PRELIMINARY
Short title, application and commencement
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Sports Development Act 1997 is Malaysia Act, cited as Act 576 1997, currently marked in force and first recorded in 1997.
Opening note
Short title, application and commencement
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.
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Interpretation
In this Act, unless the context otherwise requires—
“certificate” means the certificate of registration issued under section 18;
“Commissioner” means the Commissioner of Sports appointed under section 10 and includes a Regional, Deputy or Assistant
Commissioner of Sports;
“company” has the same meaning as is assigned to that expression in the Companies Act 2016 [Act 777] and includes a “corporation”
as defined in that Act;
“licence” means the licence issued by the Commissioner under section 36;
“Minister” means the Minister charged with the responsibility for sports;
“National Sports Council” means the National Sports Council of
Malaysia established under the National Sports Council of Malaysia
Act 1971 [Act 29];
“office bearer”, in relation to a sports body, includes—
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
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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—
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.
Association, etc., to consult and coordinate with Minister
All associations, agencies or bodies that are involved in sports shall consult and coordinate with the Minister in relation to any sports matter as may be prescribed by the Minister in the regulations.
Other Government Ministries, etc., to consult with Minister
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.
Coordinating body
Pursuant to its role as provided for in the National Sports Council of Malaysia Act 1971, the National Sports Council shall be the overall coordinating body for all sports bodies to promote and develop sports in Malaysia.
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Development of sports science
The Minister may, towards the development of sports, take all necessary action to encourage the development of sports science in higher educational institutions in Malaysia and for this purpose may render all assistance which he considers necessary.
National Olympic Committee
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.
Application of Act to the Olympic Council of Malaysia
Subject to this Act, the provisions of this Act which are applicable to a sports body shall be equally applicable to the Olympic
Council of Malaysia and references to a “sports body” in those provisions shall include a reference to the Olympic Council of
Malaysia.
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PART IIIA
PARALYMPIC COUNCIL OF MALAYSIA AND MALAYSIA
DEAF SPORTS ASSOCIATION
Paralympic Council of Malaysia
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
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.
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Appointment of Commissioner, etc.
The Minister may appoint a Commissioner of Sports and so many Regional Commissioners, Deputy Commissioners and
Assistant Commissioners of Sports and other officers and servants as the Minister thinks necessary for the proper administration of this Act.
Power of Commissioner to register sports bodies
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
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].
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Power of Commissioner to require disclosure of information
Any person who—
produces a report or document which is known to him to be false, 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 six months or to both.
Additional powers of Commissioner
In addition to the powers, duties and functions conferred on the Commissioner by this Act and any regulations made thereunder, the Commissioner shall have and may exercise all such powers, discharge all such duties and perform all such functions as may be necessary for the purpose of giving effect and carrying out the provisions of this Act.
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Directions by the Minister
The Commissioner shall furnish the Minister with such information in relation to any sports body as the Minister may require from time to time.
Application to be registered to carry out activities
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.
Sports bodies registered under the *Societies Act 1966
Any sports body registered under the *Societies Act 1966 shall, on the date of coming into force of this Act cease to be registered under the *Societies Act 1966 and shall, within five months thereof, apply to the Commissioner to be registered under this Act to carry out any sporting activity; and such sports body shall continue to operate as a sports body until notified otherwise by the Commissioner.
*NOTE—The Societies Act 1966 [Act 335] has since been revised as the Societies Act 1966 [Act 832].
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Registration of sports bodies
Upon an application by a sports body referred to in section 15
or 16, the Commissioner may—
register the sports body upon receipt of such fees as may be prescribed by the regulations; or
Certificate of registration
shall issue a certificate of registration in the prescribed form to the sports body; and
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.
Grounds for refusal of registration
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
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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.
Revocation or suspension of registration by Commissioner
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―
fails to comply with any of the conditions imposed by the Commissioner under section 18;
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;
*NOTE—The Societies Act 1966 [Act 335] has since been revised as the Societies Act 1966 [Act 832].
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is uncooperative or obstructive in the implementation of the regulations, policies or guidelines made under or pursuant to the powers under this Act; or
fails or neglects to carry out any activity and affair of its sports body in accordance with its constitution.
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.
Appeals
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.
