Is AKTA PEMBANGUNAN SUKAN (PINDAAN) 2018 still in force?

Yes — AKTA PEMBANGUNAN SUKAN (PINDAAN) 2018 is currently in force.

When did AKTA PEMBANGUNAN SUKAN (PINDAAN) 2018 take effect?

AKTA PEMBANGUNAN SUKAN (PINDAAN) 2018 was first recorded in 2018.

How many sections does AKTA PEMBANGUNAN SUKAN (PINDAAN) 2018 have?

AKTA PEMBANGUNAN SUKAN (PINDAAN) 2018 contains 23 sections.

Where can I read the official version of AKTA PEMBANGUNAN SUKAN (PINDAAN) 2018?

The official text of AKTA PEMBANGUNAN SUKAN (PINDAAN) 2018 is published at lom.agc.gov.my.

/akn/my/act/amendment_act/2018/A1570

SPORTS DEVELOPMENT (AMENDMENT) ACT 2018

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Type: Amendment Act
Status: In force
Enacted: 2018
Sections: 23
Languages: MS · EN

Quick answer

About this amendment act

SPORTS DEVELOPMENT (AMENDMENT) ACT 2018 is Malaysia Amendment Act, cited as Amendment Act A1570 2018, currently marked in force and first recorded in 2018.

Opening note

Preamble

An Act to amend the Sports Development Act 1997. [ ] ENACTED by the Parliament of Malaysia as follows: Short title and commencement

Section 1

(2)

This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette.

Amendment of section 2

Section 2

The Sports Development Act 1997 [Act 576], which is referred to as the “principal Act” in this Act, is amended in section 2—

(a)

in the definition of “sports body”, by substituting for the words “, society or company” the words “or society”;

(b)

by inserting after the definition of “sports body”

the following definition:

‘ “Sports Dispute Committee” means the Sports

Dispute Committee established under Part VI;’;

(c)

by deleting the definition of “Sports Advisory Panel”;

and

(d)

in the definition of “company”, by substituting for the words “Companies Act 1965 [Act 125]” the words

“Companies Act 2016 [Act 777]”.

New Part IIIa

Section 3

The principal Act is amended by inserting after Part III the following Part:

“Part IIIa

PARALYMPIC COUNCIL OF MALAYSIA AND MALAYSIA

DEAF SPORTS ASSOCIATION

Paralympic Council of Malaysia 9a. (1) The Paralympic Council of Malaysia is recognized by the International Paralympic Committee as the National

Paralympic Committee for Malaysia.

(2)

The Paralympic Council of Malaysia shall be responsible for ensuring that the participation of Malaysia in the Paralympic

Games, Asian Paralympic Games and other international athletics competitions is in accordance with the rules and regulations of the International Paralympic Committee, Asian

Paralympic Committee and other international sports bodies to which the Paralympic Council of Malaysia is affiliated.

Malaysia Deaf Sports Association 9b. (1) The Malaysia Deaf Sports Association is recognized by the International Committee of Sports for the Deaf as the National Deaf Sports Federation for Malaysia.

Sports Development (Amendment)

(2)

The Malaysia Deaf Sports Association shall be responsible for ensuring that the participation of Malaysia in the Deaflympics, Asia Pacific Deaf Games and other international athletics competitions is in accordance with the rules and regulations of the International Committee of

Sports for the Deaf, Asia Pacific Deaf Sports Confederation and other international sports bodies to which the Malaysia

Deaf Sports Association is affiliated.”.

Amendment of section 11

Section 4

Subparagraph 11(1)(a)(i) of the principal Act is amended by substituting for the words “, society or company” the words

“or society”.

Section 5

Amendment of section 12

Subsection 12(2) of the principal Act is amended by substituting for the words “not exceeding five thousand ringgit” the words

“of not less than five thousand ringgit but not more than fifty thousand ringgit”.

Section 6

Amendment of section 20

(a)

by substituting for subsection (1) the following subsection:

“(1) The Commissioner shall revoke the registration of a sports body if the Commissioner is satisfied that the sports body—

(a)

is registered as a result of a fraud or a mistake or misrepresentation in any material particular;

(b)

is inactive or is no longer a fit and proper entity to be registered to represent its sports in any State or in Malaysia.”; and

(b)

by inserting after subsection (1) the following subsection:

“(1a) The Commissioner may suspend the registration of a sports body if the Commissioner is satisfied that the sports body—

(a)

fails to comply with any of the conditions imposed by the Commissioner under section 18;

(b)

contravenes any regulations made under this

Act;

(c)

fails or neglects to remedy any malpractice, misconduct or irregularity on the part of its office bearer or its members within the period specified in the written notice given by the Commissioner;

(d)

is uncooperative or obstructive in the implementation of the regulations, policies or guidelines made under or pursuant to the powers under this Act; or

(e)

fails or neglects to carry out any activity and affair of its sports body in accordance with its constitution.”.

