Professional Boxing and Combat Sports Amendment Act 2008
Professional Boxing and Combat Sports
Amendment Act 2008
No. 11 of 2008
TABLE OF PROVISIONS
Section Page
1 Purposes 1
2 Commencement 2
3 Principal Act 2
4 Definitions 3
5 Part II heading amended 3
6 Board may license persons involved in professional contests 3
7 Board may issue permit to conduct promotion 3
8 Promoters, trainers, match-makers, referees and judges must
hold a licence 4
9 Licences and permits 4
10 Section 9A substituted 5
9A Variation, suspension or cancellation of licence or
permit 5
11 Person must not compete in a professional contest unless
registered 6
12 Application for registration as a professional contestant 6
13 Cancellation or suspension of registration 7
10B Cancellation or suspension of registration 7
14 Restriction on re-registration of previously unfit professional
contestant 9
15 Division 3 of Part II substituted 10
Division 3—Medical examinations and fitness tests 10
12 Compulsory medical examinations and fitness tests 10
16 Duties of promoters 12
17 New Division 4A of Part II 12
Division 4A—Timekeepers 12
13A Board to keep list of persons who may act as
timekeepers 12
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Section Page
18 Division 5 of Part II substituted 13
Division 5—Professional Boxing and Combat Sports Board 13
14 Establishment and membership of Board 13
14A Functions, powers and duties of Board 14
14B Board procedure 15
14C Delegation 15
14D Immunity 17
19 Delegation 17
20 Part IV heading 17
21 Review by Victorian Civil and Administrative Tribunal 17
22 Section 19 substituted 18
19 Proceedings for offence 18
23 New regulation making powers 18
24 Board may make rules 19
23 Board may make rules 19
25 New Division heading in Part VIII 19
26 New Division 2 of Part VIII 20
Division 2—Provisions for Professional Boxing and
Combat Sports Amendment Act 2008 20
29 Definition 20
30 Existing licences, permits and registrations 20
31 Timekeepers 22
32 Existing applications 23
33 Existing Board members 23
27 Repeal of amending Act 24
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ENDNOTES 25
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Victoria
Professional Boxing and Combat Sports
Amendment Act 2008†
No. 11 of 2008
[Assented to 18 March 2008]
The Parliament of Victoria enacts:
1 Purposes
The main purpose of this Act is to amend the
Professional Boxing and Combat Sports Act
1985 to—
(a) provide for powers, duties and functions to
be exercised by the Professional Boxing and
Combat Sports Board; and
(b) provide for the Minister to give directions to
the Board; and
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(c) enable the Board to prevent contestants who
lack the necessary professional skills from
competing in professional contests; and
(d) provide for a list of persons who may act as
timekeepers for promotions; and
(e) provide power to make regulations about the
list of timekeepers, medical tests conducted
for the purposes of the Act and other matters
relating to professional contestants,
professional contests and promotions; and
(f) otherwise improve the operation of that Act.
2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
operation before 1 July 2008, it comes into
operation on that day.
3 Principal Act
In this Act, the Professional Boxing and Combat
Sports Act 1985 is called the Principal Act.
See:
Act No.
10183.
Reprint No. 2
as at
20 September
2001
and
amending
Act Nos
97/2005 and
28/2007.
LawToday:
www.
legislation.
vic.gov.au
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4 Definitions
In section 5 of the Principal Act—
(a) insert the following definitions—
"Department means the Department of
Planning and Community
Development;
timekeeper means a person who regulates
the number and length of rounds, and
the interval between rounds, of a
professional contest;";
(b) in the definition of licensing authority, for
"Minister" (wherever occurring) substitute
"Board".
5 Part II heading amended
In the heading to Part II of the Principal Act, omit
"BOXING".
6 Board may license persons involved in professional
contests
(1) Insert the following heading to section 6 of the
Principal Act—
"Board may license persons involved in
professional contests".
(2) In sections 6(1), 6(3) and 6(4) of the Principal
Act, for "Minister" (wherever occurring)
substitute "Board".
7 Board may issue permit to conduct promotion
(1) Insert the following heading to section 7 of the
Principal Act—
"Board may issue permit to conduct
promotion".
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(2) In sections 7(1) and 7(2) of the Principal Act, for
"Minister" (wherever occurring) substitute
"Board".
8 Promoters, trainers, match-makers, referees and
judges must hold a licence
In section 8(3) of the Principal Act, for "Minister"
substitute "Board".
