Untitled document
Professional Boxing and Combat Sports Amendment Act 2008
No. 11 of 2008
table of provisions
Section Page
1Purposes
2Commencement
3Principal Act
4Definitions
5Part II heading amended
6Board may license persons involved in professional contests
7Board may issue permit to conduct promotion
8Promoters, trainers, match-makers, referees and judges must
hold a licence9Licences and permits
10Section 9A substituted
9AVariation, suspension or cancellation of licence or
permit
11Person must not compete in a professional contest unless registered
12Application for registration as a professional contestant
13Cancellation or suspension of registration
10BCancellation or suspension of registration
14Restriction on re-registration of previously unfit professional contestant
15Division 3 of Part II substituted
Division 3—Medical examinations and fitness tests
12Compulsory medical examinations and fitness tests
16Duties of promoters
17New Division 4A of Part II
Division 4A—Timekeepers
13ABoard to keep list of persons who may act as timekeepers
18Division 5 of Part II substituted
Division 5—Professional Boxing and Combat Sports Board
14Establishment and membership of Board
14AFunctions, powers and duties of Board
14BBoard procedure
14CDelegation
14DImmunity
19Delegation
20Part IV heading
21Review by Victorian Civil and Administrative Tribunal
22Section 19 substituted
19Proceedings for offence
23New regulation making powers
24Board may make rules
23Board may make rules
25New Division heading in Part VIII
26New Division 2 of Part VIII
Division 2—Provisions for Professional Boxing and
Combat Sports Amendment Act 200829Definition
30Existing licences, permits and registrations
31Timekeepers
32Existing applications
33Existing Board members
27Repeal of amending Act
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Endnotes
Professional Boxing and Combat Sports Amendment Act 2008
No. 11 of 2008
[Assented to 18 March 2008]
The Parliament of Victoria enacts:
1Purposes
The main purpose of this Act is to amend the Professional Boxing and Combat Sports Act 1985 to—
(a)provide for powers, duties and functions to be exercised by the Professional Boxing and Combat Sports Board; and
(b)provide for the Minister to give directions to the Board; and
(c)enable the Board to prevent contestants who lack the necessary professional skills from competing in professional contests; and
(d)provide for a list of persons who may act as timekeepers for promotions; and
(e)provide power to make regulations about the list of timekeepers, medical tests conducted for the purposes of the Act and other matters relating to professional contestants, professional contests and promotions; and
(f)otherwise improve the operation of that Act.
2Commencement
(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.
(2)If a provision of this Act does not come into operation before 1 July 2008, it comes into operation on that day.
3Principal Act
In this Act, the Professional Boxing and Combat Sports Act 1985 is called the Principal Act.
4Definitions
In section 5 of the Principal Act—
(a)insert the following definitions—
"Department means the Department of Planning and Community Development;
timekeeper means a person who regulates the number and length of rounds, and the interval between rounds, of a professional contest;";
(b)in the definition of licensing authority, for "Minister" (wherever occurring) substitute "Board".
5Part II heading amended
In the heading to Part II of the Principal Act, omit "BOXING".
6Board may license persons involved in professional contests
(1)Insert the following heading to section 6 of the Principal Act—
"Board may license persons involved in professional contests".
(2)In sections 6(1), 6(3) and 6(4) of the Principal Act, for "Minister" (wherever occurring) substitute "Board".
7Board may issue permit to conduct promotion
(1)Insert the following heading to section 7 of the Principal Act—
"Board may issue permit to conduct promotion".
(2)In sections 7(1) and 7(2) of the Principal Act, for "Minister" (wherever occurring) substitute "Board".
8Promoters, trainers, match-makers, referees and judges must hold a licence
In section 8(3) of the Principal Act, for "Minister" substitute "Board".
9Licences and permits
(1)In section 9(2) of the Principal Act, for "Minister" substitute "Board".
(2)After section 9(2) of the Principal Act insert—
"(2A)It is a condition of each promoter's licence that the promoter must only engage persons whose names are on the list kept under section 13A to act as timekeepers for promotions.".
(3)For sections 9(4) and 9(5) of the Principal Act substitute—
"(4)If the Board varies or revokes a condition to which a licence or permit is subject, the Board must, as soon as is practicable, give written notice of the variation or revocation to the holder of the licence or permit.
(5)The written notice must specify the grounds for the variation or revocation.
(6)The holder of a licence or permit under this Act must comply with any conditions that apply to the licence or permit.".
