576 - *SPORTS DEVELOPMENT ACT 1997

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 576 SPORTS DEVELOPMENT ACT 1997 As at 10 March 2023 This text is ONLY AN UPDATED TEXT of the Sports Development Act 1997 by the Attorney General’s Chambers. Unless and until reprinted pursuant to the powers of the Commissioner of Law Revision under subsection 14(1) of the Revision of Laws Act 1968 [Act 1], this text is NOT AN AUTHENTIC TEXT. 2 SPORTS DEVELOPMENT ACT 1997 Date of Royal Assent … … … ... 12 September 1997 Date of publication in the Gazette … … … ... 25 September 1997 Latest amendment made by P.U. (A) 62/2023 which came into operation on … … … ... 10 March 2023 PREVIOUS REPRINTS First Reprint ... ... ... 2002 Second Reprint ... ... ... 2006 3 LAWS OF MALAYSIA Act 576 SPORTS DEVELOPMENT ACT 1997 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title, application and commencement 2. Interpretation PART II SPORTS DEVELOPMENT 3. Guidelines in relation to sports development 4. Associations, etc., to consult and coordinate with Minister 5. Other Government Ministries, etc., to consult with Minister 6. Coordinating body 7. Development of sports science PART III OLYMPIC COUNCIL OF MALAYSIA 8. National Olympic Committee 9. Application of Act to the Olympic Council of Malaysia 4 Laws of Malaysia ACT 576 PART IIIA PARALYMPIC COUNCIL OF MALAYSIA AND MALAYSIA DEAF SPORTS ASSOCIATION Section 9A. Paralympic Council of Malaysia 9B. Malaysia Deaf Sports Association PART IV ADMINISTRATION OF ACT 10. Appointment of Commissioner, etc. 11. Power of Commissioner to register sports bodies 12. Power of Commissioner to require disclosure of information 13. Additional powers of Commissioner 14. Directions by the Minister PART V REGISTRATION AND SUPERVISION OF SPORTS BODIES 15. Application to be registered to carry out activities 16. Sports bodies registered under the Societies Act 1966 17. Registration of sports bodies 18. Certificate of registration 19. Grounds for refusal of registration 20. Revocation or suspension of registration by Commissioner 21. Appeals 22. Directions to continue functions of sports body 23. Internal procedure for resolution of dispute 24. Referral of dispute to Sports Dispute Committee 24A. Appeal against decision of Sports Dispute Committee 25. Consequences of refusal of registration or revocation or suspension of registration 26. Regulations in respect of sports bodies Sports Development 5 PART VI SPORTS DISPUTE COMMITTEE Section 27. Establishment of Sports Dispute Committee 28. Appointment of members of Sports Dispute Committee 29. Secretary to Sports Dispute Committee and other officers 30. Power of Sports Dispute Committee to require disclosure of information 31. Protection against suits and legal proceedings 32. Regulations in respect of Sports Dispute Committee PART VII MISCELLANEOUS 33. Approval for hosting of international competition 34. Use of recognized international rules and guidelines for competitions 35. Minister’s approval required for “Sukan Malaysia” 36. Company to apply for licence to operate 37. Amendment to Schedules 38. Regulations 39. (Deleted) 40. Protection for appointed person, member of committee, etc. 41. General powers of Minister 42. Transitional provisions 43. Prevention of anomalies FIRST SCHEDULE SECOND SCHEDULE THIRD SCHEDULE 7 LAWS OF MALAYSIA Act 576 SPORTS DEVELOPMENT ACT 1997 An Act to promote and facilitate the development and administration of sports in Malaysia and to provide for matters incidental thereto. [Peninsular Malaysia—1 January 1998, P.U. (B) 9/1998; Federal Territory of Labuan—10 July 2003, P.U. (B) 211/2003; and Sabah and Sarawak—1 October 2004, P.U. (B) 373/2004] BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows: PART I PRELIMINARY Short title, application and commencement 1. (1) This Act may be cited as the Sports Development Act 1997 and shall apply throughout Malaysia. (2) 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 Laws of Malaysia ACT 576 Interpretation 2. 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) 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; (b) 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 (c) 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— (a) the organization of competitions, seminars, clinics or courses for a sport; (b) the sending of participants to sporting competitions or events; and (c) 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. PART II SPORTS DEVELOPMENT Guidelines in relation to sports development 3. (1) Subject to subsection (2), the Minister shall be responsible for providing or issuing guidelines in relation to the development of 10 Laws of Malaysia ACT 576 sports including the long term development programme for sportsperson, coaches and sports administrators and officials at all levels. (2) 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 4. 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 5. (1) Subject to subsection (2), every Government Ministry or other governmental body at Federal, State or local level may carry out sporting activities relating to physical education or sports, including the development of leadership qualities in physical education and sports. (2) 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. (3) In this section, “Ministry” does not include the Ministry of Youth and Sports. Coordinating body 6. 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. Sports Development 11 Development of sports science 7. 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. PART III OLYMPIC COUNCIL OF MALAYSIA National Olympic Committee 8. (1) The Olympic Council of Malaysia is recognized by the International Olympic Committee as the National Olympic Committee for Malaysia. (2) 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 9. 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. 12 Laws of Malaysia ACT 576 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. (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. Sports Development 13 PART IV ADMINISTRATION OF ACT Appointment of Commissioner, etc. 10. 