Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

The object of this Bill is to replace the Boxing and Wrestling Control Act 1986 (the
repealed Act) with legislation that provides for the regulation of the conduct of
professional combat sports, and wrestling and amateur combat sport contests, and in
particular:

(a) to enable regulations to be made extending the definition of combat sport to
cover combative sports in addition to fist fighting and kick boxing, which are
already covered by the repealed Act, thereby widening the ambit of the
proposed Act, and

(b) to replace the Boxing Authority of New South Wales with a new body to be
called the Combat Sports Authority of New South Wales (the Authority), and

(c) to enable the Authority to control the industry by an enhanced system of
registration of combatants (including, for example, boxers) and other industry
participants (including, for example, promoters and trainers), and

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(d) to provide a series of controls through the registration system, including by
way of the following:

        (i) registration of combatants and other industry participants on a
permanent rather than an annual basis,
        (ii) imposing conditions on registration,
        (iii) imposing fines,
        (iv) suspension or cancellation of registration, and

(e) to provide an additional control by empowering the Authority to disqualify
persons from participating in activities relating to the industry, and

(f) to remove the prohibition on women from registration as boxers and taking
part in boxing contests, and

(g) to increase the penalties for certain offences.

The heading to various clauses of the Bill refers to corresponding sections or other
provisions of the repealed Act (“cf 1986 Act s...”). However, this indicates that the
general subject matter is dealt with in the corresponding section or other provision,
and does not indicate that the subject matter is dealt with in the same or a similar
manner.

Outline of provisions

Part 1 Preliminary
Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of the proposed Act on a day or days to be
appointed by proclamation.

Clause 3 defines certain words and expressions used in the proposed Act, including
the following:

(a) combat sport covers fist fighting; kick boxing; activities prescribed by the
regulations; and sparring in any of those styles,

(b) combatant covers a contestant at a professional combat sport contest,

(c) industry participant covers anyone engaged in a profession, occupation or
business relating to a combat sport,

(d) professional combat sport contest covers a combat sport contest for a
monetary prize; a combat sport contest otherwise than for a monetary prize
where a contestant has been at any time a participant in a contest for a
monetary prize; a combat sport contest for gain or reward that the Authority
determines is to be treated as a professional combat sport contest under clause
4; and an event of a class prescribed by the regulations,

(e) amateur combat sport contest covers a combat sport contest other than a
professional combat sport contest,

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(f) wrestling contest covers a contest, display or exhibition of wrestling, whether
or not for a monetary prize or other reward.

Clause 4 specifies the manner and circumstances in which the Authority may
determine that a proposed or advertised contest, display or exhibition of a combat
sport should be treated as a professional combat sport contest for the purposes of the
proposed Act.

Part 2 Registration of combatants
Division 1 Registration
Clause 5 makes it an offence for an unregistered combatant to engage in a
professional combat sport contest.

Clause 6 makes it a disciplinary breach attracting a fine for a registered combatant
to engage in a professional combat sport contest if the combatant is not registered as
a combatant of the relevant class.

Clause 7 provides for classes of combatants to be prescribed for registration
purposes. These are referred to as prescribed classes.

Clause 8 provides for applications to be made by persons aged 18 or over to be
registered as a combatant of a prescribed class. An application must be accompanied
by a medical certificate of fitness and the prescribed fee.

Clause 9 provides for the determination of an application for registration as a
combatant of a prescribed class, by grant or refusal of registration by the Authority.

Clause 10 permits the Authority to impose conditions on registration as a combatant,
for health and safety reasons and for other prescribed reasons.

Clause 11 provides that registration as a combatant remains in force indefinitely,
until cancelled. However, provision is made for registration for a fixed period for
health and safety reasons.

Clause 12 requires registered combatants to forward annual returns to the Authority.

An annual return is to be accompanied by a medical certificate of fitness and the
prescribed fee.

Clause 13 sets out a show cause scheme for regulating registered combatants. This
includes making an order to pay a fine for certain contraventions, imposing a
condition on registration, suspending registration and cancelling registration.

Clause 14 provides for regulating registered combatants for health or safety reasons
without using the show cause process. This includes imposing a condition on
registration, suspending registration or cancelling registration.

Clause 15 provides that, if the registration of a combatant of a prescribed class is
suspended, the combatant remains registered but is prevented from engaging in a
professional combat sport contest as a combatant of that class.

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Clause 16 authorises the Authority to lift the suspension of the registration of a
combatant if satisfied that it is appropriate to do so.

Clause 17 requires the Authority to keep a register of combatants.

Division 2 Medical record books and cards
Clause 18 requires the Authority to issue medical record books to registered
combatants.

Clause 19 empowers the regulations to make provision for medical record books and
medical record cards for registered combatants. These matters were dealt with in the
repealed Act.