10Section 9A substituted
For section 9A of the Principal Act substitute—
"9A Variation, suspension or cancellation of licence or permit
(1)This section applies if a person who holds a licence or permit—
(a)is convicted of an offence against this Act or contravenes any provision of this Act or the regulations; or
(b)contravenes a provision of a law of another State or a Territory that corresponds with a provision of this Act or the regulations; or
(c)does, or omits to do, an act in another State or a Territory that would contravene this Act or the regulations; or
(d)contravenes a condition of the licence or permit.
(2)The Board may—
(a)vary the conditions on which the licence or permit was issued; or
(b)suspend the licence or permit for any period the Board considers appropriate; or
(c)cancel the licence or permit.
(3)If the Board cancels a person's licence or permit under subsection (2), the Board must disqualify the person from obtaining a further licence or permit for any period the Board considers appropriate.
(4)If the Board varies the conditions of, or suspends or cancels, a licence or permit under this section, the Board must advise the holder of the licence or permit of the variation, suspension or cancellation orally or in writing.
(5)If the Board gives the holder of a licence or permit oral notice under subsection (4), the Board must, as soon as is practicable, give written notice of the variation, suspension or cancellation.
(6)The written notice must specify the grounds for the variation, suspension or cancellation.".
11Person must not compete in a professional contest unless registered
In section 10(3) of the Principal Act, for "Minister" substitute "Board".
12Application for registration as a professional contestant
(1)In sections 10A(1) and 10A(3) of the Principal Act, for "Minister" (wherever occurring) substitute "Board".
(2)In section 10A(3) of the Principal Act, after "required by" insert "this Act or".
(3)After section 10A(3) of the Principal Act insert—
"(3A)The registration of a person as a professional contestant may be subject to any conditions that the Board determines.
(3B)The conditions may be varied or revoked by the Board at any time.
(3C)If the Board varies or revokes a condition to which a person's registration is subject, the Board must, as soon as is practicable, give written notice of the variation or revocation to the person.
(3D)The written notice must specify the grounds for the variation or revocation.".
13Cancellation or suspension of registration
For section 10B of the Principal Act substitute—
"10B Cancellation or suspension of registration
(1)This section applies if—
(a)the Board is notified under section 12 that a registered professional contestant is unfit to engage in professional contests generally; or
(b)the Board considers, having regard to the level of professional skills of a registered professional contestant, that it is not in the interests of the health or safety of the contestant to engage in professional contests; or
(c)a registered professional contestant—
(i)is convicted of an offence against this Act or contravenes any provision of this Act or the regulations; or
Example
Failure to present for a medical examination before or after a professional contest as required by section 12.
(ii)contravenes any provision of a law of another State or Territory that corresponds with a provision of this Act or the regulations; or
(iii)contravenes any conditions imposed on the contestant's registration under this Act.
(2)The Board—
(a)must cancel or suspend the contestant's registration if subsection (1)(a) or (1)(b) applies; and
(b)may cancel or suspend the contestant's registration if subsection (1)(c)(i), (ii) or (iii) applies.
(3)If the Board cancels a contestant's registration under subsection (2), the Board must disqualify the person from being re‑registered as a professional contestant for any period the Board considers appropriate.
(4)If the Board suspends a contestant's registration under subsection (2), the registration is suspended—
(a)if the suspension is because the contestant is unfit under subsection (1)(a), until the contestant is able to satisfy the Board that he or she is fit to engage in professional contests under section 10C; or
(b)if the suspension is because the contestant lacks the required level of professional skills under subsection (1)(b), until the contestant is able to satisfy the Board that he or she has the level of professional skills required to engage in professional contests; or
(c)if the suspension is because subsection (1)(c)(i), (ii) or (iii) applies to the contestant, for a period the Board considers appropriate.
(5)In considering the level of a contestant's professional skills, the Board must have regard to—
(a)the contestant's defensive skills, including evasive skills and speed of reaction; and
(b)the contestant's mobility and ring generalship; and
(c)the contestant's strategic and tactical awareness; and
(d)the contestant's endurance and stamina; and
(e)any other factor the Board considers relevant to the contestant's ability to defend himself or herself in professional contests.
(6)If the Board suspends or cancels a contestant's registration under this section, the Board must advise the contestant of the suspension or cancellation orally or in writing.
(7)If the Board gives a contestant oral notice under subsection (6), the Board must, as soon as is practicable, give the contestant written notice of the suspension or cancellation.
(8)The written notice must specify the grounds for the suspension or cancellation.".
14Restriction on re-registration of previously unfit professional contestant
(1)Insert the following heading to section 10C of the Principal Act—
"Restriction on re-registration of previously unfit professional contestant".