Amendment of section 21

Section 7

Section 21 of the principal Act is amended by deleting subsection (2).

Sports Development (Amendment)

Section 8

Substitution of section 24

The principal Act is amended by substituting for section 24

the following section:

Quoted provision

Section 24

Where a dispute cannot be resolved in accordance with the internal procedures referred to in section 23, any member of a sports body or a sports body itself may refer the dispute to the Sports Dispute Committee for decision.”.

New section 24a

Section 9

“Referral of dispute to Sports Dispute Committee

The principal Act is amended by inserting after section 24

the following section:

“Appeal against decision of Sports Dispute Committee 24a. (1) Any member of a sports body or a sports body who is aggrieved by the decision of the Sports Dispute

Committee may, within twenty-one days after the decision has been communicated to the member of the sports body or the sports body, appeal to the Minister.

(2)

The Minister may confirm, reverse or vary the decision of the Sports Dispute Committee.

(3)

The decision of the Minister under subsection (2) shall be final.”.

Amendment of section 25

Section 10

Subsection 25(2) of the principal Act is amended by substituting for the words “not exceeding five thousand ringgit”

the words “of not less than five thousand ringgit but not more than fifty thousand ringgit”.

Section 11

Substitution of Part VI

The principal Act is amended by substituting for Part VI the following Part:

“Part VI

SPORTS DISPUTE COMMITTEE

Quoted provision

Section 27

(2)

The Sports Dispute Committee shall ensure that sports bodies and other parties to a sports dispute including athletes be given an affordable, just and speedy means of resolving a sports dispute.

Appointment of members of Sports Dispute Committee

Quoted provision

Section 28

(a)

a Chairman;

(b)

two members who, in the opinion of the Minister, have experience, qualifications or have shown capacity and professionalism in matters relating to sports, or to be otherwise suitable for appointment because of their special knowledge and skills; and

(c)

two members as the Minister deems fit.

(2)

The Chairman and members of the Sports Dispute

Committee shall hold office for a period not exceeding two years and shall be eligible for reappointment.

Sports Development (Amendment)

(3)

The members of the Sports Dispute Committee shall be paid such remuneration and allowances as the Minister may determine after consultation with the Minister of Finance.

(4)

The office of a member of the Sports Dispute Committee appointed under subsection (1) shall be vacated—

(a)

if he dies;

(b)

if there has been proved against him, or he has been convicted on, a charge in respect of—

(i)

an offence involving fraud, dishonesty or moral turpitude;

(ii)

an offence under any law relating to corruption;

(iii)

any other offence punishable with imprisonment for more than two years;

(c)

if he is of unsound mind or is otherwise incapable of discharging his duties;

(d)

if he absents himself from three consecutive sittings of the Sports Dispute Committee without leave of the Chairman or in the case of the Chairman, without leave of the Minister;

(e)

if his resignation is accepted by the Minister; or

(f)

if his appointment is revoked by the Minister.

(5)

Where a member appointed under subsection (1)

ceases to be a member of the Sports Dispute Committee, the Minister may appoint another person to fill the vacancy and any person so appointed shall hold office for the remaining period.

(6)

The Chairman or any member of the Sports Dispute

Committee may at any time resign from his office by giving notice in writing to the Minister.

(7)

At any proceedings of the Sports Dispute Committee the quorum shall comprise not less than three members, including the Chairman, and in the absence of the Chairman, any member present at the proceedings may be elected as

Chairman by the other members present.

Secretary to Sports Dispute Committee and other officers

Quoted provision

Section 29

(2)

The Minister may designate such number of public officer as the Minister thinks fit to assist the Secretary.

(3)

For the purpose of this Act, the Secretary and the officers designated under subsection (2) shall be deemed to be officers of the Sports Dispute Committee.

Power of Sports Dispute Committee to require disclosure of information

Quoted provision

Section 30

(2)

Any person who—

(a)

fails to comply with the direction of the Sports Dispute Committee under subsection (1);

(b)

discloses any information to the Sports Dispute

Committee which is known to him to be false; or

(c)

produces report or document to the Sports Dispute

Committee which is known to him to be false,

Sports Development (Amendment)

shall be guilty of an offence and shall on conviction be liable to a fine of not less than five thousand ringgit but not more than fifty thousand ringgit or to imprisonment for a term not exceeding five years or to both.

