Professional Boxing and Combat Sports Act 1985FILE/85-10183a026.docx · Web viewDivision 1—Provisions for Professional Boxing and Martial Arts (Amendment) Act 200134

Version No. 026

Professional Boxing and Combat Sports Act 1985

No. 10183 of 1985

Version incorporating amendments as at 24 May 2012

TABLE OF PROVISIONSSection Page

PART I—PRELIMINARY 1

1 Short title 12 Commencement 13 Purpose 14 Repealed 15 Definitions 25A Recognition of amateur associations 5

PART II—PROFESSIONAL CONTESTS 7

Division 1—Licences and permits 7

6 Board may license persons involved in professional contests 77 Board may issue permit to conduct promotion 88 Promoters, trainers, match-makers, referees and judges must

hold a licence 89 Licences and permits 99A Variation, suspension or cancellation of licence or permit 10

Division 2—Registration 11

10 Person must not compete in a professional contest unless registered 11

10A Application for registration as a professional contestant 1110B Cancellation or suspension of registration 1310C Restriction on re-registration of previously unfit professional

contestant 15

Division 3—Medical examinations and fitness tests 15

11 Repealed 1512 Compulsory medical examinations and fitness tests 16

1

Division 4—Duties of promoters 17

13 Duties of Promoter 17

Division 4A—Timekeepers 18

13A Board to keep list of persons who may act as timekeepers 18

Division 5—Professional Boxing and Combat Sports Board 19

14 Establishment and membership of Board 1914A Functions, powers and duties of Board 2014B Board procedure 2114C Delegation 2114D Immunity 23

PART III—DELEGATION BY MINISTER 24

15 Minister may delegate 24

PART IV—REVIEW OF DECISIONS OF BOARD 26

16 Review by Victorian Civil and Administrative Tribunal 26

PART V—OFFENCES 28

17 Repealed 2818 Aiding etc. offence 2819 Proceedings for offence 2820 Certificate of Minister shall be evidence 2821 Document under this Act shall be evidence 29

PART VI—REGULATIONS 30

22 Regulations 30

PART VII—RULES 33

23 Board may make rules 33

PART VIII—TRANSITIONAL AND SAVINGS PROVISIONS 34

Division 1—Provisions for Professional Boxing and Martial Arts (Amendment) Act 2001 34

24 Change to references to Act name 3425 Effect of change to Board's name 3426 Single registrations become dual registrations 3427 Former martial art becomes a combat sport 3528 Recognition of former named associations 35

2

Division 2—Provisions for Professional Boxing and Combat Sports Amendment Act 2008 35

29 Definition 3530 Existing licences, permits and registrations 3531 Timekeepers 3732 Existing applications 3833 Existing Board members 38

═══════════════

ENDNOTES 39

1. General Information 39

2. Table of Amendments 40

3. Explanatory Details 42

3

Version No. 026

Professional Boxing and Combat Sports Act 1985

No. 10183 of 1985

Version incorporating amendments as at 24 May 2012

An Act to broaden existing controls on professional boxing and to repeal the Professional Boxing Control Act 1975 and for

other purposes.

BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):

PART I—PRELIMINARY

1 Short title1

This Act may be cited as the Professional Boxing and Combat Sports Act 1985.

2 Commencement

The provisions of this Act shall come into effect on a day or days to be fixed by proclamation of the Governor in Council published in the Government Gazette.

3 Purpose

The purpose of this Act is to control professional boxing and professional combat sports, to reduce the risk of malpractice and to promote safety.

* * * * *

1

S. 1amended by Nos 36/1996 s. 3(1), 15/2001 s. 3.

S. 3amended by Nos 36/1996 s. 4, 15/2001 s. 4.

S. 4repealed by No. 36/1996 s. 25.

5 Definitions

In this Act—

adult means a person who is 18 years of age or older;

Board means the Professional Boxing and Combat Sports Board created under section 14;

boxing means fist fighting;

combat sport means—

(a) kickboxing; or

(b) any sport or activity (other than boxing) in which each contestant in a contest or exhibition of that sport or activity is required to strike, kick, hit, grapple with, throw or punch the other contestant, and that is determined by the Minister to be a combat sport for the purposes of this Act;

Department means the Department of Planning and Community Development;

gymnasium means any premises at or in which professional contestants train or receive instruction in boxing or in a combat sport;

judge means a person who determines the points scored by each contestant in a professional contest;

licensing authority means a person or body in another State or Territory who is recognised

