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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Boxing Control Amendment Bill 2001
CONTENTS
1. Short title 1
2. Commencement 2
3. The Act amended 2
4. Long title amended 2
5. Section 1 -- short title amended 2
6. Section 3 amended 2
7. Part II heading replaced 4
8. Section 4 amended 4
9. Section 10 amended 5
10 . Section 12 amended and savings 6
11 . Part III heading replaced 7
12 . Section 20 amended 7
13 . Section 23 amended 7
14 . Section 24 replaced 8
15 . Section 32 amended 8
16 . Part VII heading replaced 8
17 . Section 44 amended 9
18 . Section 47 amended 9
19 . Section 48 amended 10
20 . Section 49 replaced 11
21 . Section 50 replaced 12
22 . Section 51 amended 12
23 . Section 53 replaced 13
24 . Section 62 amended 14
25 . Section 63 repealed 14
26 . Section 64 repealed 14
27 . Section 65 repealed 14
28 . Various references to "boxer" and "boxers" amended
to "contestant" and "contestants" 15
29 . Various references to boxing amended 16
page i
45--1
Boxing Control Amendment Bill 2001
Contents
30 . Transitional provision in relation to certain
registrations 16
31 . Financial Administration and Audit Act 1985
amended 16
page ii
Western Australia
LEGISLATIVE ASSEMBLY
Boxing Control Amendment Bill 2001
A Bill for
An Act to amend the Boxing Control Act 1987.
The Parliament of Western Australia enacts as follows:
1. Short title
This Act may be cited as the Boxing Control Amendment
Act 2001.
page 1
Boxing Control Amendment Bill 2001
s. 2
2. Commencement
This Act comes into operation on a day fixed by proclamation.
3. The Act amended
The amendments in this Act, except in section 31, are to the
5 Boxing Control Act 1987*.
[* Act No. 2 of 1987.
For subsequent amendments see 2000 Index to Legislation of
Western Australia, Table 1, p. 40.]
4. Long title amended
10 The long title is amended by deleting "boxing" and inserting
instead --
" combat sports ".
5. Section 1 -- short title amended
Section 1 is amended by deleting "Boxing Control" and
15 inserting instead --
" Professional Combat Sports ".
6. Section 3 amended
Section 3 is amended as follows:
(a) by deleting the definition of "boxer";
20 (b) by deleting the definition of "boxing contest" and
inserting the following definition instead --
"
"combat sport" means --
(a) boxing; or
25 (b) any other martial art, sport or activity
prescribed by the regulations in which the
primary objective of a participant in a contest
page 2
Boxing Control Amendment Bill 2001
s. 6
or exhibition of the martial art, sport or activity
is to strike, kick, hit, grapple with, throw or
punch another participant;
";
5 (c) by inserting after the definition of "Commission" the
following definitions --
"
"contest" means a contest or exhibition of a combat
sport in which a contestant participates, but does
10 not include --
(a) a contest or exhibition that is not for public
entertainment;
(b) a prescribed contest or exhibition; or
(c) a contest or exhibition for a prescribed prize
15 of nominal or low monetary value;
"contestant" means a person who participates in a
combat sport for a monetary prize or other reward
or payment in money or money's worth;
";
20 (d) in the definition of "industry participant" --
(i) by deleting "boxer" and inserting instead --
" contestant ";
(ii) by deleting "boxing" and inserting instead --
" a professional combat sport ";
25 (e) by deleting the definition of "registered" and inserting
the following definitions instead --
"
"professional combat sport" means a combat sport to
the extent to which it is participated in by
30 contestants;
page 3
Boxing Control Amendment Bill 2001
s. 7
"registered" --
(a) in relation to a contestant, means registered
under section 17;
(b) in relation to an industry participant, means
5 registered under section 27;
"sham contest" means a contest in which the
contestants in the contest are stalling or posturing
or pretending or feigning to fight or otherwise
compete.
10 ".
7. Part II heading replaced
The heading to Part II is deleted and the following heading is
inserted instead --
"
15 Part II -- Professional Combat
Sports Commission
".