Directions to continue functions of sports body
The Minister may, pending his decision on an appeal under subsection 21(1), give any direction so as to enable such sports body to continue its function and may appoint an ad hoc committee to manage the affairs of such sports body for a period not exceeding twelve months.
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Internal procedure for resolution of dispute
Every sports body shall resolve any dispute arising amongst its members or with its committee or governing body in accordance with the internal procedures prescribed in the regulations.
Referral of dispute to Sports Dispute Committee
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.
Appeal against decision of Sports Dispute Committee
The Minister may confirm, reverse or vary the decision of the
Sports Dispute Committee.
Consequences of refusal of registration or revocation or suspension of registration
such sports body shall not organize, conduct, sanction or participate in any activity, including ongoing
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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.
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Regulations in respect of sports bodies
The Minister may make such regulations as may be necessary in respect of sports bodies and in particular and without prejudice to the generality of the foregoing, the Minister may make regulations prescribing—
the procedure for the application for registration and registration of sports bodies and the fees to be charged for such registration;
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
Establishment of Sports Dispute Committee
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.
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Appointment of members of Sports Dispute Committee
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
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―
if there has been proved against him, or he has been convicted on, a charge in respect of―
an offence involving fraud, dishonesty or moral turpitude;
any other offence punishable with imprisonment for more than two years;
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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;
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.
Secretary to Sports Dispute Committee and other officers
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.
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Power of Sports Dispute Committee to require disclosure of information
Any person who―
fails to comply with the direction of the Sports Dispute
Committee under subsection (1);
discloses any information to the Sports Dispute
Committee which is known to him to be false; or
produces report or document to the Sports Dispute
Committee which is known to him to be false, shall be guilty of an offence and shall, on conviction, be liable to a fine 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
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.
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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:
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.
Approval for hosting of international competition
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.
Use of recognized international rules and guidelines for competitions
A sports body shall ensure that all sports competitions and events authorized, conducted or participated in by it as well as those held under its auspices, are in accordance with the recognized rules and guidelines of all international governing and regulatory bodies for its sport in all matters, including the standard and qualifications of all participants and officials as well as the health and safety measures for the participants, officials and spectators thereat.
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Minister’s approval required for “Sukan Malaysia”
A person shall not, without the prior approval in writing of the
Minister, organize or conduct competition or event involving any sport by using the name “Sukan Malaysia” or any derivative or variation of such name.
Company to apply for licence to operate
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―
may be charged severally or jointly in the same proceedings with the company; and
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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―
that the offence was committed without his knowledge, consent or connivance; and
that he had taken all reasonable precautions and exercised due diligence to prevent the commission of the offence.
Amendment of Schedules
The Minister may, by order, add to, delete or otherwise amend the Schedules as the Minister thinks necessary for the purpose of giving effect to or carrying out the provisions of this Act.
Regulations
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:
the forms to be used and the conditions to be complied with in applying to be registered or licensed under this
Act;
the standards, technical specifications and requirements for all sports facilities in Malaysia;
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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.
(Deleted by Act A1570).
Protection for appointed person, member of committee, etc.
No person or member of a committee appointed by the Minister under this Act or any officer, servant or agent thereof shall be liable to be sued in any court for any act done by him in good faith and in the exercise of any power or performance of any duty under this Act.
General powers of Minister
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.
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Transitional provisions
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.
Prevention of anomalies
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].
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*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.
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FIRST SCHEDULE
[Section 2]
The following activities are regarded as sports for the purposes of this Act:
Aikido 2.
Aquatics 3.
American Football 4.
Weightlifting 5.
Badminton 6.
Dart 7.
Basque pelota 8.
Sailing 9.
Cycling 10.
Canoeing 11.
Skiing 12.
Baseball 13.
Biathlon 14.
Billiard 15.
Bodybuilding 16.
Boccia 17.
Handball 18.
Netball 19.
Basketball 20.
Football 21.
Volleyball 22.
Bowling 23.
Lawn bowls 24.
Boules 25.
Flying disc 26.
Capoeira 27.
Chess 28.
Draughts
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Bridge 30.
Dodgeball 31.
Fistball 32.
Spinning top 33.
Gymnastic 34.
Goalball 35.
Golf 36.
Wrestling 37.
Arm wrestling 38.