2

S. 5amended by No. 23/1994 s. 118(Sch. 1 item 44.1), substituted by No. 36/1996 s. 5.

s. 5

S. 5 def. of Board amended by No. 15/2001 s. 5(b).

S. 5 def. of combat sport inserted by No. 15/2001 s. 5(a).

S. 5 def. of Department inserted by No. 11/2008 s. 4(a).

S. 5 def. of gymnasium amended by No. 15/2001 s. 5(c).

S. 5 def. of licensing authority amended by No. 11/2008 s. 4(b).

by the Board as exercising a power equivalent to the power given to the Board by this Act to license or register a person;

* * * * *

match-maker means a person who acts on behalf of a promoter to arrange professional contests between particular professional contestants;

medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);

professional boxing contest means any contest or exhibition of boxing (including an exhibition of sparring)—

(a) that is conducted for profit; or

(b) in which the contestants participate for a monetary reward; or

(c) to which the public is admitted on the payment of a fee for admission, except if the fee is charged—

(i) for a public charitable purpose; or

(ii) for an event that is organised by, or under the control of, an amateur boxing association recognised by the Minister under section 5A;

3

S. 5 def. of martial art repealed by No. 15/2001 s. 5(d).

S. 5 def. of medical practitioner amended by No. 97/2005 s. 182(Sch. 4 item 41), substituted by No. 13/2010 s. 51(Sch. item 43).

S. 5 def. of professional boxing contest amended by No. 15/2001 s. 5(e).

s. 5

professional combat sport contest means any contest or exhibition of a combat sport—

(a) that is conducted for profit; or

(b) in which the contestants participate for a monetary reward; or

(c) to which the public is admitted on the payment of a fee for admission, except if the fee is charged—

(i) for a public charitable purpose; or

(ii) for the purposes of the administration of an amateur combat sport association recognised by the Minister under section 5A;

professional contest means any professional boxing contest or professional combat sport contest;

* * * * *

professional contestant means—

(a) a boxer who boxes in any professional boxing contest; or

(b) a person who competes in a professional combat sport contest;

promoter means any person who promotes a professional contest;

4

S. 5 def. of professional combat sport contest inserted by No. 15/2001 s. 5(a).

S. 5 def. of professional contest amended by No. 15/2001 s. 5(c).

s. 5

S. 5 def. of professional martial art contest repealed by No. 15/2001 s. 5(f).

S. 5 def. of professional contestant amended by No. 15/2001 s. 5(c).

promotion means an event consisting of one or more professional contests and includes any preliminary arrangements in connection with such an event;

referee means a person who controls, or exercises any form of control, over the conduct of professional contestants during a professional contest;

timekeeper means a person who regulates the number and length of rounds, and the interval between rounds, of a professional contest;

trainer means a person who supervises the training or instruction of a professional contestant or who accompanies a professional contestant into the ring or on to the contest arena to give advice or assistance during a professional contest.

5A Recognition of amateur associations

(1) The Minister may, by notice in writing—

(a) for the purposes of paragraph (c)(ii) in the definition of professional boxing contest, recognise an amateur boxing association;

(b) for the purposes of paragraph (c)(ii) in the definition of professional combat sport contest, recognise an amateur combat sport association.

(2) The Minister must not recognise an association under subsection (1) unless the Board has advised the Minister that the association is suitable for recognition.

5

S. 5 def. of timekeeper inserted by No. 11/2008 s. 4(a).

S. 5Ainserted by No. 15/2001 s. 6.

s. 5A

(3) The Minister may withdraw the recognition of an association for the relevant purpose described in subsection (1) by notice in writing published in the same way that the notice granting the association recognition was published.

—————————

6

s. 5A

PART II—PROFESSIONAL CONTESTS

Division 1—Licences and permits

6 Board may license persons involved in professional contests

(1) Any adult may apply to the Board for a licence or for its renewal to act as a promoter, trainer, match-maker, referee or judge.

(2) An application must be in the relevant prescribed form, must be accompanied by the prescribed fee and must set out—

(a) the nature and extent of the applicant's experience; and

(b) any other information prescribed in the regulations.

(3) The Board must issue a licence to act as a promoter, trainer, match-maker, referee or judge to any person who satisfies the prerequisites required by the regulations for the issue of the licence.

(4) The Board must renew the licence of any promoter, trainer, match-maker, referee or judge who satisfies the prerequisites required by the regulations for the renewal of the licence.

