Professional Boxing and Combat Sports Amendment Act 2013

Authorised by the Chief Parliamentary Counsel Authorised Version i Professional Boxing and Combat Sports Amendment Act 2013 No. 65 of 2013 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1 Purposes 1 2 Commencement 2 3 Principal Act 2 PART 2—AMENDMENT OF PROFESSIONAL BOXING AND COMBAT SPORTS ACT 1985 3 4 Purpose provision substituted 3 3 Purpose 3 5 Definitions 3 6 Section 6 substituted and new sections 6A, 6B, 6C and 6D inserted 5 6 Board may license persons involved in professional contests 5 6A Licence applications to be forwarded to Chief Commissioner 7 6B Board may request further information in support of application for a licence 9 6C Board to give reasons for not issuing a licence 11 6D Ban on re-applying for issue or renewal of licence 11 7 Promoters, trainers, match-makers, referees, judges and timekeepers must hold a licence 12 8 Licences and permits 12 9 New sections 9AA, 9AB, 9AC and 9AD inserted 12 9AA Licence of person must be cancelled if person is a prohibited person 12 9AB Inquiry may be held to determine whether licensee continues to meet probity requirements 13 9AC Decision of Board following inquiry under section 9AB 15 9AD Ban on re-applying for issue of licence following cancellation 17 10 Other circumstances that may result in variation, suspension or cancellation of licence or permit 17 -- 1 of 38 -- Section Page ii Authorised by the Chief Parliamentary Counsel 11 Duties of Promoter 17 12 Division 4A of Part II repealed 18 13 Delegation 19 14 New section 14E inserted 19 14E Disclosure of information 19 15 New Division 6 inserted in Part II 20 Division 6—Disclosure of information by Chief Commissioner 20 14F Disclosure of information by Chief Commissioner 20 16 Heading to Part III substituted 20 17 Minister may delegate 20 18 New section 15A inserted 21 15A Delegation by Chief Commissioner 21 19 New section 16AA inserted 21 16AA Definition 21 20 Review by VCAT 21 21 New sections 17 to 17F inserted 22 17 VCAT must ask the Board about protected information on receiving certain applications for review 22 17A Appointment of special counsel if review involves protected information 23 17B Hearing where protected information involved 24 17C Decision where protected information is involved 26 17D Board may change its decision 28 17E Chief Commissioner may request Board to reconsider decision without protected information 28 17F General provisions for hearing matters involving protected information 29 22 Regulations 30 23 New Division 3 inserted in Part VIII 31 Division 3—Provisions for Professional Boxing and Combat Sports Amendment Act 2013 31 34 Definitions 31 35 List of persons who may act as timekeepers 31 36 Pending licence applications 32 37 Appeal to the Minister 32 PART 3—AMENDMENT OF OTHER ACTS 33 24 Amendment of Casino Control Act 1991 33 25 Amendment of Racing Act 1958 33 35DA Advice to Professional Boxing and Combat Sports Board 33 -- 2 of 38 -- Section Page iii Authorised by the Chief Parliamentary Counsel PART 4—REPEAL OF AMENDING ACT 34 26 Repeal of amending Act 34 ═══════════════ ENDNOTES 35 -- 3 of 38 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Professional Boxing and Combat Sports Amendment Act 2013 † No. 65 of 2013 [Assented to 6 November 2013] The Parliament of Victoria enacts: PART 1—PRELIMINARY 1 Purposes The main purposes of this Act are— (a) to amend the Professional Boxing and Combat Sports Act 1985— (i) to require that certain specified requirements be met by a person before a licence can be issued to, or renewed by, the person under that Act; and Victoria -- 4 of 38 -- Part 1—Preliminary Professional Boxing and Combat Sports Amendment Act 2013 No. 65 of 2013 2 Authorised by the Chief Parliamentary Counsel (ii) to provide for the cancellation or suspension of a licence under that Act if certain specified requirements are not met by a licence holder; and (iii) to require a person acting as a timekeeper to be licensed; and (iv) to enable the Chief Commissioner of Police to provide advice to the Professional Boxing and Combat Sports Board in respect of a person applying for, or holding, a licence under that Act; and (v) to make consequential and other amendments; and (b) to make consequential amendments to the Casino Control Act 1991 and the Racing Act 1958. 2 Commencement This Act comes into operation on the day after the day on which it receives the Royal Assent. 3 Principal Act In this Act, the Professional Boxing and Combat Sports Act 1985 is called the Principal Act. __________________ s. 2 See: Act No. 10183. Reprint No. 2 as at 20 September 2001 and amending Act Nos 97/2005, 28/2007, 11/2008 and 13/2010. LawToday: www. legislation. vic.gov.au -- 5 of 38 -- Part 2—Amendment of Professional Boxing and Combat Sports Act 1985 Professional Boxing and Combat Sports Amendment Act 2013 No. 65 of 2013 3 Authorised by the Chief Parliamentary Counsel PART 2—AMENDMENT OF PROFESSIONAL BOXING AND COMBAT SPORTS ACT 1985 4 Purpose provision substituted For section 3 of the Principal Act substitute— "3 Purpose The purpose of this Act is— (a) to control professional boxing and professional combat sports; and (b) to reduce the risk of malpractice; and (c) to promote safety; and (d) to uphold industry integrity by ensuring that— (i) a licence holder is a fit and proper person to hold a licence; and (ii) it is not contrary to the public interest for a person to hold a licence.". 