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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Professional Combat Sports Amendment
Bill 2009
CONTENTS
1. Short title 2
2. Commencement 2
3. Act amended 2
4. Long title amended 2
5. Section 1 amended 2
6. Section 3 amended 2
7. Part II heading replaced 4
Part II -- Combat Sports Commission
8. Section 4 amended 4
9. Section 5 amended 5
10. Section 8 amended 5
11. Section 10 amended 5
12. Section 12 amended 6
13. Section 16 replaced 6
16. Applying for registration 6
14. Section 17 replaced 7
17. Registering contestants 7
15. Section 18 replaced 8
18. Certificate of registration 8
16. Section 19 replaced 9
19. Term of registration and application for
renewal 9
17. Section 20 replaced 9
20. Renewal of registration 9
18. Section 21 replaced 10
21. Commission's powers to ensure health
and safety of contestants 10
19. Section 22 deleted 11
20. Section 23 replaced 11
23. Disciplinary powers against contestants 11
074--2 page i
Professional Combat Sports Amendment Bill 2009
Contents
21. Section 24A inserted 12
24A. Cancelling registration on contestant's
request 12
22. Section 24 amended 12
23. Section 25A inserted 12
25A. Commission may vary or cancel
conditions and restrictions 12
24. Section 25 deleted 13
25. Section 26 replaced 13
26. Register of industry participants 13
26. Sections 27 and 28 replaced 13
27. Applying to be registered 13
28. Registering industry participants 14
27. Section 29 replaced 14
29. Certificate of registration 14
28. Section 30 replaced 15
30. Term of registration 15
29. Section 31 amended 15
30. Section 32 amended 15
31. Section 33A inserted 16
33A. Disciplinary powers 16
32. Section 33 replaced 17
33. Offence 17
33. Section 34A inserted 17
34A. Commission may cancel or vary
conditions or restrictions 17
34. Part V deleted 17
35. Part VI heading replaced 18
Part VI -- Contestant record books
36. Section 35 replaced 18
35. Books to be issued to registered
contestants 18
37. Section 36 replaced 19
36. Altering books 19
38. Section 37 deleted 19
39. Section 38 replaced 20
38. Damaging books 20
40. Section 39 replaced 20
39. Surrender of books 20
41. Section 40 amended 20
42. Section 41 replaced 21
41. Issuing additional books 21
43. Section 42 replaced 21
42. Replacing books 21
page ii
Professional Combat Sports Amendment Bill 2009
Contents
44. Section 44 replaced 21
44. Applying for permits to conduct contests 21
45. Section 45 replaced 22
45. Issuing permits for contests 22
46. Section 47AA and 47A inserted 23
47AA. Commission may require information 23
47A. Suspending or cancelling a permit 24
47. Section 47 amended 25
48. Section 48A inserted 26
48A. Sham contests, inquiries into 26
49. Section 48 replaced 28
48. Pre-contest weigh-ins 28
49A. Pre-contest medical examinations 29
50. Section 49 amended 30
51. Section 50 replaced 30
50. Contestants not to compete without
weigh-in and medical examination 30
52. Section 51 amended 31
53. Section 52 replaced 32
52. Record of contest 32
54. Part VIIIA inserted 33
Part VIIIA -- Review
53A. Review by State Administrative Tribunal 33
55. Section 53 replaced 33
53. False or misleading information 33
56. Sections 54A and 54B inserted 34
54A. Commission may get information from WA
Police 34
54B. Confidential police information 34
57. Section 54 replaced 36
54. Refusing applications, imposing or varying
conditions etc. and suspending or
cancelling registrations, procedure for 36
58. Section 56 deleted 37
59. Section 58 replaced 37
58. Evidentiary certificates 37
60. Section 62A inserted 38
62A. Rules for contests 38
61. Section 62 amended 39
page iii
Western Australia
LEGISLATIVE ASSEMBLY
(As amended during consideration in detail)
Professional Combat Sports Amendment
Bill 2009
A Bill for
An Act to amend the Professional Combat Sports Act 1987.
The Parliament of Western Australia enacts as follows:
page 1
Professional Combat Sports Amendment Bill 2009
s. 1
1 1. Short title
2 This is the Professional Combat Sports Amendment Act 2009.
3 2. Commencement
4 This Act comes into operation as follows --
5 (a) sections 1 and 2 -- on the day on which this Act
6 receives the Royal Assent;
7 (b) the rest of the Act -- on a day fixed by proclamation,
8 and different days may be fixed for different provisions.
9 3. Act amended
10 This Act amends the Professional Combat Sports Act 1987.
11 4. Long title amended
12 In the long title delete "professional".
13 5. Section 1 amended
14 In section 1 delete "Professional ".
15 6. Section 3 amended
16 (1) In section 3 delete the definitions of:
17 contest
18 contestant
19 industry participant
20 professional combat sport
21 sham contest
22 (2) In section 3 insert in alphabetical order:
23
24 capacity, in relation to an industry participant, means a
25 capacity prescribed for the purposes of the definition of
26 industry participant in this section;
page 2
Professional Combat Sports Amendment Bill 2009
s. 6
1 contest means a contest or exhibition of a combat
2 sport --
3 (a) that is organised, arranged or promoted for
4 profit; or
5 (b) that is conducted for public entertainment; or
6 (c) to which the public is invited,
7 unless it is prescribed not to be a contest for the
8 purposes of this Act;
9 contestant means a person who participates in a
10 contest, whether for reward or not;
11 industry participant means a person who, otherwise
12 than as a contestant, is involved, in a capacity that is
13 prescribed, in conducting or assisting to conduct a
14 contest;
15 medical practitioner means a person registered under
16 the Health Practitioner Regulation National Law
17 (Western Australia) in the medical profession;
18 prescribed means prescribed by the regulations;
19 sham contest means a contest --
20 (a) during the whole or a part of which any
21 contestant is, for any reason, including an
22 injury or illness, or a bribe, promise or threat by
23 another person, not competing to the best of his
24 or her ability; or
25 (b) the result of which is arranged by the
26 contestants or by a person involved in
27 controlling, judging or promoting the contest.
