Combat Sports Act 2013 (NSW)

Case
No judgment structure available for this case.

Does not include amendments by—

Combat Sports Amendment Act 2024 No 16, Sch 1[3], to the extent it inserts the definitions of category 2 head injury sign and sports rules, [72] [74] [75], to the extent it inserts sec 66(1)(f), [76] and [87] (not commenced)

An Act to regulate the conduct of combat sports and combat sport contests; to constitute the Combat Sports Authority of New South Wales; to repeal the Combat Sports Act 2008; and for other purposes.

Part 1Preliminary1Name of Act

This Act is the Combat Sports Act 2013.

2Commencement

This Act commences on a day or days to be appointed by proclamation.

3Objects of Act

The objects of this Act are as follows—

  • (a)

    to promote the health and safety of combat sport contestants,

  • (b)

    to promote the integrity of combat sport contests,

  • (c)

    to regulate combat sport contests on a harm minimisation basis,

  • (d)

    to promote the development of the combat sport industry.

s 3: Am 2018 No 76, Sch 1 [1].

4Definitions(1A)

The dictionary in Schedule 3 defines words used in this Act.

Note—

The Interpretation Act 1987 contains definitions and other provisions affecting the interpretation and application of this Act.

(1)

(Renumbered as Sch 3)

(Renumbered as Sch 3)
(2)

Notes included in this Act do not form part of this Act.

s 4: Am 2018 No 76, Sch 1 [2]; 2024 No 16, Sch 1[1]–[3] [97].

5Amateur and professional combat sport contests(1)

In this Act, a combat sport contest is an amateur combat sport contest if—

  • (a)

    the contest has been approved by a relevant approved amateur body for the contest, and

  • (b)

    the contest is held in accordance with the approved amateur sports rules for the combat sport in which the combatants will engage in the contest, and

  • (c)

    the match-maker for the contest is a person nominated or approved by a relevant approved amateur body for the contest, and

  • (d)

    none of the combatants engaging in the contest are registered, under this Act or under the laws of another jurisdiction, in a professional class for the style of combat sport in which the combatants will engage in the contest, and

  • (e)

    the contest satisfies any other criteria prescribed by the regulations for the purposes of this subsection.

(2)

In this Act, a combat sport contest is a professional combat sport contest unless the contest is—

  • (a)

    an amateur combat sport contest, or

  • (b)

    an exhibition contest.

s 5: Am 2018 No 76, Sch 1 [3]. Subst 2024 No 16, Sch 1[4].

6Industry participants(1)

In this Act, industry participant means any of the following persons, whether or not they are employed or engaged on a full-time basis and whether or not they receive payment or other consideration for the activity concerned—

  • (a)

    an individual who acts on behalf of a promoter to arrange combat sport contests between particular combatants (a match-maker),

  • (b)

    a person who undertakes to represent the interests of a combatant in procuring the engagement of the combatant in a combat sport contest or who directs or controls the combat sport activities of any combatant (a manager),

  • (c)

    an individual who does any of the following (a trainer)—

    • (i)

      supervises the training or instruction of a combatant or who accompanies a combatant into or onto the contest area to give advice or assistance during a combat sport contest,

    • (ii)

      assists a combatant under the supervision or on the advice of a person mentioned in subparagraph (i),

    • (iii)

      assists a person mentioned in subparagraph (i) in the preparation of combatants,

  • (d)

    (Repealed)

  • (e)

    an individual who determines the points scored by each combatant in a combat sport contest (a judge),

  • (f)

    an individual who enforces the rules relating to a combat sport during the combat sport contest (a referee),

  • (g)

    an individual who regulates the number and length of rounds, and the interval between rounds, of a combat sport contest (a timekeeper),

  • (h)

    any other individual of a class of persons prescribed by the regulations for the purposes of this definition,

but does not include a promoter.

(2)

A class of persons may be prescribed for the purposes of subsection (1) if it consists of persons engaged in or employed in a profession, occupation or business in relation to a combat sport.

s 6: Am 2024 No 16, Sch 1[5] [6].

6AClose associates(1)

In this Act, a person is a close associate, of an applicant for registration as a promoter or manager under this Act or a registered promoter or manager, if—

  • (a)

    the person—

    • (i)

      holds or will hold a relevant financial interest, or is or will be entitled to exercise a relevant power, whether in the person’s own right or on behalf of another person, in the business of the applicant or registered promoter or manager, and

    • (ii)

      because of that interest or power is or will be able, in the Authority’s opinion, to exercise a significant influence over or in relation to the conduct of the business, or

  • (b)

    the person holds or will hold a relevant position, whether in the person’s own right or on behalf of another person, in the business of the applicant or registered promoter or manager.

(2)

In this section—

relevant financial interest, in relation to a business, means—

  • (a)

    a share in the capital of the business, or

  • (b)

    an entitlement to receive any income derived from the business, whether the entitlement arises at law or in equity or otherwise.

relevant position means any of the following positions—

  • (a)

    the position of director, manager or secretary,

  • (b)

    another position, however designated, if it is an executive position,

  • (c)

    any other position prescribed by the regulations for the purposes of this definition.

relevant power means any power, whether exercisable by voting or otherwise and whether exercisable alone or in association with others—

  • (a)

    to participate in a directorial, managerial or executive decision, or

  • (b)

    to elect or appoint a person to a relevant position.

s 6A: Ins 2024 No 16, Sch 1[7].

7Serological clearances(1)

In this Act, a serological clearance, for a person, means a certificate by a medical practitioner or a pathology service provider that states—

  • (a)

    in the medical practitioner’s or pathology service provider’s opinion, the person is not capable of transmitting to another person any medical condition or disease specified by the regulations, and

  • (b)

    the medical practitioner’s or pathology service provider’s opinion is based on the results of blood tests or other tests carried out on a date specified in the certificate.

(2)

For the purposes of this Act, a serological clearance is a current serological clearance if the tests referred to in the clearance were carried out within the period prescribed by the regulations.

(3)

In this section—

pathology service provider means a person who provides a pathology service.

s 7: Am 2015 No 58, Sch 1.3. Subst 2024 No 16, Sch 1[8].

7ACertificates of fitness(1)

In this Act, a certificate of fitness, for a person, means a certificate by a medical practitioner, in the approved form, certifying that, on the date specified in the certificate, the person—

  • (a)

    does not have any medical, health or other physical condition prescribed by the regulations as being a condition that disqualifies a person from being registered as a combatant for the registration class of combatant in which the person is, or has applied to be, registered (a disqualifying condition), and

  • (b)

    satisfies any other health requirements determined by the Authority or specified in the rules as being required to be met by the person for registration as a combatant for the registration class of combatant in which the person is, or has applied to be, registered, and

  • (c)

    is, in the medical practitioner’s opinion, otherwise fit to engage in combat sport.

(2)

For the purposes of this Act, a certificate of fitness is a current certificate of fitness if the certificate was signed by the medical practitioner not more than 28 days before the certificate is sought to be relied on by the person.

s 7A: Ins 2024 No 16, Sch 1[9].

8Approval of amateur combat sport bodies(1)

The Minister may, on application by a body corporate or other body and on the recommendation of the Authority, approve the body as an approved amateur body for a specified style, or styles, of combat sport for the purposes of this Act.

(2)

An application is to be made in the approved form.

(3)

An application is to be accompanied by any other information required by the Authority.

(4)

An approval may be made subject to conditions.

(4A)

An approved amateur body must comply with any conditions to which the body’s approval is subject.

Maximum penalty—100 penalty units.

(5)

The Minister may, on the recommendation of the Authority, at any time vary a condition of an approval or revoke an approval.

s 8: Am 2024 No 16, Sch 1[10].

Part 2Registration of combatants and industry participantsDivision 1Registration of combatants9Requirement for registration

A person must not engage in a combat sport contest as a combatant unless the person is registered as a combatant of the registration class applicable to that contest.

Maximum penalty—

  • (a)

    in the case of a person whose registration for the applicable registration class has been cancelled (other than a cancellation on surrender of registration)—80 penalty units or imprisonment for 6 months, or both, or

  • (b)

    in any other case—50 penalty units or 6 months imprisonment, or both.

10Registration classes of combatants

The Authority may, with the approval of the Minister, determine the registration classes of combatants for which persons may be registered under this Act.

s 10: Subst 2024 No 16, Sch 1[11].

11Application for registration as combatant(1)

A person may apply to the Authority to be registered as a combatant of a specified registration class or classes.

(2)

The application must—

  • (a)

    be in the approved form, and

  • (b)

    specify 1 or more registration classes of combatant for which the applicant is applying to be registered, and

  • (c)

    be accompanied by—

    • (i)

      a current certificate of fitness for the applicant, and

    • (ii)

      a current serological clearance for the applicant, and

    • (iii)

      any other document or information required by the Authority for the application, and

    • (iv)

      the fee, if any, prescribed by the regulations.

(2A)

If an application for the grant of a renewal of registration is duly made to the Authority before the registration ceases to have effect, the registration is taken to continue in force until the Authority notifies the applicant of a decision to renew the registration or refuse to renew the registration.

(2B)

The Authority may refuse to accept an application for the grant of a renewal of registration if the application is made more than 8 weeks before the registration ceases to have effect.

(2C)

The Authority may exempt an applicant from a requirement under subsection (2)(c)(i)–(iii) if, at the time the application is made—

  • (a)

    for a requirement under section (2)(c)(i)—the Authority already holds a current certificate of fitness for the applicant, or

  • (b)

    for a requirement under section (2)(c)(ii)—the Authority already holds a current serological clearance for the applicant, or

  • (c)

    for a requirement under section (2)(c)(iii)—the Authority already holds the document or information.

(3)

The regulations may prescribe the fee payable for an application and the manner in which it is to be paid.

s 11: Am 2018 No 76, Sch 1 [4]; 2023 No 35, Sch 1.6[1] [2]; 2024 No 16, Sch 1[12] [13].

12Minors not entitled to professional registration

A person who is under the age of 18 years is not entitled to apply for registration, or to be registered, for a registration class applicable to any professional combat sport contest.

13Determination of application(1)

The Authority may register an applicant as a combatant of a specified registration class if the Authority is satisfied of the following—

  • (a)

    that the application is made in accordance with this Division and any application fee has been paid,

  • (b)

    that the applicant is a fit and proper person to be registered as a combatant of that class,

  • (c)

    that the applicant is not less than the minimum age prescribed by this Act, the regulations or the rules as the minimum age required for registration as a combatant of that class,

  • (d)

    if the applicant is subject to a registration pre-condition, that the applicant has complied with the registration pre-condition,

  • (e)

    as to any other matter prescribed by the regulations for the purposes of this subsection.

(2)

The Authority must refuse to register an applicant as a combatant of a specified registration class if—

  • (a)

    it is not satisfied of the matters specified in subsection (1), or

  • (b)

    the applicant is a controlled member of a declared organisation under the Crimes (Criminal Organisations Control) Act 2012, or

    Note.

    Controlled members are prohibited from applying for registration—see section 27 of the Crimes (Criminal Organisations Control) Act 2012.

  • (c)

    it is of the opinion that it is not in the interests of the health or safety of the person to grant the registration, or

  • (c1)

    at the time the application is being determined, the applicant is registered for 1 or more other registration classes of combatant and the applicant’s registration for the other class or classes is suspended, or

  • (c2)

    in the Authority’s opinion, it would be contrary to the public interest to grant the registration, or

  • (d)

    in any other circumstances prescribed by the regulations for the purposes of this section.

(3)

Subsection (2) does not limit the grounds on which the Authority may refuse to register an applicant as a combatant of a specified registration class.

(4)

The Authority is not required to determine an application for registration if the Authority is not satisfied as to the identity of the applicant for registration or if the applicant fails, without reasonable excuse, to provide any relevant information requested by the Authority.

(5)

(Repealed)

s 13: Am 2018 No 76, Sch 1 [5]; 2024 No 16, Sch 1[14].

14Conditions of registration(1)

The Authority may, on registration of a combatant or at any later time, impose conditions on the registration.

(2)

The Authority may impose conditions on the registration of a combatant for the health or safety of the combatant or for any other reason it thinks fit.

(3)

The regulations may impose standard conditions on the registration of a combatant or a class of combatants.

(4)

The Authority may at any time revoke a condition or vary a condition of registration (other than a condition imposed by the regulations).

(5)

This section does not limit any other power of the Authority under this Act to impose conditions on registration.

(6)

A combatant must comply with any conditions imposed on the combatant’s registration.

Maximum penalty—50 penalty units.

s 14: Am 2018 No 76, Sch 1 [6] [7]; 2024 No 16, Sch 1[15] [16].

