Sports Development Act 1997

This Act shall come into force on such date or dates as the

Minister may, by notification in the Gazette, appoint; and the

Minister may appoint different dates for the coming into force of different provisions of this Act and for the application of this Act to different parts of Malaysia.

8

Interpretation

a member of any subcommittee or other body established or formed by the governing body of a sports body, or by the governing body of a branch of such sports body;

any person who is responsible to any extent for the management of any of the affairs, or the conduct of any of the activities, of a sports body or of any branch of such sports body; and

any person who is appointed or authorized to represent, or act on behalf of, a sports body or any branch of such sports body, in any matter, other than a person who is

Sports Development 9

engaged by the sports body to represent, or to act on behalf of, the sports body or any branch of such sports body in his professional capacity or by contractual arrangement;

“sport” means any of the activities listed in the First Schedule;

“sporting activity”, in relation to a sport, includes—

the organization of competitions, seminars, clinics or courses for a sport;

the sending of participants to sporting competitions or events; and

any other activity ancillary or related to a sport;

“sports body” means an association, club or society which acts as the governing or representative body of a sport in Malaysia whether at district, State or national level, whether or not such association, club, or society is only an affiliate of another association, club, or society;

“Sports Dispute Committee” means the Sports Dispute Committee established under Part VI;

“sportsperson” means the participant of a sport, including an athlete;

“State” includes the Federal Territories of Malaysia.

The Minister shall not provide or issue any guidelines under subsection (1) where there already exist international guidelines or rules on the same matter.

The Minister may, by notification in writing, require a Government Ministry or governmental body referred to in subsection (1) to consult and coordinate with him in relation to the activities referred to in that subsection.

In this section, “Ministry” does not include the Ministry of

Youth and Sports.

The Olympic Council of Malaysia shall be responsible for ensuring that the participation of Malaysia in the Olympic Games,

Asian Games, Commonwealth Games, South East Asian Games and other international athletics competitions as in accordance with the rules and regulations of the International Olympic Committee, the

Olympic Council of Asia, the Commonwealth Games Federation, the

South East Asian Games Federation and other international sports bodies to which the Olympic Council of Malaysia is affiliated.

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.

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.

Sports Development 13

to register or refuse to register—

any association, club or society as a sports body;

to impose such conditions as the thinks fit on the registration of a sports body; and

to revoke or suspend the registration of a sports body.

The Commissioner may, in writing, delegate any of his powers under subsection (1) to any person or committee formed by the

Commissioner for the purpose and may prescribe in writing such procedures and regulations as he deems necessary for the exercise of the powers so delegated.

*NOTE—The Societies Act 1966 [Act 335] has since been revised as the Societies Act 1966 [Act 832].

14

Any person who—

The Commissioner shall furnish the Minister with such information in relation to any sports body as the Minister may require from time to time.

No sports body shall carry out any of the activities referred to in subsection 25 (1) until and unless it has been registered under this Act.

register the sports body upon receipt of such fees as may be prescribed by the regulations; or

refuse to register such sports body.

shall issue a certificate of registration in the prescribed form to the sports body; and

may impose such conditions as he deems fit on the sports body.

A certificate of registration, unless proved to have been subsequently revoked, shall be conclusive evidence for all purposes that the sports body has been duly registered by the Commissioner under this Act.

he is satisfied that such sports body is a non-political organization for the promotion and development of a sport in Malaysia; or

subject to subsection (2), the constitution or rules of such sports body, with the exception of the Olympic Council of Malaysia, contain provisions for all matters set out in

Sports Development 17

the Second Schedule or Third Schedule, whichever is applicable, or such other matters, which the

Commissioner may reasonably require.

Where the matters set out in the Second Schedule or Third

Schedule, whichever is applicable, are not incorporated in the constitution or rules of a sports body previously registered under the

*Societies Act 1966, these matters shall be deemed for the purposes of paragraph (1)(b) to have been incorporated in the constitution or rules of such sports body; but such sports body shall, not later than six months after its registration, amend its constitution or rules so as to provide for all the matters set out in the Second Schedule or Third

Schedule, whichever is applicable.

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

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

Malaysia.

The Commissioner may suspend the registration of a sports body if the Commissioner is satisfied that the sports body―

Before revoking or suspending the registration of a sports body under subsection (1), the Commissioner shall give the sports body an opportunity to submit reasons, if any, against the proposed revocation or suspension.

in refusing to register such sports body;

in imposing conditions on the registration of such sports body; or

in revoking or suspending the registration of such sports body, may, within thirty days from the date of the notification of the decision of the Commissioner, appeal to the Minister whose decision thereon shall be final.