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 11. (1) The Commissioner shall have the following powers: (a) to register or refuse to register— (i) any association, club or society as a sports body; (ii) any sports body registered under the *Societies Act 1966 [Act 335]; (b) to impose such conditions as the thinks fit on the registration of a sports body; and (c) to revoke or suspend the registration of a sports body. (2) 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 Laws of Malaysia ACT 576 Power of Commissioner to require disclosure of information 12. (1) The Commissioner may direct any person to disclose to the Commissioner any information and produce any report and document within his knowledge or in his possession as may be deemed necessary for the purpose of exercising any of the powers and functions of the Commissioner under this Act and he may further direct the attendance before him of any person whom he considers necessary to enable him to carry out his powers and functions under this Act. (2) Any person who— (a) fails to comply with the direction of the Commissioner under subsection (1); (b) discloses any information which is known to him to be false; or (c) 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 13. 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. Sports Development 15 Directions by the Minister 14. (1) The Minister may give to the Commissioner any direction not inconsistent with the provisions of this Act as to the exercise and performance of his powers and functions in relation to any sports body and the Commissioner shall give effect to any such direction. (2) The Commissioner shall furnish the Minister with such information in relation to any sports body as the Minister may require from time to time. PART V REGISTRATION AND SUPERVISION OF SPORTS BODIES Application to be registered to carry out activities 15. (1) Every sports body shall apply to the Commissioner to be registered under this Act to carry out any sporting activity. (2) 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 16. 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]. 16 Laws of Malaysia ACT 576 Registration of sports bodies 17. Upon an application by a sports body referred to in section 15 or 16, the Commissioner may— (a) register the sports body upon receipt of such fees as may be prescribed by the regulations; or (b) refuse to register such sports body. Certificate of registration 18. (1) The Commissioner, on registering a sports body under section 17— (a) shall issue a certificate of registration in the prescribed form to the sports body; and (b) may impose such conditions as he deems fit on the sports body. (2) 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 19. (1) The Commissioner may refuse to issue a certificate of registration to a sports body unless— (a) he is satisfied that such sports body is a non-political organization for the promotion and development of a sport in Malaysia; or (b) 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. (2) 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 20. (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; or (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. (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; *NOTE—The Societies Act 1966 [Act 335] has since been revised as the Societies Act 1966 [Act 832]. 18 Laws of Malaysia ACT 576 (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. (2) 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 21. (1) Any sports body aggrieved by a decision of the Commissioner— (a) in refusing to register such sports body; (b) in imposing conditions on the registration of such sports body; or (c) 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. (2) (Deleted by Act A1570). Directions to continue functions of sports body 22. 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. Sports Development 19 Internal procedure for resolution of dispute 23. 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 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. 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. Consequences of refusal of registration or revocation or suspension of registration 25. (1) Upon the refusal of the Commissioner to register any sports body under section 17 or upon revocation or suspension of the registration of any sports body under this Act, the following provisions shall apply: (a) such sports body shall not organize, conduct, sanction or participate in any activity, including ongoing 20 Laws of Malaysia ACT 576 competitions, events or forum for any sports, whether within or outside Malaysia; (b) such sports body shall not receive or continue to receive funding from the Government, the National Sports Council or any statutory body; (c) 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; (d) 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 (e) 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. (2) 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. (3) 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 Regulations in respect of sports bodies 26. 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— (a) the procedure for the application for registration and registration of sports bodies and the fees to be charged for such registration; (b) the duties, powers and functions of sports bodies; (c) the procedure for appeals by sports bodies and the fees to be charged therefor; (d) the procedure for the appointment of coaches, referees, umpires and judges by sports bodies; (e) all matters relating to the dissolution of sports bodies and the revocation of registration of sports bodies; and (f) the disqualification of office bearers of sports bodies in certain circumstances. PART VI SPORTS DISPUTE COMMITTEE Establishment of Sports Dispute Committee 27. (1) There shall be established a committee to be known as the “Sports Dispute Committee” which shall have the responsibility to hear and resolve disputes referred to it by any member of a sports body or sports body itself under section 24. (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. 22 Laws of Malaysia ACT 576 Appointment of members of Sports Dispute Committee 28. (1) The Sports Dispute Committee shall consist of the following members to be appointed by the Minister: (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. (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; Sports Development 23 (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 29. (1) The Minister shall appoint the Commissioner to be the Secretary to the Sports Dispute Committee. (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. 24 Laws of Malaysia ACT 576 Power of Sports Dispute Committee to require disclosure of information 30. (1) The Sports Dispute Committee may direct any person to disclose to the Sports Dispute Committee any information and produce any report and document within his knowledge or in his possession as may be deemed necessary for the purpose of exercising any of its power and functions under this Act and may further direct the attendance before the Sports Dispute Committee of any person whom the Sports Dispute Committee considers necessary to enable it to carry out its duties and functions under this Act. (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, 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 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. Sports Development 25 Regulations in respect of Sports Dispute Committee 32. 