TOURISM INDUSTRY ACT 1992

TOURISM INDUSTRY ACT 1992 • The Act provides for the licensing and regulation of tourism enterprises and matters relating to such regulation and licensing.

• “tourism enterprise” means— (a) any tour operating business; (b) any travel agency business; or (c) any business of providing tourism training institutions

TOURISM INDUSTRY ACT 1992 • “tour operating businessâ€? means any business of providing all or any of the following services: a) arranging for sale or commission any transportation, accommodation, tour services or any other incidental services for tourists within or outside Malaysia; b) organizing or conducting for sale or commission inbound or outbound tours; c) providing conveyances for hire to tourists; d) any other services incidental to any of the services enumerated above.

TOURISM INDUSTRY ACT 1992 • “travel agency businessâ€? means any business of providing all or any of the following services: (a) selling, arranging or making available for commission, tickets entitling a person to travel on any conveyance either by land, sea or air; (b) selling, arranging or making available for commission, accommodation places within Malaysia or outside Malaysia; (c) any other services incidental to any of the services enumerated above.

TOURISM INDUSTRY ACT 1992 • “tourism training institution” means a) an institution, centre or school that provides training or courses in respect of tourism services and management, including hotel and catering services; and b) has been designated by the Minister under section 3 as a tourism training institution

Section 5 All tourism enterprises (travel agents and tour operators) must be licensed, failure of which will render the person guilty of an offence and shall, on conviction, be liable - to a fine not exceeding RM50,000 or - to imprisonment for a term not exceeding five years or to both, - and in the case of a continuing offence, shall in addition, be liable to a daily fine not exceeding RM5000 for each day the offence continues to be committed [s.5(3)].

OTHER PROVISIONS… • Section 6 – application must be made in writing • Section 7 – granting of a licence; refusal of licence must be made in writing.

• Section 9 – right to appeal

Section 8 revocation of licence The Commissioner of Tourism may revoke the licence on the following grounds: -

Failure to comply with obligations under the Act

Failure to comply with conditions of the licensing

Supplying false, misleading & inaccurate information/document/statement to the Comm.

Grounds for revocation of licence continued‌ Carrying biz prejudicially to the interest of the public, the tourism industry or to the national economy

the licensed tourism enterprise has not transacted any business in respect of which it is licensed for any continuous period of six months or has ceased to carry on any of the businesses or operations for which it is licensed; the licensed tourism enterprise has insufficient assets to meet its liabilities;

Grounds for revocation of licence continued‌ Is ordered to be wound up by the court the licensed tourism enterprise or any of its officers holding a managerial or executive position has been convicted of any offence involving dishonesty, fraud or moral turpitude; or

the licensed tourism enterprise or its director, manager or controller has been convicted of any offence under this Act

PART III – REQUIREMENTS AND DUTIES ON LICENSED TOURISM ENTERPRISES • • • • • •

Section 14 – requirement to display licence Section 15 – duty to submit info Section 17 – notification of change of info Section 18 – requirement of advertisement Section 19 – must hire only licensed tourist guides Section 20 – must use only permitted licensed excursion vehicles

PART IV – LICENSING OF A TOURIST GUIDE • Section 21 – all tourist guides must be licensed, if not shall be guilty and face: (i) a fine not exceeding RM7000 (ii) imprisonment for 2 years (iii) both (iv) additional fine of RM500 for each day the offence continued to be committed.

Section 23 – application & qualification for a tourist guide • s.23(1) – application must be made in writing to the Commissioner • s.23(2) – the applicant must have:a) undergone a course or courses of training and b) passed the tests of proficiency; or c) has completed any other course recognized by the Commissioner; or d) in the opinion of the Commissioner, he is competent with due regard to his character, qualifications and experience.

• Section 25 – licence is valid for 3 years from date it is granted.

• Section 26 – must wear authorisation card conspicuously all the time while on duty, conduct trainings or attend courses. If not, shall be liable to pay RM5000 fine or be imprisoned for not more than one year or both.

• Section 27 – duties of a tourist guide: 1) must attend further courses as required by the Commissioner 2) comply with the standard form of dressing 3) comply with a standard code of ethics as may be prescribed.

Section 28 – grounds for suspension or revocation of licence of a tourist guide a) has made any misrepresentation or has failed to disclose any fact at the time of applying for a licence, and such misrepresentation or nondisclosure would have influenced the Commissioner to license him in pursuance of section 24; b) has failed to attend or successfully complete such further courses of training or pass such further tests of proficiency as may be required; c) has failed to wear the authorization card or has allowed any other person to wear the authorization card in contravention of section 26; d) has acted in contravention of the provisions of this Act;

Grounds for suspension/revocation of licence continued‌ e) has contravened any of the conditions of his licence imposed under subsection 24(1) or the code of ethics referred to in subsection 27(3); f) is, in the opinion of the Commissioner, incapable by reason of illness or otherwise of acting as a tourist guide; g) has not performed the functions 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

PART IVA- REGISTRATION OF ACCOMMODATION PREMISES • Section 31A – accommodation premises must be registered • Section 31B – application must be in the prescribed manner (in writing) and accompanied with prescribed fee

Section 31C – Commissioner has power to determine whether the premise is suitable to be registered or not, taking into account :-

a) the description 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 at the accommodation premises; and d) any other factors as the Commissioner thinks fit.