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