2008
2008
2014-12-15
act
government
publicgeneral
act.reprint
act-2013-095
allinforce
2008-11-27
2008-11-27
0
2014-12-15
act-2013-096
2008
none
act-2008-116
c5673184-290b-49a7-b490-98c1b84156aa
59fe62f6-0b34-4cc2-a81d-adf689d55023
Repeal:
The Act was repealed by sec 109 of the Combat Sports Act 2013 No 96 with effect
from 15.12.2014.
An Act to regulate the conduct of professional
combat sports; to regulate the conduct of wrestling and amateur combat sport
contests; to constitute the Combat Sports Authority of New South Wales and to
define its functions; to repeal the Boxing and
Wrestling Control Act 1986; and for other
purposes.
Part 1Preliminary
1Name of
Act
This Act is the Combat Sports Act
2008.
2Commencement
This Act commences on a day or days to be
appointed by proclamation.
3Definitions
(cf 1986 Act s3)
(1)
In this Act:
amateur
combat sport contest means a contest, display or exhibition
of a combat sport other than a professional combat sport
contest.
approved
form means a form approved under section 72 by the Minister
or the Minister’s delegate.
Authority means the Combat Sports
Authority of New South Wales constituted by this Act.
combat
sport means any of the following or a combination of any of
the following:
(a)
boxing (or fist fighting) in any of its
styles,
(b)
kick boxing in any of its
styles,
(c)
any sport, martial art or activity in which each
contestant in a contest, display or exhibition of that sport, art or activity
is required to strike, kick, hit, grapple with, throw or punch one or more
other contestants and that is prescribed by the
regulations,
(d)
sparring in any category covered in paragraph
(a)–(c), except to the extent prescribed by the
regulations.
combat
sport inspector means a person appointed by the Authority as
a combat sport inspector for the purposes of this Act.
Note—
Section 61 provides for the authorisation of
members of the Authority or police officers to exercise functions of, and to
be taken to be, combat sport inspectors (subject to any limitations referred
to in that section).
combat
sport official means a person appointed by the Authority to
officiate at combat sport contests.
combatant means a person who engages
in a combat sport as a contestant in professional combat sport
contests.
Department means the Department of
the Arts, Sport and Recreation.
disciplinary breach—see
sections 13 and 29.
exercise a function includes perform
a duty.
fighting means engaging in a combat
sport as a combatant.
fine:
(a)
in relation to a disciplinary breach by a
combatant—see section 13, and
(b)
in relation to a disciplinary breach by an
industry participant—see section 29.
function includes a power, authority
and duty.
industry
participant means a person who, otherwise than as a
combatant, engages in or is employed in any profession, occupation or
business, whether on a full-time, part-time or casual basis, and whether or
not the person receives any payment or other consideration, in relation to a
combat sport, and (without limitation) includes the following:
(a)
a promoter, being any person who promotes a
professional combat sport contest,
(b)
a match-maker, being a person who acts on behalf
of a promoter to arrange professional contests between particular
combatants,
(c)
a manager, being a person who undertakes to
represent the interests of a combatant in procuring or arranging the conduct
of any professional combat sport contest in which the combatant is a
contestant or who directs or controls the professional combat sport activities
of any combatant,
(d)
a trainer, being a person who supervises the
training or instruction of a combatant or who accompanies a combatant into the
ring or onto the contest arena to give advice or assistance during a
professional combat sport contest,
(e)
a second, being a person who assists a combatant
as advised by a trainer and who assists a trainer in the preparation of
combatants,
(f)
a judge, being a person who determines the points
scored by each combatant in a professional combat sport
contest,
(g)
a referee, being a person who enforces the rules
relating to a combat sport during a professional combat sport
contest,
(h)
a timekeeper, being a person who regulates the
number and length of rounds, and the interval between rounds, of a
professional combat sport contest.
prescribed class—see sections
7 and 22.
