New South Wales Bills New South Wales Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Combat Sports Bill 2008
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Definitions 2
4 Determination of certain events to be professional combat
sport contests 4
Part 2 Registration of combatants
Division 1 Registration
5 Requirement for registration--offence for unregistered
persons 6
6 Requirement for registration in a prescribed class--
disciplinary breach for registered persons 6
7 Prescribed classes of combatants 6
8 Application for registration 6
b2007-107-01.d04a
Combat Sports Bill 2008
Contents
Page
9 Determination of application 7
10 Conditions on or during registration 7
11 Duration of registration 8
12 Annual returns by registered combatants 8
13 Fines, suspension and other sanctions 9
14 Conditions, suspension or cancellation--health or safety 11
15 Effect of suspension 12
16 Lifting of suspension 12
17 Register 12
Division 2 Medical record books and cards
18 Issue of medical record books and cards 13
19 Provisions relating to medical record books and cards 13
Part 3 Registration of industry participants
20 Requirement for registration--offence for unregistered
persons 14
21 Requirement for registration in a prescribed class--
disciplinary breach for registered persons 14
22 Prescribed classes of industry participants 14
23 Application for registration 14
24 Determination of application 14
25 Conditions to be satisfied before registration 15
26 Conditions on or during registration 15
27 Duration of registration 16
28 Annual returns by registered industry participants 16
29 Fines, suspension and other sanctions 16
30 Effect of suspension 18
31 Lifting of suspension 18
32 Register 19
Part 4 Professional combat sport contests
Division 1 Permit to promote professional combat sport
contest
33 Division applies to single and multiple contests 20
34 Requirement for permit 20
35 Application for permit 20
36 Determination of application 20
37 Notification of permit to Commissioner of Police 21
Division 2 General regulation of professional combat
sport contests
38 Conduct of professional combat sport contests 21
Contents page 2
Combat Sports Bill 2008
Contents
Page
Division 3 Health and safety of combatants at
professional combat sport contests
39 Medical examination organised by combatant 21
40 Medical examination directed by Authority 22
41 Functions of examining medical practitioner 23
42 Unfit combatant not to engage in contests or sparring 24
43 Obligation of promoter--medical examination of combatant 24
44 Obligation of promoter--examination of medical record
book 25
45 Obligation of promoter--unfit combatant 25
46 Combatant to submit to medical examination after contest 25
47 Obligation of promoter--combatant rendered unconscious
or unable to submit to examination by examining medical
practitioner 25
48 Functions of medical practitioner after contest 26
49 Combatant not to engage in further contests or sparring 26
Division 4 Record of professional combat sport contest
50 Contest result sheet 27
51 Forwarding of contest result sheet 27
Division 5 Prohibition of professional combat sport
contests at certain places
52 Professional combat sport contests prohibited at certain
places 27
Part 5 Amateur combat sport contests, and amateur and
professional wrestling contests
53 Application of Part 28
54 Permit required for amateur combat sport contests or
wrestling contests 28
55 Application for permit 29
56 Determination of application 29
Part 6 Disqualification
57 Disqualification 30
58 Effect of disqualification 31
Part 7 Review by Administrative Decisions Tribunal
59 Review of decisions by Administrative Decisions Tribunal 32
Part 8 Combat Sports Authority
60 Combat Sports Authority 33
Contents page 3
Combat Sports Bill 2008
Contents
Page
Part 9 Miscellaneous
61 Appointment of combat sport inspectors and exercise of
inspectorial powers by others 34
62 Delegation 34
63 Service of documents 34
64 Recovery of fines, fees or other money by Authority 35
65 Evidence 35
66 Proof of certain matters not required 36
67 Liability of members and others 36
68 Supply of information 36
69 Exemptions for persons not resident in the State 37
70 Offences by corporations 37
71 Nature of proceedings for offences 37
72 Approved forms 38
73 Regulations 38
74 Rules 38
75 Repeal of Boxing and Wrestling Control Act 1986 No 11 40
76 Amendments 40
77 Savings and transitional provisions 40
78 Review of Act 40
Schedule 1 Constitution and procedure of the Authority 41
Schedule 2 Amendments 46
Schedule 3 Savings and transitional provisions 47
Contents page 4
New South Wales
Combat Sports Bill 2008
No , 2008
A Bill for
An Act to regulate the conduct of professional combat sports; to regulate the conduct
of wrestling and amateur combat sport contests; to constitute the Combat Sports
Authority of New South Wales and to define its functions; to repeal the Boxing and
Wrestling Control Act 1986; and for other purposes.
Clause 1 Combat Sports Bill 2008
Part 1 Preliminary
The Legislature of New South Wales enacts: 1
Part 1 Preliminary 2
1 Name of Act 3
This Act is the Combat Sports Act 2008. 4
2 Commencement 5
This Act commences on a day or days to be appointed by proclamation. 6
3 Definitions (cf 1986 Act s3) 7
(1) In this Act: 8
amateur combat sport contest means a contest, display or exhibition of 9
a combat sport other than a professional combat sport contest. 10
approved form means a form approved under section 72 by the Minister 11
or the Minister's delegate. 12
Authority means the Combat Sports Authority of New South Wales 13
constituted by this Act. 14
combat sport means any of the following or a combination of any of the 15
following: 16
(a) boxing (or fist fighting) in any of its styles, 17
(b) kick boxing in any of its styles, 18
(c) any sport, martial art or activity in which each contestant in a 19
contest, display or exhibition of that sport, art or activity is 20
required to strike, kick, hit, grapple with, throw or punch one or 21
more other contestants and that is prescribed by the regulations, 22
(d) sparring in any category covered in paragraph (a)(c), except to 23
the extent prescribed by the regulations. 24
combat sport inspector means a person appointed by the Authority as a 25
combat sport inspector for the purposes of this Act. 26
Note. Section 61 provides for the authorisation of members of the Authority or 27
police officers to exercise functions of, and to be taken to be, combat sport 28
inspectors (subject to any limitations referred to in that section). 29
combat sport official means a person appointed by the Authority to 30
officiate at combat sport contests. 31
combatant means a person who engages in a combat sport as a 32
contestant in professional combat sport contests. 33
Department means the Department of the Arts, Sport and Recreation. 34
disciplinary breach--see sections 13 and 29. 35
exercise a function includes perform a duty. 36
Page 2
Combat Sports Bill 2008 Clause 3
Preliminary Part 1
fighting means engaging in a combat sport as a combatant. 1
fine: 2
(a) in relation to a disciplinary breach by a combatant--see section 3
13, and 4
(b) in relation to a disciplinary breach by an industry participant-- 5
see section 29. 6
function includes a power, authority and duty. 7
industry participant means a person who, otherwise than as a 8
combatant, engages in or is employed in any profession, occupation or 9
business, whether on a full-time, part-time or casual basis, and whether 10
or not the person receives any payment or other consideration, in 11
relation to a combat sport, and (without limitation) includes the 12
following: 13
(a) a promoter, being any person who promotes a professional 14
combat sport contest, 15
(b) a match-maker, being a person who acts on behalf of a promoter 16
to arrange professional contests between particular combatants, 17
(c) a manager, being a person who undertakes to represent the 18
interests of a combatant in procuring or arranging the conduct of 19
any professional combat sport contest in which the combatant is 20
a contestant or who directs or controls the professional combat 21
sport activities of any combatant, 22
(d) a trainer, being a person who supervises the training or 23
instruction of a combatant or who accompanies a combatant into 24
the ring or onto the contest arena to give advice or assistance 25
during a professional combat sport contest, 26
(e) a second, being a person who assists a combatant as advised by a 27
trainer and who assists a trainer in the preparation of combatants, 28
(f) a judge, being a person who determines the points scored by each 29
combatant in a professional combat sport contest, 30
(g) a referee, being a person who enforces the rules relating to a 31
combat sport during a professional combat sport contest, 32
(h) a timekeeper, being a person who regulates the number and 33
length of rounds, and the interval between rounds, of a 34
professional combat sport contest. 35
prescribed class--see sections 7 and 22. 36
professional combat sport contest means: 37
(a) a contest, display or exhibition of a combat sport between 38
combatants for a monetary prize or other reward in money or 39
money's worth, or 40
Page 3
Clause 4 Combat Sports Bill 2008
Part 1 Preliminary
(b) a contest, display or exhibition of a combat sport between persons 1
otherwise than for a monetary prize or other reward in money or 2
money's worth, where: 3
(i) at least one of the combatants has at any time been a 4
combatant in a contest, display or exhibition that is 5
referred to in paragraph (a) (the earlier event), and 6
(ii) the combat sport involved in the earlier event was, at the 7
time of the earlier event, within the definition of combat 8
sport, or 9
(c) a contest, display or exhibition of a combat sport between 10
combatants for gain or reward, in respect of which the Authority 11
has made a determination under section 4, or 12
(d) an event of a class or description prescribed by the regulations, 13
but does not include: 14
(e) sparring if it is not for public entertainment, or 15
(f) an event of a class or description excepted by the regulations. 16
promote includes arrange or hold. 17
registered means registered under this Act. 18
unregistered person means a person who is not registered under this 19
Act. 20
wrestling contest means a contest, display or exhibition of wrestling, 21
whether or not for a monetary prize or other reward. 22
(2) A sport, martial art or activity may be prescribed by the regulations for 23
the purposes of paragraph (c) of the definition of combat sport even if 24
it is or may be in a category covered in paragraph (a) or (b) of that 25
definition. 26
(3) An event may be prescribed by the regulations for the purposes of 27
paragraph (d) of the definition of professional combat sport contest 28
even if it is or may be in a category covered in another paragraph of that 29
definition. 30
(4) Notes included in this Act do not form part of this Act. 31
Note. A reference in this Act to the 1986 Act is a reference to the Boxing and 32
Wrestling Control Act 1986, which is repealed by this Act. 33
4 Determination of certain events to be professional combat sport 34
contests 35
(1) This section has effect for the purposes of paragraph (c) of the definition 36
of professional combat sport contest in section 3 (1). 37
Page 4
Combat Sports Bill 2008 Clause 4
Preliminary Part 1
(2) The Authority may, having regard to any information available to it, 1
determine that a proposed or advertised contest, display or exhibition of 2
a combat sport is to be treated as a professional combat sport contest for 3
the purposes of this Act. 4
(3) The Authority must not make a determination unless the Authority: 5
(a) believes or suspects that the contest, display or exhibition is for 6
gain or reward, and 7
(b) is of the opinion that it is desirable to make the determination to 8
protect the health and safety of any of the combatants, whether or 9
not there is any relevant information available to the Authority 10
concerning health and safety issues. 11