* * * * *

Pt 2 (Heading) amended by No. 11/2008 s. 5.

S. 6 (Heading) inserted by No. 11/2008 s. 6(1).

s. 6

S. 6(1) amended by Nos 36/1996 s. 6(1), 11/2008 s. 6(2).

S. 6(3) substituted by No. 36/1996 s. 6(2), amended by No. 11/2008 s. 6(2).

S. 6(4) substituted by No. 36/1996 s. 6(2), amended by No. 11/2008 s. 6(2).

S. 6(5)(6) repealed by No. 36/1996 s. 6(2).

Professional Boxing and Combat Sports Act 1985No. 10183 of 1985

7

7 Board may issue permit to conduct promotion

(1) A licensed promoter may apply to the Board in the prescribed form for a permit to conduct a particular promotion.

(2) The Board may issue a permit to conduct the promotion on payment of the prescribed fee and if satisfied that the prescribed pre-requisites have been satisfied for the issue of the permit.

(3) A person must not conduct a promotion unless the person holds a permit issued under this section in relation to the promotion.

Penalty:120 penalty units or imprisonment for 12 months or both.

8 Promoters, trainers, match-makers, referees and judges must hold a licence

(1) A person must not act as a promoter, trainer, match-maker, referee or judge unless the person holds the appropriate licence issued under section 6.


(2) However, the following people do not need to hold a licence—

(a) a person resident outside the Commonwealth who is nominated by a boxing body or combat sport body outside the Commonwealth to act as a referee or judge for a professional contest in Victoria;

(b) a trainer accompanying a licensed or registered professional contestant who

S. 7 (Heading) inserted by No. 11/2008 s. 7(1).

S. 7(1) amended by No. 11/2008 s. 7(2).

S. 7(2) amended by Nos 36/1996 s. 7(1), 11/2008 s. 7(2).

S. 7(3) substituted by No. 36/1996 s. 7(2).

S. 8 substituted by No. 36/1996 s. 8.

s. 8

S. 8(2)(a) amended by No. 15/2001 s. 7(a).


8

resides outside the Commonwealth and who is in Victoria to compete in a professional contest;

(c) an adult who is licensed or registered as a trainer, match-maker, referee or judge in respect of professional contests in another State or Territory by a licensing authority.

(3) Subsection (2) does not apply to a person who has been given a written notice by the Board stating that subsection (2) does not apply to the person.

9 Licences and permits2

s. 9S. 9(1) amended by No. 36/1996 s. 9(1).

(1) A licence remains in force for 3 years and may be renewed.

(2) A licence or permit may be subject to any conditions which the Board determines.

(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) The conditions may be varied or revoked at any time.

(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.

S. 8(3) amended by No. 11/2008 s. 8.

S. 9(2) amended by No. 11/2008 s. 9(1).

S. 9(2A) inserted by No. 11/2008 s. 9(2).




9

(6) The holder of a licence or permit under this Act must comply with any conditions that apply to the licence or permit.

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.

S. 9(6) repealed by No. 36/1996 s. 9(2), new s. 9(6) inserted by No. 11/2008 s. 9(3).

S. 9Ainserted by No. 36/1996 s. 10, substituted by No. 11/2008 s. 10.

s. 9A


10

(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.

Division 2—Registration

10 Person must not compete in a professional contest unless registered3

(1) A person must not compete in a professional contest unless he or she is currently registered to compete in professional contests of that nature as a professional contestant.


(2) However, an adult who is registered or licensed as a professional contestant in another State or Territory by a licensing authority is not required to be registered under this Act.

(3) Subsection (2) does not apply to a person who has been given a written notice by the Board stating that subsection (2) does not apply to the person.

10A Application for registration as a professional contestant

(1) A person may apply to the Board to be registered as a professional contestant or to have his or her registration renewed.


s. 10

S. 10(3) amended by No. 11/2008 s. 11.

S. 10A inserted by No. 36/1996 s. 11.

S. 10A(1) amended by No. 11/2008 s. 12(1).


11

(2) An application—

(a) must be in the form set out in the regulations; and

* * * * *

(c) must be accompanied by the fee required by the regulations; and

(d) must be accompanied by a certificate of fitness for participation in professional contests signed by a medical practitioner and given within 14 days before the application is submitted.