professional combat sport contest
means:
(a)
a contest, display or exhibition of a combat
sport between combatants for a monetary prize or other reward in money or
money’s worth, or
(b)
a contest, display or exhibition of a combat
sport between persons otherwise than for a monetary prize or other reward in
money or money’s worth, where:
(i)
at least one of the combatants has at any time
been a combatant in a contest, display or exhibition that is referred to in
paragraph (a) (the earlier
event), and
(ii)
the combat sport involved in the earlier event
was, at the time of the earlier event, within the definition of combat
sport, or
(c)
a contest, display or exhibition of a combat
sport between combatants for gain or reward, in respect of which the Authority
has made a determination under section 4, or
(d)
an event of a class or description prescribed by
the regulations,
but does not include:
(e)
sparring if it is not for public entertainment,
or
(f)
an event of a class or description excepted by
the regulations.
promote includes arrange or
hold.
registered means registered under
this Act.
unregistered person means a person
who is not registered under this Act.
wrestling
contest means a contest, display or exhibition of wrestling,
whether or not for a monetary prize or other reward.
(2)
A sport, martial art or activity may be
prescribed by the regulations for the purposes of paragraph (c) of the
definition of combat
sport even if it is or may be in a category covered in
paragraph (a) or (b) of that definition.
(3)
An event may be prescribed by the regulations for
the purposes of paragraph (d) of the definition of professional combat sport contest
even if it is or may be in a category covered in another paragraph of that
definition.
(4)
Notes included in this Act do not form part of
this Act.
Note—
A reference in this Act to the 1986 Act is a
reference to the Boxing and Wrestling Control Act
1986, which is repealed by this Act.
4Determination of certain
events to be professional combat sport contests
(1)
This section has effect for the purposes of
paragraph (c) of the definition of professional combat sport contest in
section 3 (1).
(2)
The Authority may, having regard to any
information available to it, determine that a proposed or advertised contest,
display or exhibition of a combat sport is to be treated as a professional
combat sport contest for the purposes of this Act.
(3)
The Authority must not make a determination
unless the Authority:
(a)
believes or suspects that the contest, display or
exhibition is for gain or reward, and
(b)
is of the opinion that it is desirable to make
the determination to protect the health and safety of any of the combatants,
whether or not there is any relevant information available to the Authority
concerning health and safety issues.
(4)
A determination has no effect if it is made after
the time prescribed by the regulations before the start of the contest,
display or exhibition.
(5)
A determination has no effect unless, before the
prescribed time before the start of the contest, display or exhibition, notice
of its terms is either:
(a)
published in a newspaper circulating generally in
the State, or
(b)
served on a promoter of the contest, display or
exhibition,
or both.
(6)
The Authority may amend or revoke a
determination.
(7)
A contest, display or exhibition of a combat
sport may be the subject of a determination even if it is or may be in a
category covered in another paragraph of the definition of professional combat sport
contest.
Part 2Registration of
combatants
Division 1Registration
5Requirement for
registration—offence for unregistered persons
(cf 1986 Act s15)
A person must not engage in a professional combat
sport contest as a combatant if the person is not registered as a combatant of
at least one prescribed class.
Maximum penalty: 10 penalty units or imprisonment
for 6 months, or both.
6Requirement for registration
in a prescribed class—disciplinary breach for registered
persons
(cf 1986 Act s15)
(1)
A registered combatant must not engage in a
professional combat sport contest as a combatant of a prescribed class if the
registered combatant is not registered as a combatant of that
class.
(2)
A contravention of subsection (1) is a
disciplinary breach attracting a fine.
7Prescribed classes of
combatants
(cf 1986 Act s6)
(1)
For the purpose of registering combatants,
classes of combatants may be prescribed by the regulations according to the
style of fighting involved.
(2)
Without limiting subsection (1), a class of
combatants may be prescribed by reference to:
(a)
the style of fighting of which the combat sport
concerned consists, or
(b)
a style of fighting included in the combat sport
concerned, or
(c)
all styles of fighting other than specified
styles.
(3)
A reference in this Act to a prescribed class of combatants is a
reference to a class prescribed by the regulations under subsection
(1).
8Application for
registration
(cf 1986 Act s8)
(1)
A person of or above the age of 18 years may make
an application to the Authority to be registered as a combatant of a
prescribed class.