5 Definitions (1) Insert the following definitions in section 5 of the Principal Act— "Chief Commissioner means the Chief Commissioner of Police appointed under the Police Regulation Act 1958; prohibited person means a person— (a) who has been convicted of an indictable offence for which the person is sentenced to a term of imprisonment of 10 years or more; or (b) in respect of whom a control order applies and is in effect under Division 2 of Part 3 of the Criminal Organisations Control Act 2012; or s. 4 -- 6 of 38 -- Part 2—Amendment of Professional Boxing and Combat Sports Act 1985 Professional Boxing and Combat Sports Amendment Act 2013 No. 65 of 2013 4 Authorised by the Chief Parliamentary Counsel (c) who is a member of an organisation in respect of which a control order applies and that is in effect under Division 2 of Part 3 of the Criminal Organisations Control Act 2012; or (d) who is subject to an exclusion order under section 74 of the Casino Control Act 1991; or (e) who is subject to an exclusion order under section 33 of the Racing Act 1958; or (f) who has been convicted of an offence and given a sentence of a kind corresponding to that specified in paragraph (a) in another State or a Territory; or (g) who is subject to an order in another State or Territory corresponding to an order specified in paragraph (b), (c), (d) or (e); protected information means any intelligence information, document or thing the production or inspection of which— (a) is likely to— (i) reveal the identity of the member of the police force who provided information on the basis of which a decision of the Board not to issue or renew a licence, or to cancel a licence was made, or put that member's safety at risk; or (ii) reveal the identity of a person who has provided a member of the police force with information on the basis of which a decision of the Board not to issue or renew a s. 5 -- 7 of 38 -- Part 2—Amendment of Professional Boxing and Combat Sports Act 1985 Professional Boxing and Combat Sports Amendment Act 2013 No. 65 of 2013 5 Authorised by the Chief Parliamentary Counsel licence, or to cancel a licence was made, or put that person's safety at risk; or (iii) reveal the identity of a person whose name appears in any evidence given or information provided to a member of the police force relating to an investigation, or put that person's safety at risk; or (iv) reveal the identity of a person who is or has been the subject of an investigation by a member of the police force, or put that person's safety at risk; or (b) places at risk an ongoing investigation by a member of the police force; or (c) risks the disclosure of any investigative method used by members of the police force; or (d) is otherwise not in the public interest;". (2) In section 5 of the Principal Act, for the definition of Department substitute— "Department means the Department of Transport, Planning and Local Infrastructure;". 6 Section 6 substituted and new sections 6A, 6B, 6C and 6D inserted For section 6 of the Principal Act substitute— "6 Board may license persons involved in professional contests (1) Any adult may apply to the Board for a licence or for the renewal of a licence to act as a promoter, trainer, match-maker, referee, judge or timekeeper. s. 6 -- 8 of 38 -- Part 2—Amendment of Professional Boxing and Combat Sports Act 1985 Professional Boxing and Combat Sports Amendment Act 2013 No. 65 of 2013 6 Authorised by the Chief Parliamentary Counsel (2) An application must— (a) be in the relevant prescribed form; and (b) be accompanied by— (i) the prescribed fee (if any); and (ii) a prescribed certificate or other prescribed document specifying any criminal history of the applicant; and (iii) any other prescribed documents; and (c) specify— (i) the nature and extent of the applicant's experience; and (ii) any other prescribed information. (3) Subject to subsections (5) and (6), the Board may issue a licence to act as a promoter, trainer, match-maker, referee, judge or timekeeper to an applicant if the Board is satisfied that— (a) the applicant is a fit and proper person to hold a licence; and (b) it is not contrary to the public interest to issue the licence; and (c) any prescribed prerequisites for the issue of a licence have been met by the applicant. (4) Subject to subsections (5) and (6), the Board may renew the licence of any promoter, trainer, match-maker, referee, judge or timekeeper if the Board is satisfied that— (a) the applicant is a fit and proper person to hold a licence; and s. 6 -- 9 of 38 -- Part 2—Amendment of Professional Boxing and Combat Sports Act 1985 Professional Boxing and Combat Sports Amendment Act 2013 No. 65 of 2013 7 Authorised by the Chief Parliamentary Counsel (b) it is not contrary to the public interest to renew the licence; and (c) any prescribed prerequisites for the renewal of a licence have been met by the applicant. (5) The Board must not issue a licence to act as a promoter, trainer, match-maker, referee, judge or timekeeper, or renew the licence of any promoter, trainer, match-maker, referee, judge or timekeeper if the Board becomes aware or is advised under section 6A(3)(a) that the applicant is a prohibited person. (6) In making a decision under subsection (3) or (4), the Board must— (a) give special consideration to any advice received under section 6A(3)(b) or (c); and (b) have regard to any other information available to the Board that may be relevant to an application made under this section; and (c) consider any prescribed matters for the purposes of determining whether— (i) a person is a fit and proper person; and (ii) it would be contrary to the public interest to issue or renew the licence. 