Combat Sports Amendment Regulation 2019 (NSW)

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New South Wales

Combat Sports Amendment Regulation 2019

under the

Combat Sports Act 2013

His Excellency the Governor, with the advice of the Executive Council, has made the following

Regulation under the Combat Sports Act 2013.

STUART AYRES, MP

Minister for Sport

Explanatory note

The objects of this Regulation are as follows:

(a)

to amend provisions that currently prescribe conditions that the Combat Sports Authority is required to impose on the registration of persons as combatants, as industry participants or as promoters, or on a permit to hold a particular combat sport contest, so that those conditions are instead automatically imposed on any registration or permit,

(b)

to impose additional conditions on permits to hold particular combat sport contests, requiring the promoter of the combat sport contest:

(i)

to provide the Authority with the title of the particular sports rules relating to each combat sport involved in the combat sport contest and with a plan for evacuating any injured combatant from the premises where the combat sport contest is to be held, and

(ii)

to ensure that referees, attending medical practitioners and combat sport inspectors are briefed on the relevant rules made by the Authority, and the relevant sports rules made or sanctioned by the relevant sporting organisation or group, that relate to the particular combat sport and on the plan for evacuating any injured combatant from the premises,

(c)

to require an attending medical practitioner who conducts a pre-contest medical examination or a post-contest medical examination of a combatant to record any medical suspension imposed on the combatant in the approved forms relating to those examinations and require that any such suspension is recorded in the register of combatants kept by the Authority,

(d)

to impose the same requirements on persons working in a combatant’s corner during an amateur combat sport contest to be registered as a trainer or second and to provide evidence of registration or identity as existing requirements imposed on persons working in combatants’ corners at professional combat sport contests,

(e)

to establish a “processing component” of fees for applications for registration or for a permit and to provide for the application fee paid in relation to an application that is refused or withdrawn to be refunded to the applicant, except for any amount of the fee that is the processing component.

This Regulation is made under the Combat Sports Act 2013 (as amended by the Combat Sports Amendment

Act 2018) including sections 11 (3), 14 (3), 17 (2) (i), 23 (3), 27 (2), 40 (3), 42 (2), 57 (1) (b), (c) and (e)
and (3) (b)–(d) and 106 (the general regulation-making power).

Combat Sports Amendment Regulation 2019 [NSW]

Combat Sports Amendment Regulation 2019

under the

Combat Sports Act 2013

1      Name of Regulation

This Regulation is the Combat Sports Amendment Regulation 2019.

2      Commencement

This Regulation commences on 28 February 2019 and is required to be published on the NSW legislation website.

Combat Sports Amendment Regulation 2019 [NSW]

Schedule 1 Amendment of Combat Sports Regulation 2014

Schedule 1 Amendment of Combat Sports Regulation 2014

[1]      Clause 3 Definitions

Insert in alphabetical order in clause 3 (1):

sports rules, in relation to a combat sport, means rules made or adopted by any
organisation, group or other person concerned with the combat sport, being the
rules under which the combat sport is held.

[2]      Clause 4 Excluded sports, martial arts and activities

Omit “rules of”. Insert instead “sports rules made or adopted by”.

[3]      Clause 5 Other sports, martial arts and activities not included in definition of “combat sport”

Omit “rules” wherever occurring in clause 5 (1) (c) and (d).

Insert instead “relevant sports rules”.

[4]      Part 3 Registration of combatants

Omit “rules of” from paragraph (d) of the note to the Part.

Insert instead “sports rules made or adopted by”.

[5]      Clause 6

Omit the clause. Insert instead:

6      Fees for registration

For the purposes of section 11 (3) of the Act, the prescribed fee payable for an application for registration as a combatant is the fee specified in Schedule 3.

[6]      Clause 7 Conditions imposed on registration

Omit “specified as conditions that must be imposed by the Authority”.

Insert instead “imposed”.

[7]      Clause 12 Replacement of medical record books that are destroyed

Omit “of $50” from clause 12 (1) (b). Insert instead “specified in Schedule 3”.

[8]      Clause 17

Omit the clause. Insert instead:

17 Fees for registration

For the purposes of section 23 (3) of the Act, the prescribed fee payable for an application for registration as an industry participant or promoter is the fee specified in Schedule 3.

[9]      Clause 19 Conditions imposed on registration

Omit “are conditions that must be”. Insert instead “conditions are”.

[10]      Clause 21 Grounds for disciplinary action

Omit “combat sport event” from clause 21 (f). Insert instead “combat sport contest”.

Combat Sports Amendment Regulation 2019 [NSW]
Schedule 1 Amendment of Combat Sports Regulation 2014

[11]      Clause 22 Fee for permit application

Omit clause 22 (1). Insert instead:

(1) For the purposes of section 40 (3) of the Act, the prescribed fee payable for an application for a permit to hold a combat sport contest is the fee specified in Schedule 3.

[12]      Clause 23 Conditions imposed on all permits

Omit “must be imposed by the Authority”. Insert instead “are imposed”.

[13]      Clause 23 (a)

Insert “, in the manner and form approved by the Authority,” after “with the Authority”.