(4) A determination has no effect if it is made after the time prescribed by 12
the regulations before the start of the contest, display or exhibition. 13
(5) A determination has no effect unless, before the prescribed time before 14
the start of the contest, display or exhibition, notice of its terms is either: 15
(a) published in a newspaper circulating generally in the State, or 16
(b) served on a promoter of the contest, display or exhibition, 17
or both. 18
(6) The Authority may amend or revoke a determination. 19
(7) A contest, display or exhibition of a combat sport may be the subject of 20
a determination even if it is or may be in a category covered in another 21
paragraph of the definition of professional combat sport contest. 22
Page 5
Clause 5 Combat Sports Bill 2008
Part 2 Registration of combatants
Part 2 Registration of combatants 1
Division 1 Registration 2
5 Requirement for registration--offence for unregistered persons (cf 1986 3
Act s15) 4
A person must not engage in a professional combat sport contest as a 5
combatant if the person is not registered as a combatant of at least one 6
prescribed class. 7
Maximum penalty: 10 penalty units or imprisonment for 6 months, or 8
both. 9
6 Requirement for registration in a prescribed class--disciplinary breach 10
for registered persons (cf 1986 Act s15) 11
(1) A registered combatant must not engage in a professional combat sport 12
contest as a combatant of a prescribed class if the registered combatant 13
is not registered as a combatant of that class. 14
(2) A contravention of subsection (1) is a disciplinary breach attracting a 15
fine. 16
7 Prescribed classes of combatants (cf 1986 Act s6) 17
(1) For the purpose of registering combatants, classes of combatants may 18
be prescribed by the regulations according to the style of fighting 19
involved. 20
(2) Without limiting subsection (1), a class of combatants may be 21
prescribed by reference to: 22
(a) the style of fighting of which the combat sport concerned 23
consists, or 24
(b) a style of fighting included in the combat sport concerned, or 25
(c) all styles of fighting other than specified styles. 26
(3) A reference in this Act to a prescribed class of combatants is a reference 27
to a class prescribed by the regulations under subsection (1). 28
8 Application for registration (cf 1986 Act s8) 29
(1) A person of or above the age of 18 years may make an application to the 30
Authority to be registered as a combatant of a prescribed class. 31
(2) An application must be: 32
(a) in or to the effect of the approved form, and 33
(b) accompanied by: 34
Page 6
Combat Sports Bill 2008 Clause 9
Registration of combatants Part 2
(i) a certificate of fitness for participating in a combat sport of 1
the class in respect of which registration is sought, being a 2
certificate in or to the effect of the approved form that has 3
been given by a medical practitioner not more than 7 days 4
before the date on which the application is made, and 5
(ii) the fee prescribed by the regulations. 6
9 Determination of application (cf 1986 Act s9) 7
(1) On receipt by the Authority of an application made by a person of or 8
above the age of 18 years under section 8: 9
(a) where the Authority is satisfied that: 10
(i) the application complies with the requirements of 11
section 8 (2), and 12
(ii) the applicant is a fit and proper person to be registered as a 13
combatant of the prescribed class in respect of which the 14
registration is sought, and 15
(iii) in the case of a subsequent application referred to in 16
section 13 (6) or 29 (6)--the applicant has complied with 17
any conditions imposed under either subsection in relation 18
to the applicant's registration as a combatant, 19
the Authority: 20
(iv) must register the applicant as a combatant of the relevant 21
class, and 22
(v) if, in the opinion of the Authority, it is in the interests of 23
the health or safety of the applicant to be registered for a 24
limited time, may register the applicant for a specified 25
period, or 26
(b) where it is not so satisfied, the Authority must refuse to register 27
the applicant as such a combatant. 28
(2) The Authority must give notice to an applicant, in writing, of the 29
applicant's registration as a combatant of a prescribed class or of the 30
refusal of the Authority to so register the applicant, as the case may be, 31
within 7 days after the date of registration or refusal of registration. 32
(3) Where the Authority refuses to register an applicant as a combatant on 33
the ground that the applicant is not a fit and proper person to be so 34
registered, the Authority must, in the notice under subsection (2), so 35
inform the applicant. 36
10 Conditions on or during registration 37
(1) The Authority may register a combatant: 38
(a) unconditionally, or 39
Page 7
Clause 11 Combat Sports Bill 2008
Part 2 Registration of combatants
(b) subject to conditions of either or both of the following kinds: 1
(i) conditions determined by the Authority to help protect the 2
combatant's health and safety, 3
(ii) conditions prescribed by the regulations or of a kind 4
prescribed by the regulations. 5
(2) A condition may be imposed: 6
(a) at the time of registration, or 7
(b) during the currency of registration, subject to any applicable 8
requirements of section 13. 9
(3) A person who is a registered combatant must comply with any 10
conditions to which the person's registration is subject. 11
(4) A contravention of subsection (3) is a disciplinary breach attracting a 12
fine. 13
(5) This section does not limit any other power of the Authority under this 14
Act to impose conditions. 15
11 Duration of registration (cf 1986 Act s10) 16
(1) The registration of a combatant remains in force: 17
(a) except as provided by paragraph (b)--indefinitely, or 18
(b) where the registration is for a fixed period--for the period 19
currently fixed under this Part (see sections 9 and 13), 20
unless the registration is sooner cancelled. 21
(2) A person whose registration as a combatant is for a fixed period may, if 22
otherwise eligible, apply under section 8 for further registration after the 23
fixed period or within a period during the fixed period prescribed by the 24
regulations. 25
12 Annual returns by registered combatants (cf 1986 Act s12) 26
(1) In order to avoid suspension of registration, a person registered as a 27
combatant of a prescribed class must, not earlier than 56 days and not 28
later than 21 days before 31 December in each year, forward an annual 29
return to the Authority. 30
(2) An annual return must be: 31
(a) in or to the effect of the approved form, and 32
(b) accompanied by: 33
(i) a certificate of fitness for participating in a combat sport of 34
the class in respect of which the person making the return 35
is registered, being a certificate in or to the effect of the 36
Page 8
Combat Sports Bill 2008 Clause 13
Registration of combatants Part 2
approved form that has been given by a medical 1
practitioner not more than 7 days before the date on which 2
the return is forwarded, and 3
(ii) the fee prescribed by the regulations. 4
(3) The Authority may, in accordance with section 13, suspend the 5
registration of a combatant if: 6
(a) an annual return is not made and forwarded as required by this 7
section, or 8
(b) the annual return is not accompanied by the certificate of fitness 9
or prescribed fee. 10
(4) Subsection (1) does not apply in a year to a person whose registration is 11
for a fixed period and the fixed period ends on or before 31 December 12
in that year. 13
13 Fines, suspension and other sanctions (cf 1986 Act s11(1)(3)) 14
(1) Definition 15
In this section: 16
disciplinary breach by a registered combatant means a contravention of 17
this Act, the regulations or the rules by the registered combatant 18
(whether or not the contravention is declared to be a disciplinary breach 19
attracting a fine), but does not include a contravention of a kind 20
prescribed by the regulations. 21
(2) Circumstances in which action may be taken 22
The Authority may take action under this section in respect of registered 23
combatants in connection with: 24
(a) disciplinary breaches by registered combatants, or 25
(b) the health and safety of registered combatants, or 26
(c) other matters that the Authority considers should be dealt with 27
under this section. 28
(3) Show cause notice 29
The Authority may, by notice in writing served on a person who is a 30
registered combatant, require the person to show cause, by a date and 31
time specified in the notice (being a date not less than 14 days after the 32
date of service of the notice) for any one or more of the following: 33
(a) why the person should not pay a fine of a specified amount for a 34
disciplinary breach attracting a fine, 35
(b) why a condition should not be imposed on the person's 36
registration, 37
Page 9
Clause 13 Combat Sports Bill 2008
Part 2 Registration of combatants
(c) why the person's registration should not be suspended, 1
(d) why the person's registration should not be cancelled, 2
(e) why the person's registration should not be for a fixed period, 3
(f) where the person's registration is already for a fixed period, why 4
that period should not be reduced. 5
The notice must specify the grounds on which the action is proposed to 6
be taken. 7
(4) Action if sufficient cause not shown 8
If, by the date and time referred to in the notice under subsection (3), a 9
person has not shown sufficient cause as referred to in that subsection, 10
the Authority may, by order in writing, do any one or more of the 11
following (whether or not the action was that mentioned in the notice): 12
(a) impose a fine of a specified amount for a disciplinary breach 13
attracting a fine, 14
(b) impose a condition on the person's registration, 15
(c) suspend the person's registration, 16
(d) cancel the person's registration, 17
(e) fix a period of registration of such duration as the Authority 18
thinks fit where there is not an existing period of registration, 19
(f) reduce an existing period of registration by a period of such 20
duration as the Authority thinks fit. 21
(5) Conditions for suspension to be lifted 22
If a person's registration is suspended, the Authority may impose such 23
conditions as it thinks fit with which the person must comply before 24
consideration is given to lifting the suspension. 25
(6) Conditions for re-registration after cancellation 26
If a person's registration is cancelled, the Authority may impose such 27
conditions as it thinks fit with which the person must comply before any 28
subsequent application by the person for registration as a combatant or 29
industry participant may be dealt with under this Act. 30
(7) Notice of action taken 31
The Authority must, within 7 days of taking action under subsection (4) 32
against a person, give the person written notice of the action taken and 33
of any conditions imposed under subsection (5) or (6). 34
Page 10
Combat Sports Bill 2008 Clause 14
Registration of combatants Part 2
(8) Amount of fine 1
The amount of a fine is such amount as the Authority determines but not 2
exceeding: 3
(a) an amount equivalent to 50 penalty units, unless paragraph (b) 4
applies, or 5
(b) a lower amount prescribed by the regulations. 6
(9) Limitations may be prescribed 7
The regulations may provide that: 8
(a) action, or particular action, may only be taken under this section 9
in specified circumstances, or 10
(b) action, or particular action, may not be taken under this section in 11
specified circumstances. 12
14 Conditions, suspension or cancellation--health or safety (cf 1986 Act 13
ss11(4) and (5), 16) 14
(1) The Authority may, if it is of the opinion that it is in the interests of the 15
health or safety of a person who is registered as a combatant to do so 16
otherwise than in accordance with section 13, by notice in writing 17
served on the person: 18
(a) impose conditions on the person's registration as a combatant of 19
any prescribed class, or 20