28
29 (3) In section 3 in the definition of combat sport delete
30 paragraph (b) and insert:
31
32 (b) any other martial art, sport or activity that
33 involves 2 or more participants whose primary
page 3
Professional Combat Sports Amendment Bill 2009
s. 7
1 objective is to do any or any combination of the
2 following --
3 (i) grapple with, punch, kick or throw each
4 other; or
5 (ii) strike or hit each other, whether or not
6 with a weapon,
7 unless it is prescribed not to be a combat sport
8 for the purposes of this Act;
9
10 7. Part II heading replaced
11 Delete the heading to Part II and insert:
12
13 Part II -- Combat Sports Commission
14
15 8. Section 4 amended
16 (1) In section 4(1) delete "Professional".
17 (2) After section 4(1) insert:
18
19 (2A) The Commission is a continuation of the body
20 previously called the "Professional Combat Sports
21 Commission" and the "Western Australian Boxing
22 Commission".
23
24 (3) In section 4(2):
25 (a) delete "8 members" and insert:
26
27 9 members
28
29 (b) in paragraph (a) delete "7 persons" and insert:
30
31 8 persons
32
page 4
Professional Combat Sports Amendment Bill 2009
s. 9
1 (c) delete paragraph (a)(iii) and insert:
2
3 (iii) one person shall be a medical
4 practitioner who in the opinion of the
5 Minister has knowledge of injuries
6 suffered by contestants;
7
8 (d) in paragraph (a)(vi) delete "boxing; and" and insert:
9
10 boxing;
11
12 (e) after paragraph (a)(vii) insert:
13
14 (viii) one person shall be a person who in the
15 opinion of the Minister has knowledge
16 of the industry relating to combat sports
17 known as mixed martial arts;
18
19 9. Section 5 amended
20 In section 5(1)(e) delete "Governor" and insert:
21
22 Minister
23
24 10. Section 8 amended
25 In section 8(4) delete "3 members" and insert:
26
27 5 members
28
29 11. Section 10 amended
30 (1) In section 10(1):
31 (a) in paragraphs (b) and (c) delete "professional" (each
32 occurrence);
page 5
Professional Combat Sports Amendment Bill 2009
s. 12
1 (b) in paragraph (d) delete "a professional combat sport."
2 and insert:
3
4 contests.
5
6 (2) In section 10(2) delete "professional" (each occurrence).
7 12. Section 12 amended
8 (1) In section 12(1) delete "Professional".
9 (2) After section 12(1) insert:
10
11 (2A) The Combat Sports Commission Account is a
12 continuation of the account previously called the
13 "Professional Combat Sports Commission Account"
14 and the "Western Australian Boxing Commission
15 Account".
16
17 13. Section 16 replaced
18 Delete section 16 and insert:
19
20 16. Applying for registration
21 (1) A person who desires to be registered as a contestant
22 must apply to the Commission to be registered.
23 (2) An application made under subsection (1) must --
24 (a) be in a form approved by the Commission; and
25 (b) be accompanied by any medical information
26 about the applicant that is prescribed; and
27 (c) be accompanied by the prescribed fee.
page 6
Professional Combat Sports Amendment Bill 2009
s. 14
1 (3) The Commission may ask the applicant to give the
2 Commission any additional information the
3 Commission needs to decide an application under
4 section 17.
5 (4) The Commission may refuse to decide an application
6 until it has received the information it needs to decide
7 the application under section 17.
8
9 14. Section 17 replaced
10 Delete section 17 and insert:
11
12 17. Registering contestants
13 (1) If on an application made under section 16 the
14 Commission is satisfied --
15 (a) the applicant --
16 (i) is a fit and proper person; and
17 (ii) has reached the age prescribed for the
18 prescribed class of contestant for which
19 registration is sought; and
20 (iii) is medically and physically fit to be
21 registered as a contestant in that class;
22 and
23 (iv) understands the duties that this Act will
24 impose on the applicant if the
25 application is granted;
26 and
27 (b) there is no reason, in the interests of the health
28 and safety of the applicant or of any contestant
29 with whom the applicant might participate in a
30 contest, not to do so,
page 7
Professional Combat Sports Amendment Bill 2009
s. 15
1 the Commission must register the applicant as a
2 contestant in the prescribed class of contestant for
3 which registration is sought.
4 (2) If the Commission is satisfied an applicant has not
5 attained the prescribed age required by
6 subsection (1)(a)(ii) but otherwise complies with the
7 requirements of subsection (1), the Commission may
8 recommend to the Minister that the applicant be
9 registered and the Minister may direct and authorise
10 the Commission to register the applicant in terms of the
11 recommendation or in such other terms as the Minister
12 determines.
13 (3) When registering a contestant, the Commission may
14 impose such conditions or restrictions on the contestant
15 as it thinks fit.
16
17 15. Section 18 replaced
18 Delete section 18 and insert:
19
20 18. Certificate of registration
21 The Commission shall issue a person registered as a
22 contestant a certificate of registration, in a form
23 approved by the Commission, stating --
24 (a) that the person is registered as a contestant; and
25 (b) the conditions and restrictions (if any) that
26 apply in relation to the person as a contestant.