15Duration of registration(1)

The registration of a combatant ceases to have effect as follows, unless it is sooner cancelled or the term of registration is extended or reduced under this Act—

  • (a)

    if the registration is a renewal of a registration that has remained in force because of section 11 (2A)—the day that is 3 years after the date on which the previous registration would have ceased to have effect but for that subsection,

  • (b)

    in any other case—the day that is 3 years after the date it is granted.

(2)

Despite subsection (1), the Authority may register a combatant for a shorter period if the Authority is of the opinion that it is in the interests of the health or safety of the combatant to be registered for the shorter period.

(3)

(Repealed)

(4)

If a person who is registered as a combatant of a specified registration class or classes applies to the Authority during the person’s term of registration to be registered again as a combatant of the same registration class or classes, the person’s term of registration is extended until the Authority registers the person again or refuses to register the person again.

s 15: Am 2017 No 63, Sch 1.5 [1]; 2018 No 76, Sch 1 [8]; 2024 No 16, Sch 1[17].

15AVariation of registration to add registration classes(1)

A person registered as a combatant may apply to the Authority to vary the registration to add 1 or more registration classes of combatant.

(2)

The application must—

  • (a)

    be in the approved form, and

  • (b)

    be accompanied by the fee, if any, payable for the application as prescribed by the regulations, and

  • (c)

    specify the registration class or classes the person is applying to add, and

  • (d)

    be accompanied by—

    • (i)

      a current certificate of fitness for the applicant, and

    • (ii)

      a current serological clearance for the applicant, and

    • (iii)

      any other document or information required by the Authority for the application.

(3)

The Authority may exempt an applicant from a requirement under subsection (2)(d) if, at the time the application is made—

  • (a)

    for a requirement under section (2)(d)(i) or (ii)—the Authority already holds a current certificate or clearance for the applicant, or

  • (b)

    for a requirement under section (2)(d)(iii)—the applicant has already provided Authority with the document or information.

(4)

Section 13 applies to the application as if it were an application, under section 11, to be registered as a combatant for the class to be added.

(5)

To avoid doubt, if the Authority grants an application to add a registration class (the added class) to the applicant’s registration as a combatant, the person’s registration in the added class ends on the same day as the applicant’s registration as a combatant before the addition of the added class.

s 15A: Ins 2024 No 16, Sch 1[18].

16Restriction on registration of former professional combatants in amateur classes(1)

This section applies to a person who—

  • (a)

    is, or has been, registered as a combatant in a registration class applicable to professional combat sport contests for a style of combat sport, or

  • (b)

    has competed as a combatant in a professional combat sport contest.

(2)

The Authority must not register the person for a registration class applicable to amateur combat sport contests for the same style of combat sport unless the Authority is satisfied the subsequent registration is appropriate.

(3)

The Authority may determine guidelines for deciding whether it is appropriate to subsequently register a person under subsection (2).

(4)

The Authority must publish any guidelines determined under subsection (3) on the Authority’s website.

(5)

In deciding whether it is appropriate to register the person, the Authority must have regard to any guidelines published under subsection (4).

(6)

The person’s registration in the registration class applicable to professional combat sport contests for a style of combat sport is cancelled if the person is subsequently registered in the registration class applicable to amateur combat sport contests for the same style of combat sport.

s 16: Subst 2024 No 16, Sch 1[19].

16AAutomatic suspension of registration—medical suspensions(1)

A person’s registration as a combatant is automatically suspended in the following circumstances—

  • (a)

    the person loses a combat sport contest by knockout under the sports rules for the combat sport involved in the contest,

  • (b)

    the person becomes the subject of an automatic or other suspension on the basis of a medical suspension certification by an authority responsible for the regulation and administration of combat sports in another jurisdiction,

  • (c)

    the person becomes the subject of a medical suspension certification by a medical practitioner in New South Wales,

  • (d)

    the person becomes the subject of a medical suspension certification by a medical practitioner in another jurisdiction.

(2)

In this Act, the suspension of a person’s registration under this section is a medical suspension.

(3)

The suspension of the person’s registration as a combatant under this section applies to each registration class of combatant in which the person is registered.

(4)

In this section—

knockout

  • (a)

    includes a technical knockout if the person who calls for the contest to be stopped (the caller) does so—

    • (i)

      on the basis that the caller observed a category 1 head injury sign in a combatant, or

    • (ii)

      under a direction by another person who observed a category 1 head injury sign in a combatant, but

  • (b)

    does not include a tap out or submission.

medical suspension certification means a certification by a medical practitioner on any of the following terms—

  • (a)

    that, in the medical practitioner’s opinion, the person is not medically fit to engage in a combat sport contest or sparring,

  • (b)

    that the person must not engage in any combat sport contest or sparring until the person has been examined and cleared by a medical practitioner as being fit to engage in combat sport,

  • (c)

    that the person must not engage in any combat sport contest or sparring before a specified date,

  • (d)

    that the person must not engage in any combat sport contest or sparring before a specified date unless the person has been examined and cleared by a medical practitioner as being fit to engage in combat sport.

s 16A: Ins 2024 No 16, Sch 1[20].

16BAutomatic suspension of registration—safety training conditions

A person’s registration as a combatant is automatically suspended if the person does not comply with a safety training condition of the person’s registration.

s 16B: Ins 2024 No 16, Sch 1[20].

16CDuration of automatic suspensions(1)

The medical suspension of a person’s registration starts—

  • (a)

    for a medical suspension under section 16A(1)(a)—as soon as the knockout occurs, or

  • (b)

    for a medical suspension under section 16A(1)(b)—when the automatic or other suspension started, or

  • (c)

    for a medical suspension under section 16A(1)(c) or (d)—when the person is notified of the medical suspension.

(2)

The medical suspension of a person’s registration ends—

  • (a)

    for a medical suspension under section 16A(1)(a)—in accordance with the regulations, or

  • (b)

    for a medical suspension relating to a certification that the person is not medically fit to engage in a combat sport contest or sparring—on the day a medical practitioner subsequently certifies that the person is medically fit to engage in a contest or sparring, or

  • (c)

    for a medical suspension under section 16A(1)(b)—on the day the automatic or other suspension ends, or

  • (d)

    for a medical suspension relating to a certification that the person must not engage in any combat sport contest or sparring until the person has been examined and cleared by a medical practitioner as being fit to engage in combat sport—on the day the person is examined and cleared by a medical practitioner as being fit to engage in combat sport, or

  • (e)

    for a medical suspension relating to a certification that the person must not engage in any combat sport contest or sparring before a specified date—on the specified date, or

  • (f)

    for a medical suspension relating to a certification that the person must not engage in any combat sport contest or sparring before a specified date unless the person has been examined and cleared by a medical practitioner as being fit to engage in combat sport—on the earlier of the specified date or the day the person is examined and cleared by a medical practitioner as being fit to engage in combat sport.

(3)

The automatic suspension of a person’s registration under section 16B—

  • (a)

    starts at the end of the day on which the person was due to comply with the safety training condition, and

  • (b)

    ends at the end of the day on which person complies with the safety training condition as stated in the notice given under section 16G(2).

s 16C: Ins 2024 No 16, Sch 1[20].

16DAuthority must notify combatants of particular medical suspensions(1)

As soon as reasonably practicable after becoming aware that a combatant is the subject of a medical suspension imposed as a result of a certification given by a medical practitioner under Part 3, the Authority must give the combatant written notice of the combatant’s medical suspension.

(2)

The notice must state the following—

  • (a)

    the combatant’s name,

  • (b)

    that the person’s registration as a combatant is automatically suspended under the Act, section 16A,

  • (c)

    for a medical suspension under section 16A(1)(a)—the details of the contest in which the combatant was knocked out,

  • (d)

    for a medical suspension under section 16A(1)(c)—the details of the medical suspension certification,

  • (e)

    when the medical suspension started and will end.

s 16D: Ins 2024 No 16, Sch 1[20].

16ECombatant must notify Authority of particular medical suspensions(1)

This section applies to a combatant who becomes the subject of a medical suspension other than a medical suspension imposed as a result of a certification given by a medical practitioner under Part 3.

(2)

The combatant must give the Authority notice of the medical suspension as soon as reasonably practicable after becoming aware of the medical suspension.

Maximum penalty—50 penalty units.

(3)

The notice must—

  • (a)

    state the combatant’s name, and

  • (b)

    state that the combatant is the subject of a medical suspension, and

  • (c)

    state the day on which the combatant became aware of the medical suspension, and

  • (d)

    for a medical suspension referred to in section 16A(1)(b)–(d)—

    • (i)

      state the name and contact details of the authority or medical practitioner, and

    • (ii)

      state the terms of the medical suspension, and

    • (iii)

      be accompanied by a copy of the medical suspension certification.

s 16E: Ins 2024 No 16, Sch 1[20].

16FCombatant must notify Authority of end of particular medical suspensions(1)

This section applies if the notice of a combatant’s medical suspension given under section 16D or 16E does not specify a date on which the medical suspension ends.

(2)

The combatant must give the Authority written notice of the end of the combatant’s medical suspension as soon as practicable after the medical suspension ends.

(3)

The notice must include the following information—

  • (a)

    the combatant’s name,

  • (b)

    the day on which the medical suspension ended,

  • (c)

    details of the medical suspension to which the notice relates, including the conditions that were required to be met for the medical suspension to end,

  • (d)

    a copy of any certification by a medical practitioner required to end the medical suspension.

s 16F: Ins 2024 No 16, Sch 1[20].

16GAuthority must notify combatants of automatic suspension—safety training conditions(1)

As soon as reasonably practicable after becoming aware of the automatic suspension of a person’s registration under section 16B, the Authority must give the person written notice of the suspension.

(2)

As soon as reasonably practicable after becoming aware that a person has complied with the safety training condition to which the automatic suspension relates, the Authority must give the person written notice of the end of the suspension.

(3)

A notice given under this section must state the following—

  • (a)

    the person’s name and combatant registration number,

  • (b)

    the safety training condition to which the suspension relates,

  • (c)

    that the person’s registration as a combatant is, or was, automatically suspended under the Act, section 16B,

  • (d)

    the day on which the suspension started,

  • (e)

    for a notice under subsection (1)—that the suspension will end at the end of the day on which the person complies with the safety training condition,

  • (f)

    for a notice under subsection (2)—the day on which the person complied with the safety training condition.

s 16G: Ins 2024 No 16, Sch 1[20].

17Register of combatants(1)

The Authority must keep a register of combatants.

(2)

The register must contain the following—

  • (a)

    the name, address and date of birth of each registered combatant,

  • (b)

    the name used by a registered combatant for combat sport purposes and any other name by which the combatant is or has been known, if not the same as the combatant’s name,

  • (c)

    a contact telephone number or email contact details for each registered combatant,

  • (d)

    the registration class or classes of each combatant, particulars of any conditions to which each registration is subject and the period of each registration,

  • (e)

    details of each serological clearance provided to the Authority for each registered combatant, including the date the applicable tests were carried out,

  • (f)

    particulars of any suspension or cancellation of registration or any registration pre-condition imposed,

  • (g)

    any results of combat sport contests provided to the Authority,

  • (h)

    information relating to certificates provided by medical practitioners as to the fitness or unfitness of combatants provided to the Authority,

  • (i)

    any other information or documents prescribed by the regulations or that the Authority thinks appropriate.

(3)

The register is to be maintained in the manner and form approved by the Authority.

(4)

The Authority must ensure that information kept on the register is accurate and up-to-date.

(5)

The regulations may make provision for or with respect to—

  • (a)

    the information on the register that may be made publicly available, and

  • (b)

    the circumstances in which information on the register must be made available to particular persons.

(6)

It is a condition of the registration of a combatant that the combatant must notify the Authority in writing of any change in the combatant’s name, other name (if any) used for combat sport purposes, address or registered contact details not later than 14 days after the change occurs.

s 17: Am 2024 No 16, Sch 1[21].

Division 2Medical record books18Issue of medical record books(1)

The Authority must issue each registered combatant with a medical record book in the form the Authority considers appropriate, including in electronic form.

(2)

A medical record book may contain 1 or more medical record cards in the approved form.

(3)

The Authority may, but is not required to, issue a medical record book to a registered combatant who has an equivalent record issued in accordance with, or recognised under, the law of another State or Territory or another country.

(4)

In any such case where a medical record book is not issued, the equivalent record is taken to be the medical record book of the registered combatant for the purposes of this Act and the regulations.

s 18: Am 2024 No 16, Sch 1[22].

19Provisions relating to medical record books(1)

The regulations may make provision for or with respect to medical record books for registered combatants.