(b) suspend the person's registration as a combatant of any 21
prescribed class, or 22
(c) cancel the person's registration as a combatant of any prescribed 23
class. 24
(2) A notice under subsection (1) takes effect from the date of service of the 25
notice on the person or a later date specified in the notice. 26
(3) A person must not engage in sparring in a particular style of fighting at 27
any time during which the person's registration as a combatant of the 28
prescribed class that is appropriate to that style of fighting is cancelled 29
under this section. 30
Maximum penalty: 10 penalty units or imprisonment for 6 months, or 31
both. 32
(4) A person must not engage in sparring in a particular style of fighting at 33
any time during which the person's registration as a combatant of the 34
prescribed class that is appropriate to that style of fighting is suspended 35
under this section. 36
(5) A contravention of subsection (4) is a disciplinary breach attracting a 37
fine. 38
Page 11
Clause 15 Combat Sports Bill 2008
Part 2 Registration of combatants
15 Effect of suspension 1
(1) If a person's registration as a combatant of a prescribed class is 2
suspended, the person must not engage in a professional combat sport 3
contest as a combatant of that class while the suspension continues. 4
(2) A contravention of subsection (1) is a disciplinary breach attracting a 5
fine. 6
(3) The person's registration as a combatant is not otherwise affected by the 7
suspension. 8
16 Lifting of suspension 9
(1) The Authority may lift the suspension of a person's registration as a 10
combatant if satisfied that it is appropriate to do so. 11
(2) Before lifting the suspension of a person's registration, the Authority 12
may require the person to pay either or both of the following: 13
(a) the fee prescribed by the regulations, 14
(b) the whole or a specified part of any outstanding annual fees. 15
17 Register (cf 1986 Act ss7(1), 11(6)) 16
(1) The Authority must keep a register of combatants, in which are to be 17
recorded: 18
(a) the names and addresses of persons who are registered as 19
combatants, and 20
(b) the prescribed class of combatants to which each registered 21
combatant belongs, and 22
(c) particulars of any conditions imposed under this Part, and 23
(d) particulars of any suspension or cancellation of registration under 24
this Part, and 25
(e) particulars of any period of registration fixed or reduced under 26
this Part, and 27
(f) such other particulars as may be prescribed by the regulations. 28
(2) A register may include such additional particulars as the Authority 29
thinks appropriate. 30
(3) A register is to be kept in such manner and form as the Authority thinks 31
appropriate. 32
Page 12
Combat Sports Bill 2008 Clause 18
Registration of combatants Part 2
Division 2 Medical record books and cards
18 Issue of medical record books and cards (cf 1986 Act s33) 1
(1) The Authority must issue each registered combatant with a medical 2
record book in such format as the Authority thinks fit. 3
(2) A medical record book may contain one or more medical record cards 4
in or to the effect of the approved form. 5
19 Provisions relating to medical record books and cards 6
(1) The regulations may make provision for or with respect to medical 7
record books and medical record cards for registered combatants. 8
(2) Without limiting subsection (1), the regulations may provide for any or 9
all of the following: 10
(a) the issue of medical record books and medical record cards to 11
registered combatants, 12
(b) the making of entries in, endorsements on, and alterations to, 13
such books and cards, 14
(c) the production of such books and cards, 15
(d) the surrender, re-issue and replacement of such books and cards, 16
(e) the protection of such books and cards. 17
Page 13
Clause 20 Combat Sports Bill 2008
Part 3 Registration of industry participants
Part 3 Registration of industry participants 1
20 Requirement for registration--offence for unregistered persons (cf 1986 2
Act s27) 3
A person must not carry on the business of, or be employed as, an 4
industry participant if the person is not registered as an industry 5
participant of at least one prescribed class. 6
Maximum penalty: 10 penalty units or imprisonment for 6 months, or 7
both. 8
21 Requirement for registration in a prescribed class--disciplinary breach 9
for registered persons (cf 1986 Act s27) 10
(1) A registered industry participant must not carry on the business of, or be 11
employed as, an industry participant of a prescribed class if the 12
registered industry participant is not registered as an industry 13
participant of that class. 14
(2) A contravention of subsection (1) is a disciplinary breach attracting a 15
fine. 16
22 Prescribed classes of industry participants (cf 1986 Act s17) 17
(1) For the purpose of registering industry participants, classes of industry 18
participants may be prescribed by the regulations according to the 19
nature of their participation in any profession, occupation or business, 20
whether on a full-time, part-time or casual basis, in relation to a combat 21
sport. 22
(2) A reference in this Act to a prescribed class of industry participants is 23
a reference to a class prescribed by the regulations under subsection (1). 24
23 Application for registration (cf 1986 Act s19) 25
(1) A person may make an application to the Authority to be registered as 26
an industry participant of a prescribed class. 27
(2) An application must be: 28
(a) in or to the effect of the approved form, and 29
(b) accompanied by the fee prescribed by the regulations. 30
24 Determination of application (cf 1986 Act s20) 31
(1) On receipt by the Authority of an application under section 23: 32
(a) where the Authority is satisfied that: 33
(i) the application complies with the requirements of 34
section 23 (2), and 35
Page 14
Combat Sports Bill 2008 Clause 25
Registration of industry participants Part 3
(ii) the applicant is a fit and proper person to be registered as 1
an industry participant of the prescribed class in respect of 2
which the registration is sought, and 3
(iii) the applicant has complied with any conditions imposed 4
under section 25 in relation to the applicant's registration, 5
and 6
(iv) in the case of a subsequent application referred to in 7
section 13 (6) or 29 (6)--the applicant has complied with 8
any conditions imposed under either subsection in relation 9
to the applicant's registration as an industry participant, 10
the Authority must register the applicant as such an industry 11
participant, or 12
(b) where it is not so satisfied, the Authority must refuse to register 13
the applicant as such an industry participant. 14
(2) The Authority must give notice to an applicant, in writing, of the 15
applicant's registration as an industry participant of a prescribed class 16
or of the refusal of the Authority to so register the applicant, as the case 17
may be, within 7 days after the date of registration or refusal of 18
registration. 19
(3) Where the Authority refuses to register an applicant as an industry 20
participant on the ground that the person is not a fit and proper person 21
to be so registered, the Authority must, in the notice under 22
subsection (2), so inform the applicant. 23
25 Conditions to be satisfied before registration (cf 1986 Act s21) 24
The regulations may prescribe, in relation to a prescribed class of 25
industry participants, conditions (including the passing of any courses 26
of training) with which an applicant for registration as an industry 27
participant of that class must comply before the applicant may be so 28
registered. 29
26 Conditions on or during registration 30
(1) The Authority may register an industry participant: 31
(a) unconditionally, or 32
(b) subject to conditions prescribed by the regulations or of a kind 33
prescribed by the regulations. 34
(2) A condition may be imposed: 35
(a) at the time of registration, or 36
(b) during the currency of registration, subject to any applicable 37
requirements of section 29. 38
Page 15
Clause 27 Combat Sports Bill 2008
Part 3 Registration of industry participants
(3) A person who is a registered industry participant must comply with any 1
conditions to which the person's registration is subject. 2
(4) A contravention of subsection (3) is a disciplinary breach attracting a 3
fine. 4
(5) This section does not limit any other power of the Authority under this 5
Act to impose conditions. 6
27 Duration of registration (cf 1986 Act s22) 7
The registration of an industry participant remains in force indefinitely, 8
unless the registration is sooner cancelled. 9
28 Annual returns by registered industry participants (cf 1986 Act s24) 10
(1) In order to avoid suspension of registration, a person registered as an 11
industry participant of a prescribed class must, not earlier than 56 days 12
and not later than 21 days before 31 December in each year, forward an 13
annual return to the Authority. 14
(2) An annual return must be: 15
(a) in or to the effect of the approved form, and 16
(b) accompanied by the fee prescribed by the regulations. 17
(3) The Authority may, in accordance with section 29, suspend the 18
registration of an industry participant if: 19
(a) an annual return is not made and forwarded as required by this 20
section, or 21
(b) the annual return is not accompanied by the prescribed fee. 22
29 Fines, suspension and other sanctions (cf 1986 Act s23) 23
(1) Definition 24
In this section: 25
disciplinary breach by a registered industry participant means a 26
contravention of this Act, the regulations or the rules by the registered 27
industry participant (whether or not the contravention is declared to be 28
a disciplinary breach attracting a fine), but does not include a 29
contravention of a kind prescribed by the regulations. 30
(2) Circumstances in which action may be taken 31
The Authority may take action under this section in respect of registered 32
industry participants in connection with: 33
(a) disciplinary breaches by registered industry participants, or 34
(b) the health and safety of registered combatants, or 35
Page 16
Combat Sports Bill 2008 Clause 29
Registration of industry participants Part 3
(c) other matters that the Authority considers should be dealt with 1
under this section. 2
(3) Show cause notice 3
The Authority may, by notice in writing served on a person who is a 4
registered industry participant, require the person to show cause, by a 5
date and time specified in the notice (being a date not less than 14 days 6
after the date of service of the notice) for any one or more of the 7
following: 8
(a) why the person should not pay a fine of a specified amount for a 9
disciplinary breach attracting a fine, 10
(b) why a condition should not be imposed on the person's 11
registration, 12
(c) why the person's registration should not be suspended, 13
(d) why the person's registration should not be cancelled. 14
The notice must specify the grounds on which the action is proposed to 15
be taken. 16
(4) Action if sufficient cause not shown 17
If, by the date and time referred to in the notice under subsection (3), a 18
person has not shown sufficient cause as referred to in that subsection, 19
the Authority may, by order in writing, do any one or more of the 20
following (whether or not the action was that mentioned in the notice): 21
(a) impose a fine of a specified amount for a disciplinary breach 22
attracting a fine, 23
(b) impose a condition on the person's registration, 24
(c) suspend the person's registration, 25
(d) cancel the person's registration. 26
(5) Conditions for suspension to be lifted 27
If a person's registration is suspended, the Authority may impose such 28
conditions as it thinks fit with which the person must comply before 29
consideration is given to lifting the suspension. 30
(6) Conditions for re-registration after cancellation 31
If a person's registration is cancelled, the Authority may impose such 32
conditions as it thinks fit with which the person must comply before any 33