9 Licences and permits
(1) In section 9(2) of the Principal Act, for "Minister"
substitute "Board".
(2) After section 9(2) of the Principal Act insert—
"(2A) It is a condition of each promoter's licence
that the promoter must only engage persons
whose names are on the list kept under
section 13A to act as timekeepers for
promotions.".
(3) For sections 9(4) and 9(5) of the Principal Act
substitute—
"(4) If the Board varies or revokes a condition to
which a licence or permit is subject, the
Board must, as soon as is practicable, give
written notice of the variation or revocation
to the holder of the licence or permit.
(5) The written notice must specify the grounds
for the variation or revocation.
(6) The holder of a licence or permit under this
Act must comply with any conditions that
apply to the licence or permit.".
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10 Section 9A substituted
For section 9A of the Principal Act substitute—
"9A Variation, suspension or cancellation of
licence or permit
(1) This section applies if a person who holds a
licence or permit—
(a) is convicted of an offence against this
Act or contravenes any provision of this
Act or the regulations; or
(b) contravenes a provision of a law of
another State or a Territory that
corresponds with a provision of this Act
or the regulations; or
(c) does, or omits to do, an act in another
State or a Territory that would
contravene this Act or the regulations;
or
(d) contravenes a condition of the licence
or permit.
(2) The Board may—
(a) vary the conditions on which the
licence or permit was issued; or
(b) suspend the licence or permit for any
period the Board considers appropriate;
or
(c) cancel the licence or permit.
(3) If the Board cancels a person's licence or
permit under subsection (2), the Board must
disqualify the person from obtaining a
further licence or permit for any period the
Board considers appropriate.
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(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.".
11 Person must not compete in a professional contest
unless registered
In section 10(3) of the Principal Act, for
"Minister" substitute "Board".
12 Application for registration as a professional
contestant
(1) In sections 10A(1) and 10A(3) of the Principal
Act, for "Minister" (wherever occurring)
substitute "Board".
(2) In section 10A(3) of the Principal Act, after
"required by" insert "this Act or".
(3) After section 10A(3) of the Principal Act insert—
"(3A) The registration of a person as a professional
contestant may be subject to any conditions
that the Board determines.
(3B) The conditions may be varied or revoked by
the Board at any time.
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(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.".
13 Cancellation or suspension of registration
For section 10B of the Principal Act substitute—
"10B Cancellation or suspension of registration
(1) This section applies if—
(a) the Board is notified under section 12
that a registered professional contestant
is unfit to engage in professional
contests generally; or
(b) the Board considers, having regard to
the level of professional skills of a
registered professional contestant, that
it is not in the interests of the health or
safety of the contestant to engage in
professional contests; or
(c) a registered professional contestant—
(i) is convicted of an offence against
this Act or contravenes any
provision of this Act or the
regulations; or
Example
Failure to present for a medical
examination before or after a
professional contest as required by
section 12.
(ii) contravenes any provision of a
law of another State or Territory
that corresponds with a provision
of this Act or the regulations; or
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(iii) contravenes any conditions
imposed on the contestant's
registration under this Act.
(2) The Board—
(a) must cancel or suspend the contestant's
registration if subsection (1)(a) or
(1)(b) applies; and
(b) may cancel or suspend the contestant's
registration if subsection (1)(c)(i), (ii)
or (iii) applies.
(3) If the Board cancels a contestant's
registration under subsection (2), the Board
must disqualify the person from being
re-registered as a professional contestant for
any period the Board considers appropriate.
(4) If the Board suspends a contestant's
registration under subsection (2), the
registration is suspended—
(a) if the suspension is because the
contestant is unfit under subsection
(1)(a), until the contestant is able to
satisfy the Board that he or she is fit to
engage in professional contests under
section 10C; or
(b) if the suspension is because the
contestant lacks the required level of
professional skills under subsection
(1)(b), until the contestant is able to
satisfy the Board that he or she has the
level of professional skills required to
engage in professional contests; or
(c) if the suspension is because subsection
(1)(c)(i), (ii) or (iii) applies to the
contestant, for a period the Board
considers appropriate.
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(5) In considering the level of a contestant's
professional skills, the Board must have
regard to—
(a) the contestant's defensive skills,
including evasive skills and speed of
reaction; and
(b) the contestant's mobility and ring
generalship; and
(c) the contestant's strategic and tactical
awareness; and
(d) the contestant's endurance and stamina;
and
(e) any other factor the Board considers
relevant to the contestant's ability to
defend himself or herself in
professional contests.