Hapkido 39.
Hockey 40.
Ice stock sport 41.
Judo 42.
Ju-jitsu 43.
Kabaddi 44.
Karate 45.
Fitness 46.
Kempo 47.
Kendo 48.
Korfball 49.
Cricket 50.
Curling 51.
Lacrosse 52.
Tower running 53.
Fencing 54.
Jump rope 55.
Surf 56.
Skating 57.
Archery 58.
Climbing 59.
Rowing 60.
Shooting
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Athletics 62.
Orienteering 63.
Paintball 64.
Cheerleading 65.
Modern pentathlon 66.
Dragon boat 67.
Pickleball 68.
Table tennis 69.
Polo 70.
Rugby 71.
Recreational 72.
Roundnet 73.
Sambo 74.
Sepak takraw 75.
Silambam 76.
Silat olahraga 77.
Squash 78.
Softball 79.
Stacking sports 80.
Automobile sports 81.
Powerboating sports 82.
Underwater sports 83.
Equestrian sports 84.
Electronic sports 85.
Sliding sports 86.
Fishing sports 87.
Dancesport 88.
Traditional games 89.
Air sports 90.
Yoga sports 91.
Taekwondo 92.
Dragon and lion dance
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Tug of war 94.
Tchoukball 95.
Tennis 96.
Teqball 97.
Throwball 98.
Boxing 99.
Torball 100.
Triathlon 101.
Vovinam 102.
Woodball 103.
Wushu
SECOND SCHEDULE
[Section 19]
CONSTITUTION OR RULES OF SPORTS BODIES ACTING AS THE
GOVERNING OR REPRESENTATIVE BODY OF ITS SPORT AT NATIONAL,
STATE AND DISTRICT LEVEL
The sports body shall provide in its constitution or rules the following matters:
Objects or functions of the sports body are—
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.
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Its activities are conducted without discrimination as to sex, race, colour, religion, social origin, language, political inclination or any other opinion held by its members.
The selection procedures for sportsperson, officials, coaches and any other person to represent its sport are open and fair.
Membership of sports body is recorded and kept in order.
Its fully audited accounts with reports on all activities, and the use and disbursement of all funds for its preceding financial year to be laid and approved in its annual general meeting and subsequently to be submitted to the Commissioner together with such other reports as the Commissioner may require.
THIRD SCHEDULE
[Section 19]
CONSTITUTION OR RULES OF OTHER SPORTS BODIES
UNDER THIS ACT
The sports body shall provide in its constitution or rules the following matters:
Objects or functions of the sports body are—
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.
Its activities are conducted without discrimination as to sex, race, colour, religion, social origin, language, political inclination or any other opinion held by its members.
Membership of sports body is recorded and kept in order.
Its fully audited accounts with reports on all activities, and the use and disbursement of all funds for its preceding financial year to be laid and approved in its annual general meeting and subsequently to be submitted to the Commissioner together with such other reports as the Commissioner may require.
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Act 576
LIST OF AMENDMENTS
Amending law
Short title
In force from
P.U. (A) 170/1998
Sports Development (Modification)
Order 1998
01-04-1998
P.U. (A) 177/2000
Sports Development (Amendment)
Order 2000
26-05-2000
P.U. (A) 279/2004
Sports Development (Amendment)
Order 2004
13-08-2004
Act A1570
Sports Development (Amendment)
Act 2018
01-03-2019
P.U. (A) 60/2023
Sports Development (Amendment of First Schedule) Order 2023
10-03-2023
P.U. (A) 61/2023
Sports Development (Amendment of Second Schedule) Order 2023
10-03-2023
P.U. (A) 62/2023
Sports Development (Amendment of Third Schedule) Order 2023
10-03-2023
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Act 576
LIST OF SECTIONS AMENDED
Section
Amending authority
In force from
2
9A–9B
11
12
16
P.U. (A) 170/1998
01-04-1998
20–21
24–25
27–33
36
38–39
First Schedule
P.U. (A) 177/2000
P.U. (A) 279/2004
P.U. (A) 60/2023
26-05-2000 13-08-2004 10-03-2023
Second Schedule
P.U. (A) 61/2023
10-03-2023
Third Schedule
P.U. (A) 62/2023
10-03-2023
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