6A Licence applications to be forwarded to Chief Commissioner (1) On receiving an application under section 6, the Board must give a copy of that application to the Chief Commissioner. s. 6 -- 10 of 38 -- Part 2—Amendment of Professional Boxing and Combat Sports Act 1985 Professional Boxing and Combat Sports Amendment Act 2013 No. 65 of 2013 8 Authorised by the Chief Parliamentary Counsel (2) Within 28 days of receiving a copy of an application under subsection (1), the Chief Commissioner must give to the Board a written response in accordance with subsection (3). (3) The Chief Commissioner must advise the Board (as appropriate)— (a) if the person who made the application is a prohibited person and specify the circumstances that make the person a prohibited person; or (b) if the Chief Commissioner is of the view that the person who made the application is not a fit and proper person for the purposes of issuing a licence under section 6 and give reasons for that view; or (c) if the Chief Commissioner is of the view that it would not be in the public interest to issue a licence to the person who made the application under section 6 and give reasons for that view; or (d) if the Chief Commissioner has not identified any information that should be considered by the Board before the Board makes a decision under section 6; or (e) if the Chief Commissioner will not be giving the Board any information in relation to the application. (4) The Chief Commissioner may rely on any information, including protected information, he or she considers relevant for the purposes of providing advice to the Board under this section. s. 6 -- 11 of 38 -- Part 2—Amendment of Professional Boxing and Combat Sports Act 1985 Professional Boxing and Combat Sports Amendment Act 2013 No. 65 of 2013 9 Authorised by the Chief Parliamentary Counsel (5) For the purposes of giving reasons for his or her advice under subsection (3)(b) or (c), the Chief Commissioner may decide, if the advice is wholly or partly based on protected information— (a) to include the protected information in his or her written response given to the Board and specify in that response which information is protected information; or (b) not to include the protected information in the written response given to the Board and specify in that response that— (i) some or all of the Chief Commissioner's advice is based on protected information; and (ii) to the extent that the advice is based on protected information, reasons will not be given to the Board. 6B Board may request further information in support of application for a licence (1) Before making a decision under section 6(3) or (4), the Board may request an applicant to provide further information for the purposes of assisting the Board to determine whether, for the purposes of issuing or renewing a licence under section 6— (a) the applicant is a fit and proper person; and (b) it would be contrary to the public interest to issue or renew the licence. s. 6 -- 12 of 38 -- Part 2—Amendment of Professional Boxing and Combat Sports Act 1985 Professional Boxing and Combat Sports Amendment Act 2013 No. 65 of 2013 10 Authorised by the Chief Parliamentary Counsel (2) A request under subsection (1) must— (a) be in writing; and (b) specify— (i) that further information is sought by the Board for the purposes of assisting the Board to determine the application made under section 6; and (ii) the type of further information sought by the Board; and (iii) that the information may be used to assist the Board in determining whether— (A) the applicant is a fit and proper person to hold a licence; and (B) it is not contrary to the public interest to issue or renew the licence; and (iv) that the applicant must give the Board the requested information within 28 days of receipt of the request by the applicant or other period as specified in the request. (3) If information requested under subsection (1) is not given to the Board within the period specified under subsection (2)(b)(iv), the application made under section 6 expires. (4) If the application of a person expires under subsection (3), the applicant may make a fresh application for the licence or renewal of the licence under section 6 at any time after that expiration. s. 6 -- 13 of 38 -- Part 2—Amendment of Professional Boxing and Combat Sports Act 1985 Professional Boxing and Combat Sports Amendment Act 2013 No. 65 of 2013 11 Authorised by the Chief Parliamentary Counsel 6C Board to give reasons for not issuing a licence (1) If the Board decides not to issue or renew a licence to a person under section 6, the Board must, as soon as practicable, give written notice to the person— (a) of the decision of the Board; and (b) subject to subsection (2), the reasons for that decision. (2) The Board must, in giving reasons to a person under subsection (1)— (a) not disclose any protected information; and (b) if the Board's reasons are partially or wholly based on protected information, specify in the written notice given under subsection (1) that some or all of the Board's reasons are based on advice from the Chief Commissioner. 6D Ban on re-applying for issue or renewal of licence (1) A person must not apply for the issue or renewal of a licence for a period of 12 months, or such further period as is determined by the Board, if the Board has refused to issue or renew the licence because the Board— (a) is not satisfied that the person is a fit and proper person to hold a licence; or (b) is satisfied that it is contrary to the public interest to issue or renew the licence. s. 6 -- 14 of 38 -- Part 2—Amendment of Professional Boxing and Combat Sports Act 1985 Professional Boxing and Combat Sports Amendment Act 2013 No. 65 of 2013 12 Authorised by the Chief Parliamentary Counsel (2) If the Board has refused to issue or renew a licence to a person because the person is a prohibited person the person must not apply for the issue or renewal of a licence until the person ceases to be a prohibited person.". 7 Promoters, trainers, match-makers, referees, judges and timekeepers must hold a licence (1) Insert the following heading to section 8 of the Principal Act— "Promoters, trainers, match-makers, referees, judges and timekeepers must hold a licence". (2) In section 8(1) of the Principal Act, for "or judge" substitute ", judge or timekeeper". (3) In section 8(2)(c) of the Principal Act, for "or judge" substitute ", judge or timekeeper". 8 Licences and permits Section 9(2A) of the Principal Act is repealed. 