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Section 36

Company to apply for licence to operate

of Sports Development Act 1997

ActIn forceProvision 39 of 48
Section 36
(1)

A company shall not involve itself in any sporting activity or in any other activity related to sports, as may be prescribed by the

Minister in the regulations, unless it is licensed to do so by the

Commissioner.

(2)

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

(3)

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.

(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

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(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.