Tourism Industry Act 1992

Original Language Title: Tourism Industry Act 1992

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1Industri Tourism laws of MALAYSIA Act REPRINTING 482 tourism industry Act 1992 Contains all amendments to 1 January 2006 PUBLISHED by the COMMISSIONER of law revision, UNDER the AUTHORITY of law REVISION ACT 1968 2008 2 laws of Malaysia Act 482 tourism industry Act 1992 the date of Royal Assent.................. January 30, 1992, the date of publication in the Gazette............ February 20, 1992 3Industri Tourism laws of MALAYSIA Act 482 tourism industry Act 1992 ARRANGEMENT of SECTIONS part I preliminary section 1. Short title 2. Interpretation 3. The power to nominate tourism training institutions 4. Commissioner of tourism TRAVEL UNDERTAKING LICENSING part II 5. Travel undertaking shall be licensed 6. Submission of application for license to Commissioner 7. Grant of or refusal to provide a licence 8. Cancellation of license 9. Appeal 10. Surrender of licence 11. Effect of cancellation, surrender or expiration period of licence 12. Return of licence 13. Restrictions on the use of the word "travel", etc.
Part iii REQUIREMENTS and OBLIGATIONS on the UNDERTAKING LICENSED TOURISM 14. Requirements for display license 4 laws of Malaysia Act 482 15. Obligation to submit information and particulars relating to the business operations 16. Tourism and travel abroad as well as other business 17. Notification of exchange of information 18. Requirements about advertising 19. Licensed tourist guide recruitment 20. The use of sightseeing vehicle part iV LICENSING GUIDE 21. People who serve as guides to be licensed 22. The register 23. Applications for licences and qualifications the applicant 24. Grant of licence 25. Validity of licence 26. Card authorisation 27. Obligations imposed on licensed tourist guide 28. Suspension or cancellation of licence 29. Effect of suspension or revocation of the licence of 30. The right to appeal 31. Surrendering a license and card authorisation Part iVa 31a ACCOMMODATION PREMISES REGISTRATION. Premises shall be registered 31B. Application for registration as a tourist accommodation premises 31c. The power of the Commissioner to determine the registration 31d. Express part V GENERAL 32. Renewal of licence Section Travel 5Industri 33. License lost 34. Power of Minister to make regulations 35. Obligation of confidentiality 36. Declaration is not accurate, etc.
37. General Penalty 38. Liability of Directors, etc.
39. power to compound offence 40. Authorized officers 41. Authority to investigate 42. The authority to examine witness 43. Admissibility of statement 44. Search with warrant 45. Search without warrant 46. List of things seized 47. The extra power 48. Search restrictions, etc.
49. The exercise of the prosecution section 6 laws of Malaysia Act 482 7Industri Tourism laws of MALAYSIA Act 482 tourism industry Act 1992 an act to provide for the licensing and regulation of travel industry and matters incidental or related to it.
[May 1, 1992, P.U. (B) 199/1992]
BE IT enacted by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows: part I preliminary short title 1. This Act may be cited as the tourism industry Act 1992.
Interpretation 2. (1) in this Act, unless the context otherwise requires — "prescribed", if there is no way referred to, means prescribed by this Act or any regulations made under this Act;
"licensed adventure agent" means a person licensed under subsection 7 (1) to run or operate a business travel agencies;
8 laws of Malaysia Act 482 "tourism training institutions" means — (a) an institution, school or school that provides training or courses with respect to the service and management of tourism, hotel and catering services; and (b) has been named by the Minister under section 3 as a tourism training Institute;
"sightseeing vehicle" means a vehicle used exclusively to bring tourists and in response to a payment that is not fare level;
"Secretary-general" means the Secretary-General of the Ministry charged with the responsibility for tourism;
"Malaysia Tourism Promotion Board" means the Malaysia Tourism Promotion Board established under section 3 of the Malaysia Tourism Promotion Board Act 1992 [Act 481];
"licence" means a licence granted under this Act;
"travel" includes berdarmawisata, sightseeing, buy-sides, visit places of interest or entertainment, and other activities that is usually done by a tourist;
"Minister" means the Minister charged with the responsibility for tourism;
"person" includes a body of persons, incorporated or unincorporated;
"authorized officer" means an officer authorised by the Minister under section 40;
"tourists" means any person, whether he is a Malaysian citizen or otherwise, who visited anywhere in Malaysia for any of the following purposes, namely — (a) pleasure, recreation or vacation;
9Industri Tourism (b) culture;
(c) religion;
(d) visiting friends or relatives;
(e) sports;
(f) business;
(g) meetings, conferences, seminars or conventions;
(h) study or research;
(i) any other purpose that does not relate to a job get remuneration from the place visited;
"domestic tourism" means travel to or in Malaysia or anywhere in Malaysia;
"travel abroad" means travel to or in any place outside Malaysia;
"Guide" means a person who provides services to tourists or any other people by driving them for the sake of payment when travelling;
"a licensed tourist guide" means a person licensed under subsection 24 (1) to act as a tourist guide;
