Sports bodies deemed 'incompatible with security, morality' could be shut down under proposed changes

PARLIAMENT | Putrajaya is seeking to grant a minister the power to revoke the registration of sports bodies deemed detrimental to national security, public order, or morality.

The clause was detailed in a bill on proposed amendments to the Sports Development Act 1997, which Youth and Sports Minister Taufiq Johari tabled in Parliament yesterday.

Following its second reading today, 31 MPs are expected to present their debates on the bill.

Under the proposed Section 41A, a minister in charge of sports may, after consulting the sports commissioner, issue a gazetted declaration that any sports body believed to be used for “purposes prejudicial to or incompatible with” national security, public order, or morality is unlawful.

Based on the submitted Section 41A(2), an order made under the section will result in an immediate revocation of the sports bodies’ registration.

Section 41 of the existing Act covers the general powers of a minister, who may, upon being satisfied that there are special circumstances for doing so, exempt any person from all or any provision of the Act.

Section 41(2) states that the minister is the “final authority” in relation to sports and sports-related matters, subject to the Act’s provisions and any regulations made under the legislation.

The Act also stipulates that once a sports body’s registration has been refused by the sports commissioner, revoked, or suspended, it will not be able to be involved in any activities within or outside Malaysia.

RM50k fine

Besides a halt to the sports body’s funding from the government, the National Sports Council, or any statutory body, office bearers of implicated entities also risk a fine between RM5,000 and RM50,000 if they are found guilty of failing to adhere to the rules upon its deregistration.

Clause 8 of the amendment bill on a new Section 25A further seeks to provide for the consequences of a sports body’s registration revocation by the sports commissioner or the minister.

This includes the vesting of property in the Insolvency director-general for the purpose of winding up the affairs of the affected sports body, with the authority also empowered to request any information relating to property, affairs, business, accounts or books of the sports body.

The proposed Section 25B also establishes the necessary procedure that should be undertaken by a deregistered sports body, including the vesting of its assets, debts, and liabilities, before it can set up a new sports body as a replacement.

The procedure, if passed by the Dewan Rakyat, will be subject to an application by the new sports body to the Insolvency director-general, who will then apply for an order from the High Court.

Separately, the bill introduces new laws on enforcement and investigations, with appointed public officers granted the necessary powers to conduct probes or enforcement action under the Act.

Under Section 32D(1), any person involved in a case may be summoned by such officers, who are also authorised to request and seize documents from any person as part of investigations under the Act.

While recorded statements and seized materials will be admissible as evidence in court, officers may also apply for a search warrant from a magistrate.

Meanwhile, Clause 11 seeks to introduce new paragraphs into Section 38(2) on the minister’s power to make regulations, with the bill putting forth that the minister be authorised to instill laws on compliance with international obligations on anti-doping and any matter related to safe sport.

The bill will incur extra government spending, though the amount has yet to be determined.

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