(2)In section 10C of the Principal Act, for "Minister" (wherever occurring) substitute "Board".
(3)In section 10C of the Principal Act, for "10B(1)" substitute "10B(2) on the grounds referred to in section 10B(1)(a)".
15Division 3 of Part II substituted
For Division 3 of Part II of the Principal Act substitute—
"Division 3—Medical examinations and fitness tests
12Compulsory medical examinations and fitness tests
(1)A professional contestant must present himself or herself to a medical practitioner—
(a)for a medical examination—
(i)within 24 hours before, and within 24 hours after, a professional contest; and
(ii)at any other time before a professional contest as directed by the Board; and
(b)for a medical examination or a fitness test at any other time as required by the regulations.
(2)A medical practitioner who conducts a medical examination or fitness test for the purposes of this section must conduct the examination or test, and record the results, in accordance with the regulations.
Penalty:120 penalty units or imprisonment for 12 months or both.
(3)If, after conducting the medical examination or fitness test, the medical practitioner finds the professional contestant is unfit to compete in a particular professional contest or professional contests generally, the medical practitioner must—
(a)declare the professional contestant to be unfit; and
(b)as soon as is practicable, give notice of the declaration to—
(i)the contestant; and
(ii)the Board; and
(iii)if the declaration is in respect of a particular professional contest, the promoter of that contest; and
(c)complete and forward to the Board a report in writing about the medical examination or fitness test.
Penalty:120 penalty units or imprisonment for 12 months or both.
(4)A contestant must not compete in a professional contest if a medical practitioner has declared the contestant unfit under this section until the contestant is declared fit in accordance with this Act or the regulations.
(5)A person who is not required to be registered under this Act because the person is registered or licensed in another State or Territory must comply with this section as if the person were registered under this Act.".
16Duties of promoters
For section 13(1)(c) of the Principal Act substitute—
"(c)the provisions of the relevant regulations are complied with; and".
17New Division 4A of Part II
After section 13 of the Principal Act insert—
"Division 4A—Timekeepers
13ABoard to keep list of persons who may act as timekeepers
(1)The Board must keep a list of persons who may act as timekeepers.
(2)The Board may include a person on the list of timekeepers if the Board is satisfied that the person has the necessary skills and knowledge to act as a timekeeper.
(3)The Board may remove a person from the list of timekeepers if the Board is satisfied that the person—
(a)no longer has the necessary skills and knowledge to be a timekeeper; or
(b)is otherwise unfit to continue to act as a timekeeper, having regard to the person's conduct.
(4)If the Board removes a person from the list of timekeepers, the Board must—
(a)advise the person of the removal as soon as is practicable after the removal and provide reasons for the removal; and
(b)if the Board is aware that the timekeeper has been engaged by a promoter in relation to a particular promotion, advise the promoter of the removal as soon as is practicable after the removal.".
18Division 5 of Part II substituted
For Division 5 of Part II of the Principal Act substitute—
"Division 5—Professional Boxing and Combat Sports Board
14Establishment and membership of Board
(1)There is a Professional Boxing and Combat Sports Board.
(2)The Board must have at least 5, but no more than 7, members.
(3)The Board consists of—
(a)a Chairperson; and
(b)a member of the police force of Victoria; and
(c)no more than 5 people who, in the Minister's opinion, have a good knowledge of boxing, or one or more combat sports.
(4)The members of the Board are to be appointed by the Minister.
(5)A member of the Board is entitled to be paid the fees, allowances and expenses fixed by the Governor in Council.
(6)A person holds office for the period, not exceeding 3 years, specified in the instrument of appointment and is eligible for re‑appointment.
(7)The Minister may terminate the appointment of a member if the member—
(a)becomes incapable of performing his or her duties; or
(b)is negligent in the performance of those duties; or
(c)engages in improper conduct; or
(d)fails to disclose a conflict of interest; or
(e)is found guilty of an offence against this Act.
14AFunctions, powers and duties of Board
(1)The functions of the Board are—
(a)to advise the Minister on all matters relating to professional contests; and
(b)to exercise the powers, duties and functions conferred on the Board by or under this Act; and
(c)to supervise the conduct of weigh-ins and promotions.
(2)The Board may from time to time engage persons with special experience to enable the Board to carry out its functions.
(3)The Board has all powers necessary to carry out its functions.
(4)The Minister may give the Board directions in relation to the carrying out of its functions under this Act.
(5)The Board must comply with the directions of the Minister in carrying out its functions under this Act.
14BBoard procedure
(1)The Board must meet at the times and places fixed by the Chairperson.