"licensed travel operator" means a person licensed under subsection 7 (1) to run or operate a tour operating business;
"the travel undertaking" means — (a) any of the tour operating business;
(b) any business travel agencies;
(c) (struck by A1153 Act);
(d) (struck by A1153 Act);
(e) any business that provide tourism training institutions;
10 laws of Malaysia Act 482 "travel undertaking licensed" means any travel undertaking licensed under subsection 7 (1);
"business travel agency" means any business that provides all or any of the following: (a) sell, organize or hold a ticket for a Commission, which entitles a person to make the adventure using any transport whether by land, sea or air;
(b) sell, organize or hold for Commission, accommodation in Malaysia or outside Malaysia;
(c) any other services incidental to any of the services listed above;
"the tour operating business" means any business that provides all or any of the following: (a) arrange for sales or commissions for any transportation services, accommodation, tourism or for any other incidental service for tourists in or outside Malaysia;
(b) organize or carry out sales or commissions to travel within or outside the State;
(c) provide transportation for rent to tourists;
(d) any other service incidental to any of the services listed above;
"Commissioner" means the Commissioner of tourism appointed under section 4;
"premises" means any building, including hostels, hotels, home with, pensions, rest homes and home pemalaman, submitted by the proprietor, the owner or the Manager, whether in whole or in part, as offers pemalaman or bedding to tourists for rent or reward any form of compensation, whether food or drinks are also available or not;
11Industri Tourism "premises" means any premises registered by the Commissioner under subsection 31c (1) as tourist accommodation premises;
"company" has the meaning assigned to it by the companies Act 1965 [Act 125].
(2) any reference in this Act of "this Act" shall, unless expressly mentioned otherwise, be deemed to include a reference to any regulations, orders, notifications or other subsidiary legislation made under this Act.
The power to name the tourism training Institute 3. The Minister may, by notification in the Gazette, rename any of the training institutes as tourism training institutions for the purposes of this Act.
Commissioner of tourism 4. (1) Secretary General was appointed as Commissioner of tourism which shall be responsible for general supervision over all matters related to travel under this Act.

(2) the Commissioner may, in writing, delegate the exercise of any or all powers and functions conferred upon him by this Act to any public officer as he thinks fit.
Part II LICENSING TRAVEL travel undertaking, the UNDERTAKING shall be licensed 5. (1) No person shall carry on or operate, or submit himself as carrying on or conducting tourism training institutions unless that person holds a valid licence granted under this section.
12 laws of Malaysia Act 482 (2) No person shall carry on or operate, or organizing itself as run or operate — (a) the tour operating business; or (b) the travel agency business, unless it is a company and holding a valid licence granted under this section.
(3) any person who contravenes subsection (1) or (2) commits an offence and shall, on conviction, to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding five years or both, and in the case of a continuing offence, may, in addition, to a fine not exceeding five thousand dollars for each day the offence continues to do.
(4) for the avoidance of doubt, the provisions of * Education Act 1961 [Act 43 1961] shall not apply in relation to a person carrying on or conducting a tourism training Institute.
submission of the application for the licence to the Commissioner 6. (1) an application for the grant of a licence under this part shall be made in writing to the Commissioner in such form as may be specified.
(2) every application under subsection (1) shall be accompanied by any documents or information as may be prescribed and the Commissioner may, at any time after receipt of the application and before the application is determined, orally or in writing, require the applicant to provide any document or additional information as may be found necessary by the Commissioner to determine the suitability of the applicant for the license.
(3) the requirements under subsection (2) may be different from one applicant to another applicant, or between class, category or description of different applicants.
* Note — Education Act 1961 [Act 43 1961] was repealed by the Education Act 1996 [Act 550] — see section 155 of the Act 550.
13Industri Tourism (4) where any document or additional information required under subsection (2) is not given by the applicant within the time specified in the requirements or any perlanjutannya given by the Commissioner, the application shall be deemed to be withdrawn and shall not continue, without prejudice to a new application made by the applicant.
grant of or refusal to provide licences 7. (1) the Commissioner shall, upon an application duly made in accordance with section 6 and after given all documents and information required, considering the application, and if he is satisfied will the suitability of the applicant, and on payment of the prescribed fee, give the license with or without conditions, or refuse to grant the license.
(2) every licence granted under subsection (1) shall state the duration of the licence as may be prescribed and licence number.