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. PART VII MISCELLANEOUS Approval for hosting of international competition 33. (1) No person shall bid or offer to host any international sports competition or event in Malaysia without the prior approval in writing of the Minister whose decision thereon shall be final. (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. Use of recognized international rules and guidelines for competitions 34. 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. 26 Laws of Malaysia ACT 576 Minister’s approval required for “Sukan Malaysia” 35. 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 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 Sports Development 27 (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. Amendment of Schedules 37. 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 38. (1) The Minister may make regulations as may be expedient or necessary for the purpose of giving effect to or carrying out the provisions of this Act. (2) 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: (a) the forms to be used and the conditions to be complied with in applying to be registered or licensed under this Act; (b) the information to be furnished to the Commissioner; (c) the standards, technical specifications and requirements for all sports facilities in Malaysia; 28 Laws of Malaysia ACT 576 (d) the internal procedures for resolving disputes within a sports body; (e) the guidelines for the issuance of a licence to a company; and (f) prescribing anything which may be prescribed under this Act. (3) 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. 39. (Deleted by Act A1570). Protection for appointed person, member of committee, etc. 40. 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 41. (1) The Minister may, upon being satisfied that there are special circumstances for doing so, exempt any person from all or any provision of this Act. (2) 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 Transitional provisions 42. (1) All applications for registration as a society carrying on activities which may only be carried out by a sports body and all applications for approval by such societies under the *Societies Act 1966 which are pending on the date of coming into force of this Act shall, on that date, cease to be dealt with under that Act and shall be dealt with under the provisions of this Act. (2) 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. (3) 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 43. (1) The Minister may, by order, make such modifications in the provisions of this Act as may appear to him to be necessary or expedient for the purpose of removing any difficulty occasioned by the coming into operation of this Act: Provided that the Minister shall not exercise the powers conferred by this section after the expiration of two years from the date of coming into operation of this Act. (2) 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 Laws of Malaysia ACT 576 *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 16. (1) Any registration of a company registered as a sports body under the principal Act before the date of coming into operation of this Act, shall be deemed to be revoked on the date of coming into operation of this Act and shall cease to be dealt with under the provisions of the principal Act as amended by this Act. (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. Sports Development 31 FIRST SCHEDULE [Section 2] The following activities are regarded as sports for the purposes of this Act: 1. 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 32 Laws of Malaysia ACT 576 29. 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 Sports Development 33 61. 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 34 Laws of Malaysia ACT 576 93. 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: 1. Objects or functions of the sports body are— (a) to govern or becomes representative for that sport; (b) to promote and develop its sports; (c) to maintain good relations with its governing body; (d) to ensure its constitution or rules are abided by all its members; (e) to control and exercise jurisdiction over all activities in relation to its sports; (f) 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 (g) to take remedial actions for matters involving personal and environment safety including sexual harassment and abuse. Sports Development 35 2. 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. 3. The selection procedures for sportsperson, officials, coaches and any other person to represent its sport are open and fair. 4. Membership of sports body is recorded and kept in order. 5. 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: 1. Objects or functions of the sports body are— (a) to promote and develop its sports; (b) to ensure its constitution or rules are abided by all its members; (c) 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 (d) to take remedial actions for matters involving personal and environment safety including sexual harassment and abuse. 2. 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. 3. Membership of sports body is recorded and kept in order. 4. 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. 36 LAWS OF MALAYSIA Act 576 SPORTS DEVELOPMENT ACT 1997 LIST OF AMENDMENTS Amending law Short title In force from P.U. (A) 170/1998 Sports Development (Modification) 01-04-1998 Order 1998 P.U. (A) 177/2000 Sports Development (Amendment) 26-05-2000 Order 2000 P.U. (A) 279/2004 Sports Development (Amendment) 13-08-2004 Order 2004 Act A1570 Sports Development (Amendment) 01-03-2019 Act 2018 P.U. (A) 60/2023 Sports Development (Amendment 10-03-2023 of First Schedule) Order 2023 P.U. (A) 61/2023 Sports Development (Amendment 10-03-2023 of Second Schedule) Order 2023 P.U. (A) 62/2023 Sports Development (Amendment 10-03-2023 of Third Schedule) Order 2023 37 LAWS OF MALAYSIA Act 576 SPORTS DEVELOPMENT ACT 1997 LIST OF SECTIONS AMENDED Section Amending authority In force from 2 Act A1570 01-03-2019 9A –9B Act A1570 01-03-2019 11 Act A1570 01-03-2019 12 Act A1570 01-03-2019 16 P.U. (A) 170/1998 01-04-1998 20–21 Act A1570 01-03-2019 24–25 Act A1570 01-03-2019 27–33 Act A1570 01-03-2019 36 Act A1570 01-03-2019 38–39 Act A1570 01-03-2019 First Schedule P.U. (A) 177/2000 26-05-2000 P.U. (A) 279/2004 13-08-2004 P.U. (A) 60/2023 10-03-2023 Second Schedule P.U. (A) 61/2023 10-03-2023 Third Schedule P.U. (A) 62/2023 10-03-2023