27
page 8
Professional Combat Sports Amendment Bill 2009
s. 16
1 16. Section 19 replaced
2 Delete section 19 and insert:
3
4 19. Term of registration and application for renewal
5 (1) A certificate of registration issued under section 18 to a
6 person has effect for 3 years as from and including the
7 date of the certificate unless it is cancelled or
8 suspended.
9 (2) A person who is registered as a contestant may apply to
10 the Commission for the renewal of the person's
11 registration.
12 (3) An application made under subsection (2) must --
13 (a) be in a form approved by the Commission; and
14 (b) be accompanied by any medical information
15 about the applicant that is prescribed; and
16 (c) be accompanied by the prescribed fee.
17
18 17. Section 20 replaced
19 Delete section 20 and insert:
20
21 20. Renewal of registration
22 (1) If on an application made under section 19 the
23 Commission is satisfied --
24 (a) the applicant --
25 (i) is a fit and proper person; and
26 (ii) is medically and physically fit to be
27 registered as a contestant in that class;
28 and
page 9
Professional Combat Sports Amendment Bill 2009
s. 18
1 (iii) has complied with any conditions and
2 restrictions imposed on the applicant
3 under this Part; and
4 (iv) understands the duties that this Act will
5 impose on the applicant if the
6 application is granted;
7 and
8 (b) there is no reason, in the interests of the health
9 and safety of the applicant or of any contestant
10 with whom the applicant might participate in a
11 contest, not to do so,
12 the Commission must renew the applicant's
13 registration as a contestant in the class sought in the
14 application.
15 (2) When renewing a contestant's registration, the
16 Commission may impose such conditions or
17 restrictions on the contestant as it thinks fit.
18
19 18. Section 21 replaced
20 Delete section 21 and insert:
21
22 21. Commission's powers to ensure health and safety of
23 contestants
24 If the Commission is of the opinion that it is in the
25 interests of the health and safety of a contestant, or of
26 any other contestant with whom that contestant might
27 participate in a contest, the Commission may --
28 (a) cancel or suspend the contestant's registration
29 as a contestant; or
30 (b) impose any conditions or restrictions on the
31 contestant it thinks fit; or
page 10
Professional Combat Sports Amendment Bill 2009
s. 19
1 (c) vary or cancel any condition or restriction
2 imposed on the contestant under this Act.
3
4 19. Section 22 deleted
5 Delete section 22.
6 20. Section 23 replaced
7 Delete section 23 and insert:
8
9 23. Disciplinary powers against contestants
10 If the Commission --
11 (a) is of the opinion a registered contestant --
12 (i) is not a fit and proper person; or
13 (ii) has committed an offence against this
14 Act; or
15 (iii) has not complied with any condition or
16 restriction imposed on him or her under
17 this Act;
18 or
19 (b) after conducting an inquiry under section 48A,
20 is of the opinion a registered contestant has
21 participated in a sham contest,
22 the Commission may do any of the following --
23 (c) vary or cancel any condition or restriction
24 imposed on the contestant under this Part;
25 (d) impose any conditions or restrictions on the
26 contestant it thinks fit;
27 (e) cancel or suspend the registration of that person
28 as a contestant.
29
page 11
Professional Combat Sports Amendment Bill 2009
s. 21
1 21. Section 24A inserted
2 After section 23 insert:
3
4 24A. Cancelling registration on contestant's request
5 The Commission must cancel the registration of a
6 contestant if the contestant asks the Commission to do
7 so.
8
9 22. Section 24 amended
10 In section 24 delete the Penalty and insert:
11
12 Penalty: a fine of $6 000.
13
14 23. Section 25A inserted
15 At the end of Part III insert:
16
17 25A. Commission may vary or cancel conditions and
18 restrictions
19 The Commission may at any time vary or cancel a
20 condition or restriction imposed under this Part in
21 respect of the registration of a contestant or impose any
22 condition or restriction on the registration of a
23 contestant that it thinks fit.
24
page 12
Professional Combat Sports Amendment Bill 2009
s. 24
1 24. Section 25 deleted
2 Delete section 25.
3 25. Section 26 replaced
4 Delete section 26 and insert:
5
6 26. Register of industry participants
7 The Commission shall cause to be kept a register of
8 industry participants in which are recorded --
9 (a) the name and address of each person registered
10 as an industry participant; and
11 (b) the capacity in which he or she is registered as
12 an industry participant; and
13 (c) any prescribed particulars.
14
15 26. Sections 27 and 28 replaced
16 Delete sections 27 and 28 and insert:
17
18 27. Applying to be registered
19 (1) A person who desires to be registered as an industry
20 participant must apply to the Commission to be
21 registered.
22 (2) Only a natural person can apply to be registered as an
23 industry participant.
24 (3) An application made under subsection (1) must --
25 (a) be in a form approved by the Commission; and
26 (b) be accompanied by the prescribed fee.
page 13
Professional Combat Sports Amendment Bill 2009
s. 27
1 (4) The Commission may ask the applicant to give the
2 Commission any additional information the
3 Commission needs to decide an application under
4 section 28.
5 (5) The Commission may refuse to decide an application
6 until it has received the information it needs to decide
7 the application under section 28.
8 28. Registering industry participants
9 (1) If on an application made under section 27 the
10 Commission is satisfied the applicant --
11 (a) is a fit and proper person; and
12 (b) understands the duties that this Act will impose
13 on the applicant if the application is granted,
14 the Commission must register the applicant as an
15 industry participant in the terms sought in the
16 application.