[14]      Clause 23 (b1)

Insert after clause 23 (b):

(b1) the promoter of the combat sport contest must provide the Authority with the title of the particular sports rules relating to each combat sport involved in the combat sport contest, in the manner and form approved by the Authority, not less than 5 days before the day of the combat sport contest, or within any shorter period that the Authority may approve,

[15]      Clause 23 (d1)

Insert after clause 23 (d):

(d1) the promoter of the combat sport contest must provide to the Authority, in the manner and form approved by the Authority, not less than 5 days before the day of the combat sport contest, a plan for evacuating any injured combatant from the premises where the combat sport contest is held, being a plan prepared in the manner and form approved by the Authority,

[16]      Clause 23 (k1)

Insert after clause 23 (k):

(k1)

the promoter of the combat sport contest must ensure that any contest does not commence unless the promoter, each referee, and the attending medical practitioner, appointed for each contest have attended a briefing with the combat sport inspector at which the following are communicated to the referee, attending medical practitioner and combat sport inspector:

(i)

the rules made by the Authority under section 107 of the Act that relate to the particular combat sport (which must be communicated verbally),

(ii)

a title of the sports rules that relate to the particular combat sport involved in the combat sport contest and an explanation of when the rules made by the Authority will override those sports rules (which must be communicated verbally),

(iii)

the plan that the promoter provided to the Authority for evacuating any injured combatant from the premises used for the combat sport contest (which must be communicated both verbally and in writing),

Combat Sports Amendment Regulation 2019 [NSW]
Schedule 1 Amendment of Combat Sports Regulation 2014

[17]      Clause 24 Additional conditions imposed on permits for amateur combat sport contests

Omit “must be imposed by the Authority on a permit for an amateur combat sport contest
(in addition to those required to be”.

Insert instead “are imposed on a permit for an amateur combat sport contest (in addition to those”.

[18]      Clause 24 (c)

Omit “rules of amateur combat sport contests”.

Insert instead “rules made by the Authority under section 107 of the Act that apply to amateur combat sport contests or with the sports rules relating to the specific combat sport involved in the amateur combat sport contest”.

[19]      Clause 33 Pre-contest medical examinations of combatants

Omit clause 33 (2). Insert instead:

(2) For the purposes of section 57 (1) (b) of the Act, the medical practitioner is to note any medical suspension imposed on a combatant following the pre-contest medical examination, and any other conditions that the medical practitioner recommends be required to be met before that suspension should be lifted, in:
(a) the medical record book of the combatant, and
(b) the approved form for the pre-contest medical examination of the combatant.

[20]      Clause 34 Post-contest medical examinations of combatants

Omit clause 34 (2). Insert instead:

(2) For the purposes of section 57 (3) (b) of the Act, the medical practitioner is to note any medical suspension imposed on a combatant following the post-contest medical examination, and any other conditions that the medical practitioner recommends be required to be met before that suspension should be lifted, in:
(a) the medical record book of the combatant, and
(b) the approved form for the post-contest medical examination of the combatant.

[21]      Clause 36

Omit the clause. Insert instead:

36 Recording of medical suspensions in register of combatants

For the purposes of section 17 (2) (i) of the Act, the following is prescribed as information that must be contained in the register of combatants:

(a)

a certification in a combatant’s medical record book that, in the opinion of a medical practitioner, the combatant should not engage in any contest or sparring before a specified date,

(b)

details of any note in any approved form for the pre-contest medical examination of a combatant about a medical suspension imposed following the pre-contest medical examination of that combatant and of any other conditions that the medical practitioner recommended be required to be met before that suspension should be lifted,

Combat Sports Amendment Regulation 2019 [NSW]

Schedule 1 Amendment of Combat Sports Regulation 2014

(c) details of any note in any approved form for the post-contest medical examination of a combatant about a medical suspension imposed following the post-contest medical examination of that combatant and of any other conditions that the medical practitioner recommended be required to be met before that suspension should be lifted.

[22]      Clause 44 Obligations of persons working in combatant’s corner at a professional or amateur contest

Insert “or an amateur combat sport contest” after “contest” wherever occurring.

[23]      Clause 44 (1)

Insert “for the class applicable to that contest” after “second” wherever occurring.

[24]      Schedule 3

Insert after Schedule 2:

Schedule 3 Fees

(1) 

For the purposes of sections 11 (3), 23 (3) and 40 (3) of the Act, the amount of the fee payable under those subsections is the amount specified under the heading “Total” in this Schedule in relation to the application concerned.

(2)  If an application for registration or for a permit:
(a) is refused by the Authority, or
(b) is withdrawn by the applicant before the registration or permit concerned is issued, or
(c) is treated by the Authority as having been withdrawn,

the fee that has been paid in connection with the application is to be refunded to the applicant, except for any amount specified under the heading “Processing component” in this Schedule (which is taken to be a fee to cover the costs incurred by the Authority in processing the application concerned).

Item Column 1 Column 2 Column 3 Column 4
Type of fee Fixed Processing Total
component component
1 Application for registration as a $0 $20 $20
combatant who competes only in
amateur combat sport contests
2 Application for registration as a $0 $100 $100
combatant who competes in
professional combat sport contests or
both amateur combat sport contests and
professional combat sport contests
3 Replacement of medical record book $0 $50 $50
4 Application for registration as a $30 $450 $480
promoter, manager or match-maker
5 Application for registration as a judge, $0 $100 $100
referee, timekeeper, trainer or second
6 Application for a permit to hold an $0 $100 $100
amateur combat sport contest where 50
or fewer tickets are to be sold

Combat Sports Amendment Regulation 2019 [NSW]

Schedule 1 Amendment of Combat Sports Regulation 2014

Item Column 1 Column 2 Column 3 Column 4
Type of fee Fixed Processing Total
component component
7 Application for a permit to hold an $50 $200 $250
amateur combat sport contest where 51–
200 tickets are to be sold
8 Application for a permit to hold an $200 $200 $400
amateur combat sport contest where more than 200 tickets are to be sold
9 Application for a permit to hold a $650 $200 $850
professional combat sport contest where
500 or fewer tickets are to be sold
10 Application for a permit to hold a $1,800 $200 $2,000
professional combat sport contest where
501–2,000 tickets are to be sold
11 Application for a permit to hold a $4,800 $200 $5,000
professional combat sport contest where
more than 2,000 tickets are to be sold
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