(2)

Without limiting subsection (1), the regulations may provide for the following—

  • (a)

    the issue of medical record books to registered combatants,

  • (b)

    the making of entries in, endorsements on, and alterations to, medical record books,

  • (c)

    the production of medical record books,

  • (d)

    the surrender, re-issue and replacement of medical record books,

  • (e)

    the protection of medical record books.

Division 3Registration of industry participants and promoters20Industry participants and promoters must be registered(1)

An individual must not carry out an activity as an industry participant unless the individual is registered as an industry participant of the registration class applicable to that activity.

Maximum penalty—

  • (a)

    in the case of a person whose registration for the applicable registration class has been cancelled (other than cancellation on surrender of registration)—80 penalty units or 6 months imprisonment, or both, or

  • (b)

    in any other case—50 penalty units or imprisonment for 6 months, or both.

(2)

An individual must not arrange a combat sport contest unless the individual is registered as a promoter of the registration class applicable to that contest.

Maximum penalty—

  • (a)

    in the case of a person whose registration for the applicable registration class has been cancelled (other than cancellation on surrender of registration)—160 penalty units or 6 months imprisonment, or both, or

  • (b)

    in any other case—100 penalty units or 6 months imprisonment, or both.

Note.

It is an offence under section 39 to hold a combat sport contest without being the holder of a permit for that contest.

(3)

A corporation must not—

  • (a)

    carry out an activity as a manager unless the corporation is registered as a manager for the registration class applicable to the contest, or

  • (b)

    otherwise carry out an activity as an industry participant.

Maximum penalty—

  • (a)

    for a corporation whose registration for the applicable registration class has been cancelled, other than cancellation on surrender of registration—320 penalty units, or

  • (b)

    otherwise—200 penalty units.

(4)

A corporation must not promote a combat sport contest unless the corporation is registered as a promoter for the registration class applicable to the contest.

Maximum penalty—

  • (a)

    for a corporation whose registration for the applicable registration class has been cancelled, other than cancellation on surrender of registration—320 penalty units, or

  • (b)

    otherwise—200 penalty units.

(5)

Subsections (3) and (4) do not apply to a corporation in respect of an activity or combat sport contest if—

  • (a)

    the activity or contest is carried out or arranged by an officer or employee of the corporation, and

  • (b)

    the officer or employee is registered as an industry participant or promoter of a registration class applicable to that activity or contest.

(6)

This section does not apply to the following activities of an approved amateur body—

  • (a)

    the approval of an amateur combat sport contest,

  • (b)

    arranging for a judge, referee, timekeeper or combat sport inspector to officiate at or attend an amateur combat sport contest.

  • (c)

    (Repealed)

(7)

This section does not apply to a person who merely provides or controls premises at which a combat sport contest is held.

s 20: Am 2024 No 16, Sch 1[23] [24].

21Unauthorised persons must not hold themselves out as being industry participants or promoters(1)

A person must not hold out that the person is an industry participant for the purposes of a combat sport contest unless—

  • (a)

    the person is registered as an industry participant of the registration class applicable to that contest, and

  • (b)

    the person is carrying out or proposing to carry out activities as an industry participant in relation to that contest.

Maximum penalty—50 penalty units, or 6 months imprisonment, or both.

(2)

A person must not hold out that the person is the promoter of a combat sport contest unless—

  • (a)

    the person is registered as a promoter of the registration class applicable to that contest, and

  • (b)

    the person is the promoter of that contest.

Maximum penalty—360 penalty units, or 12 months imprisonment, or both.

s 21: Am 2018 No 76, Sch 1 [9].

22Registration classes of industry participants and promoters

The Authority may, with the approval of the Minister, determine the registration classes of industry participants and promoters for which persons may be registered for this Act.

s 22: Subst 2024 No 16, Sch 1[25].

23Application for registration as industry participant or promoter(1)

An individual may apply to the Authority to be registered as an industry participant or promoter for a specified registration class or classes.

(1A)

A corporation may apply to the Authority to be registered as a manager or promoter for a specified registration class or classes.

(2)

The application must—

  • (a)

    be in the approved form, and

  • (b)

    specify 1 or more classes in which the applicant is applying to be registered, and

  • (c)

    for an application by a corporation—

    • (i)

      include the name and contact details of a person nominated by the corporation to be the contact person for the purposes of the registration, and

    • (ii)

      include the following details for each close associate of the applicant—

      • (A)

        the close associate’s name,

      • (B)

        the close associate’s date and place of birth,

      • (C)

        the close associate’s residential address, and

  • (d)

    be accompanied by any other document or information required by the Authority for the application, and

  • (e)

    be accompanied by the fee, if any, prescribed by the regulations.

(2A)

If an application for the grant of a renewal of registration is duly made to the Authority before the registration ceases to have effect, the registration is taken to continue in force until the Authority notifies the applicant of a decision to renew the registration or refuse to renew the registration.

(2B)

The Authority may refuse to accept an application for the grant of a renewal of registration if the application is made more than 8 weeks before the registration ceases to have effect.

(2C)

The Authority may exempt an applicant from the requirement under subsection (2)(d) if, at the time the application is made, the Authority already holds the information.

(3)

(Repealed)

s 23: Am 2018 No 76, Sch 1 [10]; 2023 No 35, Sch 1.6[3]; 2024 No 16, Sch 1[26]–[30].

24Minors not entitled to certain kinds of registration

A person who is under the age of 18 years is not entitled to apply for registration as, or to be registered as, an industry participant of a registration class applicable to a manager or match-maker or as a promoter.

25Determination of application(1)

The Authority may register an applicant as an industry participant or promoter of a specified registration class if the Authority is satisfied of the following—

  • (a)

    that the application is made in accordance with this Division and any application fee has been paid,

  • (b)

    that the applicant is a fit and proper person to be registered as an industry participant or promoter of that class,

  • (c)

    for an application by an individual—that the applicant is not less than the minimum age prescribed by this Act, the regulations or the rules as the minimum age required for registration as an industry participant or promoter of that class,

  • (d)

    if the applicant is subject to a registration pre-condition, that the applicant has complied with the registration pre-condition,

  • (e)

    as to any other matter prescribed by the regulations for the purposes of this subsection.

(2)

The Authority must refuse to register an applicant as an industry participant or promoter of a specified registration class if—

  • (a)

    it is not satisfied of the matters specified in subsection (1), or

  • (b)

    the applicant is a controlled member of a declared organisation under the Crimes (Criminal Organisations Control) Act 2012, or

    Note.

    Controlled members are prohibited from applying for registration—see section 27 of the Crimes (Criminal Organisations Control) Act 2012.

  • (c)

    an adverse security determination has been made by the Commissioner of Police about the applicant, or

  • (c1)

    that, in the Authority’s opinion, it would be contrary to the public interest to grant the registration, or

  • (d)

    in any other circumstances prescribed by the regulations for the purposes of this section.

(3)

Subsection (2) does not limit the grounds on which the Authority may refuse to register an applicant as an industry participant or promoter of a specified registration class.

(4)

The Authority is not required to determine an application for registration if the Authority is not satisfied as to the identity of the applicant for registration or if the applicant fails, without reasonable excuse, to provide relevant information requested by the Authority.

(5)

For the purposes of determining an application by a corporation for registration as a manager or promoter, a reference in this section to the applicant includes a reference to each close associate of the applicant.

s 25: Am 2024 No 16, Sch 1[31]–[33].

26Security determinations(1)

The Authority must refer an application for registration as an industry participant in a registration class applicable to a match-maker, manager or promoter, and any relevant accompanying information, that is made in accordance with this Act to the Commissioner of Police for an investigation and determination as to either or both of the following—

  • (a)

    whether the applicant is a fit and proper person to be registered,

  • (b)

    whether it would be contrary to the public interest for the person to be registered.

(2)

On a referral under this section, the Commissioner is to inquire into and determine, and report to the Authority on, the matters set out in the referral.

(3)

The Commissioner is not required to make a determination under this section if the Commissioner is not satisfied as to the identity of the applicant for registration.

(4)

For the purpose of making a determination, the Commissioner may have regard to any criminal intelligence report or other criminal information held in relation to the applicant that—

  • (a)

    is relevant to the applicant’s proposed role as a match-maker, manager or promoter, or

  • (b)

    causes the Commissioner to conclude that improper conduct is likely to occur if the applicant were registered, or

  • (c)

    causes the Commissioner not to have confidence that improper conduct will not occur if the applicant were registered.

(5)

For the purpose of making a determination, and without limitation, the Commissioner may consider the following—

  • (a)

    information relating to spent convictions, despite anything to the contrary in the Criminal Records Act 1991,

  • (b)

    information relating to criminal charges, whether or not heard, proven, dismissed, withdrawn or discharged,

  • (c)

    information relating to offences, despite anything to the contrary in section 579 of the Crimes Act 1900.

(6)

For the purposes of investigating and making a determination in relation to an application by a corporation for registration as a manager or promoter, a reference in this section to the applicant includes a reference to each close associate of the applicant.

s 26: Am 2024 No 16, Sch 1[34].

27Conditions of registration(1)

The Authority may, on registration of an industry participant or promoter or at any later time, impose conditions on the registration.

(2)

The regulations may impose standard conditions on the registration of an industry participant or promoter or a class of industry participants or promoters.

(3)

The Authority may at any time revoke a condition or vary a condition of registration (other than a condition imposed by the regulations).

(4)

This section does not limit any other power of the Authority under this Act to impose conditions on registration.

(5)

An industry participant or promoter must comply with any conditions imposed on the industry participant’s or promoter’s registration.

Maximum penalty—

  • (a)

    for an individual—50 penalty units, or

  • (b)

    otherwise—100 penalty units.

s 27: Am 2018 No 76, Sch 1 [11] [12]; 2024 No 16, Sch 1[35] [36].

28Duration of registration(1)

The registration of an industry participant or promoter ceases to have effect as follows, unless it is sooner cancelled or the term of registration is extended or reduced under this Act—

  • (a)

    if the registration is a renewal of a registration that has remained in force because of section 23 (2A)—the day that is 3 years after the date on which the previous registration would have ceased to have effect but for that subsection,

  • (b)

    in any other case—the day that is 3 years after the date it is granted.

(2)

(Repealed)

(3)

If a person who is registered as an industry participant or promoter of a specified registration class or classes applies to the Authority during the person’s term of registration to be registered again as an industry participant or promoter of the same registration class or classes, the person’s term of registration is extended until the Authority registers the person again or refuses to register the person again.

s 28: Am 2017 No 63, Sch 1.5 [2]; 2018 No 76, Sch 1 [13]; 2024 No 16, Sch 1[37].

28AVariation of registration to add registration class(1)

A person registered as an industry participant may apply to the Authority to vary the person’s registration to add 1 or more registration classes of industry participant.

(2)

A person registered as a promoter may apply to the Authority to vary the person’s registration to add 1 or more registration classes of promoter.

(3)

The application must—

  • (a)

    be in the approved form, and

  • (b)

    be accompanied by the fee, if any, payable for the application prescribed by the regulations, and

  • (c)

    specify the registration class or classes the person is applying to add, and

  • (d)

    be accompanied by any other document or information required by the Authority for the application.

(4)

The Authority may exempt an applicant from a requirement under subsection (3)(d) if the applicant has already provided the Authority with the document or information.

(5)

Sections 25 and 26 apply to the application as if it were an application, under section 23, to be registered as an industry participant or promoter for the registration class to be added.

(6)

To avoid doubt, if the Authority grants an application to add a registration class (the added class), the applicant’s registration in the added class ends on the same day as the applicant’s registration as an industry participant or promoter before the addition of the added class.

s 28A: Ins 2024 No 16, Sch 1[38].

28BAutomatic suspension of registration—safety training conditions

A person’s registration as an industry participant or promoter is automatically suspended if the person does not comply with a safety training condition of the person’s registration.

s 28B: Ins 2024 No 16, Sch 1[38].

28CDuration of automatic suspension of registration—safety training conditions(1)

The automatic suspension of a person’s registration under section 28B starts at the end of the day on which the person was due to comply with the safety training condition.

(2)

The suspension ends at the end of the day on which the person complies with the safety training condition as specified in the notice given under section 28D.

s 28C: Ins 2024 No 16, Sch 1[38].

28DNotice of automatic suspension of registration—safety training conditions(1)

As soon as reasonably practicable after becoming aware of the automatic suspension of a person’s registration under section 28B, the Authority must give the person written notice of the suspension.

(2)

As soon as reasonably practicable after becoming aware that a person has complied with the safety training condition to which the automatic suspension relates, the Authority must give the person written notice of the end of the suspension.