subsequent application by the person for registration as an industry 34
participant or combatant may be dealt with under this Act. 35
Page 17
Clause 30 Combat Sports Bill 2008
Part 3 Registration of industry participants
(7) Notice of action taken 1
The Authority must, within 7 days of taking action under subsection (4) 2
against a person, give the person written notice of the action taken and 3
of any conditions imposed under subsection (5) or (6). 4
(8) Amount of fine 5
The amount of a fine is such amount as the Authority determines but not 6
exceeding: 7
(a) an amount equivalent to 50 penalty units, unless paragraph (b) 8
applies, or 9
(b) a lower amount prescribed by the regulations. 10
(9) Limitations may be prescribed 11
The regulations may provide that: 12
(a) action, or particular action, may only be taken under this section 13
in specified circumstances, or 14
(b) action, or particular action, may not be taken under this section in 15
specified circumstances. 16
30 Effect of suspension 17
(1) If a person's registration as an industry participant of a prescribed class 18
is suspended, the person must not carry on the business of, or be 19
employed as, an industry participant of that class while the suspension 20
continues. 21
(2) A contravention of subsection (1) is a disciplinary breach attracting a 22
fine. 23
(3) The person's registration as an industry participant is not otherwise 24
affected by the suspension. 25
31 Lifting of suspension 26
(1) The Authority may lift the suspension of a person's registration as an 27
industry participant if satisfied that it is appropriate to do so. 28
(2) Before lifting the suspension of a person's registration, the Authority 29
may require the person to pay either or both of the following: 30
(a) the fee prescribed by the regulations, 31
(b) the whole or a specified part of any outstanding annual fees. 32
Page 18
Combat Sports Bill 2008 Clause 32
Registration of industry participants Part 3
32 Register (cf 1986 Act s18 (1)) 1
(1) The Authority must keep a register of industry participants, in which are 2
to be recorded: 3
(a) the names and addresses of persons who are registered as 4
industry participants, and 5
(b) the prescribed class of industry participants to which each 6
registered industry participant belongs, and 7
(c) particulars of any conditions imposed under this Part, and 8
(d) particulars of any suspension or cancellation of registration under 9
this Part, and 10
(e) such other particulars as may be prescribed by the regulations. 11
(2) A register may include such additional particulars as the Authority 12
thinks appropriate. 13
(3) A register is to be kept in such manner and form as the Authority thinks 14
appropriate. 15
Page 19
Clause 33 Combat Sports Bill 2008
Part 4 Professional combat sport contests
Part 4 Professional combat sport contests 1
Division 1 Permit to promote professional combat sport 2
contest 3
33 Division applies to single and multiple contests (cf 1986 Act s41) 4
In this Division (this section excepted) a reference to a professional 5
combat sport contest is a reference to: 6
(a) a single professional combat sport contest, or 7
(b) 2 or more professional combat sport contests, where the contests 8
are conducted on the one occasion and at the same venue. 9
34 Requirement for permit (cf 1986 Act s45) 10
(1) An unregistered person must not promote a professional combat sport 11
contest unless a permit has been granted under section 36 in respect of 12
the contest. 13
Maximum penalty: 500 penalty units or imprisonment for 12 months, or 14
both. 15
(2) A registered person must not promote a professional combat sport 16
contest unless a permit has been granted under section 36 in respect of 17
the contest. 18
(3) A contravention of subsection (2) is a disciplinary breach attracting a 19
fine. 20
35 Application for permit (cf 1986 Act s42) 21
(1) A person may apply to the Authority for a permit to promote a 22
professional combat sport contest. 23
(2) An application must be: 24
(a) in or to the effect of the approved form, and 25
(b) accompanied by the fee (if any) prescribed by the regulations, 26
and 27
(c) made not less than 21 days before the date of the proposed 28
contest. 29
36 Determination of application (cf 1986 Act s43) 30
On receipt of an application under section 35 in respect of a professional 31
combat sport contest, the Authority may: 32
(a) grant a permit to the applicant in respect of the contest, subject to 33
such conditions as the Authority thinks fit, or 34
(b) refuse to grant a permit in respect of the contest. 35
Page 20
Combat Sports Bill 2008 Clause 37
Professional combat sport contests Part 4
37 Notification of permit to Commissioner of Police (cf 1986 Act s44) 1
If the Authority grants a permit under section 36, it must, as soon as 2
practicable afterwards, cause the Commissioner of Police to be notified 3
of the date, time and place of the professional combat sport contest in 4
respect of which the permit is granted. 5
Division 2 General regulation of professional combat sport 6
contests 7
38 Conduct of professional combat sport contests 8
(1) The regulations may make provision for or with respect to the conduct 9
of professional combat sport contests, and (without limitation) for or 10
with respect to the health and safety of combatants who are, will be or 11
intend to be engaged in a professional combat sport contest. 12
(2) Without limiting subsection (1), the regulations may make provision for 13
or with respect to any or all of the following: 14
(a) the holding of, and a combatant's participation in, a weigh-in 15
before the combatant engages in a professional combat sport 16
contest, 17
(b) the attendance of a combat sport inspector at a weigh-in, 18
(c) the recording of a combatant's particulars at a weigh-in for such 19
a contest, 20
(d) the attendance of a combat sport inspector at a professional 21
combat sport contest, 22
(e) the attendance of a medical practitioner at a professional combat 23
sport contest (including any weigh-in held immediately before 24
the contest). 25
Division 3 Health and safety of combatants at professional 26
combat sport contests 27
39 Medical examination organised by combatant (cf 1986 Act s49) 28
(1) A combatant must not engage in a professional combat sport contest 29
unless the combatant has, within the period of 24 hours immediately 30
before the contest: 31
(a) requested a medical practitioner to exercise (in relation to the 32
combatant) the functions of an examining medical practitioner 33
under section 41, and 34
(b) submitted to being examined by the medical practitioner so as to 35
enable the medical practitioner to exercise those functions. 36
Page 21
Clause 40 Combat Sports Bill 2008
Part 4 Professional combat sport contests
(2) A contravention of subsection (1) is a disciplinary breach attracting a 1
fine. 2
40 Medical examination directed by Authority (cf 1986 Act s50) 3
(1) Direction to submit to medical examination by medical practitioner 4
The Authority may, by notice in writing served on a combatant, direct 5
the combatant to submit to a medical examination by a specified 6
medical practitioner on or before a specified date. 7
(2) Direction to submit to examination or investigation by qualified 8
person on recommendation of medical practitioner 9
The Authority, on the recommendation of a medical practitioner, may, 10
by notice in writing served on a combatant, direct the combatant to 11
submit on or before a specified date to an examination or investigation 12
by a qualified person to determine any particular matter or thing 13
concerning the combatant's health and safety. 14
(3) One or more directions may be given 15
A notice under this section may give directions in relation to one or 16
more examinations or investigations by one or more medical 17
practitioners or other qualified persons. 18
(4) Combatant to comply with direction 19
If a notice under this section is served on a combatant, the combatant 20
must not (except as may be permitted by the notice) engage in a 21
professional combat sport contest unless the combatant has complied 22
with the direction or directions given by the notice. 23
(5) A contravention of subsection (4) is a disciplinary breach attracting a 24
fine. 25
(6) Authority authorised to make request to medical practitioner 26
The Authority may request a medical practitioner referred to in this 27
section to exercise (in relation to the combatant): 28
(a) the functions of an examining medical practitioner under 29
section 41, or 30
(b) such other functions relating to the health or safety of the 31
combatant as the Authority may specify in its request, 32
or both. 33
Page 22
Combat Sports Bill 2008 Clause 41
Professional combat sport contests Part 4
(7) Authority authorised to make request to qualified person 1
The Authority may request a qualified person referred to in this section 2
to conduct such an examination or investigation of the combatant as the 3
Authority may specify and to report to the Authority concerning any 4
such examination or investigation. 5
(8) Meaning of qualified person 6
A reference in this section to a qualified person is a reference to a 7
person who is suitably qualified, in the opinion of the Authority, to 8
determine a particular matter or thing. A qualified person may but need 9
not be a medical practitioner. 10
41 Functions of examining medical practitioner (cf 1986 Act s51) 11
The functions of an examining medical practitioner under this section in 12
relation to a combatant who proposes to engage in a professional 13
combat sport contest are as follows: 14
(a) to conduct such an examination of the combatant as is prescribed 15
by the regulations, 16
(b) to record the particulars prescribed by the regulations in the 17
combatant's medical record book, 18
(c) to certify in the combatant's medical record book whether or not, 19
in the opinion of the medical practitioner, the combatant is 20
medically fit to engage in the proposed contest, 21
(d) if the medical practitioner has certified under paragraph (c) that 22
the combatant is not medically fit to engage in the proposed 23
contest and considers it to be in the interests of the health or 24
safety of the combatant to do so--to certify in the combatant's 25
medical record book that, in the opinion of the medical 26
practitioner, the combatant should not engage in: 27
(i) any professional combat sport contest, or 28
(ii) any professional combat sport contest or any sparring, 29
before a specified date, 30
(e) where the medical practitioner has given a certificate under 31
paragraph (c) or (d), without delay: 32
(i) to notify the combatant and, where the examination was 33
carried out immediately before the proposed contest, the 34
combat sport inspector present at the contest of the matters 35
as to which the medical practitioner has certified, and 36
(ii) to prepare and forward to the Authority a report of the 37
examination. 38
Page 23
Clause 42 Combat Sports Bill 2008
Part 4 Professional combat sport contests
42 Unfit combatant not to engage in contests or sparring (cf 1986 Act s52) 1
(1) Except to the extent that the Authority, on the advice or 2
recommendation of a medical practitioner or after considering the 3
report of a medical practitioner, otherwise directs, the following 4
provisions have effect: 5
(a) if, following a medical examination under section 40, a medical 6
practitioner gives, in relation to a combatant and a proposed 7
professional combat sport contest, a certificate that, in the 8
opinion of the medical practitioner, the combatant is not 9
medically fit to engage in that contest--the combatant must not 10
engage in that contest, 11
(b) if a medical practitioner certifies under section 41 (c) that, in the 12
opinion of the medical practitioner, a combatant is not medically 13
fit to engage in a proposed professional combat sport contest-- 14
the combatant must not engage in that contest, 15
(c) if a medical practitioner gives, in relation to a combatant a 16
certificate under section 41 (d)--the combatant must not, before 17
