Controlled Sports Regulation 2019 (ACT)

Case

Controlled Sports Regulation 2019   

SL2019-26

made under the

Controlled Sports Act 2019

Republication No 2

Effective:  13 September 2024

Republication date: 13 September 2024

Last amendment made by SL2024‑27

About this republication

The republished law

This is a republication of the Controlled Sports Regulation 2019, made under the Controlled Sports Act 2019 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 13 September 2024.  It also includes any commencement, amendment, repeal or expiry affecting this republished law to 13 September 2024. 

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

  • authorised republications to which the Legislation Act 2001 applies

  • unauthorised republications.

    • The status of this republication appears on the bottom of each page.

    Editorial changes

    The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

    This republication does not include amendments made under part 11.3 (see endnote 1).

    Uncommenced provisions and amendments

    If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.

    Modifications

    If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see the Legislation Act 2001, section 95.

    Penalties

    At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

    Controlled Sports Regulation 2019

    made under the

    Controlled Sports Act 2019

    Contents

    Page

    Part 1      Preliminary

    1            Name of regulation  2

    3            Dictionary  2

    4            Notes  2

    5Offences against regulation—application of Criminal Code etc 2

    Part 1A    Important concepts

    5A          Meaning of controlled sport—Act, s 7, def controlled sport, par (b) (ii)      3

    5B          Meaning of controlled sports official—Act, s 11 (1), def controlled sports official, par (a) (x)     3

    Part 2      Controlled sports registration

    6            Individual registration as controlled sports official—application requirements—Act, s 15 (2) (e)  4

    7           Corporation registration as controlled sports official—application requirements—Act, s 16 (2) (d)  4

    8            Controlled sports official registration—conditions—Act, s 20 (2)             4

    9            Controlled sports official registration—renewal application requirements—Act, s 22 (2) (b)      5

    10          Registration as controlled sports contestant—application requirements—Act, s 25 (3) (e)       5

    11          Controlled sports contestant registration—conditions—Act, s 29 (2)        6

    12          Controlled sports contestant registration—renewal application requirements—Act, s 31 (2) (b)  7

    13          Application to register controlled sports event—contents—Act, s 34 (2) (d) 8

    14          Minimum age for contestants—registered events—Act, s 37 (a)            8

    Part 3      Conduct of registered events

    15          Medical reporting requirements—Act, s 57 (1) (f)  9

    Part 4      Conduct of non-registrable events

    16          Approval of non-registrable events—conditions—Act, s 62 (2)             11

    17          Declaration of authorised controlled sports body—Minister’s considerations—Act, s 63 (3) (d)   11

    18          Notice about non-registrable event—content—Act, s 64 (2)                12

    19          Minimum age for contestants—non-registrable events—Act, s 66 (a)     13

    Part 5      Definitions—Act, dictionary

    20          Medical details—Act, dict, def certificate of fitness, par (b)                  16

    21          Corresponding law—Act, dict, def corresponding law  16

    22          Medical investigations—Act, dict, def pre‑event medical clearance certificate, par (b)    16

    Dictionary18

    Endnotes

    1            About the endnotes  20

    2            Abbreviation key  20

    3            Legislation history  21

    4            Amendment history  21

    5            Earlier republications  22

    Controlled Sports Regulation 2019

    made under the

    Controlled Sports Act 2019

    Part 1Preliminary

    1. Name of regulation

      This regulation is the Controlled Sports Regulation 2019.

    2. Dictionary

      The dictionary at the end of this regulation is part of this regulation.

      Note 1The dictionary at the end of this regulation defines certain terms used in this regulation.

      Note 2A definition in the dictionary applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

    3. Notes

      A note included in this regulation is explanatory and is not part of this regulation.

      NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

    4. Offences against regulation—application of Criminal Code etc

      Other legislation applies in relation to offences against this regulation.

      Note 1Criminal Code

      The Criminal Code, ch 2 applies to all offences against this regulation (see Code, pt 2.1).

      The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

      Note 2Penalty units

      The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

    Part 1AImportant concepts

    5AMeaning of controlled sport—Act, s 7, def controlled sport, par (b) (ii)

    A sport or activity is not a combat sport if—

    (a)the sport or activity is not likely to involve forceful contact with a person’s head, neck, spine or groin; and

    (b)the sport or activity is carried out solely for entertainment purposes; and

    (c)the sport or activity includes—

    (i)movements that are choreographed; or

    (ii)an outcome that is predetermined; and

    (d)there is no official score kept and no official winner recorded for the sport or activity.