(3)

A notice given under this section must state the following—

  • (a)

    the person’s name and industry participant or promoter registration number,

  • (b)

    the safety training condition to which the suspension relates,

  • (c)

    that the person’s registration as an industry participant or promoter is automatically suspended under section 28B,

  • (d)

    the day on which the suspension started,

  • (e)

    for a notice under subsection (1)—that the suspension will end at the end of the day on which the person complies with the safety training condition,

  • (f)

    for a notice under subsection (2)—the day on which the person complied with the safety training condition.

s 28D: Ins 2024 No 16, Sch 1[38].

29Register of industry participants and promoters(1)

The Authority must keep a register of industry participants and promoters.

(2)

The register must contain the following—

  • (a)

    the name, address and date of birth of each registered industry participant or promoter,

  • (b)

    any other name by which the industry participant or promoter is or has been known, if not the same as the industry participant’s or promoter’s name,

  • (c)

    a contact telephone number or email contact details for each registered industry participant or promoter,

  • (d)

    the registration class or classes of each industry participant or promoter, particulars of any conditions to which each registration is subject and the period of each registration,

  • (e)

    particulars of any suspension or cancellation of registration or registration pre-condition imposed,

  • (f)

    any other information or documents prescribed by the regulations or that the Authority thinks appropriate.

(3)

The register is to be maintained in the manner and form approved by the Authority.

(4)

The Authority must ensure that information kept on the register is accurate and up-to-date.

(5)

The regulations may make provision for or with respect to—

  • (a)

    the information included in the register that may be made publicly available, and

  • (b)

    the circumstances in which information included in the register must be made available to particular persons.

(6)

It is a condition of the registration of an industry participant or promoter that the person must notify the Authority in writing of any change in the person’s name, address or registered contact details not later than 14 days after the change occurs.

s 29: Am 2024 No 16, Sch 1[39].

Division 4Disciplinary and other provisions30Grounds for disciplinary action(1)

The grounds on which disciplinary action may be taken against a registered combatant, industry participant or promoter are as follows—

  • (a)

    the person has contravened, or the Authority has reasonable grounds to believe that the person is likely to contravene, a provision of this Act, the regulations or the rules,

  • (b)

    the person has contravened a law of another State or a Territory and the contravention would, if it had occurred in New South Wales, be a contravention of this Act, the regulations or the rules,

  • (c)

    the person has contravened, or the Authority has reasonable grounds to believe that the person is likely to contravene, a condition of the person’s registration or of a permit under this Act held by the person,

  • (d)

    the person is not a fit and proper person to be registered,

  • (e)

    the Authority is satisfied that it would be contrary to the public interest for the person to be or remain registered.

(2)

The regulations may specify other circumstances in which the Authority may take disciplinary action under this Division.

s 30: Am 2024 No 16, Sch 1[40].

31Notice to show cause why disciplinary action should not be taken(1)

The Authority must, before taking disciplinary action against a registered combatant, industry participant or promoter, give the person a show cause notice and consider any response by the person within the period specified in the notice.

(2)

A show cause notice must—

  • (a)

    specify the grounds on which disciplinary action is proposed to be taken against the person and specify the proposed action, and

  • (b)

    invite the person to give reasons to the Authority, within the period specified in the notice (being a period of not less than 14 days after the notice is given), as to why disciplinary action of the kind specified in the notice should not be taken, and

  • (c)

    specify the date and time of a meeting of the Authority at which the person may also attend and respond to the notice, and

  • (d)

    advise the person that the person may be represented at the meeting by a legal practitioner or other person, and

  • (e)

    advise the person that it is an offence to provide false or misleading information in response to the notice.

(3)

The Authority must ensure that the show cause notice does not, in specifying the grounds on which disciplinary action is proposed to be taken or otherwise, disclose the existence or content of any criminal intelligence report or other criminal information without the approval of the Commissioner of Police.

(4)

A person who is given a notice under this section may respond to the notice in writing or at a meeting of the Authority or in both ways.

(5)

The Authority is to determine, after the end of the period specified in the show cause notice, whether or not to take disciplinary action against the person given the notice.

32Suspension during show cause process

The Authority may, by notice in writing to a person who is given a show cause notice, suspend the registration of the person under this Act until the Authority determines whether or not to take further disciplinary action at the end of the period specified in the show cause notice.

33Disciplinary action may be taken(1)

The Authority may take disciplinary action against a registered combatant, industry participant or promoter if the Authority is of the opinion that there are grounds on which the action may be taken and the person has not, within the period specified in the show cause notice, shown sufficient reasons why the action should not be taken.

(2)

The following actions are disciplinary actions

  • (a)

    cancellation of registration,

  • (b)

    suspension of registration,

  • (c)

    reducing the period of registration or imposing or varying a condition on registration,

  • (d)

    giving a written warning.

(3)

The Authority may take disciplinary action against a person whether or not the person has been convicted of an offence for a contravention of this Act or the regulations or the law concerned.

(4)

The Authority is not limited to taking the disciplinary action specified in the show cause notice.

(5)

A disciplinary action takes effect when notice in writing of the action is given to the person subject to the action or on a later day specified in the notice.

s 33: Am 2018 No 76, Sch 1 [14].

34Cancellation of registration on security grounds(1)

The Authority must cancel the registration of a person registered as a match-maker, manager or promoter if the Commissioner of Police advises the Authority of an adverse security determination about the person.

(2)

The Authority must cancel the registration of a person if the Authority becomes aware that the person is a controlled member of a declared organisation under the Crimes (Criminal Organisations Control) Act 2012.

(3)

The Commissioner may, at the Commissioner’s discretion or at the request of the Authority, investigate and determine either or both of the following—

  • (a)

    whether a registered match-maker, manager or promoter is a fit and proper person to continue to be registered,

  • (b)

    whether it would be contrary to the public interest for the person to continue to be registered.

(4)

On a request under this section, the Commissioner is to inquire into and determine, and report to the Authority on, the matters set out in the request.

(5)

Section 26 (3)–(5) apply to a determination under this section about a registered person in the same way as they apply to a determination under that section about an applicant for registration.

(6)

The Authority is not required to give a show cause notice to a person before taking action under this section.

35Conditions on suspension or cancellation(1)

The Authority may suspend registration under this Division—

  • (a)

    for a specified period or indefinitely, or

  • (b)

    until specified conditions are met by the registered person.

(2)

If the Authority cancels a person’s registration under this division, the Authority may impose a condition (a registration pre-condition) that the person must meet before the person is again eligible to be registered under this Act.

(3)

The Authority may at any time revoke or vary a condition imposed on a suspension under this Division or as a registration pre-condition.

s 35: Am 2024 No 16, Sch 1[41].

36Effect of suspension(1)

A person must not engage in a combat sport contest as a combatant while the person’s registration as a combatant of the registration class applicable to that contest is suspended.

Maximum penalty—

  • (a)

    if the suspension was on health or safety grounds under Division 2 of Part 4—50 penalty units, or

  • (b)

    in any other case—80 penalty units, or 6 months imprisonment, or both.

(2)

A person must not carry out an activity as an industry participant while the person’s registration as an industry participant of a registration class applicable to that activity is suspended.

Maximum penalty—80 penalty units, or 6 months imprisonment, or both.

(3)

A person must not arrange a combat sport contest while the person’s registration as a promoter of the registration class applicable to that contest is suspended.

Maximum penalty—160 penalty units, or 6 months imprisonment, or both.

(4)

A person must not hold a combat sport contest if the person’s registration as a promoter of the registration class applicable to that contest is suspended.

Maximum penalty—500 penalty units, or 12 months imprisonment, or both.

37Surrender of registration(1)

A registered combatant, industry participant or promoter may, at any time, by written notice to the Authority, surrender either—

  • (a)

    the registered combatant’s, industry participant’s or promoter’s registration as a combatant, industry participant or promoter for 1 or more classes of registration specified in the notice, or

  • (b)

    the registered combatant’s, industry participant’s or promoter’s registration for all classes for which the combatant, industry participant or promoter is registered.

(2)

On receiving the notice, the Authority must—

  • (a)

    for a notice under subsection (1)(a)—cancel the person’s registration as a combatant, industry participant or promoter for the class or classes of registration specified in the notice, or

  • (b)

    for a notice under subsection (1)(b)—cancel the person’s registration as a combatant, industry participant or promoter for all classes of registration in which the person is registered.

s 37: Subst 2024 No 16, Sch 1[42].

Part 2AAccreditation of attending medical practitioners

pt 2A: Ins 2024 No 16, Sch 1[43].

Division 1Accreditation of attending medical practitioners

pt 2A, div 1: Ins 2024 No 16, Sch 1[43].

37AAttending medical practitioners must be accredited(1)

A person must not carry out an activity as, or exercise a function of, an attending medical practitioner unless the person is accredited as an attending medical practitioner by the Authority.

Maximum penalty—50 penalty units.

(2)

A promoter for a combat sport contest must not engage a person to be present, in the capacity of an attending medical practitioner, at a weigh-in for the contest or at the contest unless the person is accredited as an attending medical practitioner by the Authority.

Maximum penalty—

  • (a)

    for an individual—500 penalty units, or

  • (b)

    otherwise—1000 penalty units.

s 37A: Ins 2024 No 16, Sch 1[43].

37BApplications for accreditation as attending medical practitioner(1)

A medical practitioner may apply to the Authority for accreditation as an attending medical practitioner.

(2)

An application must—

  • (a)

    be in the approved form, and

  • (b)

    be accompanied by the fee, if any, payable for the application as prescribed by the regulations, and

  • (c)

    be accompanied by—

    • (i)

      evidence of the medical practitioner’s current registration with the Australian Health Practitioner Regulation Agency as a medical practitioner, and

    • (ii)

      evidence that the medical practitioner holds current medical indemnity insurance of an appropriate level to cover a combat sport contest, and

    • (iii)

      evidence that the medical practitioner holds any other qualification, or has successfully completed any training or course of education, required by the Authority for accreditation, and

    • (iv)

      any other document or information prescribed by the regulations or required by the Authority for the application.

s 37B: Ins 2024 No 16, Sch 1[43].

37CDeciding application(1)

The Authority may accredit a medical practitioner as an attending medical practitioner if the Authority is satisfied of the following—

  • (a)

    that the application is made in accordance with this division,

  • (b)

    any other matter prescribed by the regulations.

(2)

The Authority must refuse to accredit a medical practitioner as an attending medical practitioner—

  • (a)

    if the Authority is not satisfied of the matters specified in subsection (1), or

  • (b)

    in any other circumstances prescribed by the regulations.

(3)

Subsection (2) does not limit the grounds on which the Authority may refuse to accredit a medical practitioner as an attending medical practitioner.

(4)

The Authority is not required to decide an application for accreditation as an attending medical practitioner if—

  • (a)

    the Authority is not satisfied as to the identity of the applicant, or

  • (b)

    the applicant fails, without reasonable excuse, to provide any relevant document or information requested by the Authority.

s 37C: Ins 2024 No 16, Sch 1[43].

37DConditions of accreditation(1)

The Authority may, on the accreditation of an attending medical practitioner or at any later time, impose conditions on the accreditation.

(2)

The regulations may impose standard conditions on the accreditation of attending medical practitioners.

(3)

The Authority may, at any time, revoke a condition or vary a condition on the accreditation of an attending medical practitioner, other than a standard condition imposed by the regulations.

(4)

This section does not limit any other power of the Authority under this Act to impose conditions on accreditation.

(5)

A person must comply with any conditions imposed on the person’s accreditation.

Maximum penalty for subsection (5)—50 penalty units.

s 37D: Ins 2024 No 16, Sch 1[43].

37ERegister of attending medical practitioners(1)

The Authority must keep a register of attending medical practitioners.

(2)

The register must include the following details for each person accredited as an attending medical practitioner—

  • (a)

    the person’s name and date of birth,

  • (b)

    the person’s home address and business address,

  • (c)

    the person’s telephone number or email,

  • (d)

    the person’s Australian Health Practitioner Regulation Agency registration number,

  • (e)

    details of any conditions to which the person’s accreditation is subject,

  • (f)

    details of any suspension or cancellation of the person’s accreditation, including any conditions or pre-accreditation conditions imposed,

  • (g)

    any other information prescribed by the regulations.

(3)

The Authority may determine the way in which the register is maintained.

(4)

The Authority must ensure that information included on the register is accurate and up to date.

(5)

The regulations may make provision for or with respect to—

  • (a)

    the information included on the register that may be made publicly available, and

  • (b)

    the circumstances in which information included on the register must be made available to particular persons.

s 37E: Ins 2024 No 16, Sch 1[43].

Division 2Disciplinary and other provisions

pt 2A, div 2: Ins 2024 No 16, Sch 1[43].