9 New sections 9AA, 9AB, 9AC and 9AD inserted After section 9 of the Principal Act insert— "9AA Licence of person must be cancelled if person is a prohibited person (1) The Board must immediately cancel any licence issued or renewed under section 6 if the Board becomes aware that the holder of the licence is a prohibited person. (2) If the Board cancels a licence under subsection (1), the Board must give the person who held the licence written advice of the cancellation as soon as practicable after that cancellation. (3) Sections 9AB, 9AC and 9A do not apply to a prohibited person. s. 7 -- 15 of 38 -- Part 2—Amendment of Professional Boxing and Combat Sports Act 1985 Professional Boxing and Combat Sports Amendment Act 2013 No. 65 of 2013 13 Authorised by the Chief Parliamentary Counsel 9AB Inquiry may be held to determine whether licensee continues to meet probity requirements (1) The Board may hold an inquiry for the purposes of determining the continued suitability of a person to hold a licence issued under section 6 if— (a) the Chief Commissioner advises the Board that the Chief Commissioner is of the view that— (i) the person is not a fit and proper person to hold a licence; or (ii) it is no longer in the public interest for the person to hold a licence; or (b) the Board has reasonable grounds to believe that— (i) the person is not a fit and proper person to hold a licence; or (ii) it is no longer in the public interest for the person to hold a licence. (2) In giving advice under subsection (1)(a)— (a) the Chief Commissioner may rely on any information, including protected information, he or she considers relevant; and (b) if the Chief Commissioner's view is wholly or partly based on protected information, the Chief Commissioner may— (i) advise the Board that because his or her view is wholly or partly based on protected information, s. 9 -- 16 of 38 -- Part 2—Amendment of Professional Boxing and Combat Sports Act 1985 Professional Boxing and Combat Sports Amendment Act 2013 No. 65 of 2013 14 Authorised by the Chief Parliamentary Counsel the Chief Commissioner will not give the Board reasons for his or her view to the extent that those reasons are based on that information; or (ii) give the Board the protected information as part of his or her reasons for the advice and specify which information is protected information. (3) If the Board decides to hold an inquiry under subsection (1), the Board may suspend the licence of the person in respect of whom the inquiry is being held until the conclusion of the inquiry. (4) Before conducting an inquiry under subsection (1), the Board must give the holder of the licence written notice specifying— (a) that an inquiry is to be held to determine the person's suitability to hold a licence because the Board has received advice or has reasonable grounds to believe that the person is not a fit and proper person to hold a licence or it is no longer in the public interest for the person to hold a licence (as the case may be); and (b) the date and time of the inquiry and the venue at which the inquiry will be held; and (c) if the person's licence has been suspended under subsection (3), that the person's licence has been suspended and that it will remain suspended until the inquiry is completed; and s. 9 -- 17 of 38 -- Part 2—Amendment of Professional Boxing and Combat Sports Act 1985 Professional Boxing and Combat Sports Amendment Act 2013 No. 65 of 2013 15 Authorised by the Chief Parliamentary Counsel (d) that the person may make an oral or written submission to the Board in relation to his or her suitability to hold a licence at the inquiry. (5) For the purposes of conducting an inquiry under this section the Board must be constituted by more than half of its current members. (6) In conducting an inquiry under this section, the Board— (a) may consider all relevant information it has been given; and (b) may receive written or oral submissions from the person in respect of whom the inquiry is being held and any other person who has information relevant to the inquiry; and (c) is bound by the rules of natural justice; and (d) may otherwise regulate its own procedure. 9AC Decision of Board following inquiry under section 9AB (1) At the conclusion of an inquiry under section 9AB, the Board may decide to— (a) vary the conditions on the licence, or add new conditions to the licence; or (b) suspend the licence for any period the Board considers appropriate; or (c) cancel the licence; or (d) continue to allow the person to hold the licence on the same terms and subject to any conditions on which the licence s. 9 -- 18 of 38 -- Part 2—Amendment of Professional Boxing and Combat Sports Act 1985 Professional Boxing and Combat Sports Amendment Act 2013 No. 65 of 2013 16 Authorised by the Chief Parliamentary Counsel was held before the person received notice of the inquiry. (2) The Board must advise the holder of the licence, orally or in writing, if under subsection (1)— (a) the Board varies, or adds to, the conditions of a licence; or (b) the Board suspends or cancels a licence. (3) If the Board gives the holder of a licence oral notice under subsection (2), the Board must, as soon as is practicable, give written notice of— (a) the variation of, or addition to, the conditions of the licence; or (b) the suspension or cancellation of the licence. (4) Subject to subsection (5), the written notice must specify the reasons for— (a) the variation of, or addition to, the conditions of a licence; or (b) the suspension or cancellation of a licence. (5) The Board must, in giving reasons to a person in a written notice under subsection (4)— (a) not disclose any protected information; and (b) if the Board's reasons are partially or wholly based on protected information, specify that some or all of the Board's reasons are based on advice