(3) The Board must register, or renew the registration of, a person as a professional contestant if the person is an adult and complies with subsection (2) and satisfies any relevant prerequisites required by this Act or the regulations.

(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.

(4) Registration remains in force for 3 years and may be renewed.

S. 10A(2)(b) repealed by No. 15/2001 s. 8(1).

s. 10A

S. 10A(2)(d) amended by No. 15/2001 s. 8(2).

S. 10A(3) amended by No. 11/2008 s. 12(1)(2).

S. 10A(3A) inserted by No. 11/2008 s. 12(3).

S. 10A(3B) inserted by No. 11/2008 s. 12(3).

S. 10A(3C) inserted by No. 11/2008 s. 12(3).

S. 10A(3D) inserted by No. 11/2008 s. 12(3).


12

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; orExample

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.

S. 10B inserted by No. 36/1996 s. 11, substituted by No. 11/2008 s. 13.

s. 10B


13

(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.

s. 10B


14

(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.

10C Restriction on re-registration of previously unfit professional contestant

If a person's registration as a professional contestant has been cancelled or suspended under section 10B(2) on the grounds referred to in section 10B(1)(a), the Board must not re-register, or remove the suspension of, the person unless the person gives the Board 2 certificates of fitness for participation in professional contests signed by different medical practitioners and each given within 7 days before the application for re-registration or removal of the suspension is submitted.

Division 3—Medical examinations and fitness tests

12 Compulsory medical examinations and fitness tests

S. 10C (Heading) inserted by No. 11/2008 s. 14(1).S. 10C inserted by No. 36/1996 s. 11, amended by Nos 15/2001 s. 8(2), 11/2008 s. 14(2)(3).

s. 10C

Pt 2 Div. 3 (Heading and ss 11, 12) amended by Nos 23/1994 s. 118(Sch. 1 item 44.2), 36/1996 ss 12, 13, substituted as Pt 2 Div. 3 (Heading and s. 12) by No. 11/2008 s. 15.



15

(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.


(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

s. 12


16

(c) complete and forward to the Board a report in writing about the medical examination or fitness test.


(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.

Division 4—Duties of promoters

13 Duties of Promoters. 13

S. 13(1) amended by No. 36/1996 s. 14(a).

(1) The promoter shall ensure that in respect of every professional contest that he or she promotes—

(a) the professional contestants participating have been found to be fit for engaging in that contest under section 12 and are registered as professional contestants;

(b) all persons not being persons referred to in section 8(2) who are associated with the promotion or contest in a capacity for which a licence may be issued, hold such a licence;

(c) the provisions of the relevant regulations are complied with; and

(d) a medical practitioner is in attendance.

S. 13(1)(a) amended by No. 36/1996 s. 14(b).

S. 13(1)(c) substituted by No. 11/2008 s. 16.

S. 13(1)(d) amended by No. 74/2000 s. 3(Sch. 1 item 103.1).


17

(2) Any promoter who breaches any of the provisions of this section shall be guilty of an offence.


Division 4A—Timekeepers

13A Board 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

S. 13(2) amended by No. 36/1996 s. 14(d).

Pt 2 Div. 4A (Heading and s. 13A) inserted by No. 11/2008 s. 17.

S. 13A inserted by No. 11/2008 s. 17.

s. 13A


18

(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.

Division 5—Professional Boxing and Combat Sports Board

14 Establishment 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.

Pt 2 Div. 5 (Heading and s. 14) amended by Nos 36/1996 s. 15, 74/2000 s. 3(Sch. 1 item 103.2), 15/2001 ss 7(b)-(d), 9, substituted as Pt 2 Div. 5 (Heading and ss 14–14D) by No. 11/2008 s. 18.


s. 14


19

(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.

14A Functions, 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.

S. 14A substituted by No. 11/2008 s. 18.

s. 14A


20

14B Board 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.

14C Delegation

(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

S. 14B inserted by No. 11/2008 s. 18.

s. 14B

S. 14C inserted by No. 11/2008 s. 18.


21

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.

s. 14C


22

14D Immunity

(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.

—————————

S. 14D inserted by No. 11/2008 s. 18.

s. 14D


23

PART III—DELEGATION BY MINISTER

15 Minister may delegates. 15

S. 15(1) amended by Nos 36/1996 s. 16(1), 46/1998s. 7(Sch. 1), 15/2001 s. 10, 28/2007 s. 3(Sch. item 54), 11/2008 s. 19(1).