37FGrounds for disciplinary action

The Authority may take disciplinary action against an attending medical practitioner on any of the following grounds—

  • (a)

    the attending medical practitioner is no longer a medical practitioner or the attending medical practitioner’s registration with the Australian Health Practitioner Regulation Agency as a medical practitioner is suspended,

  • (b)

    the Authority considers the attending medical practitioner is not satisfactorily exercising, or cannot satisfactorily exercise, the functions of an attending medical practitioner,

  • (c)

    the attending medical practitioner has contravened, or the Authority has reasonable ground to believe the attending medical practitioner is likely to contravene, a provision of this Act, the regulations or the rules,

  • (d)

    the attending medical practitioner has contravened a law of another jurisdiction and the contravention would, if it had occurred in New South Wales, be a contravention of this Act, the regulations or the rules,

  • (e)

    the attending medical practitioner has not complied with, or the Authority has reasonable ground to believe the attending medical practitioner is likely to not comply with, a condition of the attending medical practitioner’s accreditation,

  • (f)

    the attending medical practitioner no longer holds current medical indemnity insurance of an appropriate level to cover a combat sport contest,

  • (g)

    any other ground prescribed by the regulations.

s 37F: Ins 2024 No 16, Sch 1[43].

37GNotice to show cause why disciplinary action should not be taken(1)

If the Authority believes a ground to take disciplinary action against an attending medical practitioner exists, the Authority must give the attending medical practitioner written notice (a show cause notice) that states the following—

  • (a)

    the attending medical practitioner’s name,

  • (b)

    the disciplinary action the Authority proposes taking (the proposed action),

  • (b)

    details of the accreditation to which the proposed action relates,

  • (c)

    details of the ground for the proposed action,

  • (d)

    if the proposed action is a suspension of the attending medical practitioner’s accreditation—the proposed period of the suspension,

  • (e)

    that the attending medical practitioner may make written submissions to the Authority, within a stated period of not less than 14 days after the show cause notice is given to the attending medical practitioner (the submission period), about why the proposed action should not be taken,

  • (f)

    the date and time of a meeting of the Authority at which the attending medical practitioner may also attend and respond to the show cause notice,

  • (g)

    that the attending medical practitioner may be represented at the meeting by a legal representative or other person,

  • (h)

    that it is an offence to give false or misleading information in response to the show cause notice.

(2)

The Authority must ensure the show cause notice does not, in stating the ground on which disciplinary action is proposed to be taken or otherwise, disclose the existence or content of any criminal intelligence report or other criminal information without the approval of the Commissioner of Police.

(3)

The attending medical practitioner may respond to the notice—

  • (a)

    in writing to the Authority, or

  • (b)

    at the meeting of the Authority stated in the notice, or

  • (c)

    in both ways.

(4)

After the end of the submission period, the Authority must decide whether or not to take disciplinary action against the attending medical practitioner.

(5)

In deciding whether to take disciplinary action, the Authority must consider any response given by the attending medical practitioner to the show cause notice—

  • (a)

    within the submission period, or

  • (b)

    at the meeting of the Authority stated in the notice.

s 37G: Ins 2024 No 16, Sch 1[43].

37HSuspension during show cause process(1)

The Authority may, by written notice to an attending medical practitioner given a show cause notice under section 37G, suspend the person’s accreditation as an attending medical practitioner until the Authority decides whether or not to take disciplinary action against the person under this division.

(2)

The notice must state—

  • (a)

    the date on which the suspension of the person’s accreditation as an attending medical practitioner starts, and

  • (b)

    that the person’s registration as an attending medical practitioner is suspended until the Authority decides whether or not to take disciplinary action against the person under this division.

s 37H: Ins 2024 No 16, Sch 1[43].

37IDisciplinary action may be taken(1)

The Authority may take disciplinary action against the attending medical practitioner if the Authority is satisfied—

  • (a)

    there are grounds for taking the disciplinary action, and

  • (b)

    after considering any responses referred to in section 37G(5), the attending medical practitioner has not shown sufficient reasons why disciplinary action should not be taken.

(2)

The following actions are disciplinary actions the Authority may take—

  • (a)

    cancellation of the attending medical practitioner’s accreditation,

  • (b)

    suspension of the attending medical practitioner’s accreditation,

  • (c)

    imposition or variation of a condition on the attending medical practitioner’s accreditation,

  • (d)

    the giving of a written warning to the attending medical practitioner.

(3)

The Authority may take disciplinary action against the attending medical practitioner whether or not the attending medical practitioner has been convicted of an offence against this Act, the regulations or any other law.

(4)

The Authority is not limited to taking the disciplinary action stated in the show cause notice.

(5)

The Authority must give the attending medical practitioner written notice of the Authority’s decision.

(6)

The notice must include the following details—

  • (a)

    the attending medical practitioner’s name,

  • (b)

    if disciplinary action is taken against the attending medical practitioner—

    • (i)

      details of the disciplinary action taken, and

    • (ii)

      details of the ground on which the disciplinary action is being taken,

  • (d)

    if the disciplinary action is a suspension of the attending medical practitioner’s accreditation—

    • (i)

      the day on which the suspension starts, and

    • (ii)

      the day on which the suspension ends,

  • (e)

    if the disciplinary action is cancellation of the attending medical practitioner’s accreditation—the day on which cancellation takes effect,

  • (f)

    any other details prescribed by the regulations.

s 37I: Ins 2024 No 16, Sch 1[43].

37JConditions on suspension or cancellation of accreditation(1)

The Authority may suspend a person’s accreditation as an attending medical practitioner under this division—

  • (a)

    for a specified period or indefinitely, or

  • (b)

    until specified conditions are met by the person.

(2)

If the Authority cancels a person’s accreditation under this division, the Authority may impose a condition (an accreditation pre-condition) that the person must meet before the person is again eligible to be accredited as an attending medical practitioner under this Act.

(3)

The Authority may, at any time, revoke or vary—

  • (a)

    a condition imposed under subsection (1), or

  • (a)

    a pre-accreditation condition.

s 37J: Ins 2024 No 16, Sch 1[43].

37KEffect of suspension

A person must not carry out an activity as, or exercise a function of, an attending medical practitioner while the person’s accreditation as an attending medical practitioner is suspended.

Maximum penalty—50 penalty units.

s 37K: Ins 2024 No 16, Sch 1[43].

Part 3Regulation of combat sport contestsDivision 1Permits to hold combat sport contests38Application of Division

This Division applies to a combat sport contest that consists of—

  • (a)

    a single combat sport contest, or

  • (b)

    2 or more combat sport contests, if the contests are held on the one occasion and at the same venue, or

  • (c)

    2 or more combat sport contests, if the contests are held on consecutive days and at the same venue.

s 38: Am 2024 No 16, Sch 1[44].

39Requirement for permit to hold particular combat sport contest(1)

A person must not hold a combat sport contest unless the person is the holder of a permit to promote the contest.

Maximum penalty—

  • (a)

    for an individual—360 penalty units or imprisonment for 12 months, or both, or

  • (b)

    otherwise—720 penalty units.

(2)

For the purposes of subsection (1)—

  • (a)

    a person does not hold a combat sport contest if the person only provides or controls the premises at which the contest is held, and

  • (b)

    an approved amateur body does not hold an amateur combat sport contest if the approved amateur body only does 1 or both of the following—

    • (i)

      approves the contest,

    • (ii)

      arranges for a judge, referee, timekeeper or combat sport inspector to officiate at or attend the contest.

s 39: Subst 2024 No 16, Sch 1[45].

40Application for permit(1)

A person may apply to the Authority for a permit to hold a combat sport contest.

(2)

An application must—

  • (a)

    be in the approved form, and

  • (b)

    be accompanied by any other information required by the Authority, and

  • (c)

    be made not less than 28 days before the date of the proposed combat sport contest or within such lesser period as the Authority may approve in a particular case, and

  • (d)

    be accompanied by the fee, if any, prescribed by the regulations.

(3)

(Repealed)

s 40: Am 2024 No 16, Sch 1[46]–[48].

41Determination of application(1)

The Authority may grant a permit to hold a combat sport contest if the Authority is satisfied of the following—

  • (a)

    that the application is made in accordance with this Division and any application fee has been paid,

  • (b)

    that the applicant is a registered promoter of a registration class applicable to the contest,

  • (c)

    in the case of an amateur combat sport contest, that the contest has been approved by an applicable approved amateur body,

  • (d)

    as to any other matter prescribed by the regulations for the purposes of this section.

(2)

The Authority must refuse to grant a permit for a combat sport contest—

  • (a)

    if it is not satisfied of the matters specified in subsection (1), or

  • (b)

    if the Commissioner of Police has advised the Authority that there is a serious risk to public health or safety or a serious risk of substantial damage to property if the contest were held, or

  • (c)

    in any other circumstances prescribed by the regulations for the purposes of this section.

(3)

Subsection (2) does not limit the grounds on which the Authority may refuse to grant a permit.

(4)

For the purpose of giving advice under this section, the Commissioner of Police may consider a criminal intelligence report, other criminal information or any other matter the Commissioner thinks fit.

s 41: Am 2018 No 76, Sch 1 [15].

42Conditions of permit(1)

The Authority may, on granting a permit to hold a combat sport contest or at any time before the contest, impose conditions on the permit.

(2)

The regulations may impose standard conditions on a permit granted to a promoter or a class of promoters.

(3)

The Authority may at any time revoke a condition or vary a condition of a permit (other than a condition imposed by the regulations).

(4)

The holder of a permit must comply with any conditions imposed on the permit.

Maximum penalty—

  • (a)

    for an individual—20 penalty units, or

  • (b)

    otherwise—40 penalty units.

s 42: Am 2018 No 76, Sch 1 [16] [17]; 2024 No 16, Sch 1[49] [50].

43Notification to police of permits

The Authority must, as soon as practicable after granting a permit to hold a combat sport contest, cause the Commissioner of Police to be notified in writing of the date, time and venue of the contest.

44Revocation of permits by Authority(1)

The Authority may, at any time before a combat sport contest is held, revoke the permit to hold the contest.

(2)

The Authority must not revoke a permit to hold a combat sport contest within 24 hours before the scheduled start of the contest unless it is satisfied that special circumstances exist warranting that action.

(3)

The Authority must notify the Commissioner of Police in writing of any decision to revoke a permit to hold a combat sport contest.

(4)

The Authority must notify the Minister in writing of any decision to revoke a permit to hold a combat sport contest within 24 hours before the scheduled start of the contest and must specify the special circumstances that warranted the action.

(5)

The regulations may specify the special circumstances in which a permit to hold a combat sport contest may be revoked within 24 hours before the scheduled start of the contest.

45Revocation of permits by Commissioner of Police(1)

The Commissioner of Police may, at any time before a combat sport contest is held, revoke the permit to hold the contest if the Commissioner is satisfied that, if the contest were held, there would be a serious risk—

  • (a)

    to public health or safety, or

  • (b)

    of substantial damage to property.

(2)

The Commissioner of Police must, as soon as practicable after revoking a permit to hold a combat sport contest, notify the Authority of the decision to revoke the permit.

(3)

For the purpose of determining whether to take action under this section, the Commissioner of Police may consider a criminal intelligence report, other criminal information or any other matter the Commissioner thinks fit.

s 45: Am 2014 No 88, Sch 1.2 [1]–[5]; 2018 No 76, Sch 1 [15].

Division 2General conduct of combat sport contests46Conduct of combat sport contests(1)

The regulations may make provision for or with respect to the conduct of combat sport contests, and (without limitation) for or with respect to the health or safety of combatants who are, will be or intend to be engaged in contests.

(2)

Without limiting subsection (1), the regulations may make provision for or with respect to the following—

  • (a)

    the attendance of a combat sport inspector or other persons at a weigh-in for a combat sport contest,

  • (b)

    the recording of a combatant’s particulars at a weigh-in for a contest,

  • (c)

    the provision of serological clearances at or before a contest,

  • (d)

    the attendance of a combat sport inspector or other persons at a contest,

  • (e)

    the functions of an approved amateur body in relation to amateur combat sport contests or weigh-ins for amateur combat sport contests.

47Combat sport contests prohibited at certain places

A person must not hold a combat sport contest, or a combat sport contest of a class prescribed by the regulations, at—

  • (a)

    a place prescribed by the regulations for the purposes of this section, or

  • (b)

    a place of a class or description prescribed by the regulations for the purposes of this section.

Maximum penalty—

  • (a)

    in the case of a corporation—1,000 penalty units, or

  • (b)

    in the case of an individual—500 penalty units or 12 months imprisonment, or both.

48Promoter and match-maker must ensure eligibility of combatants and industry participants(1)

The promoter of a combat sport contest must ensure that each combatant and industry participant involved in the contest has the applicable registration for the contest, or is exempt from that requirement under this Act.