Part 3 Registration of industry participants
Clause 20 makes it an offence for an unregistered industry participant to carry on the
business of, or be employed as, an industry participant.

Clause 21 makes it a disciplinary breach attracting a fine for a registered industry
participant to carry on the business of, or be employed as, an industry participant of
a prescribed class if the registered industry participant is not registered as an industry
participant of that class.

Clause 22 provides for classes of industry participants to be prescribed for
registration purposes. These are referred to as prescribed classes.

Clause 23 provides for applications to be made by persons to be registered as an
industry participant of a prescribed class. An application must be accompanied by the
prescribed fee.

Clause 24 provides for the determination of an application for registration as an
industry participant of a prescribed class, by grant or refusal of registration by the
Authority.

Clause 25 authorises regulations to be made prescribing conditions with which an
applicant for registration as an industry participant must comply before being
registered (for example, a condition requiring the applicant to have successfully
completed a course of training).

Clause 26 permits the Authority to impose conditions on registration as an industry
participant for prescribed reasons.

Clause 27 provides that registration as an industry participant remains in force
indefinitely, unless cancelled.

Clause 28 requires registered industry participants to forward annual returns to the
Authority. An annual return is to be accompanied by the prescribed fee.

Clause 29 sets out a show cause scheme for regulating registered industry
participants. This includes making an order to pay a fine for certain contraventions,
imposing a condition on registration, suspending registration or cancelling
registration.

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Clause 30 provides that, if the registration of an industry participant of a prescribed
class is suspended, the industry participant remains registered but is prevented from
carrying on the business of, or being employed as, an industry participant.

Clause 31 authorises the Authority to lift the suspension of the registration of an
industry participant if satisfied that it is appropriate to do so.

Clause 32 requires the Authority to keep a register of industry participants.

Part 4 Professional combat sport contests
Division 1 Permit to promote professional combat sport
contest
Clause 33 has the effect that a single permit can be granted for an event that consists
of two or more professional combat sport contests, as well as for an event that
consists of only one such contest.

Clause 34 makes it an offence for an unregistered person, and a disciplinary breach
attracting a fine for a registered person, to promote a professional combat sport
contest without a permit.

Clause 35 provides for an application to be made by a promoter for a permit to
promote a professional combat sport contest. An application must be accompanied
by the prescribed fee and be made not less than 21 days before the date of the
proposed contest.

Clause 36 provides for the determination of an application for a permit, by the grant
of or refusal to grant a permit by the Authority.

Clause 37 requires the Authority to notify the Commissioner of Police of the grant
of a permit.

Division 2 General regulation of professional combat sport
contests
Clause 38 authorises regulations to be made concerning the conduct of professional
combat sport contests, and in particular for the health and safety of combatants.

Provision may be made requiring weigh-ins to be held, requiring a combat sport
inspector to be present at a weigh-in and contest, and requiring a medical practitioner
to be present at a contest (including any weigh-in immediately before the contest).

Division 3 Health and safety of combatants at professional
combat sport contests
The proposed Division contains particular provisions for the protection of the health
and safety of combatants at professional combat sport contests.

Clause 39 requires a combatant to request and undergo a medical examination
within 24 hours before the start of a professional combat sport contest in which the
combatant is to participate.

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Clause 40 authorises the Authority to require a combatant to undergo medical
examinations.

Clause 41 sets out functions of a medical practitioner carrying out a medical
examination referred to in clauses 39 and 40.

Clause 42 requires a combatant not to engage in a particular contest, or contests or
sparring before a specified date, if a medical certificate given under clause 40 or 41
so recommends.

Clause 43 makes it an offence for a promoter to permit a combatant to engage in a
contest if the combatant has not undergone the medical examination referred to in
clause 39.

Clause 44 requires a promoter to examine a combatant’s medical record book before
a contest.

Clause 45 makes it an offence for a promoter to permit a combatant to engage in a
contest if a medical practitioner has certified that the combatant is not medically fit
to engage in the contest.

Clause 46 requires a combatant to undergo a medical examination after a contest.

Clause 47 requires a promoter to arrange a medical examination after a contest
where a combatant is rendered unconscious or not able to undergo the medical
examination referred to in clause 46.

Clause 48 sets out functions of a medical practitioner carrying out a medical
examination referred to in clauses 46 and 47.

Clause 49 requires a combatant not to engage in contests or sparring if a medical
certificate given under clause 48 so recommends.

Division 4 Record of professional combat sport contest
Clause 50 provides for a contest result sheet to be prepared by a combat sport
inspector and a medical practitioner present at a professional combat sport contest.

Clause 51 requires the contest result sheet to be sent to the Authority.