(3) any person who has been granted a licence under subsection (1) may apply for an additional licence for Office or branch premises to run or operate the travel undertaking of the same type as he was licensed.
(4) where the Commissioner refuses to grant the licence, he shall immediately notify the applicant in writing of refusal.
cancellation of licence 8. (1) the Commissioner may cancel a licence granted under section 7 if he is satisfied that — (a) the licensed travel undertaking has failed to comply with any obligation imposed upon him by or under this Act;
(b) undertaking licensed tourism has been in breach of any condition imposed under license, any provision of this Act or of any by-14 laws of Malaysia Act 482 other written law, no matter that no prosecutions were brought for an offence in respect of such breach;
(c) undertaking licensed tourism has been, whether in connection with the application for the licence or at any time after the grant of a licence, give to the Commissioner the information, document or declaration that is false, misleading or inaccurate made by or on behalf of the travel undertaking or by or on behalf of any person who is or who will be a Director, controller or Manager of travel undertaking is licensed;
(d) undertaking licensed tourism that conducts its business in a manner prejudicial to the interests of the public, the tourism industry or the economy;
(e) undertaking licensed tourism that does not deal in any business in respect of which it is licensed for any continuous period of six months or have stopped carrying out any business or operations for which it is licensed;
(f) undertaking licensed tourism that does not have sufficient assets to settle its liability;
(g) a winding-up order has been made against the licensed travel undertaking or a resolution for winding up freely joined has been approved;
(h) undertaking licensed tourism or any of his officers in Office management or Executive has been convicted of any offence involving dishonesty, fraud or moral turpitude; or (i) the licensed travel undertaking or directors, managers or pengawalnya has been convicted of any offence under this Act.
(2) before cancelling a licence, the Commissioner shall give to the travel undertaking licensed the written notice of his intention to do so and require travel undertaking licensed the show cause within the period specified in the notice as to why the licence should not be cancelled.
15Industri Tourism (3) if the Commissioner decides to cancel the licence, he shall immediately notify the travel undertaking concerned in writing of the decision.
(4) the cancellation of a licence shall come into force — (a) where no appeal is made against such cancellation, expiration of fourteen days from the date the notice of revocation is communicated to the travel undertaking is licensed; or (b) if there is any appeal against such cancellation, when the cancellation is confirmed by the Minister.
(5) where an appeal has been made against the cancellation of a licence, a licensed tourism undertaking whose licences cancelled shall be mengurusniagakan any new business until the appeal and cancellation has been waived by the Minister.
(6) any person who contravenes subsection (5) commits an offence and shall, on conviction, to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding two years or to both.
(7) if the revocation of a licence has come into operation, the Commissioner shall, as soon as practicable, cause the cancellation of such advertised in at least one national daily newspaper bahasa Malaysia and English for at least three days in a row.
(8) any delay or failure to advertise such notice of cancellation shall not in any manner affect the validity of the revocation.
appeal 9. (1) any person aggrieved by — (a) the refusal of the Commissioner to license any travel undertaking under section 7 or to renew any such licence; or (b) the cancellation of any licence under section 8, 16 laws of Malaysia Act 482 may appeal in writing to the Minister within fourteen days from the date of the notice of refusal or cancellation is delivered to that person.
(2) the decision of the Minister under this section is final and conclusive.
surrender of licence 10. (1) a travel undertaking licensed can surrender his/her license by submitting the license, and any additional license, to the Commissioner together with a written notice of the surrender.
(2) the surrender shall come into operation on the date on which the Commissioner receives the license and notice under subsection (1), or if a later date specified in the notice, on that date.
(3) the licensed travel Undertaking shall, not later than fourteen days after the date mentioned in subsection (2), resulting in the surrender of such advertised in at least one national daily newspaper bahasa Malaysia and English for at least three days in a row.
Effect of cancellation, surrender or expiration period of licence 11. (1) if the revocation of a licence under section 8 or the submission of their recoverable amounts under section 10 have come into operation, or if the license has expiry, then the travel undertaking licensed shall immediately stop running or operate any business in respect of which the licence has been given: provided that the Minister may, on the recommendation of the Commissioner, permit in writing travel undertaking licensed the exercise such business for a period of time as may be specified by the Minister in such permission for the purpose of winding up its affairs.
17Industri Tourism

(2) any person who contravenes subsection (1) commits an offence and shall, on conviction, to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding five years or both, and in the case of a continuing offence, may, in addition, to a fine not exceeding five thousand dollars for each day the offence continues to do.
(3) If a licence has been cancelled under section 8, any additional license therefor shall be deemed to be void.