from the Chief Commissioner. s. 9 -- 19 of 38 -- Part 2—Amendment of Professional Boxing and Combat Sports Act 1985 Professional Boxing and Combat Sports Amendment Act 2013 No. 65 of 2013 17 Authorised by the Chief Parliamentary Counsel 9AD Ban on re-applying for issue of licence following cancellation (1) A person must not apply for the issue of a new licence for a period of 12 months, or such further period as is determined by the Board, if the Board has cancelled the licence of the person because the Board— (a) is not satisfied that the person is a fit and proper person to hold the licence; or (b) is satisfied that it is contrary to the public interest for the person to hold the licence. (2) If the Board has cancelled a licence of a person because the person is a prohibited person the person cannot apply for the issue of a new licence until the person ceases to be a prohibited person.". 10 Other circumstances that may result in variation, suspension or cancellation of licence or permit In the heading to section 9A of the Principal Act, for "Variation" substitute "Other circumstances that may result in variation". 11 Duties of Promoter (1) In section 13(1) of the Principal Act— (a) in paragraph (a), after "contestants;" insert "and"; (b) in paragraph (b), after "licence;" insert "and"; (c) in paragraph (d), for "attendance." substitute "attendance; and"; s. 10 -- 20 of 38 -- Part 2—Amendment of Professional Boxing and Combat Sports Act 1985 Professional Boxing and Combat Sports Amendment Act 2013 No. 65 of 2013 18 Authorised by the Chief Parliamentary Counsel (d) after paragraph (d) insert— "(e) inquiries are made of any prospective employee of the promoter for the purposes of establishing if the prospective employee has ever been denied a licence or had a licence cancelled under this Act; and (f) inquiries are made of any person the promoter intends to enter into a business arrangement or business relationship relating to that professional contest for the purposes of establishing if the person has ever been denied a licence or had a licence cancelled under this Act.". (2) After section 13(1) of the Principal Act insert— "(1A) A promoter must not, in respect of every professional contest that he or she promotes— (a) knowingly employ a person who has been denied a licence or had a licence cancelled under this Act; or (b) knowingly enter into a business arrangement or business relationship with any person relating to the professional contest if that person has been denied a licence or had a licence cancelled under this Act.". 12 Division 4A of Part II repealed Division 4A of Part II of the Principal Act is repealed. s. 12 -- 21 of 38 -- Part 2—Amendment of Professional Boxing and Combat Sports Act 1985 Professional Boxing and Combat Sports Amendment Act 2013 No. 65 of 2013 19 Authorised by the Chief Parliamentary Counsel 13 Delegation (1) For section 14C(1) of the Principal Act substitute— "(1) The Board may, by a written instrument, delegate— (a) to a member of the Board any of the Board's powers, duties or functions other than— (i) a function under section 9AB or 9AC; and (ii) this power of delegation; (b) to an employee of the Department the power to determine applications for registration (or renewal of registration) as a professional contestant under section 10A.". (2) In section 14C(2)(b) of the Principal Act, for "or judge" substitute ", judge or timekeeper". (3) For section 14C(3) of the Principal Act substitute— "(3) For the purposes of subsection (1)(b), 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.". 14 New section 14E inserted After section 14D of the Principal Act insert— "14E Disclosure of information A member of the Board or an employee of the Department assisting the Board in performing its functions or exercising its s. 13 -- 22 of 38 -- Part 2—Amendment of Professional Boxing and Combat Sports Act 1985 Professional Boxing and Combat Sports Amendment Act 2013 No. 65 of 2013 20 Authorised by the Chief Parliamentary Counsel powers, must not disclose to any person any information he or she has received in the performance of functions or exercise of powers under sections 6 to 6D and 9AA to 9AD unless the disclosure is in accordance with and for the purposes of this Act. Penalty: 30 penalty units.". 15 New Division 6 inserted in Part II After Division 5 of Part II of the Principal Act insert— "Division 6—Disclosure of information by Chief Commissioner 14F Disclosure of information by Chief Commissioner The Chief Commissioner may disclose to the Board or any employee of the Department assisting the Board to perform its functions or exercise its powers any information he or she holds that is relevant to the suitability of a person to hold a licence under this Part.". 16 Heading to Part III substituted For the heading to Part III of the Principal Act substitute— "PART III—DELEGATIONS". 17 Minister may delegate (1) Section 15(8)(a) and (b) of the Principal Act are repealed. (2) In section 15(8)(e) and (f) of the Principal Act omit "licence or". s. 15 -- 23 of 38 -- Part 2—Amendment of Professional Boxing and Combat Sports Act 1985 Professional Boxing and Combat Sports Amendment Act 2013 No. 65 of 2013 21 Authorised by the Chief Parliamentary Counsel 18 New section 15A inserted After section 15 of the Principal Act insert— "15A Delegation by Chief Commissioner The Chief Commissioner may by a written instrument delegate to a member of the force, of or above the rank of inspector, any power, duty or function of the Chief Commissioner under this Act other than this power of delegation.". 19 New section 16AA inserted Before section 16 of the Principal Act insert— "16AA Definition In this Part— probity requirements mean the following requirements to be met by a person for that person to hold a licence— (a) that the person is a fit and proper person to hold a licence; (b) that it is not contrary to the public interest for the person to hold a licence.". 