    5BMeaning of controlled sports official—Act, s 11 (1), def controlled sports official, par (a) (x)

    (1)The capacity of a support trainer is prescribed.

    (2)In this section:

    second—see the Act, section 11 (3).

    support trainer means a person who—

    (a)is registered as a controlled sports official in the capacity of a trainer; and

    (b)supports or acts as a second for another trainer; but

    (c)is not registered in the capacity of a second.

    trainer—see the Act, section 11 (3).

    Part 2Controlled sports registration

    1. Individual registration as controlled sports official—application requirements—Act, s 15 (2) (e)

      Photographic evidence of the applicant’s identity is prescribed.

    2. Corporation registration as controlled sports official—application requirements—Act, s 16 (2) (d)

      Photographic evidence of the identity of each relevant person for the corporation is prescribed.

    3. Controlled sports official registration—conditions—Act, s 20 (2)

      The following conditions of registration for a registered controlled sports official are prescribed:

      (a)a registered controlled sports official participating at a registered event must comply with any direction given to the official by—

      (i)the registrar; or

      (ii)an inspector under the Act, section 73; or

      (iii)a registered medical practitioner at the event; or

      (iv)a registered referee at the event;

      (b)a registered controlled sports official must tell the registrar of any change to the official’s address or contact details.

    4. Controlled sports official registration—renewal application requirements—Act, s 22 (2) (b)

      In deciding an application for renewal of registration as a controlled sports official, the registrar must consider the following requirements:

      (a)if the applicant is an individual—

      (i)whether the application includes photographic evidence of the applicant’s identity; and

      (ii)whether the application includes the application requirements mentioned in the Act, section 15 (1) and (2) (a), (c) and (d); and

      (iii)if the application is for registration in a capacity or for a controlled sport for which the applicant has not been previously registered—whether the applicant can provide evidence of the applicant’s qualifications (if any) or experience for registration in the new capacity or for the new controlled sport;

      (b)if the applicant is a corporation—

      (i)whether the application includes photographic evidence of the identity of each relevant person for the corporation; and

      (ii)whether the application includes the application requirements mentioned in the Act, section 16.

    5. Registration as controlled sports contestant—application requirements—Act, s 25 (3) (e)

      Photographic evidence of the applicant’s identity is prescribed.

    6. Controlled sports contestant registration—conditions—Act, s 29 (2)

      (1)The following conditions of registration for a registered controlled sports contestant are prescribed:

      (a)a registered controlled sports contestant competing at a registered event must comply with any direction given to the contestant by—

      (i)the registrar; or

      (ii)an inspector under the Act, section 73; or

      (iii)a registered controlled sports official, including a registered medical practitioner, at the event;

      (b)a registered controlled sports contestant must tell the registrar the following:

      (i)if the contestant’s address or contact details change—the change;

      (ii)any change to the contestant’s medical fitness that may indicate the contestant is no longer medically fit to compete in a registered event;

      (c)if a registered controlled sports contestant competes in a controlled sports event in an unregulated jurisdiction, the contestant must tell the registrar within the time stated in subsection (2)—

      (i)the date and place the event was held; and

      (ii)the controlled sport contested at the event; and

      (iii)the contestant’s weight at the event; and

      (iv)any injury sustained, or any medical advice or treatment received, by the contestant at the event; and

      (v)for each contest the contestant competes in at the event—

      (A)the name and weight of the contestant’s opponent; and

      (B)the number of rounds in the contest; and

      (C)the result or score of the contest.

      (2)A contestant must tell the registrar the information mentioned in subsection (1) (c) not less than 7 days after—

      (a)if the event is overseas—the day the contestant returns to Australia; or

      (b)if the event is in another jurisdiction—the day of the event.

      (3)In this section:

      unregulated jurisdiction means—

      (a)overseas; or

      (b)another jurisdiction that does not have a corresponding law.

    7. Controlled sports contestant registration—renewal application requirements—Act, s 31 (2) (b)

      In deciding an application for renewal of registration as a controlled sports contestant, the registrar must consider the following requirements:

      (a)whether the application includes photographic evidence of the applicant’s identity;

      (b)whether the application includes the application requirements mentioned in the Act, section 25 (2) and (3).