17 (2) When registering an industry participant, the
18 Commission may impose such conditions and
19 restrictions in relation to the participant as the
20 Commission thinks fit.
21
22 27. Section 29 replaced
23 Delete section 29 and insert:
24
25 29. Certificate of registration
26 The Commission shall issue a person registered as an
27 industry participant a certificate of registration, in a
28 form approved by the Commission, stating --
29 (a) that the person is registered as an industry
30 participant; and
page 14
Professional Combat Sports Amendment Bill 2009
s. 28
1 (b) the capacity in which he or she is registered as
2 an industry participant; and
3 (c) the conditions and restrictions (if any) that
4 apply in relation to the person as an industry
5 participant.
6
7 28. Section 30 replaced
8 Delete section 30 and insert:
9
10 30. Term of registration
11 A certificate of registration issued under section 29 to a
12 person has effect for 3 years as from and including the
13 date of the certificate unless it is cancelled or
14 suspended.
15
16 29. Section 31 amended
17 Delete section 31(1) and insert:
18
19 (1) A person who is registered as an industry participant
20 may apply to the Commission for the renewal of the
21 person's registration.
22
23 30. Section 32 amended
24 Delete section 32(1) and insert:
25
26 (1) If on an application made under section 31 the
27 Commission is satisfied the applicant --
28 (a) is a fit and proper person; and
29 (b) has complied with the conditions and
30 restrictions imposed on the applicant under this
31 Part; and
page 15
Professional Combat Sports Amendment Bill 2009
s. 31
1 (c) understands the duties that this Act will impose
2 on the applicant if the application is granted,
3 the Commission must renew the applicant's
4 registration as an industry participant in the terms
5 sought in the application.
6
7 31. Section 33A inserted
8 After section 32 insert:
9
10 33A. Disciplinary powers
11 If the Commission --
12 (a) is of the opinion a registered industry
13 participant --
14 (i) is not a fit and proper person; or
15 (ii) has committed an offence against this
16 Act; or
17 (iii) has not complied with any condition or
18 restriction imposed on the person under
19 this Part;
20 or
21 (b) after conducting an inquiry under section 48A,
22 is of the opinion a registered industry
23 participant has participated in a sham contest,
24 the Commission may do any of the following --
25 (c) vary or cancel any condition or restriction
26 imposed on the participant under this Part;
27 (d) impose any conditions or restrictions on the
28 participant it thinks fit;
29 (e) cancel or suspend the registration of that person
30 as an industry participant.
31
page 16
Professional Combat Sports Amendment Bill 2009
s. 32
1 32. Section 33 replaced
2 Delete section 33 and insert:
3
4 33. Offence
5 A person must not be involved in the conduct of a
6 contest in a capacity that is prescribed for the purposes
7 of the definition in section 3 of industry participant
8 unless he or she is registered as an industry participant
9 in that capacity.
10 Penalty:
11 (a) for a first offence, a fine of $2 000;
12 (b) for a subsequent offence, a fine of $10 000.
13
14 33. Section 34A inserted
15 After section 33 insert:
16
17 34A. Commission may cancel or vary conditions or
18 restrictions
19 The Commission may at any time vary or cancel a
20 condition or restriction imposed under this Part in
21 respect of the registration of an industry participant or
22 impose any condition or restriction on the registration
23 of an industry participant that it thinks fit.
24
25 34. Part V deleted
26 Delete Part V.
page 17
Professional Combat Sports Amendment Bill 2009
s. 35
1 35. Part VI heading replaced
2 Delete the heading to Part VI and insert:
3
4 Part VI -- Contestant record books
5
6 36. Section 35 replaced
7 Delete section 35 and insert:
8
9 35. Books to be issued to registered contestants
10 (1) The Commission, on the first registration of a person as
11 a contestant, must issue the person a contestant record
12 book, in a form approved by the Commission, that --
13 (a) states --
14 (i) such personal details about the
15 contestant as are prescribed; and
16 (ii) such information about the registration
17 of the contestant as is prescribed;
18 and
19 (b) provides for the recording of --
20 (i) such other information about the
21 registration of the contestant as is
22 prescribed; and
23 (ii) such medical information about the
24 contestant as is prescribed; and
25 (iii) such information about the contests in
26 which the contestant participates as is
27 prescribed.
page 18
Professional Combat Sports Amendment Bill 2009
s. 37
1 (2) If a person, having been registered as a contestant --
2 (a) ceases, for any period, to be so registered; and
3 (b) is, after the registration ceases, again registered
4 as a contestant,
5 the Commission must issue the person a contestant
6 record book that --
7 (c) conforms with subsection (1); and
8 (d) contains the same information as was contained
9 in any contestant record book or other book
10 previously issued under this Act to that person.
11
12 37. Section 36 replaced
13 Delete section 36 and insert:
14
15 36. Altering books
16 (1) A person shall not enter or alter information in a
17 contestant record book unless the person is authorised
18 to do so under this Act.
19 (2) A person who enters or alters information in a
20 contestant record book must initial the book
21 immediately adjacent to the information.
22 Penalty: a fine of $6 000.
23
24 38. Section 37 deleted
25 Delete section 37.
page 19
Professional Combat Sports Amendment Bill 2009
s. 39
1 39. Section 38 replaced
2 Delete section 38 and insert:
3
4 38. Damaging books
5 A person must not wilfully damage or deface a
6 contestant record book.
7 Penalty: a fine of $6 000.
8
9 40. Section 39 replaced
10 Delete section 39 and insert:
11
12 39. Surrender of books
13 If under Part III the registration of a contestant is not
14 renewed by the Commission, is cancelled or is
15 suspended, the contestant must give his or her
16 contestant record book to the Commission within 7
17 days after being notified of the fact.