(1) The Minister may by a written instrument delegate to the Board, a member of the Board or an employee of the Department any power, duty or function of the Minister under this Act other than this power of delegation.

* * * * *

(7) A power, duty or function of the Minister which is purported to be exercised or performed by a delegate without complying with the instrument of delegation shall not be subsequently ratified or validated by the Minister.

(8) An appeal lies to the Minister against a decision of the Board—

(a) refusing to issue or renew a promoter's licence;

(b) suspending or cancelling a promoter's licence;

(c) refusing to issue a permit for a promotion;

(d) cancelling a permit for a promotion;

(e) determining, varying or revoking a condition of a promoter's licence or permit for a promotion; or

S. 15(2)–(6) repealed by No. 11/2008 s. 19(2).


24

(f) disqualifying a person from obtaining a further promoter's licence or permit for a promotion.

* * * * *

__________________

S. 15(9) repealed by No. 36/1996 s. 16(2).

s. 15


25

PART IV—REVIEW OF DECISIONS OF BOARD

16 Review by Victorian Civil and Administrative Tribunal

S. 16(1) amended by No. 11/2008 s. 21.s. 16

(1) A person whose interests are affected by a decision of the Minister under section 15(8) in relation to a promoter's licence or a decision of the Board—

(a) refusing to issue or renew a licence; or

(b) determining a condition of a licence or varying or revoking a condition; or

(c) cancelling or suspending a licence; or

(d) disqualifying a person from obtaining a further licence; or

(e) refusing to register a person as a professional contestant or to renew a registration; or

(f) cancelling or suspending the registration of a registered professional contestant—

may apply to the Victorian Civil and Administrative Tribunal for review of the decision.

(2) An application for review must be made within 28 days after the later of—

Pt 4 (Heading) amended by No. 11/2008 s. 20.

S. 16 amended by No. 36/1996 s. 17(a)–(c), substituted by No. 52/1998 s. 311(Sch. 1 item 77).


26

(a) the day on which the decision is made;

(b) if, under the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.

__________________

s. 16


27

PART V—OFFENCES

* * * * *

18 Aiding etc. offence

A person who aids, abets, counsels or procures the commission of an offence under this Act is guilty of an offence.

Penalty:120 penalty units or imprisonment for twelve months or both.

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.

20 Certificate of Minister shall be evidence

In any proceedings for an offence against this Act a certificate signed by the Minister or any person authorized in writing by the Minister shall be evidence and, in the absence of evidence to the contrary, shall be proof of the facts stated in it.

S. 17repealed by No. 36/1996 s. 18(a).

S. 18 amended by No. 36/1996 s. 18(b).

s. 18



28

21 Document under this Act shall be evidence

The production of a document which purports to be a copy of any document under this Act shall be evidence and, in the absence of evidence to the contrary, shall be proof of the existence of the document and of any fact contained in it.

—————————

s. 21


29

PART VI—REGULATIONS

22 Regulations

(1) The Governor in Council may make regulations for or with respect to—

(a) the forms of applications, notices, reports, licences, permits, certificates and other forms which may be necessary for the purposes of this Act;

(b) matters relating to keeping a list of persons who may act as timekeepers;

(c) matters relating to the conduct of promotions;

(d) the conduct and recording of medical examinations and medical treatment and the transmission of medical certificates and information relating to such certificates;

(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;

s. 22

S. 22(1)(b) amended by No. 23/1994 s. 118(Sch. 1 Item 44.3), repealed by No. 36/1996 s. 19(a), new s. 22(1)(b) inserted by No. 11/2008 s. 23(1).

S. 22(1)(c) repealed by No. 36/1996 s. 19(a), new s. 22(1)(c) inserted by No. 11/2008 s. 23(1).

S. 22(1)(d) amended by No. 11/2008 s. 23(2).

S. 22(1)(e) repealed by No. 36/1996 s. 19(a), new s. 22(1)(e) inserted by No. 11/2008 s. 23(3).


30

(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;

(i) regulating the use, standards, facilities and inspection of gymnasiums;

(j) regulating the contractual relationships between trainers, promoters and professional contestants;

(k) the reporting of registered professional contestants as unfit or lacking the required professional skills to compete in professional contests;

(l) fees for licences, permits and registrations;

(m) prescribing information to be included in applications;

(n) the pre-requisites for permits, registrations and licences;