    8. Application to register controlled sports event—contents—Act, s 34 (2) (d)

      (1)The following details are prescribed for an application to register a registrable event:

      (a)the place the event will be held;

      (b)the maximum number of entry tickets to be sold for the event;

      (c)a draft draw for the event, unless the registrar has told the applicant a draft draw is not needed;

      (d)a list of officials who will, or intend to, participate at the event, unless the registrar has told the applicant a list of officials is not needed;

      (e)each controlled sport to be contested at the event;

      (f)the rules that apply for each controlled sport;

      (g)a statement about whether an exempted light contact combat sport will be contested at the same time and place as the event;

      (h)evidence of appropriate insurance for the event, as set out in the code of practice;

      (i)any specifications for gloves, including hand wraps or bandaging, to be used by contestants at the event.

      (2)In this section:

      exempted light contact combat sport means a light contact combat sport exempted by the Minister under the Act, section 8.

      light contact combat sport—see the Act, section 8 (6).

    9. Minimum age for contestants—registered events—Act, s 37 (a)

      The minimum age for contestants to compete in a registered event is 18 years old.

    Part 3Conduct of registered events

    1. Medical reporting requirements—Act, s 57 (1) (f)

      (1)The following medical reporting requirements are prescribed for a registered medical practitioner for a registered event:

      (a)the practitioner must record the results of a contestant’s pre‑event medical clearance examinations in the contestant’s medical record book, including—

      (i)whether, in the practitioner’s opinion, the contestant is fit to compete in the event; and

      (ii)if the contestant is fit to compete—any recommended restrictions on the contestant when competing;

      (b)if the practitioner recommends the suspension or cancellation of a contestant’s registration under the Act, section 58 (3), the practitioner must—

      (i)provide a written statement to the registrar setting out—

      (A)the recommendation; and

      (B)the reason for the recommendation; and

      (C)if the recommendation is for suspension—the recommended period of suspension; and

      (D)anything else relevant to the recommendation; and

      (ii)record the matters mentioned in subparagraph (i) in the contestant’s medical record book;

      (c)if a contestant sustains a serious injury or dies at the event, the practitioner must—

      (i)immediately after treating the contestant, tell the following about the injury or death:

      (A)any inspector present at the event;

      (B)the registrar; and

      (ii)not more than 24 hours after the injury or death—provide a written statement to the registrar setting out the details of the injury or death; and

      (iii)record the details of the injury or death in the contestant’s medical record book.

      Example—serious injury

      an injury requiring treatment from an ambulance or in a hospital

      (2)In this section:

      inspector means a person appointed as an inspector under the Act, section 71.

      medical record book, for a contestant, means a document that—

      (a)is issued to the contestant by the registrar, or a registrar (however described) under a corresponding law; and

      (b)contains the contestant’s medical history in relation to controlled sports events.

      pre-event medical clearance examinations—see the Act, section 57 (2).

    Part 4Conduct of non-registrable events

    1. Approval of non-registrable events—conditions—Act, s 62 (2)

      It is a condition of approval of a non-registrable event that the authorised controlled sports body for the event is satisfied of the following:

      (a)the person conducting the event—

      (i)does not have any legal, financial or personal interest that may conflict with the conduct of the event; and

      (ii)has met any stated conditions of the authorised controlled sports body;

      Examples—conditions

      1the person can prove that each contestant competing at the event is medically fit to compete

      2the person has appropriate emergency management procedures for the event

      3the person agrees to comply with the authorised controlled sports body’s reporting requirements

      (b)the event will be appropriately insured.

    2. Declaration of authorised controlled sports body—Minister’s considerations—Act, s 63 (3) (d)

      The following considerations are prescribed:

      (a)whether the entity has a constitution;

      (b)whether the entity has a board and, if so, the structure of the board;

      (c)whether the entity has in place appropriate policies and practices for risk management;

      (d)whether the entity has appropriate insurance;

      (e)how the entity communicates with the entity’s members and stakeholders;

      (f)the entity’s education, training and accreditation processes for controlled sports officials at events;

      (g)the entity’s medical processes and procedures for events;

      (h)whether the entity agrees to comply with conduct requirements for non-registrable events as set out in the code of practice.