(6) If the Board suspends or cancels a
contestant's registration under this section,
the Board must advise the contestant of the
suspension or cancellation orally or in
writing.
(7) If the Board gives a contestant oral notice
under subsection (6), the Board must, as
soon as is practicable, give the contestant
written notice of the suspension or
cancellation.
(8) The written notice must specify the grounds
for the suspension or cancellation.".
14 Restriction on re-registration of previously unfit
professional contestant
(1) Insert the following heading to section 10C of the
Principal Act—
"Restriction on re-registration of previously
unfit professional contestant".
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(2) In section 10C of the Principal Act, for "Minister"
(wherever occurring) substitute "Board".
(3) In section 10C of the Principal Act, for "10B(1)"
substitute "10B(2) on the grounds referred to in
section 10B(1)(a)".
15 Division 3 of Part II substituted
For Division 3 of Part II of the Principal Act
substitute—
"Division 3—Medical examinations and fitness
tests
12 Compulsory medical examinations and
fitness tests
(1) A professional contestant must present
himself or herself to a medical practitioner—
(a) for a medical examination—
(i) within 24 hours before, and within
24 hours after, a professional
contest; and
(ii) at any other time before a
professional contest as directed by
the Board; and
(b) for a medical examination or a fitness
test at any other time as required by the
regulations.
(2) A medical practitioner who conducts a
medical examination or fitness test for the
purposes of this section must conduct the
examination or test, and record the results, in
accordance with the regulations.
Penalty: 120 penalty units or imprisonment
for 12 months or both.
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(3) If, after conducting the medical examination
or fitness test, the medical practitioner finds
the professional contestant is unfit to
compete in a particular professional contest
or professional contests generally, the
medical practitioner must—
(a) declare the professional contestant to be
unfit; and
(b) as soon as is practicable, give notice of
the declaration to—
(i) the contestant; and
(ii) the Board; and
(iii) if the declaration is in respect of a
particular professional contest, the
promoter of that contest; and
(c) complete and forward to the Board a
report in writing about the medical
examination or fitness test.
Penalty: 120 penalty units or imprisonment
for 12 months or both.
(4) A contestant must not compete in a
professional contest if a medical practitioner
has declared the contestant unfit under this
section until the contestant is declared fit in
accordance with this Act or the regulations.
(5) A person who is not required to be registered
under this Act because the person is
registered or licensed in another State or
Territory must comply with this section as if
the person were registered under this Act.".
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16 Duties of promoters
For section 13(1)(c) of the Principal Act
substitute—
"(c) the provisions of the relevant regulations are
complied with; and".
17 New Division 4A of Part II
After section 13 of the Principal Act insert—
"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
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(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.".
18 Division 5 of Part II substituted
For Division 5 of Part II of the Principal Act
substitute—
"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.
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(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.
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(5) The Board must comply with the directions
of the Minister in carrying out its functions
under this Act.
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.
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(2) For the purposes of subsection (1)(a)—
(a) a power delegated to a Board member
to determine applications for
registration (or renewal of registration)
as a professional contestant under
section 10A may be exercised by that
member acting alone; and
(b) a power delegated to a Board member
to determine applications for a licence
(or renewal of a licence) to act as a
trainer, match-maker, referee or judge
under section 6 may be exercised only
with the agreement of at least one other
Board member; and
(c) any other power, duty or function
delegated to a Board member may be
exercised only with the agreement of at
least 2 other Board members.
(3) For the purposes of subsection (1)(b)—
(a) a power delegated to an employee of
the Department to determine
applications for registration (or renewal
of registration) of a contestant may be
exercised only with the agreement of at
least one member of the Board; and
(b) a power delegated to an employee of
the Department to determine
applications for a licence (or renewal of
a licence) to act as a trainer, match-
maker, referee or judge may be
exercised only with the agreement of at
least 2 members of the Board.
(4) A delegate who makes a decision under a
delegation must give the Board written
notice of the decision as soon as is
practicable after the decision is made.
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(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.
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.".
19 Delegation
(1) In section 15(1) of the Principal Act, omit
"for Victorian Communities".
(2) Sections 15(2), 15(3), 15(4), 15(5) and 15(6) of
the Principal Act are repealed.
