Malaysia legislation

Section 11

of SPORTS DEVELOPMENT (AMENDMENT) ACT 2018

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;

or

(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)

11

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