    3. Notice about non-registrable event—content—Act, s 64 (2)

      The following content is prescribed:

      (a)the name of the non-registrable event;

      (b)the name of the authorised controlled sports body that approved the event;

      (c)a copy of the authorised controlled sports body’s written approval;

      (d)each controlled sport to be contested at the event;

      (e)the date, time and location of the event;

      (f)details about the person conducting the event;

      Examples

      1the name of the individual or corporation conducting the event

      2the address and contact details for the individual or corporation conducting the event

      (g)the name of each controlled sports official at the event and the official’s capacity at the event;

      (h)the name and age of each contestant competing in the event;

      (i)a draw for the event;

      (j)a copy of the rules that apply for each controlled sport, including any modified rules for children;

      (k)written evidence that the event is not a registrable event.

    4. Minimum age for contestants—non-registrable events—Act, s 66 (a)

      (1)The minimum age for contestants to compete in a non-registrable event is 14 years old.

      (2)However, subsection (1) does not apply to a non-registrable event if—

      (a)for an event conducted or approved in writing by a national sporting organisation—the event is conducted in accordance with the organisation’s rules; or

      (b)for an event conducted or approved in writing by an authorised controlled sports body other than a national sporting organisation—the Minister has approved a lower minimum age for the event.

      (3)In deciding whether to approve a lower minimum age for a non‑registrable event under subsection (2) (b), the Minister must consider—

      (a)the rules of each controlled sport to be contested at the event and how the rules relate to children; and

      (b)the procedures used by the authorised controlled sports body to ensure children may safely compete in the event; and

      Examples

      1using protective clothing or equipment

      2holding shorter contests

      3using limited or restricted techniques

      (c)the body’s history of compliance with controlled sports legislation; and

      (d)any advice received from an advisory committee.

      (4)If the Minister refuses to approve a lower minimum age for a non‑registrable event, the Minister must give a reviewable decision notice to the authorised controlled sports body for the event.

      Note 1The decision-maker must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).

      Note 2The requirements for a reviewable decision notice are prescribed under the ACT Civil and Administrative Tribunal Act 2008.

      (5)If an authorised controlled sports body receives a reviewable decision notice under subsection (4), the body may apply to the ACAT for review of the decision.

      NoteIf a form is approved under the ACT Civil and Administrative Tribunal Act 2008 for the application, the form must be used.

      (6)An approval under subsection (2) (b) is a notifiable instrument.

      NoteA notifiable instrument must be notified under the Legislation Act.

      (7)In this section:

      advisory committee means an advisory committee established by the Minister under the Act, section 86.

      controlled sports legislation means—

      (a)the Boxing Control Act 1993 (repealed); or

      (b)the Controlled Sports Act 2019; or

      (c)a corresponding law.

      national sporting organisation—

      (a)means—see the Act, section 63 (7); and

      (b)includes a state sporting organisation recognised by a national sporting organisation.

    Part 5Definitions—Act, dictionary

    1. Medical details—Act, dict, def certificate of fitness, par (b)

      The following details are prescribed for a certificate for a person:

      (a)any injuries or medical conditions the person is suffering from on the date the certificate is issued;

      (b)the date the person last competed in a controlled sports event;

      (c)details of any knockouts, concussions or other head traumas sustained by the person since the date the person’s previous certificate of fitness was issued.

    2. Corresponding law—Act, dict, def corresponding law

      The following laws are prescribed:

      (a)the Boxing and Martial Arts Act 2000 (SA);

      (b)the Combat Sports Act 1987 (WA);

      (c)the Combat Sports Act 2013 (NSW);

      (d)the Professional Boxing and Combat Sports Act 1985 (Vic).

    3. Medical investigations—Act, dict, def pre‑event medical clearance certificate, par (b)

      (1)The following investigations are prescribed for a certificate for a controlled sports contestant:

      (a)an investigation to determine whether the contestant—

      (i)is dehydrated; or

      (ii)has recently consumed alcohol or used a prohibited substance; or

      (iii)has recently sustained an injury, fracture or wound; or

      (iv)is suffering from an illness; or

      (v)has a skin infection or disease; or

      (vi)is pregnant;

      (b)any other investigation to determine whether the contestant is suffering from any medical condition that may prevent the contestant from safely competing in a controlled sports event.