18 Penalty: a fine of $500.
19
20 41. Section 40 amended
21 In section 40 delete "medical record book to a" and insert:
22
23 contestant's contestant record book to the
24
page 20
Professional Combat Sports Amendment Bill 2009
s. 42
1 42. Section 41 replaced
2 Delete section 41 and insert:
3
4 41. Issuing additional books
5 If a contestant's contestant record book is full, the
6 Commission must issue the contestant another
7 contestant record book that conforms with
8 section 35(1).
9
10 43. Section 42 replaced
11 Delete section 42 and insert:
12
13 42. Replacing books
14 If a contestant satisfies the Commission that his or her
15 contestant record book has been spoilt, lost or
16 destroyed the Commission must, on payment of the
17 prescribed fee, issue the contestant a duplicate
18 contestant record book, stamped with the word
19 "Duplicate".
20
21 44. Section 44 replaced
22 Delete section 44 and insert:
23
24 44. Applying for permits to conduct contests
25 (1) A person who desires to conduct a contest must apply
26 to the Commission for a permit for the contest.
27 (2) An application made under subsection (1) must --
28 (a) be in a form approved by the Commission; and
page 21
Professional Combat Sports Amendment Bill 2009
s. 45
1 (b) include the names of each person who will
2 participate in the contest; and
3 (c) include any prescribed information; and
4 (d) be made not less than 42 days before the
5 proposed date of the contest unless the
6 Commission allows otherwise; and
7 (e) be accompanied by the prescribed fee.
8 (3) The Commission may ask the applicant to give the
9 Commission any additional information the
10 Commission needs to decide an application under
11 section 45.
12 (4) The Commission may refuse to decide an application
13 until it has received the information it needs to decide
14 the application under section 45.
15
16 45. Section 45 replaced
17 Delete section 45 and insert:
18
19 45. Issuing permits for contests
20 (1) If on an application made under section 44 the
21 Commission is satisfied --
22 (a) that any requirement that, under the regulations,
23 must be complied with before a permit can be
24 issued has been complied with; and
25 (b) that the requirements under this Act as they
26 apply in relation to the contest referred to in the
27 application will be complied with,
28 the Commission may issue a permit for the contest.
29 (2) The Commission may issue a permit for a contest
30 subject to any terms, conditions and restrictions the
31 Commission thinks fit.
page 22
Professional Combat Sports Amendment Bill 2009
s. 46
1 (3) A permit issued for a contest must include the
2 following information --
3 (a) the date, time and place of the contest;
4 (b) the name of each person who will participate in
5 the contest;
6 (c) any terms, conditions or restrictions imposed
7 under subsection (2);
8 (d) any other information that is prescribed.
9 (4) The Commission may refuse to issue a permit for a
10 contest if it is of the opinion that it is necessary to do so
11 in the interests of the health and safety of any person
12 who would participate in the contest if the permit were
13 issued.
14 (5) The Commission, on the application of the holder of
15 the permit or on its own initiative, may at any time
16 vary a permit for a contest.
17
18 46. Section 47AA and 47A inserted
19 After section 46 insert:
20
21 47AA. Commission may require information
22 (1) At any time after it issues a permit under section 45 for
23 a contest and before the contest has taken place, the
24 Commission, by giving the person a written notice,
25 may require any or all of these persons --
26 (a) the person who holds the permit;
27 (b) a person who will participate in the contest;
28 (c) a person who will be involved in conducting
29 the contest,
30 to give the Commission the information specified in
31 the notice, being information relevant to the contest.
page 23
Professional Combat Sports Amendment Bill 2009
s. 46
1 (2) A person given a notice under subsection (1) must obey
2 it.
3 Penalty: a fine of $6 000.
4 47A. Suspending or cancelling a permit
5 (1) The Commission, at any time before or during a
6 contest for which a permit has been issued under
7 section 45, may suspend or cancel the permit if it is
8 satisfied --
9 (a) that any term, condition or restriction to which
10 the permit is subject has not or is not being
11 complied with; or
12 (b) that it is in the interests of the health or safety
13 of any contestant in the contest to do so; or
14 (c) that the contest will be or is a sham contest.
15 (2) Before it suspends or cancels a permit, the Commission
16 must give the permit holder a reasonable opportunity to
17 be heard unless, in the time needed to do so, the health
18 or safety of any contestant in the contest may be
19 jeopardised.
20 (3) To suspend or cancel a permit, a person authorised by
21 the Commission, or a member, must give the permit
22 holder, or the referee of the contest, oral or written
23 notice --
24 (a) that the Commission has suspended or
25 cancelled the permit, as the case requires; and
26 (b) if the permit is suspended, of the term of the
27 suspension, whether by referring to an event
28 that may occur or to a period of time.
29 (4) If oral notice is given to a person under subsection (3),
30 written confirmation of the notice must be given to the
31 person within 7 days after the date on which the oral
32 notice was given.
page 24
Professional Combat Sports Amendment Bill 2009
s. 47
1 (5) If a permit is suspended, the Commission may at any
2 time cancel the suspension for good reason.
3 (6) A written notice or a written confirmation of a notice
4 given orally under subsection (3) must state the reasons
5 for suspending or cancelling the permit.
6
7 47. Section 47 amended
8 (1) Delete section 47(1) and (2) and insert:
9
10 (1) A person must not conduct a contest unless a permit
11 has been issued under this Part for the contest.
12 Penalty: a fine of $12 000.
13 (2A) A person must not conduct a contest the permit for
14 which is suspended or has been cancelled under
15 section 47A.
16 Penalty: a fine of $12 000.
17 (2B) A person who conducts a contest for which a permit
18 has been issued under this Part must comply with any
19 term, condition or restriction to which the permit is
20 subject.