8. Section 4 amended
(1) Section 4(1) is amended by deleting "Western Australian
20 Boxing" and inserting instead --
" Professional Combat Sports ".
(2) Section 4(2) is amended by deleting "6" and inserting instead --
" 8 ".
(3) Section 4(2)(a) is amended as follows:
25 (a) by deleting "5" and inserting instead --
" 7 ";
(b) at the end of subparagraph (iv) by deleting "and";
page 4
Boxing Control Amendment Bill 2001
s. 9
(c) by deleting subparagraph (v) and "and" after it and
inserting instead --
"
(v) one person shall be a person who in the
5 opinion of the Minister has knowledge
of the industry relating to combat sports
other than boxing;
(vi) one person shall be a person who in the
opinion of the Minister represents
10 persons who are or have been registered
as contestants in a class relevant to
boxing; and
(vii) one person shall be a person who in the
opinion of the Minister represents
15 persons who are or have been registered
as contestants in a class other than a
class relevant to boxing;
and
".
20 (4) Section 4(4) is amended by deleting "or (iv)" and inserting
instead --
" , (iv), (v), (vi) or (vii) ".
9. Section 10 amended
(1) Section 10(1)(b) is amended by deleting "boxing" and inserting
25 instead --
" professional combat sports ".
page 5
Boxing Control Amendment Bill 2001
s. 10
(2) Section 10(1)(c) is amended by deleting "boxing and any matter
that is connected with or incidental to boxing" and inserting
instead --
"
5 professional combat sports and any matter that
is connected with or incidental to professional
combat sports
".
(3) Section 10(1)(d) is amended by deleting "engaging in or
10 proposing to engage in boxing" and inserting instead --
"
participating in or proposing to participate in a
professional combat sport
".
15 (4) Section 10(2) is amended by deleting "boxing or any other
matters connected with or incidental to boxing" and inserting
instead --
"
a professional combat sport or any other matters
20 connected with or incidental to a professional combat
sport
".
10. Section 12 amended and savings
(1) Section 12(1) is amended by deleting "Western Australian
25 Boxing" and inserting instead --
" Professional Combat Sports ".
(2) The Professional Combat Sports Commission Account is a
continuation of the fund of the Commission called the Western
Australian Boxing Commission Account immediately before the
30 commencement of this Act.
page 6
Boxing Control Amendment Bill 2001
s. 11
11. Part III heading replaced
The heading to Part III is deleted and the following heading is
inserted instead --
" Part III -- Registration of contestants ".
5 12. Section 20 amended
(1) Section 20(1) is amended as follows:
(a) by deleting "section 19" and inserting instead --
" section 19(2) ";
(b) after paragraph (b) by deleting "and" and inserting --
10 "
(ba) has not participated in a sham contest; and
".
(2) Section 20(2) is amended by deleting "subsection (1)" and
inserting instead --
15 " section 19(2) ".
13. Section 23 amended
Section 23(1) is amended as follows:
(a) after paragraph (b) by deleting "or";
(b) after paragraph (c) by deleting the comma and
20 inserting --
"
; or
(ca) has participated in a sham contest,
".
page 7
Boxing Control Amendment Bill 2001
s. 14
14. Section 24 replaced
Section 24 is repealed and the following section is inserted
instead --
"
5 24. Offence to participate in contests if unregistered etc.
A person shall not participate in a contest in a
particular class of combat sport --
(a) if the person is not registered as a contestant of
that class; or
10 (b) while the person's registration as a contestant
of that class is suspended under section 23.
Penalty: $1 000 or imprisonment for 6 months or both.
".
15. Section 32 amended
15 Section 32(1) is amended as follows:
(a) after paragraph (a) by deleting "and";
(b) after paragraph (b) by deleting the comma and
inserting --
"
20 ; and
(c) has not promoted or arranged a sham contest,
".
16. Part VII heading replaced
The heading to Part VII is deleted and the following heading is
25 inserted instead --
" Part VII -- Contests ".
page 8
Boxing Control Amendment Bill 2001
s. 17
17. Section 44 amended
Section 44(1) is amended by inserting after "days" --
"
, or such lesser period as is approved by the
5 Commission,
".