the date specified in the certificate, engage in any professional 18
combat sport contest or any sparring, or both, as may be specified 19
in the certificate, 20
(d) if, following a medical examination under section 41, a medical 21
practitioner gives, in relation to a combatant, a certificate to the 22
same effect as a certificate under section 41 (d)--the combatant 23
must not, before the date specified in the certificate, engage in 24
any professional combat sport contest or any sparring, or both, as 25
may be specified in the certificate. 26
(2) Despite any direction given by the Authority under subsection (1) or the 27
opinion of any other medical practitioner, if the medical practitioner 28
present at a professional combat sport contest is of the opinion, 29
immediately before the contest, that the combatant is not medically fit 30
to engage in the contest, and so informs the combatant, the combatant 31
must not engage in the contest. 32
(3) A contravention of subsection (1) or (2) is a disciplinary breach 33
attracting a fine. 34
43 Obligation of promoter--medical examination of combatant (cf 1986 Act 35
s53) 36
A person who promotes a professional combat sport contest must not 37
permit a combatant to engage in the contest if the combatant has not 38
complied with section 39 in relation to the contest. 39
Maximum penalty: 500 penalty units or imprisonment for 12 months, or 40
both. 41
Page 24
Combat Sports Bill 2008 Clause 44
Professional combat sport contests Part 4
44 Obligation of promoter--examination of medical record book (cf 1986 Act 1
s54) 2
A person who promotes a professional combat sport contest must 3
examine the medical record book of a combatant who proposes to 4
engage in that contest after the time when the combatant has complied 5
with section 39 in relation to that contest and before the time when the 6
combatant is due to be engaged in that contest. 7
Maximum penalty: 500 penalty units. 8
45 Obligation of promoter--unfit combatant (cf 1986 Act s55) 9
(1) If a medical practitioner certifies under section 41 (c) that, in the 10
opinion of the medical practitioner, a combatant is not medically fit to 11
engage in a proposed professional combat sport contest, the promoter of 12
the proposed contest must not permit the combatant to engage in that 13
contest. 14
Maximum penalty: 500 penalty units or imprisonment for 12 months, or 15
both. 16
(2) Subsection (1) does not apply if the Authority, on the advice or 17
recommendation of a medical practitioner or after considering the 18
report of a medical practitioner, otherwise directs. 19
46 Combatant to submit to medical examination after contest (cf 1986 Act 20
s56) 21
(1) A combatant must, immediately upon the conclusion of a professional 22
combat sport contest in which the combatant has been a contestant, 23
submit to a medical examination by a medical practitioner engaged by 24
the promoter of the contest to exercise (in relation to the combatant) the 25
functions of an examining medical practitioner under section 48. 26
(2) A contravention of subsection (1) is a disciplinary breach attracting a 27
fine. 28
(3) Subsection (1) does not apply where the combatant is rendered 29
unconscious or is otherwise unable to comply with the subsection for 30
medical reasons. 31
47 Obligation of promoter--combatant rendered unconscious or unable to 32
submit to examination by examining medical practitioner (cf 1986 Act s57) 33
If a combatant who engages in a professional combat sport contest is 34
rendered unconscious or otherwise appears to the promoter of the 35
contest to be unable to comply with section 46, the promoter must 36
without delay arrange for a medical practitioner engaged by the 37
promoter to exercise, in relation to the combatant: 38
Page 25
Clause 48 Combat Sports Bill 2008
Part 4 Professional combat sport contests
(a) the functions of an examining medical practitioner under 1
section 48, and 2
(b) such other functions as may be necessary in the circumstances of 3
the case. 4
Maximum penalty: 500 penalty units or imprisonment for 12 months, or 5
both. 6
48 Functions of medical practitioner after contest (cf 1986 Act s58) 7
The functions of an examining medical practitioner under this section in 8
relation to a combatant who has engaged in a professional combat sport 9
contest are as follows: 10
(a) to conduct such examination of the combatant as is prescribed by 11
the regulations, 12
(b) to record the particulars prescribed by the regulations in the 13
combatant's medical record book, 14
(c) where the medical practitioner considers it to be in the interests 15
of the health or safety of the combatant to do so--to certify in the 16
combatant's medical record book that, in the opinion of the 17
medical practitioner, the combatant should not engage in: 18
(i) any professional combat sport contest, or 19
(ii) any professional combat sport contest or any sparring, 20
before a specified date, 21
(d) where the medical practitioner has given a certificate under 22
paragraph (c), without delay: 23
(i) to notify the combatant and the combat sport inspector 24
present at the contest in which the combatant was engaged 25
of the matters as to which the medical practitioner has 26
certified, and 27
(ii) to prepare and forward to the Authority a report of the 28
examination. 29
49 Combatant not to engage in further contests or sparring (cf 1986 Act s59) 30
(1) If a medical practitioner gives, in relation to a combatant a certificate 31
under section 48 (c), the combatant must not, before the date specified 32
in the certificate, engage in any professional combat sport contest or any 33
sparring, or both, as may be specified in the certificate. 34
(2) A contravention of subsection (1) is a disciplinary breach attracting a 35
fine. 36
(3) Subsection (1) does not apply to the extent that the Authority, on the 37
advice or recommendation of a medical practitioner or after considering 38
the report of a medical practitioner, directs. 39
Page 26
Combat Sports Bill 2008 Clause 50
Professional combat sport contests Part 4
Division 4 Record of professional combat sport contest 1
50 Contest result sheet (cf 1986 Act s60) 2
(1) For the purpose of making a record of a professional combat sport 3
contest, it is the duty of the combat sport inspector present at the contest, 4
and a function of the medical practitioner so present, to write up in 5
duplicate, and, by an original signature, to sign each copy of, a contest 6
result sheet in relation to the contest. 7
(2) The contest result sheet must be: 8
(a) in or to the effect of the approved form, and 9
(b) written up in accordance with the directions on the sheet. 10
51 Forwarding of contest result sheet (cf 1986 Act s61) 11
(1) The combat sport inspector present at a professional combat sport 12
contest is to send the original contest result sheet to the Authority when 13
completed. 14
(2) The Authority must cause the information contained in a contest result 15
sheet forwarded to it under subsection (1) to be filed in the office of the 16
Authority for such time as it thinks fit. 17
Division 5 Prohibition of professional combat sport contests 18
at certain places 19
52 Professional combat sport contests prohibited at certain places (cf 1986 20
Act s62) 21
(1) An unregistered person must not promote, or engage in, a professional 22
combat sport contest at: 23
(a) a place prescribed by the regulations, or 24
(b) a place of a class or description prescribed by the regulations. 25
Maximum penalty: 500 penalty units or imprisonment for 12 months, or 26
both. 27
(2) A registered person must not promote, or engage in, a professional 28
combat sport contest at: 29
(a) a place prescribed by the regulations, or 30
(b) a place of a class or description prescribed by the regulations. 31
(3) A contravention of subsection (2) is a disciplinary breach attracting a 32
fine. 33
Page 27
Clause 53 Combat Sports Bill 2008
Part 5 Amateur combat sport contests, and amateur and professional wrestling
contests
Part 5 Amateur combat sport contests, and amateur 1
and professional wrestling contests 2
53 Application of Part (cf 1986 Act s62A) 3
(1) This Part applies to: 4
(a) amateur combat sport contests, and 5
(b) wrestling contests, whether amateur or professional (other than a 6
wrestling contest referred to in subsection (2)), 7
held for public entertainment. 8
(2) This Part does not apply to a wrestling contest if it is a professional 9
combat sport contest within the meaning of this Act. 10
Note. Professional combat sport contests are regulated by Part 4 and other 11
provisions of this Act. 12
(3) For the purposes of this section: 13
public entertainment means: 14
(a) entertainment to which admission may ordinarily be gained by 15
members of the public on payment of money, or other 16
consideration, as the price or condition of admission, or 17
(b) the entertainment of: 18
(i) patrons of any premises licensed under the Liquor Act 19
2007 or registered under the Registered Clubs Act 1976, or 20
(ii) the public or a section of the public at a building or 21
temporary structure subject to an approval, in force under 22
Part 1 of Chapter 7 of the Local Government Act 1993, for 23
use as a place of public entertainment (within the meaning 24
of that Act). 25
54 Permit required for amateur combat sport contests or wrestling
contests (cf 1986 Act s62B) 26
(1) An unregistered person must not promote an amateur combat sport 27
contest or a wrestling contest: 28
(a) without a permit under this Part, or 29
(b) contrary to the conditions subject to which such a permit was 30
granted. 31
Maximum penalty: 20 penalty units. 32
(2) A registered person must not promote an amateur combat sport contest 33
or a wrestling contest: 34
(a) without a permit under this Part, or 35
Page 28
Combat Sports Bill 2008 Clause 55
Amateur combat sport contests, and amateur and professional wrestling Part 5
contests
(b) contrary to the conditions subject to which such a permit was 1
granted. 2
(3) A contravention of subsection (2) is a disciplinary breach attracting a 3
fine. 4
55 Application for permit (cf 1986 Act s62C (1)) 5
(1) A person may apply to the Minister for a permit to promote an amateur 6
combat sport contest or a wrestling contest: 7
(2) An application must be: 8
(a) in or to the effect of the approved form, and 9
(b) made not less than 21 days before the date of the proposed 10
contest. 11
56 Determination of application (cf 1986 Act s62C (2)) 12
(1) The Minister: 13
(a) may grant a permit to promote an amateur combat sport contest 14
or a wrestling contest unconditionally or subject to such 15
conditions as the Minister thinks fit to impose, or 16
(b) may refuse to grant a permit. 17
(2) A permit may be granted so as to authorise one or more contests. 18
Page 29
Clause 57 Combat Sports Bill 2008
Part 6 Disqualification
Part 6 Disqualification 1
57 Disqualification 2
(1) The Authority may, by notice in writing served on a person who is or 3
has been registered under this Act, require the person to show cause, by 4
a date and time specified in the notice (being a date not less than 14 days 5
after the date of service of the notice), why the person should not be 6
disqualified under this section from participating in specified classes of 7
activities. 8
(2) If, by the date and time referred to in the notice under subsection (1), a 9
person has not shown sufficient cause as referred to in that subsection, 10
the Authority may, by order in writing, disqualify the person either: 11
(a) indefinitely, or 12
(b) for a period specified by the Authority, 13
from participating in either or both of the following: 14
(c) specified kinds of activities prescribed by the regulations relating 15
to combat sports, 16
(d) (if it is not a combat sport) any specified form of sparring or 17
wrestling. 18
(3) Examples of the kinds of activities that may be prescribed by the 19
regulations as activities from which a person may be disqualified 20
include the following: 21
(a) engaging in a specified combat sport as a contestant, 22