20 Review by VCAT (1) Insert the following heading to section 16 of the Principal Act— "Review by VCAT". (2) In section 16(1) of the Principal Act— (a) omit "of the Minister under section 15(8) in relation to a promoter's licence or a decision"; s. 18 -- 24 of 38 -- Part 2—Amendment of Professional Boxing and Combat Sports Act 1985 Professional Boxing and Combat Sports Amendment Act 2013 No. 65 of 2013 22 Authorised by the Chief Parliamentary Counsel (b) after paragraph (d) insert— "(da) banning a person from re-applying for the issue or renewal of a licence for a period greater than 12 months; or"; (c) for "Victorian Civil and Administrative Tribunal" substitute "VCAT". (3) After section 16(2) of the Principal Act insert— "(3) Subsection (1) does not apply to a person whose interests are affected by a decision of the Board as specified in that subsection if the person is a prohibited person.". 21 New sections 17 to 17F inserted After section 16 of the Principal Act insert— "17 VCAT must ask the Board about protected information on receiving certain applications for review (1) If VCAT receives an application for review under section 16(1)(a), (b), (c), (d) or (da), VCAT must ask the Board whether the grounds for the decision of the Board that is the subject of review were wholly or partly based on any advice provided by the Chief Commissioner. (2) If, in response to a request under subsection (1), the Board informs VCAT in writing that the decision was wholly or partly based on advice provided by the Chief Commissioner, VCAT must ask the Chief Commissioner if the advice provided to the Board— (a) was based on any protected information; and (b) whether any protected information was given to the Board. s. 21 -- 25 of 38 -- Part 2—Amendment of Professional Boxing and Combat Sports Act 1985 Professional Boxing and Combat Sports Amendment Act 2013 No. 65 of 2013 23 Authorised by the Chief Parliamentary Counsel 17A Appointment of special counsel if review involves protected information (1) If, in response to a request under section 17(2), the Chief Commissioner informs VCAT in writing that the advice was wholly or partly based on protected information and that protected information was given to the Board as part of the Chief Commissioner's advice to the Board, VCAT must appoint a special counsel to represent the interests of the applicant. (2) If, in response to a request under section 17(2), the Chief Commissioner informs VCAT in writing that the advice was wholly or partly based on protected information but that the protected information was not given to the Board as part of the Chief Commissioner's advice to the Board, VCAT must appoint— (a) a special counsel to the Board; and (b) a special counsel to the applicant— to represent the interests of each party. (3) A special counsel must be a barrister within the meaning of the Legal Profession Act 2004 who, in the opinion of VCAT, has the appropriate skills and ability to represent the interests of a party at the hearing. (4) At any time before the special counsel attends the hearing or obtains any confidential affidavit in relation to the application, the special counsel may communicate with the party whose interests he or she is representing, or any representative of that party, for the purpose of obtaining information or instructions from s. 21 -- 26 of 38 -- Part 2—Amendment of Professional Boxing and Combat Sports Act 1985 Professional Boxing and Combat Sports Amendment Act 2013 No. 65 of 2013 24 Authorised by the Chief Parliamentary Counsel the party or representative in relation to the proceeding. (5) Subject to section 17C(3)(b), at any time after the special counsel commences to attend the hearing or obtains any confidential affidavit in relation to the application, the special counsel— (a) must not take instructions from the party whose interests he or she is representing, or from any representative of that party; and (b) must not communicate any other information in relation to the hearing to that party or a representative of that party without leave of VCAT, except to communicate any order made by VCAT at or in relation to the hearing. (6) A special counsel may be required to sign a confidentiality undertaking to VCAT. 17B Hearing where protected information involved (1) If, in response to a request under section 17(2), the Chief Commissioner informs VCAT in writing that the advice provided to the Board, that wholly or partly formed the basis of the Board's decision, was protected information— (a) the Chief Commissioner must be joined as a party to the proceeding; and (b) VCAT must at the hearing of the application first determine whether or not the information is protected information. s. 21 -- 27 of 38 -- Part 2—Amendment of Professional Boxing and Combat Sports Act 1985 Professional Boxing and Combat Sports Amendment Act 2013 No. 65 of 2013 25 Authorised by the Chief Parliamentary Counsel (2) For the purposes of making a determination under subsection (1)(b), VCAT may determine that a hearing or any part of it be held in private. (3) The following provisions apply to a closed session under subsection (2)— (a) if— (i) section 17A(1) applies, only the Chief Commissioner, the Board and the special counsel are entitled to be present; (ii) section 17A(2) applies, only the Chief Commissioner and the special counsels are entitled to be present; (b) each party that is entitled to be present has a right to make submissions as to whether evidence supporting the grounds for the decision in respect of which the application is based amounts to protected information. (4) After hearing the evidence of the Chief Commissioner, special counsel and, if section 17A(1) applies, the Board under subsection (3), VCAT must decide whether or not any of the evidence adduced amounts