(4) Notwithstanding subsection (1), a travel undertaking whose licences have been licensed expiry entitled conducts business as if the license is not expired when the evidence submitted to the Commissioner that the licensed travel undertaking has applied for license renewal.
return of licence 12. (1) if the cancellation of the licence under section 8 have come into operation, or if the license expiry and no application for renewal of the license presented within the period specified, then travel the licensed undertaking shall within fourteen days to return the licence, including any additional license, to the Commissioner.
(2) any person who contravenes subsection (1) commits an offence and shall, on conviction, to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding five years or both, and in the case of a continuing offence, may, in addition, to a fine not exceeding five thousand dollars for each day the offence continues, and the Court shall retain the licence and any additional license and forwarding it to the Commissioner.
Restrictions on the use of the word "travel", etc.
13. Except with the consent in writing of the Commissioner, no person shall, which instead of a travel undertaking licensed, can wear or use the word "travel", "travel", 18 laws of Malaysia Act 482 "adventure", "tourist agency", "agent" or "adventure tour operators", as the case may be, or any derivative of these words in any language, or any other words in any language that can be construed as indicating the conduct or the conduct of such business , relating to business or any part of the business conducted by that person, or to make any representation to that effect in any bill head, letter paper, notice, advertisement or in any other way whatsoever.
Part iii REQUIREMENTS and OBLIGATIONS on the UNDERTAKING LICENSED TRAVEL Requirements for display license 14. A travel undertaking licensed shall at all times display his/her license at a conspicuous place at the principal place of business in every branch where the licensed travel undertaking carrying on or conducting business.
Obligation to submit information and particulars relating to the business operations 15. (1) without prejudice to subsection (2), a licensed travel undertaking shall submit to the Commissioner any information and details including financial statements, audited balance sheet and profit and loss account in relation to the overall operations of its business required by the Commissioner from time to time in such a period as it may specify.
(2) when required by the Commissioner, an operator or agent licensed adventure shall submit the following to the Commissioner: (a) the travel itinerary for both domestic and overseas tourism; (b) confidential tariff and other tariff;
19Industri Tourism (c) details of business activities undertaken by them including charges for and the terms and conditions of such activities;
(d) details of any contract made by them with any travel undertaking local or overseas to another;
(e) the name and details of licensed tour guides employed by them either full-time or on a part-time basis; and (f) the registration number and particulars of the cruise vehicle used for any travel.
(3) any person who contravenes subsection (1) or (2) commits an offence and shall, on conviction, to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding two years or both, and in the case of a continuing offence, may, in addition, to a fine not exceeding two thousand dollars for each day the offence continues to do.
tourism and travel abroad as well as other business 16. (1) the Commissioner shall have the right to determine and impose from time to time rates of domestic tourism and travel abroad that can be undertaken by a licensed tour operators and may, with the approval of the Minister, give to all tour operators abroad an extended period as may be specified by the Commissioner from time to time to operate domestic travel rate specified.
(2) the Commissioner may not allow any business activities of any licensed tour operators.
(3) for all overseas tour packages, tour operators licensed shall be — (a) the insurance policy; or (b) result in a deposit in the form of cash or bank guarantee made to the Commissioner, 20 laws of Malaysia Act 482, as the case may be, as directed by the Commissioner.
notification of exchange of information 17. (1) every licensed travel undertaking shall, before making any amendment or changes to any konstituennya documents, or before any change of Director or Chief Executive Officer, give to the Commissioner the particulars in writing of any amendment, change or proposed change.
(2) every licensed travel undertaking shall immediately notify the Commissioner of any amendment or change to any information or document which has been given to the Commissioner in respect of the licence.
The requirements on advertising of 18. A travel undertaking licensed cannot publish, either in newspapers, brochures or otherwise, any advertisement or information relating to or in connection with the business of a travel undertaking without entering — (a) the licence number; (b) the business name under which it carries on that business and address where such business is carried out; and (c) any other particulars relating to any of the services offered as may be deemed necessary by the Commissioner.
licensed tour guide employment 19. (1) No licensed travel undertaking may employ, or get for any tourist or any other person, a tourist guide service which are not licensed under this Act or of his/her license has been suspended or cancelled.
21Industri Tourism (2) any person who contravenes subsection (1) commits an offence and shall, on conviction, to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding two years or to both.
the use of sightseeing vehicles 20. (1) No licensed travel undertaking may use or permit the use of any vehicle to transport tourists when travelling unless cruise vehicles have been properly licensed by the proper authority for such purpose.
(2) any person who contravenes subsection (1) commits an offence and shall, on conviction, to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding two years or to both.
Part IV LICENSING GUIDE people who serve as guides to be licensed 21. (1) No person shall act, or organized himself, as a tour guide unless he is licensed under this section.
(2) any person who contravenes subsection (1) commits an offence and shall, on conviction, liable to a fine of not more than seven thousand ringgit or to imprisonment for a term not exceeding two years or both, and in the case of a continuing offence, may, in addition, to a fine not exceeding five hundred dollars for each day the offence continues to do.
