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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Professional Boxing and Martial Arts (Amendment)
Act 2000
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. Change of name of Act 2
4. Change to purpose provision 2
5. Changes to definitions 2
6. Insertion of section 5A 4
5A. Recognition of amateur associations 4
7. Minor consequential amendments 4
8. Removal of requirement to register twice 5
9. Insertion of section 14A 5
14A. Immunity 5
10. Minor amendment 5
11. Insertion of Part VIII 6
PART VIII--TRANSITIONAL AND SAVINGS
PROVISIONS 6
24. Change to references to Act name 6
25. Effect of change to Board's name 6
26. Single registrations become dual registrations 6
27. Former martial art becomes a combat sport 7
28. Recognition of former named associations 7
ENDNOTES 8
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541141B.A1-4/4/2001 BILL LA AS SENT 4/4/2001
PARLIAMENT OF VICTORIA
Initiated in Assembly 1 November 2000
As amended by Assembly 3 April 2001
A BILL
to amend the Professional Boxing and Martial Arts Act 1985 and
for other purposes.
Professional Boxing and Martial Arts
(Amendment) Act 2000
The Parliament of Victoria enacts as follows:
1. Purposes
The main purposes of this Act are--
(a) to rename the Professional Boxing and
Martial Arts Act 1985 as the Professional
5 Boxing and Combat Sports Act 1985; and
(b) to enable a person registering as a contestant
under that Act to be able to compete in both
boxing and combat sports; and
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Professional Boxing and Martial Arts (Amendment) Act 2000
s. 2
Act No.
(c) to provide statutory immunity to members of
the Professional Boxing and Martial Arts
Board for acts done in good faith.
2. Commencement
5 This Act comes into operation on the day after the
day on which it receives the Royal Assent.
3. Change of name of Act
In section 1 of the Professional Boxing and
Martial Arts Act 1985, for "Professional
10 Boxing and Martial Arts Act 1985" substitute
"Professional Boxing and Combat Sports Act
1985".
4. Change to purpose provision
In section 3 of the Professional Boxing and
15 Martial Arts Act 1985, for "martial arts" insert
"combat sports".
5. Changes to definitions
In section 5 of the Professional Boxing and
Martial Arts Act 1985--
20 (a) insert the following definitions--
' "combat sport" means--
(a) kickboxing; or
(b) any sport or activity (other than
boxing) in which each contestant
25 in a contest or exhibition of that
sport or activity is required to
strike, kick, hit, grapple with,
throw or punch the other
contestant, and that is determined
30 by the Minister to be a combat
sport for the purposes of this Act;
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Professional Boxing and Martial Arts (Amendment) Act 2000
s. 5
Act No.
"professional combat sport contest"
means any contest or exhibition of a
combat sport--
(a) that is conducted for profit; or
5 (b) in which the contestants
participate for a monetary reward;
or
(c) to which the public is admitted on
the payment of a fee for
10 admission, except if the fee is
charged--
(i) for a public charitable
purpose; or
(ii) for the purposes of the
15 administration of an amateur
combat sport association
recognised by the Minister
under section 5A;';
(b) in the definition of "Board", for "Martial
20 Arts" substitute "Combat Sports";
(c) in the definitions of "gymnasium",
"professional contest" and "professional
contestant", for "martial art" substitute
"combat sport";
25 (d) the definition of "martial art" is repealed;
(e) in the definition of "professional boxing
contest", for paragraph (c)(ii) substitute--
"(ii) for an event that is organised by, or
under the control of, an amateur boxing
30 association recognised by the Minister
under section 5A;";
(f) the definition of "professional martial art
contest" is repealed.
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Act No.
6. Insertion of section 5A
After section 5 of the Professional Boxing and
Martial Arts Act 1985 insert--
'5A. Recognition of amateur associations
5 (1) The Minister may, by notice in writing--
(a) for the purposes of paragraph (c)(ii) in
the definition of "professional boxing
contest", recognise an amateur boxing
association;
10 (b) for the purposes of paragraph (c)(ii) in
the definition of "professional combat
sport contest", recognise an amateur
combat sport association.
(2) The Minister must not recognise an
15 association under sub-section (1) unless the
Board has advised the Minister that the
association is suitable for recognition.
(3) The Minister may withdraw the recognition
of an association for the relevant purpose
20 described in sub-section (1) by notice in
writing published in the same way that the
notice granting the association recognition
was published.'.
7. Minor consequential amendments
25 In the Professional Boxing and Martial Arts
Act 1985--
(a) in section 8(2)(a), for "martial art"
substitute "combat sport";
(b) in the heading to Division 5 of Part 2, for
30 "and Martial Arts" substitute "and Combat
Sports";
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Professional Boxing and Martial Arts (Amendment) Act 2000
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Act No.
(c) in section 14(1), for "Martial Arts"
substitute "Combat Sports";
(d) in section 14(2A), for "of the martial arts"
substitute "combat sports".
5 8. Removal of requirement to register twice
(1) Section 10A(2)(b) of the Professional Boxing
and Martial Arts Act 1985 is repealed.
(2) In sections 10A(2)(d) and 10C of the Professional
Boxing and Martial Arts Act 1985, for "boxing
10 or participation in martial art" substitute
"participation in professional".
9. Insertion of section 14A
After section 14 of the Professional Boxing and
Martial Arts Act 1985 insert--
15 "14A. Immunity
(1) A member of the Board is not personally
liable for anything done or omitted to be
done in good faith--
(a) in the exercise of a power or the
20 discharge of a duty under this Act; or
(b) in the reasonable belief that the act or
omission was in the exercise of a power
or the discharge of a duty under this
Act.
25 (2) Any liability resulting from an act or
omission that would but for sub-section (1)
attach to a member of the Board attaches
instead to the State.".
10. Minor amendment
30 In section 15(1) of the Professional Boxing and
Martial Arts Act 1985, for "Development"
substitute "and Regional Development".
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Act No.
11. Insertion of Part VIII
After Part VII of the Professional Boxing and
Martial Arts Act 1985 insert--
'PART VIII--TRANSITIONAL AND SAVINGS
5 PROVISIONS
24. Change to references to Act name
Any reference to the Professional Boxing
and Martial Arts Act 1985 in any Act,
subordinate instrument, agreement or other
10 document is to be read as a reference to the
Professional Boxing and Combat Sports
Act 1985, unless the contrary intention
appears.
25. Effect of change to Board's name
15 For all relevant legal purposes, the Board is
to be taken to be the same body as it was
immediately before its name was changed by
section 7(c) of the Professional Boxing and
Martial Arts (Amendment) Act 2000, and
20 no matter or thing is to be affected because
of that change.
26. Single registrations become dual
registrations
(1) This section applies if, immediately before
25 the Professional Boxing and Martial Arts
(Amendment) Act 2000 came into
operation, a person was registered under this
Act to compete in professional boxing
contests or in professional martial art
30 contests.
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(2) The registration of the person is to be treated
as if it was a registration for the person to
compete in professional contests.
27. Former martial art becomes a combat sport
5 (1) Kyokushin Karate is to be treated as if it had
been determined by the Minister to be a
combat sport for the purposes of this Act
under paragraph (b) of the definition of
"combat sport".
10 (2) The Minister may, by notice published in the
Government Gazette, withdraw the
determination that Kyokushin Karate is a
combat sport for the purposes of this Act.
28. Recognition of former named associations
15 The Victorian Amateur Boxing Association
and Amateur Boxing Australia are to be
treated as if they had been recognised as
amateur boxing associations by the Minister
under section 5A(1)(a).'.
20
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Professional Boxing and Martial Arts (Amendment) Act 2000
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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