20 Part IV heading
In the heading to Part IV of the Principal Act, for
"MINISTER" substitute "BOARD".
21 Review by Victorian Civil and Administrative
Tribunal
In section 16(1) of the Principal Act, for "decision
of the Minister or of a delegate of the Minister
under this Act" substitute "decision of the
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Minister under section 15(8) in relation to a
promoter's licence or a decision of the Board".
22 Section 19 substituted
For section 19 of the Principal Act substitute—
"19 Proceedings for offence
(1) The following persons may institute
proceedings for an offence against this Act—
(a) the Minister;
(b) a person authorised in writing by the
Minister;
(c) the Chairperson of the Board, or a
person authorised in writing by the
Chairperson of the Board.
(2) A person who institutes legal proceedings in
the name of the Minister or the Chairperson
of the Professional Boxing and Combat
Sports Board is taken to be authorised to take
those proceedings, in the absence of
evidence to the contrary.".
23 New regulation making powers
(1) After section 22(1)(a) of the Principal Act
insert—
"(b) matters relating to keeping a list of persons
who may act as timekeepers;
(c) matters relating to the conduct of
promotions;".
(2) In section 22(1)(d) of the Principal Act, after
"medical examinations and" insert "medical
treatment and".
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(3) After section 22(1)(d) of the Principal Act
insert—
"(e) matters relating to medical tests and fitness
tests carried out for the purposes of this Act,
including the form, type, frequency and
reporting of those tests;
(f) matters relating to persons who are
competing in Victoria and who are registered
or licensed in another State or Territory;
(g) matters requiring professional contestants
registered in Victoria to notify the Board
when they are competing outside Victoria;
(h) matters relating to the arrival of contestants
in Victoria before contests and other matters
relating to the participation in contests of
contestants who reside outside Victoria;".
(4) In section 22(1)(k) of the Principal Act, after
"unfit" insert "or lacking the required professional
skills to compete in professional contests".
(5) In section 22(n) of the Principal Act, after
"permits" insert ", registrations".
24 Board may make rules
For section 23 of the Principal Act substitute—
"23 Board may make rules
The Board may make rules for the proper
conduct of professional contests.".
25 New Division heading in Part VIII
After the heading to Part VIII of the Principal Act,
insert—
"Division 1—Provisions for Professional
Boxing and Martial Arts (Amendment)
Act 2001".
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26 New Division 2 of Part VIII
After section 28 of the Principal Act insert—
"Division 2—Provisions for Professional
Boxing and Combat Sports Amendment
Act 2008
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 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.
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(4) A person registered as a professional
contestant under section 10A(3) (including a
person whose registration has been renewed)
by the Minister, and whose registration was
in force immediately before the
commencement of section 12 of the
amending Act, continues after the
commencement of section 12 to be registered
as a professional contestant, subject to the
same conditions, as if the person had been
registered by the Board.
(5) If, immediately before the commencement of
section 10 of the amending Act, a person's
licence or permit under this Act was
suspended or cancelled by the Minister, the
person's licence or permit continues, after the
commencement of section 10, to be
suspended or cancelled as if it had been
suspended or cancelled by the Board.
(6) If, immediately before the commencement of
section 13 of the amending Act, a person's
registration as a professional contestant, was
suspended or cancelled by the Minister, the
person's registration continues, after the
commencement of section 13, to be
suspended or cancelled as if it had been
suspended or cancelled by the Board.
(7) A direction given to a person by the Minister
under section 12(1), and in force
immediately before the commencement of
section 15 of the amending Act, continues to
apply to the person after the commencement
of section 15 as if the direction had been
given by the Board.
(8) A person whose interests are affected by a
decision referred to in section 16 (other than
a decision made in relation to a promoter's
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s. 26
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.
22
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s. 26
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.
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No. 11 of 2008
s. 27
(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.".
27 Repeal of amending Act
This Act is repealed on 1 July 2009.
Note
The repeal of this Act does not affect the continuing
operation of the amendments made by it (see section 15(1)
of the Interpretation of Legislation Act 1984).
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No. 11 of 2008
Endnotes
ENDNOTES
† Minister's second reading speech—
Legislative Assembly: 6 December 2007
Legislative Council: 28 February 2008
The long title for the Bill for this Act was "A Bill for an Act to amend the
Professional Boxing and Combat Sports Act 1985 and for other
purposes."
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