Express 22. The Commissioner shall cause a register of licensed tour guides are stored and maintained.
22 laws of Malaysia Act 482 applications for licenses and qualifications the applicant 23. (1) any application for a licence under this part shall be made in writing to the Commissioner in such form as may be determined and the application shall contain, or accompanied by, such information and documents as may be prescribed.
(2) No person shall apply to be licensed under this section unless — (a) he has attended courses or training and pass competency tests conducted by the Commissioner or any duly authorized in writing by the Commissioner to conduct a training course and testing efficiency to guide;
(b) he has completed any other courses recognised by the Commissioner as equivalent to a course referred to in paragraph (a); or

(c) is turned out to the Commissioner, with regard to corrective actions will be character, qualifications and experience of such person, that he is competent to be a tour guide.
grant of licence 24. (1) upon receipt of an application under subsection 23 (1), the Commissioner shall consider the application and may, if he is satisfied will the suitability of the applicant and the prescribed fee paid when, giving the license with or without conditions.
(2) the Commissioner shall be recorded the name of every person who has been granted a licence under subsection (1) in the register and issue to that person a card authorisation in such form as may be prescribed.
(3) the Commissioner may refuse to give license to any person without giving any reason therefor.
(4) where the Commissioner refuses to grant the licence, he shall immediately notify the applicant in writing of refusal.
Travel 23Industri the validity of the licence 25. A licence granted by the Commissioner under this section shall, unless revoked earlier, valid for a period not exceeding three years from the date of the license is given.
Card authorisation 26. (1) a card issued to a licensed tourist guide under subsection 24 (2) — (a) shall be worn with bright bilamasa the licensed tourist guide on duty travel, running or when he attended any courses as required under section 27;
(b) cannot be used by any person other than the person to whom the card was issued.
(2) any person who contravenes subsection (1) commits an offence and shall, on conviction, to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding one year or to both.
Obligations imposed on licensed tourist guide 27. (1) a licensed tourist guide shall attend advanced training course and pass the test of advanced proficiency for the tourist guide as required by the Commissioner.
(2) a form of clothing standards as may be prescribed shall be worn by every licensed tour guide when on duty or carry out tourism.
(3) a licensed tourist guide shall comply with a code of a standard as may be prescribed.
24 laws of Malaysia Act 482 the suspension or cancellation of licences 28. (1) where any licensed tourist guide — (a) has made any misrepresentation or has failed to disclose any fact at the time he applied for the license, and misrepresentation or fabrication is not disclose the likely affected the Commissioner for melesenkannya in accordance with section 24;
(b) has failed to attend or complete successfully any advanced training course or pass any test of advanced proficiency as required;
(c) has failed to wear the card authorisation or allow any other person to wear the authorisation card berlanggaran with section 26;
(d) have acted berlanggaran with the provisions of this Act;
(e) has violated any provision of licences imposed under subsection 24 (1) or course of Ethics referred to in subsection 27 (3);
(f) is, in the opinion of the Commissioner, is unable by reason of illness or otherwise to act as a tourist guide;
(g) has not implemented the function of a tourist guide for a continuous period of six months; or (h) has been convicted of any offence involving dishonesty, fraud or moral turpitude, then the Commissioner may suspend the licence granted under section 24 and withdraw the card authorisation for such period as may be specified or cancel the license and cut the name of licensed tour guides from the register or, if the license has been depleted of its tenure, refused to renew the license : provided that the Commissioner shall suspend, cancel or refuse to renew the licence of the licensed tourist guide in any of the circumstances referred to in paragraphs (a) to (g) without first giving the guides concerned an opportunity to be heard.
25Industri Tourism (2) if the Commissioner suspend, cancel or refuse to renew a licence, he shall immediately inform the relevant guide in writing of its decision.
Effect of suspension or revocation of licence 29. (1) any licensed tour guide whose licences have been suspended in accordance with section 28 shall not be within the suspension acting as a tour guide.
(2) any licensed tour guide whose licences have been revoked shall immediately stop acts as a tourist guide in whatever circumstances.
(3) every licensed tourist guide whose licences not renewed or is terminated in accordance with section 28 shall return the licence and authorisation to the Commissioner, subject to section 30, no later than fourteen days from the date of the notice of refusal to renew or cancellation is delivered to him.
(4) any person who contravenes this section commits an offence and shall, on conviction, liable to a fine of not more than seven thousand ringgit or to imprisonment for a term not exceeding two years or both, and in the case of a continuing offence, may, in addition, to a fine not exceeding five hundred dollars for each day the offence continues to do.