21 Penalty: a fine of $12 000.
22 (2) A person must not --
23 (a) agree to participate, whether as a contestant,
24 judge or referee or in some other capacity, in a
25 contest that he or she knows will be a sham
26 contest; or
27 (b) participate, whether as a contestant, judge or
28 referee or in some other capacity, in a contest
29 that he or she knows is a sham contest; or
30 (c) be involved in any capacity in organising,
31 arranging, promoting or conducting a contest
page 25
Professional Combat Sports Amendment Bill 2009
s. 48
1 that he or she knows will be or is a sham
2 contest.
3 Penalty: a fine of $12 000.
4
5 (2) Delete section 47(3) to (6) and insert:
6
7 (3) A referee of a contest who, knowing it is a sham
8 contest, does not stop it or gives a decision in it
9 commits an offence.
10 Penalty: a fine of $12 000.
11 (4) A judge of a contest who, knowing it is a sham contest,
12 gives a decision in it commits an offence.
13 Penalty: a fine of $12 000.
14 (5) A judge or referee of a contest who suspects it will be
15 or is a sham contest must report the matter in writing to
16 the Commission as soon as practicable.
17 Penalty: a fine of $12 000.
18
19 48. Section 48A inserted
20 After section 47 insert:
21
22 48A. Sham contests, inquiries into
23 (1) If the Commission is of the opinion (whether or not as
24 a result of a report made by the referee of the contest)
25 that a contest is a sham contest the Commission shall
26 inquire into the promotion, arrangement and conduct of
27 the contest.
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Professional Combat Sports Amendment Bill 2009
s. 48
1 (2) If after its inquiry the Commission is satisfied on the
2 balance of probabilities that a contest is a sham contest,
3 it --
4 (a) may order any person who is legally required to
5 pay money or money's worth to a contestant for
6 participating in the contest not to pay the
7 contestant without the written consent of the
8 Commission; and
9 (b) may order that an amount of money not more
10 than the money or money's worth (if any) paid
11 or payable to a contestant or industry
12 participant who, in the opinion of the
13 Commission, has participated in, or been
14 involved in any capacity in conducting, the
15 contest be paid to the Commission.
16 (3) Nothing in subsection (2) prevents a person from being
17 prosecuted for an offence under section 47 or prevents
18 proceedings being taken under section 23 or 33A.
19 (4) A person given an order made under subsection (2)(a)
20 must obey it.
21 Penalty: a fine of $12 000.
22 (5) If the Commission makes an order under subsection
23 (2)(b), the Commission may recover the amount
24 ordered to be paid to the Commission in a court of
25 competent jurisdiction as a debt due to the
26 Commission.
27
page 27
Professional Combat Sports Amendment Bill 2009
s. 49
1 49. Section 48 replaced
2 Delete section 48 and insert:
3
4 48. Pre-contest weigh-ins
5 (1) Before a contest occurs each person intending to
6 participate in the contest must attend and submit to a
7 weigh-in.
8 (2) The following provisions apply to a weigh-in referred
9 to in subsection (1) --
10 (a) the weigh-in shall take place at the time and
11 place approved by the Commission;
12 (b) the weigh-in shall take place within 24 hours
13 before the contest;
14 (c) in addition to the persons intending to
15 participate, the following persons shall be
16 present --
17 (i) the person who holds the permit for the
18 contest or that person's agent;
19 (ii) a person appointed by the Commission
20 (the Commission's appointee);
21 (d) each person intending to participate in the
22 contest shall produce his or her contestant
23 record book to the Commission's appointee for
24 inspection and for the recording of prescribed
25 information;
26 (e) the Commission's appointee shall ensure --
27 (i) that the weigh-in and the recording of
28 the weights of the contestants are
29 properly carried out; and
30 (ii) that this section is complied with.
page 28
Professional Combat Sports Amendment Bill 2009
s. 49
1 49A. Pre-contest medical examinations
2 (1) Each person intending to participate in a contest must,
3 within 24 hours before the contest --
4 (a) attend a medical practitioner approved by the
5 Commission; and
6 (b) submit to an examination by the practitioner;
7 and
8 (c) produce his or her contestant record book to the
9 practitioner for inspection and for the recording
10 of relevant information.
11 (2) The medical practitioner whom a person attends under
12 subsection (1) must do the following --
13 (a) inspect the person's contestant record book;
14 (b) carry out a medical examination of the person;
15 (c) certify in the person's contestant record book
16 such information as is prescribed;
17 (d) record the results of the examination on a form
18 approved by the Commission;
19 (e) if the practitioner is of the opinion that the
20 person should not participate in the proposed
21 contest because of the person's medical
22 condition, record the opinion in the form;
23 (f) give the form to the Commission's appointee
24 referred to in section 48(2)(c)(ii).
25 Penalty: a fine of $12 000.
26 (3) If a form given by a medical practitioner to the
27 Commission's appointee under subsection (2) states a
28 person should not participate in a proposed contest
29 because of the person's medical condition, the
30 Commission's appointee --
31 (a) must inform the person who holds the permit
32 for the contest, or that person's agent, of that
33 fact forthwith; and
page 29
Professional Combat Sports Amendment Bill 2009
s. 50
1 (b) give the person who holds the permit for the
2 contest, or that person's agent, a copy of the
3 form as soon as practicable.
4 (4) If the person who holds the permit for a contest, or that
5 person's agent, is informed under subsection (3), the
6 permit holder must ensure the person does not
7 participate in the contest.