Protection against suits and legal proceedings

Quoted provision

Section 31

No action, suit, prosecution or any other proceeding shall lie or be brought, instituted or maintained in any court against the members and officers of the Sports Dispute

Committee in respect of any act, neglect or default done or omitted to be done or made by the members and officers of the Sports Dispute Committee if such act, neglect or default was done or was omitted to be done or made, in good faith.

Quoted provision

Section 32

Regulations in respect of Sports Dispute Committee

The Minister may make regulations as may be necessary in respect of the Sports Dispute Committee and in particular and without prejudice to the generality of the foregoing, the Minister may make regulations in respect of the following:

(a)

prescribing the procedures to be adopted by the Sports Dispute Committee in dealing with any dispute referred to it under section 24; and

(b)

generally for the better carrying out of the functions of the Sports Dispute Committee under this Act.”.

Amendment of section 33

Section 12

Establishment of Sports Dispute Committee

(a)

by renumbering the existing section as subsection (1);

(b)

in subsection (1) as renumbered, by inserting after the word “bid” the words “or offer”; and

(c)

by inserting after subsection (1) as renumbered the following subsection:

“(2) Any person who contravenes subsection (1)

shall be guilty of an offence and shall on conviction be liable to a fine of not less than fifty thousand ringgit but not more than five hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both.”.

Amendment of section 36

Section 13

Section 36 of the principal Act is amended by inserting after subsection (3) the following subsections:

“(4) Any company which contravenes subsection (1) shall be guilty of an offence and shall on conviction be liable to a fine of not less than fifty thousand ringgit but not more than five hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both.

(5)

Where an offence under this section has been committed by a company, any person who at the time of the commission of the offence was a director, chief executive officer, chief operating officer, manager, secretary or other similar officer of the company or was purporting to act in any such capacity or was in any manner or to any extent responsible for the management of any of the affairs of the company or was assisting in such management—

(a)

may be charged severally or jointly in the same proceedings with the company; and

(b)

where the company is found guilty of the offence, shall be deemed to be guilty of that offence unless, having regard to the nature of his functions in that capacity and to all circumstances, he proves—

(i)

that the offence was committed without his knowledge, consent or connivance; and

(ii)

that he had taken all reasonable precautions and exercised due diligence to prevent the commission of the offence.”.

Sports Development (Amendment)

Amendment of section 38

Section 14

Subsection 38(3) of the principal Act is amended by substituting for the words “not exceeding five thousand ringgit or a term of imprisonment not exceeding six months” the words “of not less than five thousand ringgit but not more than fifty thousand ringgit or a term of imprisonment not exceeding five years”.

Section 15

Deletion of section 39

The principal Act is amended by deleting section 39.

Section 16

Savings and transitional provision

(2)

Any action commenced or pending before the date of coming into operation of this Act shall, after the date of coming into operation of this Act, be continued as if the principal Act had not been amended by this Act.

(3)

Any obligation or liability accrued or incurred under the principal Act, may be continued, enforced, imposed and be dealt with, as the case may be, as if the principal Act had not been amended by this Act.

KUALA LUMPUR

Common questions

What is AKTA PEMBANGUNAN SUKAN (PINDAAN) 2018?: SPORTS DEVELOPMENT (AMENDMENT) ACT 2018 is Malaysia Amendment Act, cited as Amendment Act A1570 2018, currently marked in force and first recorded in 2018.
Is AKTA PEMBANGUNAN SUKAN (PINDAAN) 2018 still in force?: Yes — AKTA PEMBANGUNAN SUKAN (PINDAAN) 2018 is currently in force.
When did AKTA PEMBANGUNAN SUKAN (PINDAAN) 2018 take effect?: AKTA PEMBANGUNAN SUKAN (PINDAAN) 2018 was first recorded in 2018.
How many sections does AKTA PEMBANGUNAN SUKAN (PINDAAN) 2018 have?: AKTA PEMBANGUNAN SUKAN (PINDAAN) 2018 contains 23 sections.
Where can I read the official version of AKTA PEMBANGUNAN SUKAN (PINDAAN) 2018?: The official text of AKTA PEMBANGUNAN SUKAN (PINDAAN) 2018 is published at lom.agc.gov.my.