(2)
An application must be:
(a)
in or to the effect of the approved form,
and
(b)
accompanied by:
(i)
a certificate of fitness for participating in a
combat sport of the class in respect of which registration is sought, being a
certificate in or to the effect of the approved form that has been given by a
medical practitioner not more than 7 days before the date on which the
application is made, and
(ii)
the fee prescribed by the
regulations.
9Determination of
application
(cf 1986 Act s9)
(1)
On receipt by the Authority of an application
made by a person of or above the age of 18 years under section 8:
(a)
where the Authority is satisfied that:
(i)
the application complies with the requirements of
section 8 (2), and
(ii)
the applicant is a fit and proper person to be
registered as a combatant of the prescribed class in respect of which the
registration is sought, and
(iii)
in the case of a subsequent application referred
to in section 13 (6) or 29 (6)—the applicant has complied with any
conditions imposed under either subsection in relation to the
applicant’s registration as a combatant,
the Authority:
(iv)
must register the applicant as a combatant of the
relevant class, and
(v)
if, in the opinion of the Authority, it is in the
interests of the health or safety of the applicant to be registered for a
limited time, may register the applicant for a specified period,
or
(b)
where it is not so satisfied, the Authority must
refuse to register the applicant as such a
combatant.
(2)
The Authority must give notice to an applicant,
in writing, of the applicant’s registration as a combatant of a
prescribed class or of the refusal of the Authority to so register the
applicant, as the case may be, within 7 days after the date of registration or
refusal of registration.
(3)
Where the Authority refuses to register an
applicant as a combatant on the ground that the applicant is not a fit and
proper person to be so registered, the Authority must, in the notice under
subsection (2), so inform the applicant.
10Conditions on or during
registration
(1)
The Authority may register a combatant:
(a)
unconditionally, or
(b)
subject to conditions of either or both of the
following kinds:
(i)
conditions determined by the Authority to help
protect the combatant’s health and safety,
(ii)
conditions prescribed by the regulations or of a
kind prescribed by the regulations.
(2)
A condition may be imposed:
(a)
at the time of registration,
or
(b)
during the currency of registration, subject to
any applicable requirements of section 13.
(3)
A person who is a registered combatant must
comply with any conditions to which the person’s registration is
subject.
(4)
A contravention of subsection (3) is a
disciplinary breach attracting a fine.
(5)
This section does not limit any other power of
the Authority under this Act to impose conditions.
11Duration of
registration
(cf 1986 Act s10)
(1)
The registration of a combatant remains in
force:
(a)
except as provided by paragraph
(b)—indefinitely, or
(b)
where the registration is for a fixed
period—for the period currently fixed under this Part (see sections 9
and 13),
unless the registration is sooner
cancelled.
(2)
A person whose registration as a combatant is for
a fixed period may, if otherwise eligible, apply under section 8 for further
registration after the fixed period or within a period during the fixed period
prescribed by the regulations.
12Annual returns by registered
combatants
(cf 1986 Act s12)
(1)
In order to avoid suspension of registration, a
person registered as a combatant of a prescribed class must, not earlier than
56 days and not later than 21 days before 31 December in each year, forward an
annual return to the Authority.
(2)
An annual return must be:
(a)
in or to the effect of the approved form,
and
(b)
accompanied by:
(i)
a certificate of fitness for participating in a
combat sport of the class in respect of which the person making the return is
registered, being a certificate in or to the effect of the approved form that
has been given by a medical practitioner not more than 7 days before the date
on which the return is forwarded, and
(ii)
the fee prescribed by the
regulations.
(3)
The Authority may, in accordance with section 13,
suspend the registration of a combatant if:
(a)
an annual return is not made and forwarded as
required by this section, or
(b)
the annual return is not accompanied by the
certificate of fitness or prescribed fee.
(4)
Subsection (1) does not apply in a year to a
person whose registration is for a fixed period and the fixed period ends on
or before 31 December in that year.
13Fines, suspension and other
sanctions
(cf 1986 Act s11(1)–(3))
(1)Definition
In this section:
disciplinary breach by a registered
combatant means a contravention of this Act, the regulations or the rules by
the registered combatant (whether or not the contravention is declared to be a
disciplinary breach attracting a fine), but does not include a contravention
of a kind prescribed by the regulations.