* * * * *

S. 22(1)(f) repealed by No. 36/1996 s. 19(a), new s. 22(1)(f) inserted by No. 11/2008 s. 23(3).

S. 22(1)(g) repealed by No. 36/1996 s. 19(a), new s. 22(1)(g) inserted by No. 11/2008 s. 23(3).

S. 22(1)(h) repealed by No. 36/1996 s. 19(a), new s. 22(1)(h) inserted by No. 11/2008 s. 23(3).

s. 22

S. 22(1)(j) substituted by No. 36/1996 s. 19(b).

S. 22(1)(k) amended by Nos 36/1996 s. 19(c), 11/2008 s. 23(4).

S. 22(1)(n) amended by No. 11/2008 s. 23(5).

S. 22(1)(o) repealed by No. 36/1996 s. 19(a).


31

(p) appeals to the Minister under section 15(8); or

(q) any matter or thing which by this Act is authorized or required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to the provisions of this Act.

(2) Any regulation under subsection (1) may be general or may be restricted in operation as to time, place, persons or circumstances.

(3) Regulations made under this Act may impose a penalty not exceeding 20 penalty units for any contravention of any provision of the regulations.

__________________

s. 22


32

PART VII—RULES

23 Board may make rules

The Board may make rules for the proper conduct of professional contests.

_______________

Pt 7 (Heading and s. 23) substituted by No. 36/1996 s. 20.

S. 23 substituted by Nos 36/1996 s. 20, 11/2008 s. 24.

s. 23


33

PART VIII—TRANSITIONAL AND SAVINGS PROVISIONS

Division 1—Provisions for Professional Boxing and Martial Arts (Amendment) Act 2001

24 Change to references to Act name

Any reference to the Professional Boxing and Martial Arts Act 1985 in any Act, subordinate instrument, agreement or other document is to be read as a reference to the Professional Boxing and Combat Sports Act 1985, unless the contrary intention appears.

25 Effect of change to Board's name

For all relevant legal purposes, the Board is to be taken to be the same body as it was immediately before its name was changed by section 7(c) of the Professional Boxing and Martial Arts (Amendment) Act 2001, and no matter or thing is to be affected because of that change.

26 Single registrations become dual registrations

(1) This section applies if, immediately before the Professional Boxing and Martial Arts (Amendment) Act 2001 came into operation, a person was registered under this Act to compete in professional boxing contests or in professional martial art contests.

(2) The registration of the person is to be treated as if it was a registration for the person to compete in professional contests.

Pt 8 (Heading and ss 24–28) inserted by No. 15/2001 s. 11.

Pt 8 Div. 1 (Heading) inserted by No. 11/2008 s. 25.

S. 24inserted by No. 15/2001 s. 11.

s. 24




34

27 Former martial art becomes a combat sport

(1) Kyokushin Karate is to be treated as if it had been determined by the Minister to be a combat sport for the purposes of this Act under paragraph (b) of the definition of combat sport.

(2) The Minister may, by notice published in the Government Gazette, withdraw the determination that Kyokushin Karate is a combat sport for the purposes of this Act.

28 Recognition of former named associations

The Victorian Amateur Boxing Association and Amateur Boxing Australia are to be treated as if they had been recognised as amateur boxing associations by the Minister under section 5A(1)(a).

Division 2—Provisions for Professional Boxing and Combat Sports Amendment Act 2008

29 Definition

In this Division—

amending Act means the Professional Boxing and Combat Sports Amendment Act 2008.

30 Existing 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



s. 27

Pt 8 Div. 2 (Heading and ss 29–33) inserted by No. 11/2008 s. 26.

S. 29 inserted by No. 11/2008 s. 26.

S. 30 inserted by No. 11/2008 s. 26.


35

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

s. 30


36

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.

31 Timekeepers

(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.

S. 31 inserted by No. 11/2008 s. 26.

s. 31


37

32 Existing 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.

33 Existing 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.

═══════════════

S. 32 inserted by No. 11/2008 s. 26.

s. 32

S. 33 inserted by No. 11/2008 s. 26.


38

ENDNOTES

1. General InformationThe Professional Boxing and Martial Arts Act 1985 was assented to on 12 June 1985 and came into operation as follows:

Sections 1–5, 14, 22 on 23 October 1985: Government Gazette 23 October 1985 page 4120; sections 6–13, 15–21, 23 on 13 May 1986: Government Gazette 13 May 1986 page 1371.