(b) engaging in or being employed in any profession, occupation or 23
business, whether on a full-time, part-time or casual basis, in 24
relation to a combat sport (whether or not in connection with a 25
professional combat sport contest, an amateur combat sport 26
contest or a wrestling contest), 27
(c) attending any premises at which a professional combat sport 28
contest, an amateur combat sport contest or a wrestling contest is 29
being held or is to be held within a specified period on a day when 30
the contest is or is to be held, 31
(d) attending specified premises where training for any combat sport 32
is conducted, whether generally or during particular periods. 33
(4) The Authority must, within 7 days of taking action under subsection (2) 34
against a person, give the person written notice of the action taken. 35
(5) The Authority may vary or revoke an order of disqualification. 36
(6) The regulations may make provision for or with respect to the making, 37
variation or revocation of orders of disqualification. 38
Page 30
Combat Sports Bill 2008 Clause 58
Disqualification Part 6
58 Effect of disqualification 1
(1) An unregistered person who is disqualified under this Part must not 2
participate in any activity specified in an order of disqualification in 3
force in respect of the person. 4
Maximum penalty: 500 penalty units or imprisonment for 12 months, or 5
both. 6
(2) A registered person who is disqualified under this Part must not 7
participate in any activity specified in an order of disqualification in 8
force in respect of the person. 9
(3) A contravention of subsection (2) is a disciplinary breach attracting a 10
fine. 11
Page 31
Clause 59 Combat Sports Bill 2008
Part 7 Review by Administrative Decisions Tribunal
Part 7 Review by Administrative Decisions Tribunal 1
59 Review of decisions by Administrative Decisions Tribunal (cf 1986 Act 2
s28) 3
A person may apply to the Administrative Decisions Tribunal for a 4
review of any of the following decisions: 5
(a) a decision under section 9 (1) (a) (v) that the person be registered 6
for a specified period, 7
(b) a decision under section 9 (1) (b) to refuse to register the person 8
as a combatant where the refusal is on the ground that the person 9
is not a fit and proper person, 10
(c) a decision under section 10 to impose conditions in respect of the 11
person, 12
(d) a decision under section 13 (4) to take action of the kind referred 13
to in that subsection in respect of the person, 14
(e) a decision under section 24 (1) (b) to refuse to register the person 15
as an industry participant where the refusal is on the ground that 16
the person is not a fit and proper person, 17
(f) a decision under section 26 to impose conditions in respect of the 18
person, 19
(g) a decision under section 29 (4) to take action of the kind referred 20
to in that subsection in respect of the person, 21
(h) a decision under section 36 (b) to refuse to grant a permit to the 22
person in respect of a professional combat sport contest, 23
(i) a decision under section 41 to give a certificate that the person is 24
not medically fit to engage in a proposed professional combat 25
sport contest, 26
(j) a decision under section 56 to refuse to grant a permit to the 27
person to promote an amateur combat sport contest or a wrestling 28
contest, 29
(k) a decision under section 57 to disqualify a person from 30
participating in certain activities. 31
Page 32
Combat Sports Bill 2008 Clause 60
Combat Sports Authority Part 8
Part 8 Combat Sports Authority 1
60 Combat Sports Authority (cf 1986 Act s4) 2
(1) There is constituted by this Act a corporation under the corporate name 3
of the Combat Sports Authority of New South Wales. 4
(2) The Authority: 5
(a) has and may exercise the functions conferred or imposed on it by 6
or under this or any other Act, and 7
(b) is a NSW Government agency, and 8
(c) is, in the exercise of its functions (except in relation to the 9
contents of a report or recommendation made by it to the 10
Minister), subject to the control and direction of the Minister. 11
(3) The Authority cannot employ any staff. 12
Note. Staff may be employed under Chapter 1A of the Public Sector 13
Employment and Management Act 2002 in the Government Service to enable 14
the Authority to exercise its functions. 15
(4) The Authority consists of not fewer than 7 and not more than 9 part-time 16
members appointed by the Governor. 17
(5) Of the members: 18
(a) one is, in and by the instrument by which the member is 19
appointed, to be appointed as the Chairperson of the Authority, 20
and 21
(b) one is to be a medical practitioner nominated by the Australian 22
Sports Medicine Federation, New South Wales Branch. 23
(6) The Minister may make such arrangements as the Minister considers 24
appropriate for the receipt of nominations for the purposes of 25
subsection (5) (b). 26
(7) Schedule 1 has effect with respect to the constitution and procedure of 27
the Authority. 28
Page 33
Clause 61 Combat Sports Bill 2008
Part 9 Miscellaneous
Part 9 Miscellaneous 1
61 Appointment of combat sport inspectors and exercise of inspectorial 2
powers by others (cf 1986 Act s63A) 3
(1) The Authority may appoint an officer of the Department to be a combat 4
sport inspector for the purposes of this Act. 5
(2) A combat sport inspector has such functions as are conferred or 6
imposed on combat sport inspectors by or under this Act. 7
(3) The Authority may authorise a member of the Authority to exercise 8
functions conferred or imposed on combat sport inspectors by or under 9
this Act, subject to the limitations (if any) specified in the authorisation. 10
A member so authorised is, subject to any such limitations, taken to be 11
a combat sport inspector. 12
(4) The regulations may make provision for or with respect to authorising 13
police officers to exercise functions conferred or imposed on combat 14
sport inspectors by or under this Act, subject to the limitations (if any) 15
specified in the regulations or in the authorisation. A police officer so 16
authorised is, subject to any such limitations, taken to be a combat sport 17
inspector. 18
62 Delegation (cf 1986 Act s64) 19
(1) The Minister may delegate to a person the exercise of the Minister's 20
functions under section 56 or 72 (or both). 21
(2) The Authority may delegate to a person the exercise of any of its 22
functions, other than: 23
(a) this power of delegation, and 24
(b) any function of the Minister delegated to it under subsection (1), 25
unless the instrument of delegation by the Minister permits 26
subdelegation. 27
63 Service of documents (cf 1986 Act s66) 28
(1) A document may be served on the Authority by leaving it at, or by 29
sending it by post to: 30
(a) the office of the Authority, or 31
(b) if it has more than one office--any one of its offices. 32
(2) Nothing in subsection (1) affects the operation of any provision of a law 33
or of the rules of a court authorising a document to be served on the 34
Authority in a manner not provided for by subsection (1). 35
Page 34
Combat Sports Bill 2008 Clause 64
Miscellaneous Part 9
(3) A notice required or permitted by this Act to be served on a person by 1
the Authority may be served personally or by mail addressed to the 2
person at the address last shown in the records of the Authority as the 3
person's address. 4
64 Recovery of fines, fees or other money by Authority (cf 1986 Act s68) 5
Any fine, fee or other money due to the Authority may be recovered by 6
the Authority as a debt in a court of competent jurisdiction. 7
65 Evidence (cf 1986 Act ss7(2), 18(2)) 8
(1) A certificate purporting to have been signed by the Authority or a 9
delegate and stating: 10
(a) that on a specified day, or during a specified period, a specified 11
person was, or was not, registered as a combatant of a specified 12
class, or 13
(b) that on a specified day the registration of a specified person as a 14
combatant of a specified class had been cancelled under a 15
specified provision of this Act, or 16
(c) that on a specified day, or during a specified period, the 17
registration of a specified person as a combatant of a specified 18
class was in a state of suspension, 19
is admissible in evidence in any proceedings and is evidence of the truth 20
of the statement. 21
(2) A certificate purporting to have been signed by the Authority or a 22
delegate and stating: 23
(a) that, on a specified day or during a specified period, a specified 24
person was, or was not, registered as an industry participant of a 25
specified class, or 26
(b) that on a specified day the registration of a specified person as an 27
industry participant of a specified class had been cancelled under 28
a specified provision of this Act, or 29
(c) that on a specified day, or during a specified period, the 30
registration of a specified person as an industry participant of a 31
specified class was in a state of suspension, 32
is admissible in evidence in any proceedings and is evidence of the truth 33
of the statement. 34
(3) A certificate purporting to have been signed by the Authority or a 35
delegate and stating that, on a specified day or during a specified period, 36
a specified person was disqualified under this Act in relation to 37
specified classes of activities is admissible in evidence in any 38
proceedings and is evidence of the truth of the statement. 39
Page 35
Clause 66 Combat Sports Bill 2008
Part 9 Miscellaneous
66 Proof of certain matters not required (cf 1986 Act s69) 1
In any legal proceedings, proof is not required (until evidence is given 2
to the contrary) of: 3
(a) the constitution of the Authority, or 4
(b) any resolution of the Authority, or 5
(c) the appointment of, or the holding of office by, any member of 6
the Authority, or 7
(d) the presence of a quorum at any meeting of the Authority. 8
67 Liability of members and others (cf 1986 Act sch 1, cl 9) 9
No matter or thing done by the Authority, any member of the Authority 10
or any person acting under the direction of the Authority, if the matter 11
or thing was done in good faith for the purposes of executing this or any 12
other Act, subjects a member of the Authority or a person so acting 13
personally to any action, liability, claim or demand. 14
68 Supply of information 15
(1) The Authority may enter into arrangements, with sporting bodies and 16
law enforcement agencies in Australia and elsewhere, concerning the 17
provision of information by and to the Authority in relation to: 18
(a) the registration, and the suspension or cancellation of the 19
registration, of persons under this Act, and 20
(b) the accreditation, and the suspension or cancellation of the 21
accreditation, of persons otherwise than under this Act, and 22
(c) without limiting paragraphs (a) and (b): 23
(i) the suitability of persons to be registered or accredited or 24
to retain registration or accreditation, and 25
(ii) details of disciplinary action commenced or taken against 26
any such person, and 27
(iii) details of the grounds on which disciplinary action might 28
be taken against any such person, and 29
(d) any other matters for the time being approved by the Minister. 30
(2) The Authority, and sporting bodies and law enforcement agencies of the 31
State, may provide, seek and receive information in accordance with 32
any arrangement referred to in subsection (1). 33
(3) In subsection (1): 34
accreditation means the registration, licensing or other accreditation 35
(however described) of persons who participate or seek to participate in 36
combat sports as contestants or industry participants (however 37
described) in Australia or elsewhere. 38
Page 36
Combat Sports Bill 2008 Clause 69
Miscellaneous Part 9
69 Exemptions for persons not resident in the State (cf 1986 Act s63) 1
(1) The Authority may, by notification published in the Gazette, exempt 2
any person named in the notification or any class or description of 3
persons specified in the notification from the operation of this Act or 4
such of the provisions of this Act as are specified in the notification. 5