Division 5 Prohibition of professional combat sport contests
at certain places
Clause 52 makes it an offence for an unregistered person, and a disciplinary breach
attracting a fine for a registered person, to promote or engage in a professional
combat sport contest at a place, or place of a class or description, prescribed by the
regulations.

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Part 5 Amateur combat sport contests, and amateur
and professional wrestling contests
Clause 53 states that the proposed Part applies to amateur combat sport contests and
to wrestling contests held for public entertainment. However, the proposed Part does
not apply to a wrestling contest that is a professional combat sport contest.

Clause 54 makes it an offence for an unregistered person, and a disciplinary breach
attracting a fine for a registered person, to promote an amateur combat sport contest
or a wrestling contest without a permit.

Clause 55 provides for an application to be made to the Minister for a permit to
promote an amateur combat sport contest or wrestling contest. An application must
be made not less than 21 days before the date of the proposed contest.

Clause 56 provides for the determination by the Minister of an application for a
permit, by the grant or refusal to grant a permit (this power may be delegated).

Part 6 Disqualification
Clause 57 provides a show cause scheme for the disqualification of registered
persons or previously registered persons from participating in classes of activities
specified by the Authority relating to combat sports, sparring or wrestling.

Clause 58 makes it an offence for an unregistered person, and a disciplinary breach
attracting a fine for a registered person, to participate in an activity specified in an
order of disqualification applying to the person.

Part 7 Review by Administrative Decisions Tribunal
Clause 59 permits a person to apply to the Administrative Decisions Tribunal for a
review of a decision made under the Act and specified in the clause. Consequential
amendments are made to the Administrative Decisions Tribunal Act 1997 for this
purpose (see clause 76 and Schedule 2).

Part 8 Combat Sports Authority
Clause 60 constitutes the Combat Sports Authority of New South Wales. The
Authority is a corporation that is subject to the control and direction of the Minister
(except as regards the contents of reports or recommendations to the Minister). The
Authority is to consist of between 7 and 9 part-time members appointed by the
Governor. One of the members is to be appointed as Chairperson, and one is to be a
medical practitioner. Schedule 1 contains provisions relating to the constitution and
procedure of the Authority.

Part 9 Miscellaneous
Clause 61 empowers the Authority to appoint combat sport inspectors, and to
authorise a member or members of the Authority to exercise functions of a combat

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sport inspector. The clause enables regulations to be made authorising police officers
to exercise functions of a combat sport inspector.

Clause 62 provides for the delegation of functions of the Minister and the Authority
under the proposed Act.

Clause 63 deals with the service of documents on and by the Authority.

Clause 64 provides for the recovery of fines, fees or other money by the Authority
as a debt.

Clause 65 provides for certificate evidence of certain matters to be given.

Clause 66 provides that proof is not required for certain matters relating to the
constitution, resolutions, membership and quorum of the Authority.

Clause 67 protects members of the Authority and persons acting under the direction
of the Authority from personal liability for anything done by the Authority, a member
or such a person in good faith.

Clause 68 enables the Authority to enter into arrangements with sporting bodies and
law enforcement agencies in Australia and elsewhere for the supply of information
relating to registration and other matters.

Clause 69 empowers the Authority to exempt persons who are not ordinarily
residents of New South Wales from the operation of the proposed Act or from
provisions of the proposed Act specified by the Authority.

Clause 70 provides for a director or manager of a corporation to be personally liable
in certain circumstances for offences committed by the corporation.

Clause 71 provides for offences under the proposed Act or the regulations to be dealt
with summarily by a Local Court or the Supreme Court.

Clause 72 authorises the Minister to approve forms for the purposes of the proposed
Act (this function can be delegated).

Clause 73 authorises the Governor to make regulations for the purposes of the
proposed Act, including regulations providing for exemptions and any matter for
which rules may be made.

Clause 74 authorises the Authority to make rules for or with respect to any aspect of
professional engagement in combat sports in New South Wales.

Clause 75 repeals the Boxing and Wrestling Control Act 1986.

Clause 76 is a formal provision giving effect to the amendments set out in
Schedule 2.

Clause 77 is a formal provision giving effect to the savings and transitional
provisions set out in Schedule 3.

Clause 78 provides for the proposed Act to be reviewed after the period of 5 years
after the date of assent to it.

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Schedule 1 Constitution and procedure of the
Authority
Schedule 1 contains provisions relating to the constitution and procedure of the
Authority.

Schedule 2 Amendments
Schedule 2 contains consequential amendments to the Administrative Decisions
Tribunal Act 1997, and amendments to the proposed Act to replace references to a
Local Court with references to the Local Court, consequential on the commencement
of the Local Court Act 2007.

Schedule 3 Savings and transitional provisions
Schedule 3 contains savings and transitional provisions consequent on the enactment
of the proposed Act, including provisions for the transition from annual to indefinite
registration of existing registered persons.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

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