18. Section 47 amended
(1) Section 47(2) is repealed and the following subsection is
inserted instead --
10 "
(2) A person shall not --
(a) participate in or agree to participate in a sham
contest; or
(b) promote or arrange a sham contest.
15 Penalty: $2 000 or imprisonment for 12 months or
both.
".
(2) Section 47(5) is repealed and the following subsection is
inserted instead --
20 "
(5) Where the Commission after an inquiry under
subsection (4) is satisfied that a contest is a sham
contest the Commission may order that any money or
money's worth paid or payable to a contestant or
25 industry participant who, in the opinion of the
Commission, has participated in, promoted or arranged
the contest be paid to the Commission and if not so
paid may be recovered by the Commission in any court
of competent jurisdiction.
30 ".
page 9
Boxing Control Amendment Bill 2001
s. 19
(3) Subsection 47(6) is amended by inserting after
"subsection (1)" --
" or (2) ".
(4) Section 47(7) is repealed.
5 19. Section 48 amended
(1) Section 48(2)(a) is amended by deleting "specified" and
inserting instead --
" approved ".
(2) Section 48(3), (4), (5) and (6) are repealed and the following
10 subsections are inserted instead --
"
(3) The medical practitioner conducting the medical
examination referred to in subsection (2)(d)(i) shall
inform the persons referred to in subsection (2)(b)(i)
15 and (iii) if the medical practitioner is of the opinion
that a contestant should not participate in the proposed
contest because of the contestant's medical condition.
Penalty: $1 000.
(4) A person referred to in subsection (2)(b)(iii) who,
20 under subsection (3), is informed of a medical
practitioner's opinion that a contestant should not
participate in the proposed contest because of the
contestant's medical condition shall ensure that the
contestant does not participate in the contest.
25 Penalty: $2 000.
".
page 10
Boxing Control Amendment Bill 2001
s. 20
20. Section 49 replaced
Section 49 is repealed and the following section is inserted
instead --
"
5 49. Medical practitioner to notify referee at contest if
contestant unfit to participate; and referee to take
action
(1) A medical practitioner approved by the Commission
who is present at a contest shall inform the referee
10 officiating at the contest if the medical practitioner is of
the opinion that --
(a) the contestant should not participate in the
contest because of the contestant's medical
condition; or
15 (b) the contestant should not continue to participate
in the contest because of the contestant's
medical condition.
Penalty: $2 000.
(2) A referee who, under subsection (1), is informed of a
20 medical practitioner's opinion that a contestant should
not participate in, or continue to participate in, the
contest because of the contestant's medical condition
shall ensure that the contestant does not participate in,
or continue to participate in, the contest.
25 Penalty: $2 000.
".
page 11
Boxing Control Amendment Bill 2001
s. 21
21. Section 50 replaced
Section 50 is repealed and the following section is inserted
instead --
"
5 50. Contestants to be weighed-in
A contestant shall not participate in a contest unless he
has submitted himself for a weigh-in in accordance
with section 48.
Penalty: $500.
10 ".
22. Section 51 amended
(1) Section 51(1) is repealed and the following subsection is
inserted instead --
"
15 (1) A person or organisation who or which promotes or
arranges a contest --
(a) shall not permit a contestant to participate in
the contest unless the contestant has attended a
weigh-in under section 48;
20 (b) shall examine the medical record book of a
contestant who proposes to participate in that
contest before the time the contestant proposes
to participate in the contest;
(c) shall not engage a contestant for a contest
25 where the Commission, after considering a
medical report that a contestant is not medically
fit, has directed a contestant not to participate in
the contest.
".
page 12
Boxing Control Amendment Bill 2001
s. 23
(2) Section 51(3) is amended by deleting "the medical practitioner
appointed" and inserting instead --
" a medical practitioner approved ".
(3) Section 51(4) is repealed and the following subsection is
5 inserted instead --
"
(4) A medical practitioner approved by the Commission
shall as soon as is practicable after a contest examine
the contestants who have participated in the contest.
10 ".