(2)

Any match-maker for a combat sport contest must ensure that each combatant involved in the contest has the applicable registration for the contest, or is exempt from that requirement under this Act.

Maximum penalty—80 penalty units, or 6 months imprisonment, or both.

49Requirement for current serological clearances(1)

The promoter of a combat sport contest must not permit a combatant to engage in the contest unless the combatant has a current serological clearance.

Maximum penalty—500 penalty units or 12 months imprisonment, or both.

(2)

A combatant must not engage in a combat sport contest unless the combatant has a current serological clearance.

Maximum penalty—80 penalty units, or 6 months imprisonment, or both.

50Unfit combatant not to engage in contests or sparring(1)

A combatant must not engage in a combat sport contest or sparring in the following circumstances—

  • (a)

    a medical practitioner certifies under this part that, in the medical practitioner’s opinion, the combatant is not medically fit to engage in the contest or sparring and the combatant is notified of the certification,

  • (b)

    a medical practitioner certifies, under this part or otherwise, that the combatant must not engage in any combat sport contest or sparring until the combatant has been examined and cleared by a medical practitioner as being fit to engage in combat sports and—

    • (i)

      the combatant is notified of the certification, and

    • (ii)

      the combatant has not been examined and cleared by a medical practitioner as being fit to engage in combat sports before the contest or sparring,

  • (c)

    a medical practitioner certifies, under this part or otherwise, that the combatant must not engage in any combat sport contest or sparring before a specified date, and—

    • (i)

      the combatant is notified of the certification, and

    • (ii)

      the contest or sparring is held before the specified date,

  • (d)

    a medical practitioner certifies, under this part or otherwise, that the combatant must not engage in any combat sport contest or sparring before a specified date unless the combatant has been examined and cleared by a medical practitioner as being fit to engage in combat sports and—

    • (i)

      the combatant is notified of the certification, and

    • (ii)

      the contest or sparring is held before the specified date and the combatant has not been examined and cleared by a medical practitioner as being fit to engage in combat sports before the contest or sparring.

Maximum penalty—50 penalty units.

(2)

This section does not apply in relation to a matter certified by a medical practitioner, other than an attending medical practitioner, to the extent that the Authority, on the advice or recommendation of a medical practitioner or after considering the report of a medical practitioner, directs that it is not to apply.

(3)

The combatant must give the Authority written notice of the medical practitioner’s certification as soon as practicable after being notified of the certification unless the certification is given under this part.

Maximum penalty—20 penalty units.

s 50: Subst 2024 No 16, Sch 1[51].

51Obligation of promoter—unfit combatant(1)

The promoter of a combat sport contest must not permit a combatant to engage in that contest if a medical practitioner certifies under this Part that, in the opinion of the medical practitioner, the combatant is not medically fit to engage in the contest.

Maximum penalty—

  • (a)

    for an individual—500 penalty units or imprisonment for 12 months, or both, or

  • (b)

    otherwise—1,000 penalty units.

(2)

This section does not apply in respect of a matter certified by a medical practitioner (other than an attending medical practitioner) to the extent that the Authority, on the advice or recommendation of a medical practitioner or after considering the report of a medical practitioner, directs that it is not to apply.

s 51: Am 2024 No 16, Sch 1[52].

52Obligation of promoter—protective clothing and equipment

The promoter of a combat sport contest must ensure that each combatant complies with any requirements of the regulations or rules relating to the wearing or use of protective clothing or equipment.

Maximum penalty—

  • (a)

    for an individual—160 penalty units, or

  • (b)

    otherwise—320 penalty units.

s 52: Am 2024 No 16, Sch 1[53].

53Obligation of promoter—attending medical practitioner

The promoter of a combat sport contest must ensure that a medical practitioner accredited under Part 2A is present at and after the contest for the purposes of exercising the functions of an attending medical practitioner.

Maximum penalty—

  • (a)

    for an individual—500 penalty units or imprisonment for 12 months, or both, or

  • (b)

    otherwise—1,000 penalty units.

s 53: Am 2024 No 16, Sch 1[54] [55].

54Obligation of promoter—notice of injury or death

The promoter of a combat sport contest who becomes aware that a combatant has died or been admitted to hospital within 48 hours of the contest must, as soon as practicable after becoming aware of the death or admission, notify the Authority in writing of the death or place of admission and the date of the death or admission.

105Penalty notices(1)

An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.

(2)

A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.

(3)

The Fines Act 1996 applies to a penalty notice issued under this section.

Note.

The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.

(4)

However, section 22A (1) of the Fines Act 1996 does not apply in relation to disciplinary action under this Act or the making of a prohibition order under Part 4 of this Act.

(5)

The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).

(6)

This section does not limit the operation of any other provision of, or made under, this or any other Act relating to proceedings that may be taken in respect of offences.

(7)

In this section, authorised officer means—

  • (a)

    a police officer, or

  • (b)

    a member of the Authority, or

  • (c)

    a person employed in the Office of Sport who is authorised in writing by the Chief Executive of that Office as an authorised officer for the purposes of this section.

s 105: Am 2014 No 88, Sch 1.2 [8]. Subst 2017 No 63, Sch 3.3.

106Regulations(1)

The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.

(2)

In particular, regulations may be made for or with respect to the following—

  • (a)

    the use and custody of the seal of the Authority,

  • (b)

    any matter in relation to which a rule may be made,

  • (b1)

    the classification of combat sports,

  • (c)

    the exemption of persons or classes of persons, or styles of combat sports or classes of combat sports, from provisions of this Act, either unconditionally or subject to conditions,

  • (d)

    the waiver, refunding or reduction of fees or other charges payable under this Act or the regulations and the ways in which the fees or other charges may be processed or paid.

(3)

The regulations may contain provisions of a savings or transitional nature consequent on regulations made for the purposes of or in connection with the definition of combat sport in section 4 (1).

(4)

The regulations may create an offence punishable by a penalty not exceeding 100 penalty units.

(5)

In the event of any inconsistency between a regulation and a rule, the regulation prevails to the extent of the inconsistency.

s 106: Am 2024 No 16, Sch 1[88]–[91].

107Rules(1)

The Authority may make rules, not inconsistent with this Act or the regulations, for or with respect to any aspect of engagement in combat sports in New South Wales.

(2)

Without limiting subsection (1), rules may be made for or with respect to all or any of the following—

  • (a)

    any of the functions of the Authority or of approved amateur bodies for the purposes of this Act,

  • (b)

    the medical examination of combatants, industry participants and related reporting requirements,

  • (c)

    the functions of combat sport inspectors for the purposes of this Act,

  • (d)

    the appointment of, and fees payable to, combat sport officials for professional combat sport contests,

  • (e)

    the establishment of ratings for combatants,

  • (f)

    weigh-ins,

  • (g)

    combat sport titles,

  • (h)

    combat sport equipment,

  • (i)

    age limits for combatants,

  • (j)

    the regulation of combat sport contests,

  • (k)

    the accreditation and functions of medical officers in connection with combat sport contests,

  • (l)

    rest periods for combatants,

  • (m)

    the wearing or use of protective clothing or equipment by combatants,

  • (n)

    the making and observance of codes of conduct for registered combatants and registered industry participants and promoters,

  • (o)

    requirements for insurance cover for combatants, industry participants and promoters,

  • (p)

    the classification of combat sports.

(3)

A rule cannot be made except with the approval of the Minister.

(4)

A rule must not be inconsistent with a provision of this Act or the regulations.

(5)

The Authority may, by making a rule, amend or revoke a rule made under this section.

(6)

A rule—

  • (a)

    must be published in the Gazette, and

  • (b)

    takes effect on and from the date of publication or a later date specified in the rule.

(7)

A provision of a rule may—

  • (a)

    apply generally or be limited in its application by reference to specified exceptions or factors, or

  • (b)

    apply differently according to different factors of a specified kind, or

  • (c)

    authorise any matter or thing to be from time to time determined, applied or regulated by any specified person or body,

or may do any combination of those things.

s 107: Am 2024 No 16, Sch 1[92] [93].

108Notification and taking effect of decisions(1)

The Authority must notify, in writing—

  • (a)

    an applicant for registration or a permit under this Act of a decision to grant or refuse the registration or permit, and

  • (b)

    a registered person of a decision to impose a condition of registration or to revoke or vary a condition of registration, and

  • (c)

    a person of a decision to impose a registration pre-condition with respect to the person or to revoke or vary a registration pre-condition with respect to the person, and

  • (d)

    a person granted a permit of a decision to impose a condition on the permit or to revoke or vary a condition of a permit or to revoke the permit.

(2)

The Minister must notify, in writing, an amateur combat sport body of a decision to approve the body as an approved amateur body for a style of combat sport or to revoke or vary any such approval or a condition of such an approval.

(3)

A decision that is required by this section to be notified takes effect on the giving of the notice or such later day as is specified in the notice.

109Approved forms

The Authority may approve forms for use under this Act.

s 109: Rep 1987 No 15, sec 30C. Ins 2024 No 16, Sch 1[94].

110Review of Act(1)

The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.

(2)

The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.

(3)

A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.

Schedule 1Constitution and procedure of the Authority

(Section 80 (3))

Part 1General1Definitions

In this Schedule—

appointed member means a person who is appointed by the Minister as a member of the Authority.

Chairperson means the Chairperson of the Authority.

member means any member of the Authority.

Part 2Constitution2Terms of office of members(1)

Subject to this Schedule, an appointed member holds office for such period (not exceeding 4 years) as is specified in the member’s instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.

(2)

A person may not be appointed as a member for a total period that exceeds 9 years.

(3)

The total period of appointment of a member includes—

  • (a)

    any past period as a member, including under this Act or as a member of the Authority under the Combat Sports Act 2008, whether or not served consecutively, and

  • (b)

    the period of any proposed appointment.

3Remuneration

An appointed member is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the member.

4Deputies(1)

The Minister may, from time to time, appoint a person to be the deputy of an appointed member, and the Minister may revoke any such appointment.

(2)

The nominee of the Commissioner of Police may, from time to time, with the approval of the Minister, appoint a person to be his or her deputy as a member.

(3)

In the absence of a member, the member’s deputy may, if available, act in the place of the member.

(4)

While acting in the place of a member, a person—

  • (a)

    has all the functions of the member and is taken to be a member, and

  • (b)

    is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the person.

(5)

For the purposes of this clause, a vacancy in the office of a member is taken to be an absence of the member.

5Vacancy in office of member(1)

The office of a member becomes vacant if the member—

  • (a)

    dies, or

  • (b)

    completes a term of office and is not re-appointed, or

  • (c)

    resigns the office by instrument in writing addressed to the Minister, or

  • (d)

    is removed from office by the Governor under this clause, or

  • (e)

    is absent from 4 consecutive meetings of the Authority of which reasonable notice has been given to the member personally or by post, except on leave granted by the Minister or unless the member is excused by the Minister for having been absent from those meetings before the expiration of 4 weeks after the last of those meetings, or

  • (f)

    becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit, or

  • (g)

    becomes a mentally incapacitated person, or

  • (h)

    is convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or more or is convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable.

(2)

The Governor may at any time remove a member from office.

(3)

Without affecting the generality of subclause (2), the Governor may remove from office a member who contravenes the provisions of clause 7.

6Filling of vacancy in office of member(1)

If—

  • (a)

    the office of a member referred to in section 80 (1) (a) or (2) (b) or (c) becomes vacant, or

  • (b)

    the membership of the Authority (not counting any deputies of members) is reduced to fewer than 5 members as a result of the office of a member becoming vacant,

a person is, subject to this Act, to be appointed to fill the vacancy.

(2)

A person may, subject to this Act, be appointed to fill any vacancy other than a vacancy that is to be filled under subclause (1).

7Disclosure of pecuniary interests(1)

If—

  • (a)

    a member has a direct or indirect pecuniary interest in—

    • (i)

      a matter being considered or about to be considered at a meeting of the Authority, or

    • (ii)

      a thing being done or about to be done by the Authority, and

  • (b)

    the interest appears to raise a conflict with the proper performance of the member’s duties in relation to the consideration of the matter,

the member must, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a meeting of the Authority.

(2)

A disclosure by a member at a meeting of the Authority that the member—

  • (a)

    is a member, or is in the employment, of a specified company or other body, or

  • (b)

    is a partner, or is in the employment, of a specified person, or

  • (c)

    has some other specified interest relating to a specified company or other body or to a specified person,

is a sufficient disclosure of the nature of the interest in any matter or thing relating to that company or other body or to that person that may arise after the date of the disclosure and that is required to be disclosed under subclause (1).

