KUALA LUMPUR: The Sports Development (Amendment) Bill 2026, which proposes powers to declare sports bodies unlawful and deregister them, has been passed by the Dewan Rakyat on Tuesday (Oct 6).
Youth and Sports Minister Dr Mohammed Taufiq Johari said the proposed Section 41A of the Bill could not be used to punish sports associations that disagreed with the government.
He said the provision could only be invoked when a sports body was being used in a manner that threatened national security, public order or morality.
"Differences of opinion, internal disputes, unhappiness with a sports body's leadership or differences in stance between a sports body and the government do not by themselves meet that threshold," he told the Dewan Rakyat when winding up the debate on the Bill on Tuesday (Oct 6).
He said any order to declare a sports body unlawful would have to be gazetted, made only after consultation with the Sports Commissioner and remain subject to judicial review.
Dr Mohammed Taufiq cited the Federal Court's 1979 ruling in Pengarah Tanah dan Galian v Sri Lempah Enterprise, where then acting Chief Justice of Malaya Raja Azlan Shah held that "unfettered discretion is a contradiction in terms".
He said similar powers also already existed under the Youth Societies and Youth Development Act 2007 and the Societies Act 1966.
However, he noted that while the Societies Act allowed the minister to act at his "absolute discretion", such wording was not included in this Bill.
He also assured that the implementation of the provision would be guided by clear parameters to prevent it from being interpreted too broadly by the Ministry.
“For example, in the context of Malaysia's national security, the provision would cover sports bodies used to finance terrorism or conduct subversive or espionage activities.
“While in terms of public order, the provision would only cover those sports bodies used to organise riots or violence,” he said.
He said in terms of morality, the provision would apply only for serious circumstances with an objective basis such as sports bodies systematically being used for sexual exploitation, prostitution or sex trafficking, instead of matters based on a minister's personal preferences.
“With this approach, the three grounds cannot be used arbitrarily or too broadly,” he said, adding that no sports body had so far been found to be involved in such activities.
Under the Bill, the Sports Commissioner may also direct registered sports bodies to amend their constitutions to comply with the Sports Development Act 1997 (Act 576).
The commissioner's approval would also be required before a sports body changes its name, address or constitution.
Assets of deregistered sports bodies would be vested in the Director-General of Insolvency, while new bodies could apply to take over the assets and debts of the previous bodies with High Court approval under the newly passed Bill
The Bill also introduces a new clause that gives enforcement officers powers to investigate, seize documents and apply for search warrants, while prosecutions would require the Public Prosecutor's written consent.
The Bill would also empower the minister to make regulations on anti-doping and safe sport ahead of the 2027 World Anti-Doping Code, which takes effect on Jan 1 next year.
Dr Mohammed Taufiq said the ministry had received 57 safe sport complaints as of May 31 since the Safe Sport Code was introduced in 2023.
The Bill, which was first tabled on Monday (Oct 5), went through its first and second readings on Tuesday before being passed via a voice vote without any issue.