(Deleted by Act A1570).

The Minister may confirm, reverse or vary the decision of the

Sports Dispute Committee.

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

such sports body shall not organize, conduct, sanction or participate in any activity, including ongoing

20

competitions, events or forum for any sports, whether within or outside Malaysia;

such sports body shall not receive or continue to receive funding from the Government, the National Sports

Council or any statutory body;

such sports body shall not be a member of any body or organization acting as or purporting to act as the governing body of any sport in Malaysia or represent or purport to represent the participants of any sport in

Malaysia;

such sports body shall not use the phrase “of Malaysia”

for any of its activities, or any other form of letters or marking manifesting that its activities are conducted for, in the name of or on behalf of, Malaysia or any part of

Malaysia; and

such sports body shall not organize, participate in or send participants to any sports competitions or event manifesting that such undertaking by it is for, in the name of or on behalf of, Malaysia or any part of

Malaysia, within or outside Malaysia.

Any office bearer who contravenes subsection (1) 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 and in the case of a continuing offence, to a fine not exceeding five hundred ringgit per day for each day during which the offence continues.

The Commissioner may, in writing, suspend the operation of subsection (1) in relation to any sports body to such extent and for such period as he thinks fit.

Sports Development 21

the procedure for the application for registration and registration of sports bodies and the fees to be charged for such registration;

the duties, powers and functions of sports bodies;

the procedure for appeals by sports bodies and the fees to be charged therefor;

the procedure for the appointment of coaches, referees, umpires and judges by sports bodies;

all matters relating to the dissolution of sports bodies and the revocation of registration of sports bodies; and

the disqualification of office bearers of sports bodies in certain circumstances.

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.

22

a Chairman;

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

two members as the Minister deems fit.

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.

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.

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

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.

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.

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.

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

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.

24

Any person who―

prescribing the procedures to be adopted by the Sports

Dispute Committee in dealing with any dispute referred to it under section 24; and

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

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.

The licence referred to in subsection (1) may be subject to a fee and such conditions as the Commissioner deems fit to impose.

The Commissioner may, on being satisfied that there are reasonable grounds for doing so, revoke the licence issued to a company under this section after giving that company an opportunity to make representations to him.

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.

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―

In particular, without prejudice to the generality of the power conferred by subsection (1), the Minister may make regulations for or in respect of all or any of the following matters:

Any regulations made under this section or section 26 may provide that any contravention thereof is an offence and may provide for the imposition of a fine of not less than five thousand ringgit but not more than fifty thousand ringgit or a term of imprisonment not exceeding five years or to both for such offence.

Subject to the provisions of this Act and any regulations made thereunder, the Minister shall be the final authority in relation to sports and sports related matters.

Sports Development 29

Any proceedings or cause of action pending or existing immediately before the date of coming into force of this Act under the *Societies Act 1966 may be continued or instituted under that Act as if this Act had not been enacted.

This Act shall not affect any person’s liability to be prosecuted or punished for offences committed under the *Societies Act 1966

before the date of coming into force of this Act, or any proceedings brought or sentence imposed before that date in respect of such offence.

In this section, “modifications” includes amendments, additions, deletions, substitutions, adaptations, variations, alteration and non-application of any provision of this Act.

*NOTE—The Societies Act 1966 [Act 335] has since been revised as the Societies Act 1966 [Act 832].

30

*NOTE—see section 16 of the Sports Development (Amendment) Act 2018

[Act A1570] w.e.f 1 March 2019 which provides the following provision:

Savings and transitional provision

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.

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.

Sports Development 31

FIRST SCHEDULE

[Section 2]

The following activities are regarded as sports for the purposes of this Act:

to govern or becomes representative for that sport;

to promote and develop its sports;

to maintain good relations with its governing body;

to ensure its constitution or rules are abided by all its members;

to control and exercise jurisdiction over all activities in relation to its sports;

to ensure its sports activities are conducted in safe sports environment, and with integrity including to comply with anti-doping rules which are internationally recognized; and

to take remedial actions for matters involving personal and environment safety including sexual harassment and abuse.

to promote and develop its sports;

to ensure its constitution or rules are abided by all its members;

to ensure its sports activities are conducted in safe sports environment, and with integrity including to comply with anti-doping rules which are internationally recognized; and

to take remedial actions for matters involving personal and environment safety including sexual harassment and abuse.