8 Penalty: a fine of $12 000.
9
10 50. Section 49 amended
11 (1) In section 49(1) delete the Penalty and insert:
12
13 Penalty: a fine of $12 000.
14
15 (2) In section 49(2) delete the Penalty and insert:
16
17 Penalty: a fine of $12 000.
18
19 51. Section 50 replaced
20 Delete section 50 and insert:
21
22 50. Contestants not to compete without weigh-in and
23 medical examination
24 A person shall not participate in a contest unless --
25 (a) he or she has attended and submitted to a
26 weigh-in in accordance with section 48; and
27 (b) he or she has attended and submitted to a
28 medical examination in accordance with section
29 49A; and
page 30
Professional Combat Sports Amendment Bill 2009
s. 52
1 (c) his or her contestant record book contains the
2 information that sections 48 and 49A require to
3 be in it.
4 Penalty: a fine of $12 000.
5
6 52. Section 51 amended
7 Delete section 51(1) and (2) and insert:
8
9 (1) A person who conducts a contest --
10 (a) must not permit a contestant to participate in
11 the contest unless the contestant has attended
12 and submitted to a weigh-in under section 48
13 and a medical examination under section 49A;
14 and
15 (b) must not engage a contestant for a contest if the
16 Commission, after considering a medical report
17 that a contestant is not medically fit, has
18 directed a contestant not to participate in the
19 contest; and
20 (c) must permit not more than 3 persons, being
21 either persons authorised by the Commission or
22 members, to be present at the contest
23 unconditionally and for no charge for the
24 purpose of ensuring the contest is conducted in
25 accordance with this Act and any rules
26 approved under section 62A that apply to the
27 contest; and
28 (d) must not permit the contest to occur unless --
29 (i) a medical practitioner approved by the
30 Commission; and
page 31
Professional Combat Sports Amendment Bill 2009
s. 53
1 (ii) at least 2 persons referred to in
2 paragraph (c),
3 are present at the contest.
4 Penalty: a fine of $12 000.
5 (2) If a contest is not conducted in accordance with any
6 rules approved under section 62A that apply to the
7 contest, the person who conducts the contest, the
8 person to whom a permit for the contest was issued,
9 and the referee of the contest, each commits an offence.
10 Penalty: a fine of $12 000.
11
12 53. Section 52 replaced
13 Delete section 52 and insert:
14
15 52. Record of contest
16 (1) Before a person participates in a contest, he or she shall
17 produce his or her contestant record book to --
18 (a) the medical practitioner approved by the
19 Commission who is present at the contest; and
20 (b) a person appointed by the Commission who is
21 present at the contest.
22 Penalty: a fine of $6 000.
23 (2) A person appointed by the Commission for that
24 purpose shall in relation to a contest --
25 (a) cause a record to be made of the contest; and
26 (b) record the result of the contest in the record
27 referred to in paragraph (a); and
28 (c) return the record, as written up in accordance
29 with the directions of the Commission, to the
30 Commission; and
page 32
Professional Combat Sports Amendment Bill 2009
s. 54
1 (d) record in each contestant's contestant record
2 book such information as is prescribed.
3
4 54. Part VIIIA inserted
5 After Part VII insert:
6
7 Part VIIIA -- Review
8 53A. Review by State Administrative Tribunal
9 A person aggrieved by a decision of the Commission or
10 the Minister made under Part III, IV or VII may apply
11 to the State Administrative Tribunal for a review of the
12 decision.
13
14 55. Section 53 replaced
15 Delete section 53 and insert:
16
17 53. False or misleading information
18 A person must not include any information that is false
19 or misleading in a material particular in --
20 (a) an application made under this Act; or
21 (b) any information given to the Commission under
22 this Act other than in a statutory declaration; or
23 (c) a contestant record book issued under Part VI.
24 Penalty: a fine of $12 000.
25
page 33
Professional Combat Sports Amendment Bill 2009
s. 56
1 56. Sections 54A and 54B inserted
2 After section 53 insert:
3
4 54A. Commission may get information from WA Police
5 For the purposes of deciding under Part III or IV
6 whether a person is a fit and proper person, the
7 Commission may ask the Commissioner of Police to
8 give the Commission information about the person.
9 54B. Confidential police information
10 (1) In this section --
11 confidential police information means information the
12 Commissioner of Police has certified is confidential
13 police information under subsection (2);
14 court includes the State Administrative Tribunal;
15 sensitive police information means information in the
16 possession of the Commissioner of Police the
17 disclosure of which could reasonably be expected --
18 (a) to prejudice criminal investigations or the
19 operations of the Police Force; or
20 (b) to enable the discovery of the existence or
21 identity of a source of information relevant to
22 law enforcement and confidential to the
23 Commissioner; or
24 (c) to endanger a person's life or physical safety.
25 (2) If the Commissioner of Police believes any information
26 given by the Commissioner to the Commission is
27 sensitive police information, the Commissioner, in
28 writing, may certify the information is confidential
29 police information.
30 (3) If the Commission receives confidential police
31 information from the Commissioner of Police, then,
page 34
Professional Combat Sports Amendment Bill 2009
s. 56
1 despite any other provision of this Act, the
2 Commission must not disclose it to any person
3 except --
4 (a) a court;
5 (b) the Minister;
6 (c) the Parliamentary Commissioner for
7 Administrative Investigations appointed under
8 the Parliamentary Commissioner Act 1971;
9 (d) the Corruption and Crime Commission
10 established under the Corruption and Crime
11 Commission Act 2003;
12 (e) the Parliamentary Inspector of the Corruption
13 and Crime Commission appointed under the
14 Corruption and Crime Commission Act 2003;
15 (f) a person to whom disclosure has been permitted
16 by the Commissioner.
17 (4) If the Commission under Part III or IV --
18 (a) refuses an application for registration or for a
19 renewal of registration; or
20 (b) cancels a registration,
21 and the decision is made wholly or partly on the basis
22 of confidential police information received from the
23 Commissioner of Police, then, despite any other
24 provision of this Act, the Commission need not give
25 any reasons for its decision other than that it is made in
26 the public interest.