to protected information. (5) If VCAT decides that none of the evidence adduced under subsection (3) amounts to protected information, VCAT must admit any party to the proceeding that was excluded from the closed session and the provisions of subsection (3) cease to apply to the conduct of the hearing. s. 21 -- 28 of 38 -- Part 2—Amendment of Professional Boxing and Combat Sports Act 1985 Professional Boxing and Combat Sports Amendment Act 2013 No. 65 of 2013 26 Authorised by the Chief Parliamentary Counsel 17C Decision where protected information is involved (1) Without limiting any other power of VCAT conferred by or under this or any other Act, if VCAT decides that any of the evidence adduced under section 17B(3) is protected information, the provisions of that subsection continue to apply to the hearing of the proceeding to the extent that it relates to protected information and each party that is entitled to be present has a right to make submissions as to— (a) the weight that should be given to the evidence supporting the grounds for the decision in respect of which the application is based that amounts to protected information and any other evidence adduced; and (b) the character of the applicant, being evidence indicating whether the applicant meets the probity requirements; and (c) whether, in all the circumstances the licence should be issued, renewed or re- instated or the ban on applying for a licence reduced to 12 months or the condition of the licence determined, varied or revoked (as the case may be). (2) In making a determination in a proceeding to which subsection (1) applies, VCAT must decide— (a) what weight to give the protected information and any other evidence adduced; and s. 21 -- 29 of 38 -- Part 2—Amendment of Professional Boxing and Combat Sports Act 1985 Professional Boxing and Combat Sports Amendment Act 2013 No. 65 of 2013 27 Authorised by the Chief Parliamentary Counsel (b) whether the applicant meets the probity requirements based on the character of the applicant; and (c) whether, in all the circumstances, the licence should be issued, renewed or re- instated or the ban on applying for a licence reduced to 12 months or the condition of the licence determined, varied or revoked (as the case may be). (3) If VCAT decides that any of the evidence adduced under section 17B(3) forms protected information— (a) VCAT must take all steps and precautions to prevent release of that information; and (b) if special counsel wishes to seek further instructions from the party whose interests he or she is representing on one or more occasions in relation to that protected information, the special counsel may do so only by submitting written questions for the approval of VCAT after hearing any submission from the Chief Commissioner on their content. (4) Despite section 117 of the Victorian Civil and Administrative Tribunal Act 1998, any order issued by VCAT in relation to a decision under this section must only state— (a) whether the decision of the Board is upheld or overturned; and (b) if the Board's decision is upheld, that the applicant has failed to meet the probity requirements for holding a licence. s. 21 -- 30 of 38 -- Part 2—Amendment of Professional Boxing and Combat Sports Act 1985 Professional Boxing and Combat Sports Amendment Act 2013 No. 65 of 2013 28 Authorised by the Chief Parliamentary Counsel (5) For the avoidance of doubt, VCAT may publish reasons for its decision to the extent that those reasons do not relate to protected information. 17D Board may change its decision At any time before a final determination has been made by VCAT on a matter to which section 17B or 17C applies— (a) the Board may change the Board's decision and issue, renew or re-instate the licence or reduce the ban on applying for a licence to 12 months or determine that a condition of the licence not be varied or revoked or a new condition determined (as the case may be); and (b) if the Board makes a decision as specified in paragraph (a)— (i) the Board must advise VCAT; and (ii) VCAT may make any orders it thinks fit in the disposition of the proceeding. 17E Chief Commissioner may request Board to reconsider decision without protected information (1) At any time before a final determination has been made by VCAT on a matter to which section 17B or 17C applies, the Chief Commissioner may request the Board to re- consider the application on which the decision that is the subject of review is based without relying on any of the advice of the Chief Commissioner that was based on protected information. s. 21 -- 31 of 38 -- Part 2—Amendment of Professional Boxing and Combat Sports Act 1985 Professional Boxing and Combat Sports Amendment Act 2013 No. 65 of 2013 29 Authorised by the Chief Parliamentary Counsel (2) If the Chief Commissioner makes a request under subsection (1)— (a) the Chief Commissioner must advise VCAT that a request has been made to the Board under subsection (1); and (b) VCAT— (i) must remit the matter for re- consideration by the Board in accordance with the request of the Chief Commissioner under subsection (1); and (ii) may make any orders that VCAT thinks fit in the disposition of the proceeding. 