(2)Circumstances in which action
may be taken
The Authority may take action under this section
in respect of registered combatants in connection with:
(a)
disciplinary breaches by registered combatants,
or
(b)
the health and safety of registered combatants,
or
(c)
other matters that the Authority considers should
be dealt with under this section.
(3)Show cause
notice
The Authority may, by notice in writing served on
a person who is a registered combatant, require the person to show cause, by a
date and time specified in the notice (being a date not less than 14 days
after the date of service of the notice) for any one or more of the
following:
(a)
why the person should not pay a fine of a
specified amount for a disciplinary breach attracting a
fine,
(b)
why a condition should not be imposed on the
person’s registration,
(c)
why the person’s registration should not be
suspended,
(d)
why the person’s registration should not be
cancelled,
(e)
why the person’s registration should not be
for a fixed period,
(f)
where the person’s registration is already
for a fixed period, why that period should not be
reduced.
The notice must specify the grounds on which the
action is proposed to be taken.
(4)Action if sufficient cause not
shown
If, by the date and time referred to in the
notice under subsection (3), a person has not shown sufficient cause as
referred to in that subsection, the Authority may, by order in writing, do any
one or more of the following (whether or not the action was that mentioned in
the notice):
(a)
impose a fine of a specified amount for a
disciplinary breach attracting a fine,
(b)
impose a condition on the person’s
registration,
(c)
suspend the person’s
registration,
(d)
cancel the person’s
registration,
(e)
fix a period of registration of such duration as
the Authority thinks fit where there is not an existing period of
registration,
(f)
reduce an existing period of registration by a
period of such duration as the Authority thinks
fit.
(5)Conditions for suspension to
be lifted
If a person’s registration is suspended,
the Authority may impose such conditions as it thinks fit with which the
person must comply before consideration is given to lifting the
suspension.
(6)Conditions for re-registration
after cancellation
If a person’s registration is cancelled,
the Authority may impose such conditions as it thinks fit with which the
person must comply before any subsequent application by the person for
registration as a combatant or industry participant may be dealt with under
this Act.
(7)Notice of action
taken
The Authority must, within 7 days of taking
action under subsection (4) against a person, give the person written notice
of the action taken and of any conditions imposed under subsection (5) or
(6).
(8)Amount of
fine
The amount of a fine is such amount as the
Authority determines but not exceeding:
(a)
an amount equivalent to 50 penalty units, unless
paragraph (b) applies, or
(b)
a lower amount prescribed by the
regulations.
(9)Limitations may be
prescribed
The regulations may provide that:
(a)
action, or particular action, may only be taken
under this section in specified circumstances, or
(b)
action, or particular action, may not be taken
under this section in specified circumstances.
14Conditions, suspension or
cancellation—health or safety
(cf 1986 Act ss11(4) and (5), 16)
(1)
The Authority may, if it is of the opinion that
it is in the interests of the health or safety of a person who is registered
as a combatant to do so otherwise than in accordance with section 13, by
notice in writing served on the person:
(a)
impose conditions on the person’s
registration as a combatant of any prescribed class, or
(b)
suspend the person’s registration as a
combatant of any prescribed class, or
(c)
cancel the person’s registration as a
combatant of any prescribed class.
(2)
A notice under subsection (1) takes effect from
the date of service of the notice on the person or a later date specified in
the notice.
(3)
A person must not engage in sparring in a
particular style of fighting at any time during which the person’s
registration as a combatant of the prescribed class that is appropriate to
that style of fighting is cancelled under this section.
Maximum penalty: 10 penalty units or imprisonment
for 6 months, or both.
(4)
A person must not engage in sparring in a
particular style of fighting at any time during which the person’s
registration as a combatant of the prescribed class that is appropriate to
that style of fighting is suspended under this section.
(5)
A contravention of subsection (4) is a
disciplinary breach attracting a fine.
15Effect of
suspension
(1)
If a person’s registration as a combatant
of a prescribed class is suspended, the person must not engage in a
professional combat sport contest as a combatant of that class while the
suspension continues.
(2)
A contravention of subsection (1) is a
disciplinary breach attracting a fine.
(3)
The person’s registration as a combatant is
not otherwise affected by the suspension.