The right to appeal 30. (1) any licensed tour guide aggrieved — (a) by the refusal of the Commissioner to renew his/her license; or (b) by the suspension or cancellation of licences under section 28, may appeal in writing to the Minister within fourteen days from the date of the notice of refusal to renew, suspension or cancellation is delivered to him.
26 laws of Malaysia Act 482 (2) the decision of the Minister shall be final and conclusive.
(3) if the Minister confirms the decision of the Commissioner, a licensed tourist guide shall, within seven days from the date of the confirmation, return the licence and authorisation thereof to the Commissioner.
(4) any person who contravenes subsection (3) commits an offence and shall, on conviction, to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding one year or both, and the Court shall retain the licences and the authorisation card and forwarding it to the Commissioner.
surrendering a license and card authorisation 31. A licensed tour guide can surrender his/her license by submitting licence and authorisation to the Commissioner together with a written notice of the surrender and surrender shall come into operation on the date on which the Commissioner receives licences and the authorisation card.
Part iVa REGISTRATION ACCOMMODATION PREMISES premises shall be registered 31A. Any person who carries on or operate premises shall apply to the Commissioner for registration of premises such as premises.
application for registration as a tourist accommodation premises 31b. (1) an application for registration as a premises under this section shall — (a) made to the Commissioner in the prescribed manner; (b) accompanied by the prescribed fee.
27Industri Tourism (2) the Commissioner may, at any time after receiving an application under subsection (1), require, orally or in writing, the applicant produce any documents or additional information.
(3) where any document or additional information required under subsection (2) is not given by the applicant within the time specified in the requirements, the application shall be deemed to have withdrawn and cannot continue further, without prejudice to the right of the applicant to apply for a new one.
The power of the Commissioner to determine the registration 31c. (1) the Commissioner shall, in determining the appropriateness of any premises for registration, take into account — (a) the type of the accommodation premises; (b) the facilities and services provided or offered to tourists; (c) the number and experience of staff employed or to be employed in the accommodation premises; and (d) such other factors as the Commissioner may think fit.
(2) the Commissioner may require an applicant the premises inspected.
(3) if the Commissioner is satisfied as to the suitability of the accommodation premises, the Commissioner shall, on payment of the prescribed fee, register the accommodation premises as tourist accommodation premises.
Express 31d. Commissioner shall keep and maintain a register in such form and containing such information as may be prescribed, in respect of all premises registered.
28 laws of Malaysia Act 482 part V GENERAL 32 licence renewal. (1) every travel undertaking licensed or licensed tourist guide shall submit an application to the Commissioner in such form as may be specified for the renewal of licences at least thirty, but not more than sixty days before the expiration date, the duration of the licence and such application shall be accompanied by any documents and information as may be required by the Commissioner.
(2) the fee prescribed shall be paid when the application is approved.

(3) where any travel undertaking licensed or licensed tourist guides have no intention to renew his/her license, travel undertaking licensed or licensed tourist guide shall advertise his intention that at least thirty days before the expiration of the license period in at least one national daily newspaper bahasa Malaysia and English for at least three days in a row.
(4) without prejudice to any other reasons, the Commissioner may refuse to renew a licence if the requirements of subsection (1) is not complied with.
License lost 33. (1) If a licensed tourism undertaking has lost his/her license, it shall immediately notify the Commissioner in writing of the loss.
(2) If a licensed tourist guide was missing license or card authorisation, he shall immediately notify the Commissioner in writing of the loss.
29Industri Tourism (3) travel Undertaking licensed or licensed tourist guide shall submit an application for a licence or authorisation card replacement, as the case may be, accompanied with all the information and documents as may be required by the Commissioner together with the prescribed fee may be charged.
Power of Minister to make regulations 34. (1) the Minister may make such regulations as he may deem expedient for the purposes of this Act.
(2) without prejudice to the generality of subsection (1), regulations may be made for any of the purposes or the following matters: (a) designation of documents and information to participate in any application for a licence; (b) the duration and conditions of the licence, and the manner and procedure for renewal must; (c) the fees payable for any licence and any other fees required to be prescribed under this Act; (ca) the purchase of an insurance policy, by licensed tour operators, or the making of deposits in cash or bank guarantee to the Commissioner;
(d) procedures for entry and inspection of premises; (e) storage of books, accounts and records accordingly by the travel undertaking licensed and shape and how;
(f) the regulation of the establishment and management of tourism training institutions, including the determination of the content of courses and training programs, books or materials to be used, the standards to be observed by the institution, the granting of a permit by the Commissioner for lecturer and instructor, lecturer and instructor qualifications, examinations will be held and certification or any other credentials to be given;
(g) an offence is compounded and procedure for can compound such offences;
30 laws of Malaysia Act 482 (h) the form of register, notice or order required to be kept, issued or made under this Act and the procedures for the delivery of such notice or order;
(ha) to provide for classification and reclassification of tourist accommodation premises and grading of the premises by the Commissioner;
(i) conduct or the conduct of any business or services relating to the travel undertaking or tourist guides and performance standards to be maintained by them and the granting of the exemption by the Commissioner to any travel undertaking or tourist guide from any requirement imposed by regulations made under this paragraph; and (j) any other matters required by this Act to be prescribed.