23. Section 53 replaced
Section 53 is repealed and the following section is inserted
instead --
"
15 53. Contests prohibited at certain places
A person shall not --
(a) promote or arrange a contest at --
(i) a prescribed place; or
(ii) a place of a prescribed class or
20 description;
(b) participate in a contest at --
(i) a prescribed place; or
(ii) a place of a prescribed class or
description;
25 or
(c) permit or allow a contest at --
(i) a prescribed place; or
page 13
Boxing Control Amendment Bill 2001
s. 24
(ii) a place of a prescribed class or
description.
Penalty: $2 000 or imprisonment for 12 months or
both.
5 ".
24. Section 62 amended
Section 62(2) is repealed and the following subsection is
inserted instead --
"
10 (2) Without limiting subsection (1) regulations may be
made with respect to --
(a) the appointment of, and fees payable to,
officials involved in professional combat
sports;
15 (b) ratings of contestants;
(c) titles for professional combat sports;
(d) contracts between contestants and industry
participants;
(e) rest periods for contestants; and
20 (f) guarantees and other securities to be given by
promoters of contests.
".
25. Section 63 repealed
Section 63 is repealed.
25 26. Section 64 repealed
Section 64 is repealed.
27. Section 65 repealed
Section 65 is repealed.
page 14
Boxing Control Amendment Bill 2001
s. 28
28. Various references to "boxer" and "boxers" amended to
"contestant" and "contestants"
(1) The provisions set out in the Table to this subsection are
amended by deleting "boxer" and inserting instead --
5 " contestant ".
Table
s. 15(1) s. 21(1) (in each place)
s. 15(2) (in each place) s. 23(1) (in the first 5 places)
s. 16(1) s. 23(2) (in both places)
s. 16(2)(a) s. 35(1) (in both places)
s. 17(1) (in each place) s. 35(2)(in both places)
s. 17(2) s. 39 (in each place)
s. 17(3) s. 40 (in each place)
s. 18(1) s. 41 (in both places)
s. 19(2) (in both places) s. 42 (in both places)
s. 19(3)(b) s. 48(2)(d)(i)
s. 20(1) (in each place) s. 51(3) (in both places)
s. 20(2) (in both places) s. 58 (in each place)
(2) Section 23(1)(g) is amended by deleting "a boxer" and inserting
instead --
" the contestant ".
10 (3) The provisions set out in the Table to this subsection are
amended by deleting "boxers" and inserting instead --
" contestants ".
Table
s.14 (in both places) s. 48(1)
s.15(2)(a) s. 48(2)(b)
s. 47(3)(b) s. 48(2)(c)
page 15
Boxing Control Amendment Bill 2001
s. 29
29. Various references to boxing amended
(1) The provisions set out in the Table to this subsection are
amended by deleting "boxing" --
Table
s. 33(1) s. 47(1) (in both places)
s. 43 (in each place) s. 47(3) (in each place)
s. 44(1) (in both places) s. 47(4) (in each place)
s. 45(1) (in each place) s. 48(1)
s. 45(3) (in each place) s. 51(3)
s. 46(1) s. 52 (in each place)
s. 46(2)
5 (2) Section 40(a) is amended by deleting "boxing" and inserting
instead --
" contestant's ".
30. Transitional provision in relation to certain registrations
(1) A person who, immediately before the commencement of this
10 Act, was registered as a boxer of a certain class is to be treated
on the commencement of this Act as being registered as a
contestant of that class.
(2) The conditions and restrictions applicable to the registration of a
person referred to in subsection (1) and the time for renewal of
15 the registration continue to apply as if this Act had not been
enacted.
31. Financial Administration and Audit Act 1985 amended
Schedule 1 to the Financial Administration and Audit Act 1985*
is amended as follows:
20 (a) by inserting after the item relating to the Potato
Marketing Corporation the following item --
" Professional Combat Sports Commission ";
page 16
Boxing Control Amendment Bill 2001
s. 31
(b) by deleting "Western Australian Boxing Commission".
[* Reprinted as at 24 November 2000.
For subsequent amendments see 2000 Index to Legislation of
Western Australia, Table 1, p. 157 and Act No. 10 of 2001.]
page 17
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