(3)

Particulars of any disclosure made under this clause must be recorded by the Authority in a book kept for the purpose and that book must be open at all reasonable hours for inspection by any person on payment of the fee determined by the Authority.

(4)

After a member has disclosed the nature of an interest in any matter or thing, the member must not, unless the Minister or the Authority otherwise determines—

  • (a)

    be present during any deliberation of the Authority with respect to the matter or thing, or

  • (b)

    take part in any decision of the Authority with respect to the matter or thing.

(5)

For the purposes of the making of a determination by the Authority under subclause (4), a member who has a direct or indirect pecuniary interest in a matter or thing to which the disclosure relates must not—

  • (a)

    be present during any deliberation of the Authority for the purpose of making the determination, or

  • (b)

    take part in the making of the determination by the Authority.

(6)

A contravention of this clause does not invalidate any decision of the Authority.

(7)

A reference in this clause to a meeting of the Authority includes a reference to a meeting of a committee of the Authority.

8Effect of certain other Acts(1)

The statutory provisions relating to the employment of Public Service employees do not apply to the appointment or office of an appointed member.

(2)

If by or under any Act provision is made—

  • (a)

    requiring a person who is the holder of a specified office to devote the whole of his or her time to the duties of that office, or

  • (b)

    prohibiting the person from engaging in employment outside the duties of that office,

the provision does not operate to disqualify the person from holding that office and also the office of a member or from accepting and retaining any remuneration payable to the person under this Act as a member.

Part 3Procedure9General procedure

The procedure for the calling of meetings of the Authority and for the conduct of business at those meetings is, subject to this Act and the regulations, to be as determined by the Authority.

10Quorum

The quorum for a meeting of the Authority is a majority of its members.

11Presiding member(1)

The Chairperson (or, in the absence of the Chairperson, another member elected as chairperson for the meeting by the members present) is to preside at a meeting of the Authority.

(2)

The presiding member has a deliberative vote and, in the event of an equality of votes, has a second or casting vote.

12Voting

A decision supported by a majority of the votes cast at a meeting of the Authority at which a quorum is present is the decision of the Authority.

13Minutes

The Authority must cause full and accurate minutes to be kept of the proceedings of each meeting of the Authority.

14Transaction of business outside meetings or by telecommunication(1)

The Authority may, if it thinks fit, transact any of its business by the circulation of papers among all the members of the Authority for the time being, and a resolution in writing approved in writing by a majority of those members is taken to be a decision of the Authority.

(2)

The Authority may, if it thinks fit, transact any of its business at a meeting at which members (or some members) participate by telephone, closed-circuit television or other means, but only if any member who speaks on a matter before the meeting can be heard by the other members.

(3)

For the purposes of—

  • (a)

    the approval of a resolution under subclause (1), or

  • (b)

    a meeting held in accordance with subclause (2),

the Chairperson and each member have the same voting rights as they have at an ordinary meeting of the Authority.

(4)

A resolution approved under subclause (1) is, subject to the regulations, to be recorded in the minutes of the meetings of the Authority.

(5)

Papers may be circulated among the members for the purposes of subclause (1) by facsimile or other transmission of the information in the papers concerned.

15First meeting

The Minister may call the first meeting of the Authority in such manner as the Minister thinks fit.

sch 1: Am 2024 No 16, Sch 1[95].

Schedule 2Savings and transitional provisionsPart 1Preliminary1Regulations(1)

The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act or any Act that amends this Act.

(2)

Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.

(3)

To the extent to which any such provision takes effect from a date that is earlier than the date of its publication on the NSW legislation website, the provision does not operate so as—

  • (a)

    to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or

  • (b)

    to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.

Part 2Provisions arising from enactment of this Act2Definitions

In this Part—

existing disqualification show cause notice means a show cause notice issued under section 57 (1) of the former Act not earlier than 14 days before the repeal of that section.

existing member means a person who was a member of the Authority immediately before the commencement of section 80.

existing registration show cause notice means a show cause notice issued under section 13 (3) or 29 (3) of the former Act not earlier than 14 days before the repeal of the section concerned.

former Act means the Combat Sports Act 2008.

3General provision(1)

Anything done or omitted to be done or commenced to be done under or in relation to a provision of the former Act is taken to have been done or omitted or commenced to be done under or in relation to the corresponding provision of this Act.

(2)

This clause does not apply—

  • (a)

    to the extent that its application is inconsistent with any other provision of this Schedule or a provision of a regulation made under this Schedule, or

  • (b)

    to the extent that its application would be inappropriate in a particular case.

4Continuation of Authority

The Authority is a continuation of, and the same legal entity as, the Combat Sports Authority of New South Wales constituted by the former Act.

5Existing members of Authority(1)

An existing member is taken to have been appointed as a member of the Authority under this Act and the person’s term of appointment ends on the same day on which it would have ended had the former Act not been repealed.

(2)

It does not matter that the number of existing members appointed under this clause exceeds the total number of members permitted to be appointed to the Authority by this Act.

6Existing registrations(1)

A person who was, immediately before the repeal of section 9 of the former Act, registered as a combatant of a prescribed class is taken to be registered as a combatant of the corresponding registration class under this Act and is subject to the same conditions of registration.

(2)

A person who was, immediately before the repeal of section 24 of the former Act, registered as an industry participant (including a promoter) of a prescribed class is taken to be registered as an industry participant or promoter of the corresponding registration class, as applicable, under this Act and is subject to the same conditions of registration.

(3)

A registration taken to be in force under this clause ends on the day on which the registration would have ended but for the repeal of section 11 or 27 of the former Act, unless it is sooner cancelled under this Act.

7Amateur combatants(1)

Section 9 does not apply to a person who engages in an amateur combat sport contest as a combatant within the transitional period.

(2)

The transitional period is the period—

  • (a)

    of 6 months commencing on the commencement of section 9, or

  • (b)

    such longer period after that commencement (not exceeding 2 years) as the Authority may approve in respect of persons who engage in a contest approved by a particular approved amateur body.

8Industry participants or promoters for amateur combat sport contests(1)

Section 20 does not apply to a person who acts as an industry participant for an amateur combat sport contest within the transitional period.

(2)

The transitional period is the period—

  • (a)

    of 6 months commencing on the commencement of section 20, or

  • (b)

    such longer period after that commencement (not exceeding 2 years) as the Authority may approve in respect of persons who act as industry participants for a contest approved by a particular approved amateur body.

(3)

Section 20 does not apply to any act done by a person in the capacity of a promoter for an amateur combat sport contest within 90 days after the commencement of that section.

9Permits for combat sport contests

A person who was, immediately before the repeal of section 36 or 56 of the former Act, the holder of a permit to promote a combat sport contest is taken to be the holder of a permit under this Act for the contest.

10Existing combat sport inspectors(1)

A person who, immediately before the repeal of section 61 of the former Act, was a combat sport inspector under that Act is taken to be a combat sport inspector appointed under this Act.

(2)

This clause does not apply to a combat sport inspector appointed as such in his or her capacity as a member of the Authority.

11Existing disciplinary proceedings(1)

An existing registration show cause notice given to a registered combatant or a registered industry participant is taken to be a notice issued under section 31 of this Act.

(2)

A suspension of the registration of a combatant under the former Act that had effect immediately before the repeal of section 13 of the former Act is taken to be a suspension, for the same period, in force under Division 4 of Part 2 of this Act.

(3)

A suspension of the registration of an industry participant under the former Act that had effect immediately before the repeal of section 29 of the former Act is taken to be a suspension, for the same period, in force under Division 4 of Part 2 of this Act.

12Existing disqualifications(1)

An existing disqualification show cause notice given to a person is taken to be a notice issued under section 67 of this Act.

(2)

An order disqualifying a person made under section 57 of the former Act, and in force immediately before the repeal of that section, is taken to be a general prohibition order made under this Act.

13References to previous disciplinary actions in registers

A requirement to include in a register under this Act particulars of any suspension or cancellation of registration, or any registration pre-condition, includes any suspension, cancellation or registration pre-condition in force under the former Act immediately before the commencement of the requirement.

14Medical record books

A medical record book issued, or taken to be issued, under the former Act is taken to be a medical record book issued under this Act.

15Part subject to regulations

This Part is subject to the regulations.

Part 3Provisions consequent on enactment of Combat Sports Amendment Act 201816Criminal information

Section 78, as amended by the Combat Sports Amendment Act 2018, extends to information disclosed under section 94 (1) before the commencement of that amendment.

Part 4Provisions consequent on Combat Sports Amendment Act 202417Authority may extend particular registrations(1)

The Authority may, at any time, extend the term of registration of a person as a combatant, industry participant or promoter for the purposes of enabling the person to comply with a safety training condition of the person’s registration.

(2)

In this clause—

safety training condition, of a person’s registration, means a standard condition imposed on the person’s registration requiring the person to undertake, and successfully complete to the standard required by the Authority, any training relating to the management of concussion and head injuries.

18Extension of amendment to total terms of office of members

Schedule 1, clause 2, as amended by the Combat Sports Amendment Act 2024, extends to a person who held office as an appointed member before the commencement of the amendment.

sch 2: Am 2018 No 76, Sch 1 [32]; 2024 No 16, Sch 1[96].

Schedule 3Dictionary

In this Act—

accreditation pre-condition—see section 37J(2).

adverse security determination means a determination about a person by the Commissioner of Police that—

  • (a)

    the person is not a fit and proper person to be registered, or

  • (b)

    it would be contrary to the public interest for the person to be registered.

amateur combat sport contest—see section 5(1).

approved amateur body—see section 8.

approved form means a form approved by the Authority under section 109.

attending medical practitioner means a medical practitioner, accredited under Part 2A, who is engaged by the promoter of a combat sport contest to—

  • (a)

    carry out the functions of an attending medical practitioner in relation to the contest, and

  • (b)

    be present, in the capacity of a medical practitioner, at a weigh-in for the contest or at the contest.

Authority means the Combat Sports Authority of New South Wales constituted by this Act.

category 1 head injury sign means a physical indication, symptom or other sign of a head injury specified in the rules as being a category 1 head injury sign.

certificate of fitness—see section 7A(1).

close associate, of an applicant for registration as a promoter or manager under this Act or a registered promoter or manager—see section 6A(1).

combat sport means any sport, martial art or activity in which the primary objective of each combatant in a contest, display or exhibition of that sport, martial art or activity is to strike, kick, hit, grapple with, throw or punch one or more other combatants, but does not include a sport, martial art or activity that is prescribed by the regulations.

combat sport contest means a contest, display or exhibition of combat sport—

  • (a)

    to which the public are admitted on payment of a fee, or

  • (b)

    arranged or held on a for profit basis, or

  • (c)

    that is held on premises licensed under the Liquor Act 2007 or the Casino Control Act 1992, or

  • (d)

    where at least one of the combatants is competing for a monetary prize or other valuable reward, or

  • (e)

    that is prescribed by the regulations for the purposes of this definition,

but does not include a contest, display or exhibition excluded from this definition by the regulations.

combat sport inspector means a combat sport inspector appointed under section 84.

combatant means a person who engages or proposes to engage as a contestant in a combat sport contest.

contest includes an exhibition contest but does not include sparring.

contest area means the competition area for a combat sport contest and includes any area between the area in which the contest takes place and any structure or other barrier between the combatants and spectators.

current certificate of fitness—see section 7A(2).

current serological clearance—see section 7 (2).

disciplinary actions

  • (a)

    for Part 2, Division 4—see section 33(2), or

  • (b)

    for Part 2A, Division 2—see section 37I(2).

exhibition contest means a combat sport contest in which each combatant knowingly engages in the contest on the basis that—

  • (a)

    there is no adjudication of the contest for the purposes of determining or declaring a winner, and

  • (b)

    there is no intention of determining or declaring a winner of the contest.

function includes a power, authority and duty, and exercise a function includes perform a duty.

general prohibition order—see section 74.

health and safety prohibition order—see section 70.

judge—see section 6 (1).

manager—see section 6 (1).

match-maker—see section 6 (1).

medical suspension—see section 16A(2).

premises includes any structure, building, aircraft, vehicle, vessel and place (whether built on or not) and any part of any such thing.

professional combat sport contest—see section 5(2).

prohibited person means a person who is subject to a prohibition order.

prohibition order means a health and safety prohibition order or a general prohibition order.

promote includes arrange or hold.

promoter, of a combat sport contest, means the person who has effective control of the promotion of the contest.

referee—see section 6 (1).

register as a combatant, industry participant or promoter, includes renewal of registration as a combatant, industry participant or promoter.

registered means registered under this Act.

registration class means—

  • (a)

    for a combatant—the registration class, determined by the Authority under section 10, for which the combatant is registered, or

  • (b)

    for an industry participant or a promoter—the registration class, determined by the Authority under section 22, for which the industry participant or promoter is registered.

registration pre-condition—see section 35(2).

relevant approved amateur body, for a combat sport contest, means an approved amateur body for the combat sport involved in the contest.

rules means rules made by the Authority under section 107.

safety training condition, in relation to a person’s registration under this Act, means a condition requiring the person to undertake, and successfully complete to the standard required by the Authority, training relating to the management of concussion and head injuries.

serological clearance—see section 7 (1).

sparring means a training or practice activity in a combat sport between 2 people in relation to which there is no adjudication for the purposes of determining or declaring, nor an intention of determining or declaring, a winner at the end of the activity.

timekeeper—see section 6 (1).

trainer—see section 6(1)(c).

sch 3: Rep 1987 No 15, sec 30C.

sch 3 (previously s 4(1)): Renumbered 2024 No 16, Sch 1[97].