27 (5) In proceedings in a court relating to a decision referred
28 to in subsection (4), the court --
29 (a) may decide whether information the
30 Commissioner of Police has certified is
31 confidential police information is sensitive
32 police information; and
page 35
Professional Combat Sports Amendment Bill 2009
s. 57
1 (b) may take evidence consisting of or relating to
2 that information by way of an affidavit of a
3 police officer of or above the rank of
4 Superintendent; and
5 (c) if the Commissioner of Police so requests, must
6 take all reasonable steps --
7 (i) to maintain the confidentiality of any
8 information that the court is satisfied is
9 sensitive police information; and
10 (ii) to prohibit the publication of evidence
11 about that information.
12 (6) The Commissioner of Police must not delegate the
13 function of certifying information as confidential
14 police information except to a Deputy Commissioner
15 of Police or an Assistant Commissioner of Police.
16
17 57. Section 54 replaced
18 Delete section 54 and insert:
19
20 54. Refusing applications, imposing or varying
21 conditions etc. and suspending or cancelling
22 registrations, procedure for
23 (1) The Commission must not --
24 (a) refuse a person's application for registration, or
25 for a renewal of a registration, made under
26 Part III or IV; or
27 (b) impose or vary a condition or restriction on a
28 person under Part III or IV; or
29 (c) suspend or cancel the registration of a person
30 under Part III (other than under section 24A) or
31 Part IV; or
page 36
Professional Combat Sports Amendment Bill 2009
s. 58
1 (d) refuse a person's application for a permit made
2 under Part VII; or
3 (e) impose or vary a term, condition or restriction
4 in a permit issued under Part VII to a person,
5 unless the Commission has given the person a
6 reasonable opportunity to be heard on the matter.
7 (2) If the Commission decides to take any action described
8 in subsection (2)(a) to (e) the Commission must give
9 the person a written notice of the decision and of the
10 reasons for it within 7 days after the date of it.
11 (3) A decision notice of which is given to a person under
12 subsection (2) takes effect on the date on which it is
13 given to the person or on any later date specified in it.
14
15 58. Section 56 deleted
16 Delete section 56.
17 59. Section 58 replaced
18 Delete section 58 and insert:
19
20 58. Evidentiary certificates
21 In any legal proceedings a certificate signed or
22 purporting to be signed by an officer of the Department
23 stating --
24 (a) that at a specified time a specified person was,
25 or was not, registered as a contestant of a
26 specified class or as an industry participant in a
27 specified capacity;
28 (b) that at a specified time the registration of a
29 specified person as a contestant of a specified
page 37
Professional Combat Sports Amendment Bill 2009
s. 60
1 class or as an industry participant in a specified
2 capacity has been cancelled;
3 (c) that the registration of a specified person as a
4 contestant of a specified class or as an industry
5 participant in a specified capacity had been
6 suspended for the period specified;
7 (d) that the registration of a person as a contestant
8 of a specified class or industry participant in a
9 specified capacity is due to expire, or expired
10 on a specified day,
11 is evidence of its contents.
12
13 60. Section 62A inserted
14 After section 61 insert:
15
16 62A. Rules for contests
17 (1) The Minister on the advice of the Commission must,
18 for each combat sport, approve rules to be observed in
19 any contest in that sport.
20 (2) Approved rules may consist of, or may incorporate,
21 adopt or operate by reference to, any code, standard or
22 other document (with or without modification) as in
23 force from time to time or as in force at a particular
24 time, as specified in the rules.
25 (3) If a code, standard or other document is applied,
26 adopted or incorporated in approved rules --
27 (a) a copy of the code, standard or other document
28 must be kept available for inspection by
29 members of the public, without charge and
30 during normal office hours, at a place
31 determined by the Minister; and
page 38
Professional Combat Sports Amendment Bill 2009
s. 61
1 (b) in any legal proceedings, evidence of the
2 contents of the code, standard or other
3 document may be given by production of a
4 document apparently certified by or on behalf
5 of the Minister as a true copy of the code,
6 standard or other document.
7 (4) The Minister on the advice of the Commission may --
8 (a) approve an amendment of approved rules; or
9 (b) cancel any approved rules.
10 (5) The Interpretation Act 1984 sections 41 and 42 apply,
11 with any necessary changes, to any rules approved,
12 amended or cancelled under this section.
13
14 61. Section 62 amended
15 (1) In section 62(2):
16 (a) delete "respect to --" and insert:
17
18 respect to any or all of the following --
19
20 (b) in paragraph (a) delete "professional";
21 (c) delete paragraph (c) and insert:
22
23 (c) titles that can be awarded to contestants;
24
25 (d) in paragraph (e) delete "contestants; and" and insert:
26
27 contestants;
28
page 39
Professional Combat Sports Amendment Bill 2009
s. 61
1 (2) After section 62(2) insert:
2
3 (3) Without limiting subsection (1) regulations may
4 prescribe persons who are taken to be registered under
5 this Act, being persons who are registered or licensed
6 under a law of a place outside the State, the purpose of
7 which substantially corresponds with the purpose of
8 this Act.
9 (4) Without limiting subsection (1) or the Interpretation
10 Act 1984 section 45A regulations made for the
11 purposes of section 44 may prescribe a fee that will
12 allow recovery of expenditure that is relevant to the
13 Commission performing its functions under sections 44
14 and 48 and at contests.
15 (5) Without limiting subsection (1) regulations with a
16 savings or transitional effect may be made to provide
17 for the consequences of the operation of the
18 amendments made to this Act by the Professional
19 Combat Sports Amendment Act 2009.
20
page 40
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