Obligation of confidentiality 35. (1) except for the purposes of this Act, no person shall have access to any records, books, registers, letters, information, documents or any other material obtained in accordance with the provisions of this Act may disclose records, books, registers, letters, information, documents or other materials to any other person.
(2) any person who contravenes subsection (1) commits an offence and shall, on conviction, to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding two years or to both.
Declaration is not accurate, etc.
36. Any person who makes, orally or in writing, sign or giving any declaration, statement, recommendation or other document or information required by the Act is incorrect, inaccurate or misleading 31Industri Tourism in such particulars commits an offence and shall, on conviction, to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three years or to both.
General penalty 37. Any person who fails to comply with or contravenes any of the provisions of this Act which no specific penalty is provided expressly for him commits an offence and shall, on conviction, to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three years or both of each, and in the case of a continuing offence, may, in addition, to a fine not exceeding five hundred dollars for each day the offence continues to do.
Liability of Directors, etc.
38. (1) where an offence under this Act has been committed by a company, any person that at the time of the offence was a Director, Manager, Secretary or other officer of the company or to be acting upon such property, commits an offence and is punishable accordingly unless he proves that the offence was committed without the consent or pembiarannya and that he has undertaken every effort to prevent the Commission of the offence as he ought to be carried out by him as to the type of functions on the property and to all the circumstances.
(2) any person who is likely to be found guilty of an offence if he himself who was doing or not doing a thing commits an offence and shall be liable to the same penalty as if the matter were to be done or omitted by an officer, agent or pekhidmatnya in the course of his business unless he proves that it was committed without his knowledge or consent and that he took all reasonable steps to prevent the Commission of or omission to do so.
32 laws of Malaysia Act 482 (3) no nothing in subsection (2) may release any officer, agent or such servants of any liability for errors.
Power to compound offences 39. (1) the Commissioner may compound any offence under this Act may be prescribed as an offence can require someone who with compound with its reasonable suspected of having committed the offence to pay a sum of money not exceeding fifty per cent of the amount of the maximum fine that may be imposed on that person if he or she has been convicted of the offence.
(2) an offer under subsection (1) may be made at any time after the offence committed but before any prosecution for him started, and if the amount specified in the offer is not paid within the time specified, or within such further period of time given by the Commissioner, a prosecution for the offence may be commenced at any time after that to the person to whom the offer is made.
(3) If an offence has been compounded under subsection (1), no prosecution can then started in respect of the offence against a person to whom an offer to compound the offence made.
authorized officers 40. (1) the Minister may authorize in writing any public officer to exercise the powers of enforcement under this Act.
(2) any such officer shall be deemed to be a public servants within the meaning of the Penal Code [Act 574].
(3) in the exercise of any powers of enforcement under this Act, a person authorized officers shall, when requested, submit to the person against whom he is acting a letter of authorization issued by the Minister.
33Industri Tourism Authority to investigate 41. In any case relating to the Commission of an offence under this Act, any officer authorized making investigation can perform all or any of the special powers in relation to a police investigation in the case can capture provided by the criminal procedure code [Act 593].
The authority to examine witness 42. (1) any authorized officer making an investigation under this Act may examine orally any person that people were aware of the facts and circumstances of the case and shall amend any statement made by the person examined to in writing.
(2) such person shall be bound to answer all questions asked to him by such officer relating to the case: provided that such person may refuse to answer any question that the answer is likely to expose him to a criminal charge or penalty forfeiture.
(3) a person who makes a statement under this section shall be legally bound to state the truth, whether or not the statement was made in whole or in part to answer questions.
(4) an authorized officer examining a person under subsection (1) shall notify the person of the previous subsection (2) and (3).

(5) a statement made by any person under this section shall, bilamasa necessary, reduced to writing and signed by the person making it or affixed with cap ibujarinya, as the case may be, after a statement in writing that read out to him in the language used at the time he made the statement after he was given the opportunity to make any corrections he wanted.