      (2)In this section:

      prohibited substance—see the Medicines, Poisons and Therapeutic Goods Act 2008, section 13.


    Dictionary

    (see s 3)

    Note 1The Legislation Act contains definitions and other provisions relevant to this regulation.

    Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:

    ·     child

    ·     entity

    ·     person (see s 160).

    Note 3Terms used in this regulation have the same meaning that they have in the Controlled Sports Act 2019 (see Legislation Act, s 148). For example, the following terms are defined in the Controlled Sports Act 2019, dict:

    ·     another jurisdiction

    ·     authorised controlled sports body (see s 63)

    ·     certificate of fitness

    ·     controlled sport (see s 7)

    ·     controlled sports contestant (see s 25 (1))

    ·     controlled sports event (see s 9)

    ·     controlled sports official (see s 11)

    ·     corresponding law

    ·     non-registrable event (see s 61)

    ·     pre-event medical clearance certificate

    ·     registered controlled sports contestant

    ·     registered controlled sports official

    ·     registered event (see s 35 (2) (a))

    ·     registered medical practitioner

    ·     registered referee

    ·     registrable event (see s 10)

    ·     registrar

    ·     relevant person.

    draw, for a controlled sports event—

    (a)means a list of contestants who will, or intend to, compete in the event; and

    (b)includes the controlled sport and the number of rounds each contestant will, or intends to, compete in at the event.

    Endnotes

    1. About the endnotes

      Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.

      Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.

      Uncommenced amending laws are not included in the republished law.  The details of these laws are underlined in the legislation history.  Uncommenced expiries are underlined in the legislation history and amendment history.

      If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. 

      The endnotes also include a table of earlier republications.

    2. Abbreviation key

    A = Act NI = Notifiable instrument
    AF = Approved form o = order
    am = amended om = omitted/repealed
    amdt = amendment ord = ordinance
    AR = Assembly resolution orig = original
    ch = chapter par = paragraph/subparagraph
    CN = Commencement notice pres = present
    def = definition prev = previous
    DI = Disallowable instrument (prev...) = previously
    dict = dictionary pt = part
    disallowed = disallowed by the Legislative r = rule/subrule
    Assembly reloc = relocated
    div = division renum = renumbered
    exp = expires/expired R[X] = Republication No
    Gaz = gazette RI = reissue
    hdg = heading s = section/subsection
    IA = Interpretation Act 1967 sch = schedule
    ins = inserted/added sdiv = subdivision
    LA = Legislation Act 2001 SL = Subordinate law
    LR = legislation register sub = substituted
    LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
    mod = modified/modification or to be expired

    1. Legislation history

      Controlled Sports Regulation 2019 SL2019-26

      notified LR 23 September 2019
      s 1, s 2 commenced 23 September 2019 (LA s 75 (1))
      remainder commenced 11 October 2019 (s 2 and see Controlled Sports Act 2019 A2019-9 s 2)

      as amended by

      Controlled Sports Amendment Regulation 2024 (No 1) SL2024-27

      notified LR 12 September 2024
      s 1, s 2 commenced 12 September 2024 (LA s 75 (1))
      remainder commenced 13 September 2024 (s 2)

    2. Amendment history

      Commencement

      s 2om LA s 89 (4)

      Important concepts

      pt 1A hdgins SL2024‑27 s 4

      Meaning of controlled sport—Act, s 7, def controlled sport, par (b) (ii)

      s 5Ains SL2024‑27 s 4

      Meaning of controlled sports official—Act, s 11 (1), def controlled sports official, par (a) (x)

      s 5Bins SL2024‑27 s 4

      Conduct of registered events

      pt 3 hdgsub SL2024‑27 s 5

      Minimum age for contestants—non-registrable events—Act, s 66 (a)

      s 19am SL2024‑27 s 6

    3. Earlier republications

      Some earlier republications were not numbered. The number in column 1 refers to the publication order. 

      Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical.

    Republication No and date Effective Last amendment made by Republication for
    R1
    11 Oct 2019     		11 Oct 2019–
    12 Sept 2024     		not amended new regulation
    Actions
    Download as PDF Download as Word Document
    Cases Citing This Decision

    0

    Cases Cited

    0

    Statutory Material Cited

    0