(2)The Chairperson has a deliberative and casting vote.
(3)A matter cannot be decided at a meeting of the Board unless more than half of its current members are present.
(4)The Chairperson may permit Board members to participate in a particular meeting, or all meetings, by telephone, closed circuit television or other means of communication.
(5)The Board may otherwise regulate its own procedure.
14CDelegation
(1)The Board may, by a written instrument, delegate—
(a)any of the Board's powers, duties or functions under this Act, other than this power of delegation, to a member of the Board; or
(b)to an employee of the Department the power to determine applications for—
(i)registration (or renewal of registration) as a professional contestant under section 10A; or
(ii)a licence (or renewal of a licence) to act as a trainer, match-maker, referee or judge under section 6.
(2)For the purposes of subsection (1)(a)—
(a)a power delegated to a Board member to determine applications for registration (or renewal of registration) as a professional contestant under section 10A may be exercised by that member acting alone; and
(b)a power delegated to a Board member to determine applications for a licence (or renewal of a licence) to act as a trainer, match-maker, referee or judge under section 6 may be exercised only with the agreement of at least one other Board member; and
(c)any other power, duty or function delegated to a Board member may be exercised only with the agreement of at least 2 other Board members.
(3)For the purposes of subsection (1)(b)—
(a)a power delegated to an employee of the Department to determine applications for registration (or renewal of registration) of a contestant may be exercised only with the agreement of at least one member of the Board; and
(b)a power delegated to an employee of the Department to determine applications for a licence (or renewal of a licence) to act as a trainer, match-maker, referee or judge may be exercised only with the agreement of at least 2 members of the Board.
(4)A delegate who makes a decision under a delegation must give the Board written notice of the decision as soon as is practicable after the decision is made.
(5)A notice under subsection (4) must, if the delegate was required to exercise the power, duty or function with the agreement of one or more Board members, specify the Board members or delegates who agreed to the exercise of the power, duty or function.
14DImmunity
(1)A member of the Board is not personally liable for anything done or omitted to be done in good faith—
(a)in the exercise of a power or the discharge of a duty under this Act; or
(b)in the reasonable belief that the act or omission was in the exercise of a power or the discharge of a duty under this Act.
(2)Any liability resulting from an act or omission that would but for subsection (1) attach to a member of the Board attaches instead to the State.".
19Delegation
(1)In section 15(1) of the Principal Act, omit "for Victorian Communities".
(2)Sections 15(2), 15(3), 15(4), 15(5) and 15(6) of the Principal Act are repealed.
20Part IV heading
In the heading to Part IV of the Principal Act, for "MINISTER" substitute "BOARD".
21Review by Victorian Civil and Administrative Tribunal
In section 16(1) of the Principal Act, for "decision of the Minister or of a delegate of the Minister under this Act" substitute "decision of the Minister under section 15(8) in relation to a promoter's licence or a decision of the Board".
22Section 19 substituted
For section 19 of the Principal Act substitute—
"19 Proceedings for offence
(1)The following persons may institute proceedings for an offence against this Act—
(a)the Minister;
(b)a person authorised in writing by the Minister;
(c)the Chairperson of the Board, or a person authorised in writing by the Chairperson of the Board.
(2)A person who institutes legal proceedings in the name of the Minister or the Chairperson of the Professional Boxing and Combat Sports Board is taken to be authorised to take those proceedings, in the absence of evidence to the contrary.".
23New regulation making powers
(1)After section 22(1)(a) of the Principal Act insert—
"(b)matters relating to keeping a list of persons who may act as timekeepers;
(c)matters relating to the conduct of promotions;".
(2)In section 22(1)(d) of the Principal Act, after "medical examinations and" insert "medical treatment and".
(3)After section 22(1)(d) of the Principal Act insert—
"(e)matters relating to medical tests and fitness tests carried out for the purposes of this Act, including the form, type, frequency and reporting of those tests;
(f)matters relating to persons who are competing in Victoria and who are registered or licensed in another State or Territory;
(g)matters requiring professional contestants registered in Victoria to notify the Board when they are competing outside Victoria;
(h)matters relating to the arrival of contestants in Victoria before contests and other matters relating to the participation in contests of contestants who reside outside Victoria;".
(4)In section 22(1)(k) of the Principal Act, after "unfit" insert "or lacking the required professional skills to compete in professional contests".
(5)In section 22(n) of the Principal Act, after "permits" insert ", registrations".
24Board may make rules
For section 23 of the Principal Act substitute—
"23 Board may make rules
The Board may make rules for the proper conduct of professional contests.".