34 the laws of Malaysia Act 482 Admissibility statements 43. Notwithstanding the provisions of any written law to the contrary, if a person is charged with an offence under this Act, any statement, whether the statement becomes a confessions or not or whether it's in the form of oral or written, made at any time, whether before or after the person charged with and whether or not in the course of an investigation under this Act or not and whether or not wholly or partly in answer to the question , by the person to the hearing officer or authorized and whether or not translated to him by an authorized officer or any other person concerned or not in that case, shall be acceptable in his trial in evidence and, if the person submitting himself as a witness, any such statement can be used in cross-examination and for the purpose of challenging credibility : provided that — (a) no such statement can be an acceptable or used as mentioned earlier — (i) if it appears to the Court that the making of the statement has been caused by any inducement, threat or promise that has to do with the charge against the person that comes from people who have power and sufficient in the opinion of the Court to give to the person charged with the reason that it appears to him reasonable for menyangkakan that by making the statement he will earn any disadvantages of the mundane has to do with proceedings against him that; or (ii) in the case of a statement made by that person after arrest, unless the Court is satisfied that he has been warned in the following words or words to that effect: "it is my duty to warn you that you are not obliged to say anything whatsoever or to answer Travel 35Industri any question, but anything you say , whether as an answer to a question or not, may be given in evidence. "; and (b) a statement made by any person before there is time to warned him not to be receivable in evidence solely because he had not been warned if he be warned as soon as possible.
search with warrant 44. (1) Bilamasa it appears to any Magistrate based on the written information on oath and after any investigation it considers necessary that there is reasonable cause to believe that an offence against this Act is taking place in any premises or place, the Magistrate may issue a warrant empowering any authorized officers, during the day or night and with or without assistance, enter the premises or place and search and seize or take copies of all books , accounts, or other document containing or suspected of containing information about any suspected offences have been committed or about any other thing in relation to that offence.
(2) any such officer may if required to do so — (a) break any external door or door in any premises or place, and entered into the premises or that place;
(b) by force, entering the premises or place and every part thereof;
(c) remove by force any obstruction to the entry, search, seizure and removal as he is empowered to menguatkuasakannya;
36 laws of Malaysia Act 482 (d) detain every person found in the premises or that place until the premises or place has been searched; and (e) where the premises or place is used for the conduct of or operating a travel undertaking without a licence, melakkan premises or that place.
search without warrant 45. Bilamasa it appears to any authorized officers that there is reasonable cause to believe any books, accounts or other documents suspected to contain information about the treatment of an offence under this Act or any other thing in relation to that offence is hidden or stored in any premises or place if he has reason to believe that by reason of delay to get a search warrant books , account, document or other thing that is likely to be moved, then the officer can perform in, on or in respect of the premises or that place all the powers referred to in section 44 in such manner as fully and adequately as if he has been authorized to do so by a warrant issued under that section.
List of things seized 46. (1) authorized officers who seize any book, account, document or other thing under this Act shall prepare a list of the books, accounts, documents or other things seized and promptly send a copy of the list by him to the occupants or the agent or servants of the occupants present at the premises or place of seizure.
(2) the list referred to in subsection (1) shall not be counted as a statement, declaration or confessions made by the occupant or agent or pekhidmatnya in the course of the investigation and shall be admissible in evidence.
Travel extra power 37Industri 47. Any officer authorized shall, for the purposes of implementing this Act, have power to do all or any of the following: (a) require the production of records, accounts and documents kept by a travel undertaking licensed or licensed tourist guide and to review, inspect and copy any record, account or document;
(b) require the production of any document identification of any person in relation to any matters or of an offence under this Act;
(c) make such investigations as are necessary to determine whether the provisions of this Act are complied with.
Search restrictions, etc.
48. Any person who — (a) invade, prevent, menggalang or delay any officer authorised in enforcing any entry shall be entitled by them under this Act, or in performing any duty imposed or power conferred by this Act;
(b) break any lak installed in any premises or place by an authorized officer;
(c) fails to comply with any valid claim made by an authorized officer in performing his duties under this Act; or (d) refuse or ignore provide any information reasonably required of it and all that is in his power to give, commits an offence.
conduct of prosecution 49. Every authorized officer shall have power to attend court and conduct any prosecution in respect of any offence against this Act.
38 the laws of Malaysia Act 482 laws of MALAYSIA Act 482 tourism industry Act 1992 LIST AMENDMENT law short title force amend from Travel Industry Act A1037 Act 01-12-1998 (Amendment) 1998 Act A1153 tourism industry Act 01-04-2003 (Amendment) 2002 39Industri Tourism laws of MALAYSIA Act 482 tourism industry Act 1992 LIST SECTION AMENDED Section Power amend with effect from 2 Act A1153 01-04-2003 3 Act A1153 01-04-2003 5 Act A1153 01-04-2003 16 Act A1037 01-12-1998 25 Act A1037 01-12-1998 31a-31d A1153 Act 01-04-2003 34 Act A1037 01-12-1998 Act A1153 01-04-2003 40 Act A1037 01-12-1998