Historical notesTable of amending instruments

Combat Sports Act 2013 No 96. Assented to 20.11.2013. Date of commencement, 15.12.2014, sec 2 and 2014 (785) LW 12.12.2014. This Act has been amended as follows—

2013

No 95

Civil and Administrative Legislation (Repeal and Amendment) Act 2013. Assented to 20.11.2013.

Date of commencement, 1.1.2014, sec 2.

2014

No 88

Statute Law (Miscellaneous Provisions) Act (No 2) 2014. Assented to 28.11.2014.

Date of commencement of Sch 1.2, 15.12.2014, Sch 1.2 and 2014 (785) LW 12.12.2014.

2015

No 58

Statute Law (Miscellaneous Provisions) Act (No 2) 2015. Assented to 24.11.2015.

Date of commencement of Sch 1, 8.1.2016, sec 2 (1).

2017

No 63

Statute Law (Miscellaneous Provisions) Act (No 2) 2017. Assented to 23.11.2017.

Date of commencement of Schs 1.5 and 3, 14 days after assent, sec 2 (1).

2018

No 76

Combat Sports Amendment Act 2018. Assented to 22.11.2018.

Date of commencement, 28.2.2019, sec 2 and 2019 (112) LW 28.2.2019.

2023

No 35

Statute Law (Miscellaneous Provisions) Act (No 2) 2023. Assented to 30.10.2023.

Date of commencement of Sch 1.6, assent, sec 2(c).

2024

No 16

Combat Sports Amendment Act 2024. Assented to 3.4.2024.

Date of commencement of Sch 1[1] [2], to the extent it omits the definitions of attending medical practitioner, disciplinary action, second and trainer, [3], to the extent it inserts the definitions of accreditation pre-condition, attending medical practitioner, category 1 head injury sign, close associate, disciplinary actions, medical suspension, safety training condition and trainer, [6] [7] [20] [23] [27]–[31] [33] [34] [38] [43]–[46] [52]–[56] [66] [68] [71] [73] [75], except to the extent it inserts sec 66(1)(f), [79] [82] [84] [96], to the extent it inserts the clause titled “Authority may extent particular registrations”, and [97], 27.6.2025, sec 2 and 2025 (224) LW 23.5.2025; date of commencement of Sch 1[2], to the extent it omits the definitions of amateur combat sport contest and professional combat sport contest, [3], to the extent it inserts the definitions of amateur combat sport contest, professional combat sport contest and relevant approved amateur body, [4] [10] [24] [37] [51] [78] [80] [81] and [83], 23.5.2025, sec 2 and 2025 (224) LW 23.5.2025; date of commencement of Sch 1[2] to the extent it omits the definitions of approved form, combat sport, registration class of combatant, registration class of industry participant or promoter and registration pre-condition, [3] to the extent it inserts the definitions of approved form, combat sport, registration class and registration pre-condition, [5] [11] [15] [22] [25] [26] [35] [41] [42] [49] [57]–[63] [67] [69] [70] [85] [86] [88]–[95] and [96], to the extent it inserts the part heading and cl titled “Extension of amendment to total terms of office members”, 20.5.2024, sec 2 and 2024 (153) LW 17.5.2024; date of commencement of Sch 1[2] to the extent it omits the definition of promoter, [3] to the extent it inserts the definitions of certificate of fitness, contest, current certificate of fitness, exhibition contest, promoter and sparring, [8] [9] [12]–[14] [16]–[19] [21] [32] [36] [39] [40] [47] [48] [50] [64] [65] and [77], 1.7.2024, sec 2 and 2024 (153) LW 17.5.2024; date of commencement of Sch 1[3], to the extent it inserts the definitions of category 2 head injury sign and sports rules, [72] [74] [75], to the extent it inserts sec 66(1)(f), [76] and [87]: not in force.

This Act has been amended by sec 30C of the Interpretation Act 1987 No 15.

Table of amendments

Sec 3

Am 2018 No 76, Sch 1 [1].

Sec 4

Am 2018 No 76, Sch 1 [2]; 2024 No 16, Sch 1[1]–[3] [97].

Sec 5

Am 2018 No 76, Sch 1 [3]. Subst 2024 No 16, Sch 1[4].

Sec 6

Am 2024 No 16, Sch 1[5] [6].

Sec 6A

Ins 2024 No 16, Sch 1[7].

Sec 7

Am 2015 No 58, Sch 1.3. Subst 2024 No 16, Sch 1[8].

Sec 7A

Ins 2024 No 16, Sch 1[9].

Sec 8

Am 2024 No 16, Sch 1[10].

Sec 10

Subst 2024 No 16, Sch 1[11].

Sec 11

Am 2018 No 76, Sch 1 [4]; 2023 No 35, Sch 1.6[1] [2]; 2024 No 16, Sch 1[12] [13].

Sec 13

Am 2018 No 76, Sch 1 [5]; 2024 No 16, Sch 1[14].

Sec 14

Am 2018 No 76, Sch 1 [6] [7]; 2024 No 16, Sch 1[15] [16].

Sec 15

Am 2017 No 63, Sch 1.5 [1]; 2018 No 76, Sch 1 [8]; 2024 No 16, Sch 1[17].

Sec 15A

Ins 2024 No 16, Sch 1[18].

Sec 16

Subst 2024 No 16, Sch 1[19].

Sec 16A

Ins 2024 No 16, Sch 1[20].

Sec 16B

Ins 2024 No 16, Sch 1[20].

Sec 16C

Ins 2024 No 16, Sch 1[20].

Sec 16D

Ins 2024 No 16, Sch 1[20].

Sec 16E

Ins 2024 No 16, Sch 1[20].

Sec 16F

Ins 2024 No 16, Sch 1[20].

Sec 16G

Ins 2024 No 16, Sch 1[20].

Sec 17

Am 2024 No 16, Sch 1[21].

Sec 18

Am 2024 No 16, Sch 1[22].

Sec 20

Am 2024 No 16, Sch 1[23] [24].

Sec 21

Am 2018 No 76, Sch 1 [9].

Sec 22

Subst 2024 No 16, Sch 1[25].

Sec 23

Am 2018 No 76, Sch 1 [10]; 2023 No 35, Sch 1.6[3]; 2024 No 16, Sch 1[26]–[30].

Sec 25

Am 2024 No 16, Sch 1[31]–[33].

Sec 26

Am 2024 No 16, Sch 1[34].

Sec 27

Am 2018 No 76, Sch 1 [11] [12]; 2024 No 16, Sch 1[35] [36].

Sec 28

Am 2017 No 63, Sch 1.5 [2]; 2018 No 76, Sch 1 [13]; 2024 No 16, Sch 1[37].

Sec 28A

Ins 2024 No 16, Sch 1[38].

Sec 28B

Ins 2024 No 16, Sch 1[38].

Sec 28C

Ins 2024 No 16, Sch 1[38].

Sec 28D

Ins 2024 No 16, Sch 1[38].

Sec 29

Am 2024 No 16, Sch 1[39].

Sec 30

Am 2024 No 16, Sch 1[40].

Sec 33

Am 2018 No 76, Sch 1 [14].

Sec 35

Am 2024 No 16, Sch 1[41].

Sec 37

Subst 2024 No 16, Sch 1[42].

Part 2A

Ins 2024 No 16, Sch 1[43].

Part 2A, Div 1

Ins 2024 No 16, Sch 1[43].

Sec 37A

Ins 2024 No 16, Sch 1[43].

Sec 37B

Ins 2024 No 16, Sch 1[43].

Sec 37C

Ins 2024 No 16, Sch 1[43].

Sec 37D

Ins 2024 No 16, Sch 1[43].

Sec 37E

Ins 2024 No 16, Sch 1[43].

Part 2A, Div 2

Ins 2024 No 16, Sch 1[43].

Sec 37F

Ins 2024 No 16, Sch 1[43].

Sec 37G

Ins 2024 No 16, Sch 1[43].

Sec 37H

Ins 2024 No 16, Sch 1[43].

Sec 37I

Ins 2024 No 16, Sch 1[43].

Sec 37J

Ins 2024 No 16, Sch 1[43].

Sec 37K

Ins 2024 No 16, Sch 1[43].

Sec 38

Am 2024 No 16, Sch 1[44].

Sec 39

Subst 2024 No 16, Sch 1[45].

Sec 40

Am 2024 No 16, Sch 1[46]–[48].

Sec 41

Am 2018 No 76, Sch 1 [15].

Sec 42

Am 2018 No 76, Sch 1 [16] [17]; 2024 No 16, Sch 1[49] [50].

Sec 45

Am 2014 No 88, Sch 1.2 [1]–[5]; 2018 No 76, Sch 1 [15].

Sec 50

Subst 2024 No 16, Sch 1[51].

Sec 51

Am 2024 No 16, Sch 1[52].

Sec 52

Am 2024 No 16, Sch 1[53].

Sec 53

Am 2024 No 16, Sch 1[54] [55].

Sec 54

Am 2024 No 16, Sch 1[56].

Sec 57

Am 2018 No 76, Sch 1 [18] [19]; 2024 No 16, Sch 1[57]–[63].

Sec 58

Am 2024 No 16, Sch 1[64]–[66].

Sec 59

Am 2024 No 16, Sch 1[67].

Sec 61

Am 2018 No 76, Sch 1 [20].

Part 3, Div 4, heading

Am 2024 No 16, Sch 1[68].

Sec 62

Am 2018 No 76, Sch 1 [21]–[23]; 2024 No 16, Sch 1[69] [70].

Sec 63

Am 2018 No 76, Sch 1 [24]. Subst 2024 No 16, Sch 1[71].

Sec 64

Am 2018 No 76, Sch 1 [24]. Subst 2024 No 16, Sch 1[73].

Sec 65

Am 2018 No 76, Sch 1 [15].

Sec 66

Am 2018 No 76, Sch 1 [24]–[27]. Subst 2024 No 16, Sch 1[75].

Sec 68

Am 2014 No 88, Sch 1.2 [6].

Sec 71

Am 2024 No 16, Sch 1[77].

Sec 74

Am 2024 No 16, Sch 1[78].

Part 5, heading

Subst 2013 No 95, Sch 2.33 [1].

Sec 77

Am 2013 No 95, Sch 2.33 [1]–[4]; 2024 No 16, Sch 1[79].

Sec 78

Am 2013 No 95, Sch 2.33 [5]–[8]; 2018 No 76, Sch 1 [28]–[30].

Sec 84

Am 2014 No 88, Sch 1.2 [7].

Sec 85

Am 2024 No 16, Sch 1[80].

Sec 85A

Ins 2024 No 16, Sch 1[81].

Sec 85B

Ins 2024 No 16, Sch 1[81].

Sec 85C

Ins 2024 No 16, Sch 1[81].

Sec 86

Am 2024 No 16, Sch 1[82].

Sec 87

Am 2024 No 16, Sch 1[83].

Sec 98

Am 2024 No 16, Sch 1[84].

Sec 100

Am 2023 No 35, Sch 1.6[4]; 2024 No 16, Sch 1[85] [86].

Sec 101

Am 2018 No 76, Sch 1 [31].

Sec 105

Am 2014 No 88, Sch 1.2 [8]. Subst 2017 No 63, Sch 3.3.

Sec 106

Am 2024 No 16, Sch 1[88]–[91].

Sec 107

Am 2024 No 16, Sch 1[92] [93].

Sec 109

Rep 1987 No 15, sec 30C. Ins 2024 No 16, Sch 1[94].

Sch 1

Am 2024 No 16, Sch 1[95].

Sch 2

Am 2018 No 76, Sch 1 [32]; 2024 No 16, Sch 1[96].

Sch 3

Rep 1987 No 15, sec 30C.

Sch 3 (previously sec 4(1))

Renumbered 2024 No 16, Sch 1[97].

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