25New Division heading in Part VIII
After the heading to Part VIII of the Principal Act, insert—
"Division 1—Provisions for Professional Boxing and Martial Arts (Amendment) Act 2001".
26New Division 2 of Part VIII
After section 28 of the Principal Act insert—
"Division 2—Provisions for Professional Boxing and Combat Sports Amendment Act 2008
29Definition
In this Division—
amending Act means the Professional Boxing and Combat Sports Amendment Act 2008.
30Existing licences, permits and registrations
(1)A licence issued by the Minister under section 6, and in force immediately before the commencement of section 6 of the amending Act, continues after the commencement of section 6 of the amending Act, subject to the same conditions, as if it had been issued by the Board.
(2)A permit issued by the Minister under section 7, and in force immediately before the commencement of section 7 of the amending Act, continues after the commencement of section 7 of the amending Act, subject to the same conditions, as if it had been issued by the Board.
(3)A written notice given to a person by the Minister under section 8(3), and in force immediately before the commencement of section 8 of the amending Act, continues after the commencement of section 8 of the amending Act as if it had been given to the person by the Board.
(4)A person registered as a professional contestant under section 10A(3) (including a person whose registration has been renewed) by the Minister, and whose registration was in force immediately before the commencement of section 12 of the amending Act, continues after the commencement of section 12 to be registered as a professional contestant, subject to the same conditions, as if the person had been registered by the Board.
(5)If, immediately before the commencement of section 10 of the amending Act, a person's licence or permit under this Act was suspended or cancelled by the Minister, the person's licence or permit continues, after the commencement of section 10, to be suspended or cancelled as if it had been suspended or cancelled by the Board.
(6)If, immediately before the commencement of section 13 of the amending Act, a person's registration as a professional contestant, was suspended or cancelled by the Minister, the person's registration continues, after the commencement of section 13, to be suspended or cancelled as if it had been suspended or cancelled by the Board.
(7)A direction given to a person by the Minister under section 12(1), and in force immediately before the commencement of section 15 of the amending Act, continues to apply to the person after the commencement of section 15 as if the direction had been given by the Board.
(8)A person whose interests are affected by a decision referred to in section 16 (other than a decision made in relation to a promoter's licence under section 15(8)) made by the Minister before the commencement of section 21 of the amending Act has, after the commencement of section 21, the same right under section 16 to apply to VCAT for a review of the decision as if the decision had been made by the Board.
(9)A person who, immediately before the commencement of section 21 of the amending Act, had a right under section 16 to apply to VCAT for a review of a decision made by the Minister under section 15(8) in relation to a promoter's licence continues, after the commencement of section 21, to have the right to apply to VCAT under section 16 for a review of the decision.
(10)Rules made by the Minister under section 23 of the Act, and in force immediately before the commencement of section 24 of the amending Act, continue after the commencement of section 24 as if the rules had been made by the Board.
31Timekeepers
(1)To avoid any doubt, section 9(2A) applies to a licence issued and in force immediately before the commencement of section 9 of the amending Act.
(2)Despite subsection (1), a promoter may engage a timekeeper whose name is not on the list kept under section 13A, for a promotion conducted after the commencement of section 9(2) of the amending Act, if the permit for the promotion was issued before that commencement.
32Existing applications
(1)If an application for a licence under section 6 has been made but not determined immediately before the commencement of section 6 of the amending Act, from the commencement of section 6 of the amending Act, the application may be decided under this Act, as amended by the amending Act, as if it had been made after that commencement.
(2)If an application for a permit under section 7 has been made but not determined immediately before the commencement of section 7 of the amending Act, from the commencement of section 7 of the amending Act, the application may be decided under this Act, as amended by the amending Act, as if it had been made after that commencement.
(3)If an application for registration as a professional contestant under section 10A(3) has been made but not decided before the commencement of section 12 of the amending Act, from the commencement of section 12, the application may be decided under this Act, as amended by the amending Act, as if it had been made after that commencement.
33Existing Board members
(1)A person who, immediately before the commencement of section 18 of the amending Act, was a Board member continues after the commencement of section 18 to be a Board member.
(2)For the purposes of subsection (1), a Board member continues to hold office on the same terms and conditions as the member held office immediately before the commencement of section 18 of the amending Act.".
27Repeal of amending Act
This Act is repealed on 1 July 2009.
Note
The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).
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Endnotes
Minister's second reading speech—
Legislative Assembly: 6 December 2007
Legislative Council: 28 February 2008
The long title for the Bill for this Act was "A Bill for an Act to amend the Professional Boxing and Combat Sports Act 1985 and for other purposes."
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