17F General provisions for hearing matters involving protected information (1) For the purposes of a hearing to which section 17B or 17C applies, VCAT must be constituted by a presidential member. (2) The following provisions do not apply to a proceeding for so long as section 17B or 17C applies— (a) Subdivision 1 of Division 3 of Part 3 and section 49 of the Victorian Civil and Administrative Tribunal Act 1998; (b) section 8 of the Administrative Law Act 1978. (3) For the avoidance of doubt, subsection (2) does not apply to any extent that the proceedings do not involve protected information.". s. 21 -- 32 of 38 -- Part 2—Amendment of Professional Boxing and Combat Sports Act 1985 Professional Boxing and Combat Sports Amendment Act 2013 No. 65 of 2013 30 Authorised by the Chief Parliamentary Counsel 22 Regulations (1) For section 22(1)(b) of the Principal Act substitute— "(b) the certificates or documents to accompany an application;". (2) After section 22(1)(n) of the Principal Act insert— "(o) prescribing matters relevant to the consideration of whether— (i) a person is a fit and proper person to hold a licence; (ii) it is contrary to the public interest for a person to hold a licence;". (3) For section 22(2) of the Principal Act substitute— "(2) The regulations may— (a) be of general or limited application; and (b) differ according to differences in time, place or circumstances; and (c) provide in a specified case or class of case for the exemption of persons or things or class of persons or things from any of the provisions of the regulations, whether unconditionally or on specified conditions and either wholly or to such an extent as is specified.". s. 22 -- 33 of 38 -- Part 2—Amendment of Professional Boxing and Combat Sports Act 1985 Professional Boxing and Combat Sports Amendment Act 2013 No. 65 of 2013 31 Authorised by the Chief Parliamentary Counsel 23 New Division 3 inserted in Part VIII After Division 2 of Part VIII of the Principal Act insert— "Division 3—Provisions for Professional Boxing and Combat Sports Amendment Act 2013 34 Definitions In this Division— Amending Act means the Professional Boxing and Combat Sports Amendment Act 2013; commencement day means the day on which the Amending Act comes into operation. 35 List of persons who may act as timekeepers (1) A person who is, immediately before the commencement day, on the list of timekeepers under section 13A as it was before its repeal by section 12 of the Amending Act, is on that day entitled to act as a timekeeper— (a) for a period of 3 months from the commencement day; or (b) until the person applies for a licence to act as a timekeeper under section 6 and the Board decides to issue or refuse that licence— whichever is sooner. (2) Despite the repeal of section 13A by section 12 of the Amending Act, a promoter may, on and after the commencement day, engage a person specified under subsection s. 23 -- 34 of 38 -- Part 2—Amendment of Professional Boxing and Combat Sports Act 1985 Professional Boxing and Combat Sports Amendment Act 2013 No. 65 of 2013 32 Authorised by the Chief Parliamentary Counsel (1) to act as a timekeeper in accordance with subsection (1) without breaching the conditions of a licence to act as a promoter. 36 Pending licence applications If an application for a licence or a renewal of a licence under section 6 has been made but not determined before the commencement day, from the commencement day the application may be decided under section 6, as substituted by section 6 of the Amending Act. 37 Appeal to the Minister (1) This section applies to an appeal made to the Minister, that has not been determined by the Minister, before the commencement day— (a) under section 15(8)(a) or (b); (b) in respect of the Board's decision to determine, vary or revoke a condition of a promoter's licence under section 15(8)(e); (c) in respect of a decision of the Board to disqualify a person from obtaining a further promoter's licence. (2) On and after the commencement day, the Minister must determine an appeal to which this section applies under section 15(8) as in force immediately before that day.". __________________ s. 23 -- 35 of 38 -- Part 3—Amendment of Other Acts Professional Boxing and Combat Sports Amendment Act 2013 No. 65 of 2013 33 Authorised by the Chief Parliamentary Counsel PART 3—AMENDMENT OF OTHER ACTS 24 Amendment of Casino Control Act 1991 After section 74(3) of the Casino Control Act 1991 insert— "(4) The Chief Commissioner of Police must advise the Professional Boxing and Combat Sports Board (within the meaning of section 14 of the Professional Boxing and Combat Sports Act 1985) that an exclusion order has been made under this section if the person who is the subject of the order has a licence, or has applied for a licence or its renewal under Division 1 of Part II of the Professional Boxing and Combat Sports Act 1985.". 25 Amendment of Racing Act 1958 After section 35D of the Racing Act 1958 insert— "35DA Advice to Professional Boxing and Combat Sports Board The Chief Commissioner of Police must advise the Professional Boxing and Combat Sports Board (within the meaning of section 14 of the Professional Boxing and Combat Sports Act 1985) that an exclusion order has been made if the person who is the subject of the order has a licence, or has applied for a licence or its renewal under Division 1 of Part II of the Professional Boxing and Combat Sports Act 1985.". __________________ See: Act No. 47/1991. Reprint No. 8 as at 22 June 2011 and amending Act Nos 29/2009, 84/2009, 74/2010, 58/2011 and 32/2012. LawToday: www. legislation. vic.gov.au s. 24 See: Act No. 6353. Reprint No. 15 as at 9 May 2013 and amending Act No. 45/2003. LawToday: www. legislation. vic.gov.au -- 36 of 38 -- Part 4—Repeal of Amending Act Professional Boxing and Combat Sports Amendment Act 2013 No. 65 of 2013 34 Authorised by the Chief Parliamentary Counsel PART 4—REPEAL OF AMENDING ACT 26 Repeal of amending Act This Act is repealed on the first anniversary of its commencement. 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). ═══════════════ s. 26 -- 37 of 38 -- Professional Boxing and Combat Sports Amendment Act 2013 No. 65 of 2013 35 Authorised by the Chief Parliamentary Counsel ENDNOTES † Minister's second reading speech— Legislative Assembly: 5 September 2013 Legislative Council: 17 October 2013 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, to make consequential amendments to the Casino Control Act 1991 and the Racing Act 1958 and for other purposes." Endnotes -- 38 of 38 --