(2) The Authority must not, under subsection (1), exempt a person who is 6
ordinarily resident in New South Wales or a class or description of 7
persons who are ordinarily so resident. 8
(3) An exemption under subsection (1) may be granted subject to such 9
terms or conditions as are specified in the notification by which the 10
exemption is granted. 11
(4) The Authority may, by notification published in the Gazette, revoke, 12
alter or vary a notification referred to in subsection (1). 13
(5) This section does not limit the power to make regulations for or with 14
respect to the exemption of persons or classes of persons from 15
provisions of this Act. 16
70 Offences by corporations (cf 1986 Act s70) 17
(1) If a corporation contravenes, whether by act or omission, any provision 18
of this Act or the regulations, each person who is a director of the 19
corporation or who is concerned in the management of the corporation 20
is taken to have contravened the same provision if the person knowingly 21
authorised or permitted the contravention. 22
(2) A person may be proceeded against and convicted under a provision 23
pursuant to subsection (1) whether or not the corporation has been 24
proceeded against or been convicted under that provision. 25
(3) Nothing in this section affects any liability imposed on a corporation for 26
an offence committed by the corporation against this Act or the 27
regulations. 28
71 Nature of proceedings for offences (cf 1986 Act s71) 29
(1) Proceedings for an offence under this Act or the regulations may be 30
dealt with: 31
(a) summarily before a Local Court, or 32
(b) summarily before the Supreme Court in its summary jurisdiction. 33
(2) If proceedings are brought in a Local Court, the maximum monetary 34
penalty that the Local Court may impose for the offence is the lesser of: 35
(a) 50 penalty units, despite any higher maximum monetary penalty 36
provided in respect of the offence, or 37
Page 37
Clause 72 Combat Sports Bill 2008
Part 9 Miscellaneous
(b) the maximum monetary penalty provided by this Act in respect 1
of the offence. 2
72 Approved forms 3
The Minister may approve forms for the purposes of this Act. 4
73 Regulations (cf 1986 Act s72) 5
(1) The Governor may make regulations, not inconsistent with this Act, for 6
or with respect to any matter that by this Act is required or permitted to 7
be prescribed or that is necessary or convenient to be prescribed for 8
carrying out or giving effect to this Act. 9
(2) In particular, regulations may be made for or with respect to the 10
following: 11
(a) the use and custody of the seal of the Authority, 12
(b) any matter in relation to which a rule may be made, 13
(c) the exemption of persons or classes of persons, or combat sports 14
or classes or aspects of combat sports, from provisions of this 15
Act, 16
(d) the revocation of, and the imposition or variation of conditions 17
on, permits after they have been granted under this Act. 18
(3) The regulations may contain provisions of a savings or transitional 19
nature consequent on regulations made for the purposes of or in 20
connection with the definition of combat sport in section 3 (1). 21
(4) The regulations may create an offence punishable by a penalty not 22
exceeding 50 penalty units. 23
(5) The regulations may declare a contravention of the regulations to be a 24
disciplinary breach attracting a fine, but cannot make such a declaration 25
if the contravention is punishable as an offence. 26
Note. A contravention that is declared to be a disciplinary breach attracting a 27
fine can be dealt with by the Authority by way of imposition of a fine (see 28
sections 13 and 29). 29
(6) In the event of any inconsistency between a regulation and a rule, the 30
regulation prevails to the extent of the inconsistency. 31
74 Rules (cf 1986 Act s73) 32
(1) The Authority may make rules, not inconsistent with this Act, for or 33
with respect to any aspect of professional engagement in combat sports 34
in New South Wales. 35
(2) Without limiting subsection (1), rules may be made for or with respect 36
to all or any of the following: 37
Page 38
Combat Sports Bill 2008 Clause 74
Miscellaneous Part 9
(a) any of the functions of the Authority, 1
(b) medical record books and medical record cards, 2
(c) the appointment and functions of an executive officer of the 3
Authority, 4
(d) the appointment, functions and remuneration of combat sport 5
inspectors for the purposes of this Act, 6
(e) the appointment of, and fees payable to, combat sport officials, 7
(f) the establishment of ratings for combatants, 8
(g) combat sport titles, 9
(h) combat sport equipment, 10
(i) contracts between combatants and industry participants, 11
(j) the regulation of professional combat sport contests, 12
(k) the accreditation and functions of medical officers in connection 13
with professional combat sport contests, 14
(l) rest periods for combatants, 15
(m) age limits for registered combatants, 16
(n) the undertaking of guarantees, and the lodgement of security 17
deposits, by promoters of professional combat sport contests, 18
(o) the making and observance of codes of conduct for registered 19
combatants and registered industry participants. 20
(3) The rules may declare a contravention of the rules to be a disciplinary 21
breach attracting a fine. 22
(4) A rule cannot be made except with the approval of the Minister. 23
(5) A rule: 24
(a) must be published in the Gazette, and 25
(b) takes effect on and from the date of publication or a later date 26
specified in the rule. 27
(6) A provision of a rule may: 28
(a) apply generally or be limited in its application by reference to 29
specified exceptions or factors, or 30
(b) apply differently according to different factors of a specified 31
kind, or 32
(c) authorise any matter or thing to be from time to time determined, 33
applied or regulated by any specified person or body, 34
or may do any combination of those things. 35
Page 39
Clause 75 Combat Sports Bill 2008
Part 9 Miscellaneous
75 Repeal of Boxing and Wrestling Control Act 1986 No 11 (cf 1986 Act s74) 1
The Boxing and Wrestling Control Act 1986 is repealed. 2
76 Amendments 3
The Acts specified in Schedule 2 are amended as set out in that 4
Schedule. 5
77 Savings and transitional provisions (cf 1986 Act s75) 6
Schedule 3 has effect. 7
78 Review of Act 8
(1) The Minister is to review this Act to determine whether the policy 9
objectives of the Act remain valid and whether the terms of the Act 10
remain appropriate for securing those objectives. 11
(2) The review is to be undertaken as soon as possible after the period of 12
5 years from the date of assent to this Act. 13
(3) A report on the outcome of the review is to be tabled in each House of 14
Parliament within 12 months after the end of the period of 5 years. 15
Page 40
Combat Sports Bill 2008
Constitution and procedure of the Authority Schedule 1
Schedule 1 Constitution and procedure of the 1
Authority 2
(Section 60) 3
Part 1 General 4
1 Definitions 5
In this Schedule: 6
Chairperson means the Chairperson of the Authority. 7
member means any member of the Authority. 8
Part 2 Constitution 9
2 Terms of office of members 10
Subject to this Schedule, a member holds office for such period (not 11
exceeding 4 years) as is specified in the member's instrument of 12
appointment, but is eligible (if otherwise qualified) for re-appointment. 13
3 Remuneration 14
A member is entitled to be paid such remuneration (including travelling 15
and subsistence allowances) as the Minister may from time to time 16
determine in respect of the member. 17
4 Deputies 18
(1) The Minister may, from time to time, appoint a person to be the deputy 19
of a member, and the Minister may revoke any such appointment. 20
(2) In the absence of a member, the member's deputy may, if available, act 21
in the place of the member. 22
(3) While acting in the place of a member, a person: 23
(a) has all the functions of the member and is taken to be a member, 24
and 25
(b) is entitled to be paid such remuneration (including travelling and 26
subsistence allowances) as the Minister may from time to time 27
determine in respect of the person. 28
(4) For the purposes of this clause, a vacancy in the office of a member is 29
taken to be an absence of the member. 30
Page 41
Combat Sports Bill 2008
Schedule 1 Constitution and procedure of the Authority
5 Vacancy in office of member 1
(1) The office of a member becomes vacant if the member: 2
(a) dies, or 3
(b) completes a term of office and is not re-appointed, or 4
(c) resigns the office by instrument in writing addressed to the 5
Minister, or 6
(d) is removed from office by the Governor under this clause, or 7
(e) is absent from 4 consecutive meetings of the Authority of which 8
reasonable notice has been given to the member personally or by 9
post: 10
(i) except on leave granted by the Minister, or 11
(ii) unless the member is excused by the Minister for having 12
been absent from those meetings before the expiration of 13
4 weeks after the last of those meetings, or 14
(f) becomes bankrupt, applies to take the benefit of any law for the 15
relief of bankrupt or insolvent debtors, compounds with his or her 16
creditors or makes an assignment of his or her remuneration for 17
their benefit, or 18
(g) becomes a mentally incapacitated person, or 19
(h) is convicted in New South Wales of an offence that is punishable 20
by imprisonment for 12 months or more or is convicted 21
elsewhere than in New South Wales of an offence that, if 22
committed in New South Wales, would be an offence so 23
punishable. 24
(2) The Governor may at any time remove a member from office. 25
(3) Without affecting the generality of subclause (2), the Governor may 26
remove from office a member who contravenes the provisions of 27
clause 7. 28
6 Filling of vacancy in office of member 29
(1) If: 30
(a) the office of the member referred to in section 60 (5) (b) becomes 31
vacant, or 32
(b) the membership of the Authority (not counting any deputies of 33
members) is reduced to fewer than 7 members as a result of the 34
office of a member becoming vacant, 35
a person is, subject to this Act, to be appointed to fill the vacancy. 36
(2) A person may, subject to this Act, be appointed to fill any vacancy other 37
than a vacancy that is to be filled under subclause (1). 38
Page 42
Combat Sports Bill 2008
Constitution and procedure of the Authority Schedule 1
7 Disclosure of pecuniary interests 1
(1) If: 2
(a) a member has a direct or indirect pecuniary interest in: 3
(i) a matter being considered or about to be considered at a 4
meeting of the Authority, or 5
(ii) a thing being done or about to be done by the Authority, 6
and 7
(b) the interest appears to raise a conflict with the proper 8
performance of the member's duties in relation to the 9
consideration of the matter, 10
the member must, as soon as possible after the relevant facts have come 11
to the member's knowledge, disclose the nature of the interest at a 12
meeting of the Authority. 13
(2) A disclosure by a member at a meeting of the Authority that the 14
member: 15
(a) is a member, or is in the employment, of a specified company or 16
other body, or 17
(b) is a partner, or is in the employment, of a specified person, or 18
(c) has some other specified interest relating to a specified company 19
or other body or to a specified person, 20
is a sufficient disclosure of the nature of the interest in any matter or 21
thing relating to that company or other body or to that person that may 22
arise after the date of the disclosure and that is required to be disclosed 23
under subclause (1). 24
(3) Particulars of any disclosure made under this clause must be recorded 25
by the Authority in a book kept for the purpose and that book must be 26
open at all reasonable hours for inspection by any person on payment of 27
the fee determined by the Authority. 28
(4) After a member has disclosed the nature of an interest in any matter or 29
thing, the member must not, unless the Minister or the Authority 30