The name of this Act was changed from the Professional Boxing Control Act 1985 to the Professional Boxing and Martial Arts Act 1985 by section 3 of the Professional Boxing and Martial Arts Act 1996, No. 36/1996.

The name of this Act was changed from the Professional Boxing and Martial Arts Act 1985 to the Professional Boxing and Combat Sports Act 1985 by section 3 of the Professional Boxing and Martial Arts (Amendment) Act 2001, No. 15/2001.

Endnotes


39

2. Table of AmendmentsThis Version incorporates amendments made to the Professional Boxing and Combat Sports Act 1985 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Medical Practice Act 1994, No. 23/1994Assent Date: 17.5.94Commencement Date: S. 118(Sch. 1 items 44.1–44.3) on 1.7.94: Government

Gazette 23.6.94 p. 1672Current State: This information relates only to the provision/s

amending the Professional Boxing and Combat Sports Act 1985

Professional Boxing and Martial Arts Act 1996, No. 36/1996Assent Date: 6.11.96Commencement Date: Ss 1, 2 on 6.11.96: s. 2(1); ss 12, 16 on 27.3.97:

Government Gazette 27.3.97 p. 665; rest of Act on 1.7.97: Government Gazette 26.6.97 p. 1433

Current State: This information relates only to the provision/s amending the Professional Boxing and Combat Sports Act 1985

Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998Assent Date: 26.5.98Commencement Date: S. 7(Sch. 1) on 1.7.98: s. 2(2)Current State: This information relates only to the provision/s


Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998

Assent Date: 2.6.98Commencement Date: S. 311(Sch. 1 item 77) on 1.7.98: Government Gazette

18.6.98 p. 1512Current State: This information relates only to the provision/s


Statute Law Revision Act 2000, No. 74/2000Assent Date: 21.11.00Commencement Date: S. 3(Sch. 1 item 103) on 22.11.00: s. 2(1)Current State: This information relates only to the provision/s


Professional Boxing and Martial Arts (Amendment) Act 2001, No. 15/2001Assent Date: 22.5.01Commencement Date: 23.5.01: s. 2Current State: All of Act in operation

Endnotes


40

Health Professions Registration Act 2005, No. 97/2005Assent Date: 7.12.05Commencement Date: S. 182(Sch. 4 item 41) on 1.7.07: s. 2(3)Current State: This information relates only to the provision/s


Statute Law Revision Act 2007, No. 28/2007Assent Date: 26.6.07Commencement Date: S. 3(Sch. item 54) on 27.6.07: s. 2(1)Current State: This information relates only to the provision/s


Professional Boxing and Combat Sports Amendment Act 2008, No. 11/2008Assent Date: 18.3.08Commencement Date: 1.7.08: s. 2(2)Current State: All of Act in operation

Statute Law Amendment (National Health Practitioner Regulation) Act 2010, No. 13/2010

Assent Date: 30.3.10Commencement Date: S. 51(Sch. item 43) on 1.7.10: s. 2(2)Current State: This information relates only to the provision/s


–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Endnotes


41

3. Explanatory Details

Endnotes


42

1 S. 1: Section 3(2) of the Professional Boxing and Martial Arts Act 1996, No. 36/1996 reads as follows:2 3 Change of name of Act

(2) Any reference to the Professional Boxing Control Act 1985 in any Act, subordinate instrument, agreement or other document is to be read as a reference to the Professional Boxing and Martial Arts Act 1985, unless the contrary intention appears.

S. 9: Section 24 of the Professional Boxing and Martial Arts Act 1996, No. 36/1996 reads as follows:3 24 Transitional provision concerning existing licences etc.

(1) Any licence, permit or registration under the Professional Boxing Control Act 1985 in force immediately before this section comes into operation expires on the date it would have expired had section 9 or 11 not come into operation.

(2) Any licence, permit or registration under the Martial Arts Control Act 1986 in force immediately before this section comes into operation is to be treated as if it had been issued or granted under the Professional Boxing and Martial Arts Act 1985, except that the licence, permit or registration expires on the date it would have expired had section 9 or 11 not come into operation.

(3) For the purposes of subsection (2), a martial art instructor's licence is to be treated as if it had been issued as a trainer's licence under the Professional Boxing and Martial Arts Act 1985.

S. 10: See note 2.

Documents

Professional Boxing and Combat Sports Act 1985FILE/85-10183a026.docx · Web viewDivision 1—Provisions for Professional Boxing and Martial Arts (Amendment) Act 200134