otherwise determines: 31
(a) be present during any deliberation of the Authority with respect 32
to the matter or thing, or 33
(b) take part in any decision of the Authority with respect to the 34
matter or thing. 35
Page 43
Combat Sports Bill 2008
Schedule 1 Constitution and procedure of the Authority
(5) For the purposes of the making of a determination by the Authority 1
under subclause (4), a member who has a direct or indirect pecuniary 2
interest in a matter or thing to which the disclosure relates must not: 3
(a) be present during any deliberation of the Authority for the 4
purpose of making the determination, or 5
(b) take part in the making of the determination by the Authority. 6
(6) A contravention of this clause does not invalidate any decision of the 7
Authority. 8
(7) A reference in this clause to a meeting of the Authority includes a 9
reference to a meeting of a committee of the Authority. 10
8 Effect of certain other Acts 11
(1) The Public Sector Employment and Management Act 2002 does not 12
apply to the appointment of an appointed member and an appointed 13
member is not, as such a member, subject to that Act (except Chapter 5). 14
(2) If by or under any Act provision is made: 15
(a) requiring a person who is the holder of a specified office to 16
devote the whole of his or her time to the duties of that office, or 17
(b) prohibiting the person from engaging in employment outside the 18
duties of that office, 19
the provision does not operate to disqualify the person from holding that 20
office and also the office of a member or from accepting and retaining 21
any remuneration payable to the person under this Act as a member. 22
Part 3 Procedure 23
9 General procedure 24
The procedure for the calling of meetings of the Authority and for the 25
conduct of business at those meetings is, subject to this Act and the 26
regulations, to be as determined by the Authority. 27
10 Quorum 28
The quorum for a meeting of the Authority is a majority of its members. 29
11 Presiding member 30
(1) The Chairperson (or, in the absence of the Chairperson, another member 31
elected as chairperson for the meeting by the members present) is to 32
preside at a meeting of the Authority. 33
(2) The presiding member has a deliberative vote and, in the event of an 34
equality of votes, has a second or casting vote. 35
Page 44
Combat Sports Bill 2008
Constitution and procedure of the Authority Schedule 1
12 Voting 1
A decision supported by a majority of the votes cast at a meeting of the 2
Authority at which a quorum is present is the decision of the Authority. 3
13 Minutes 4
The Authority must cause full and accurate minutes to be kept of the 5
proceedings of each meeting of the Authority. 6
14 Transaction of business outside meetings or by telecommunication 7
(1) The Authority may, if it thinks fit, transact any of its business by the 8
circulation of papers among all the members of the Authority for the 9
time being, and a resolution in writing approved in writing by a majority 10
of those members is taken to be a decision of the Authority. 11
(2) The Authority may, if it thinks fit, transact any of its business at a 12
meeting at which members (or some members) participate by telephone, 13
closed-circuit television or other means, but only if any member who 14
speaks on a matter before the meeting can be heard by the other 15
members. 16
(3) For the purposes of: 17
(a) the approval of a resolution under subclause (1), or 18
(b) a meeting held in accordance with subclause (2), 19
the Chairperson and each member have the same voting rights as they 20
have at an ordinary meeting of the Authority. 21
(4) A resolution approved under subclause (1) is, subject to the regulations, 22
to be recorded in the minutes of the meetings of the Authority. 23
(5) Papers may be circulated among the members for the purposes of 24
subclause (1) by facsimile or other transmission of the information in 25
the papers concerned. 26
15 First meeting 27
The Minister may call the first meeting of the Authority in such manner 28
as the Minister thinks fit. 29
Page 45
Combat Sports Bill 2008
Schedule 2 Amendments
Schedule 2 Amendments 1
(Section 76) 2
2.1 Administrative Decisions Tribunal Act 1997 No 76 3
[1] Schedule 2, Part 4, Division 2, clause 2 Functions allocated to Division 4
Omit "Boxing and Wrestling Control Act 1986". 5
Insert instead "Combat Sports Act 2008". 6
[2] Schedule 2, Part 4, Division 3, clause 3 Combat Sports Act 2008 7
(Reviewable decisions) 8
Omit "section 28 of the Boxing and Wrestling Control Act 1986". 9
Insert instead "section 59 of the Combat Sports Act 2008". 10
2.2 Combat Sports Act 2008 11
[1] Section 71 Nature of proceedings for offences 12
Omit section 71 (1) (a). Insert instead: 13
(a) summarily before the Local Court, or 14
[2] Section 71 (2) 15
Omit "a Local Court". Insert instead "the Local Court". 16
Page 46
Combat Sports Bill 2008
Savings and transitional provisions Schedule 3
Schedule 3 Savings and transitional provisions 1
(Section 77) 2
Part 1 General 3
1 Regulations 4
(1) The regulations may contain provisions of a savings or transitional 5
nature consequent on the enactment of the following Acts: 6
this Act 7
(2) Any such provision may, if the regulations so provide, take effect from 8
the date of assent to the Act concerned or a later date. 9
(3) To the extent to which any such provision takes effect from a date that 10
is earlier than the date of its publication in the Gazette, the provision 11
does not operate so as: 12
(a) to affect, in a manner prejudicial to any person (other than the 13
State or an authority of the State), the rights of that person 14
existing before the date of its publication, or 15
(b) to impose liabilities on any person (other than the State or an 16
authority of the State) in respect of anything done or omitted to 17
be done before the date of its publication. 18
Part 2 Provisions consequent on enactment of this 19
Act 20
2 Definition 21
In this Part: 22
the former Act means the Boxing and Wrestling Control Act 1986. 23
3 General provision 24
Subject to this Schedule, anything done or omitted to be done or 25
commenced to be done under or in relation to a provision of the former 26
Act is taken to have been done or omitted or commenced to be done 27
under or in relation to the corresponding provision of this Act. 28
4 References to Boxing Authority 29
A reference (however expressed) in any Act or statutory instrument, or 30
any other instrument, or any contract or agreement to the Boxing 31
Authority of New South Wales is taken to be or to include a reference 32
to the Combat Sports Authority of New South Wales. 33
Page 47
Combat Sports Bill 2008
Schedule 3 Savings and transitional provisions
5 Members of Boxing Authority 1
A person holding office as a member of the Boxing Authority 2
immediately before the commencement of section 60: 3
(a) ceases to hold office as a member of the Boxing Authority on that 4
commencement, and 5
(b) does not become a member of the Combat Sports Authority 6
whether by virtue of clause 4 or otherwise, 7
but is eligible (if otherwise qualified) to be appointed as a member of 8
the Combat Sports Authority. 9
6 Registration of boxers 10
(1) A person registered under Part 3 of the former Act as a boxer 11
immediately before the commencement of Part 2 of this Act is taken to 12
be correspondingly registered under Part 2 of this Act as a combatant: 13
(a) for the balance of the period for which the person was registered 14
under the former Act had this Act not been enacted, and 15
(b) for such further period (if any) not exceeding 12 months as may 16
be specified by the Authority in relation to the person or class of 17
persons to which the person belongs, 18
unless it sooner expires under this clause or is sooner cancelled under 19
this Act. 20
(2) The registration provided by this clause expires when registration is 21
granted under Part 2 of this Act to the person as a combatant of the 22
corresponding prescribed class. 23
(3) The registration provided by this clause is otherwise subject to the 24
provisions of this Act (including, for example, provisions relating to the 25
suspension of registration and the imposition of conditions on 26
registration, but excluding section 11 and any other inconsistent 27
provision). 28
7 Registration of industry participants 29
(1) A person registered under Part 4 of the former Act as an industry 30
participant immediately before the commencement of Part 3 of this Act 31
is taken to be correspondingly registered under Part 3 of this Act as an 32
industry participant: 33
(a) for the balance of the period for which the person was registered 34
under the former Act had this Act not been enacted, and 35
Page 48
Combat Sports Bill 2008
Savings and transitional provisions Schedule 3
(b) for such further period (if any) not exceeding 12 months as may 1
be specified by the Authority in relation to the person or class of 2
persons to which the person belongs, 3
unless it sooner expires under this clause or is sooner cancelled under 4
this Act. 5
(2) The registration provided by this clause expires when registration is 6
granted under Part 3 of this Act to the person as an industry participant 7
of the corresponding prescribed class. 8
(3) The registration provided by this clause is otherwise subject to the 9
provisions of this Act (including, for example, provisions relating to the 10
suspension of registration and the imposition of conditions on 11
registration, but excluding section 27 and any other inconsistent 12
provision). 13
8 Other provisions relating to registration 14
(1) A requirement to show cause made under section 11 (1) of the former 15
Act (not earlier than 14 days before the commencement of section 13 of 16
this Act) is taken to be a requirement made under section 13 (3) of this 17
Act. 18
(2) A requirement to show cause made under section 23 (1) of the former 19
Act (not earlier than 14 days before the commencement of section 29 of 20
this Act) is taken to be a requirement made under section 29 (3) of this 21
Act. 22
(3) A cancellation or suspension of registration under section 11 of the 23
former Act, or a reduction of the period of a registration under section 24
11 (2) (c) of that Act, that affected any person immediately before the 25
commencement of section 13 of this Act continues to affect the person 26
as if it were a cancellation, suspension or reduction effected under 27
section 13 of this Act. 28
(4) A cancellation or suspension of registration under section 23 of the 29
former Act that affected any person immediately before the 30
commencement of section 29 of this Act continues to affect the person 31
as if it were a cancellation or suspension effected under section 29 of 32
this Act. 33
9 Medical record book 34
A medical record book issued under the former Act is taken to be a 35
medical record book issued under this Act. 36
Page 49
Combat Sports Bill 2008
Schedule 3 Savings and transitional provisions
10 Weigh-ins 1
A weigh-in conducted in accordance with the former Act before the 2
commencement of section 38 of this Act, in connection with a boxing 3
contest held on or after the commencement of that section, is taken to 4
have been carried out in accordance with any applicable regulations. 5
11 Definition of "professional combat sport contest"--earlier events 6
(1) This clause has effect for the purposes of paragraph (b) of the definition 7
of professional combat sport contest in section 3 (1). 8
(2) The reference in that paragraph to an earlier event includes an event 9
conducted while the former Act was in force, where the event was a 10
boxing contest as defined in the former Act. The reference does not 11
otherwise include an earlier event held while the former Act was in 12
force. 13
12 Disqualification 14
A reference in section 57 to a person who has been registered under this 15
Act includes a reference to a person who has been registered under the 16
former Act. 17
Page 50
[Index] [Search] [Download] [Related Items] [Help]