16Lifting of
suspension
(1)
The Authority may lift the suspension of a
person’s registration as a combatant if satisfied that it is appropriate
to do so.
(2)
Before lifting the suspension of a person’s
registration, the Authority may require the person to pay either or both of
the following:
(a)
the fee prescribed by the
regulations,
(b)
the whole or a specified part of any outstanding
annual fees.
17Register
(cf 1986 Act ss7(1), 11(6))
(1)
The Authority must keep a register of combatants,
in which are to be recorded:
(a)
the names and addresses of persons who are
registered as combatants, and
(b)
the prescribed class of combatants to which each
registered combatant belongs, and
(c)
particulars of any conditions imposed under this
Part, and
(d)
particulars of any suspension or cancellation of
registration under this Part, and
(e)
particulars of any period of registration fixed
or reduced under this Part, and
(f)
such other particulars as may be prescribed by
the regulations.
(2)
A register may include such additional
particulars as the Authority thinks appropriate.
(3)
A register is to be kept in such manner and form
as the Authority thinks appropriate.
Division 2Medical record books and
cards
18Issue of medical record books
and cards
(cf 1986 Act s33)
(1)
The Authority must issue each registered
combatant with a medical record book in such format as the Authority thinks
fit.
(2)
A medical record book may contain one or more
medical record cards in or to the effect of the approved
form.
19Provisions relating to medical
record books and cards
(1)
The regulations may make provision for or with
respect to medical record books and medical record cards for registered
combatants.
(2)
Without limiting subsection (1), the regulations
may provide for any or all of the following:
(a)
the issue of medical record books and medical
record cards to registered combatants,
(b)
the making of entries in, endorsements on, and
alterations to, such books and cards,
(c)
the production of such books and
cards,
(d)
the surrender, re-issue and replacement of such
books and cards,
(e)
the protection of such books and
cards.
Part 3Registration of industry
participants
20Requirement for
registration—offence for unregistered persons
(cf 1986 Act s27)
A person must not carry on the business of, or be
employed as, an industry participant if the person is not registered as an
industry participant of at least one prescribed class.
Maximum penalty: 10 penalty units or imprisonment
for 6 months, or both.
21Requirement for registration
in a prescribed class—disciplinary breach for registered
persons
(cf 1986 Act s27)
(1)
A registered industry participant must not carry
on the business of, or be employed as, an industry participant of a prescribed
class if the registered industry participant is not registered as an industry
participant of that class.
(2)
A contravention of subsection (1) is a
disciplinary breach attracting a fine.
22Prescribed classes of industry
participants
(cf 1986 Act s17)
(1)
For the purpose of registering industry
participants, classes of industry participants may be prescribed by the
regulations according to the nature of their participation in any profession,
occupation or business, whether on a full-time, part-time or casual basis, in
relation to a combat sport.
(2)
A reference in this Act to a prescribed class of industry
participants is a reference to a class prescribed by the regulations under
subsection (1).
23Application for
registration
(cf 1986 Act s19)
(1)
A person may make an application to the Authority
to be registered as an industry participant of a prescribed
class.
(2)
An application must be:
(a)
in or to the effect of the approved form,
and
(b)
accompanied by the fee prescribed by the
regulations.
24Determination of
application
(cf 1986 Act s20)
(1)
On receipt by the Authority of an application
under section 23:
(a)
where the Authority is satisfied that:
(i)
the application complies with the requirements of
section 23 (2), and
(ii)
the applicant is a fit and proper person to be
registered as an industry participant of the prescribed class in respect of
which the registration is sought, and
(iii)
the applicant has complied with any conditions
imposed under section 25 in relation to the applicant’s registration,
and
(iv)
in the case of a subsequent application referred
to in section 13 (6) or 29 (6)—the applicant has complied with any
conditions imposed under either subsection in relation to the
applicant’s registration as an industry
participant,
the Authority must register the applicant as such an
industry participant, or
(b)
where it is not so satisfied, the Authority must
refuse to register the applicant as such an industry
participant.
(2)
The Authority must give notice to an applicant,
in writing, of the applicant’s registration as an industry participant
of a prescribed class or of the refusal of the Authority to so register the
applicant, as the case may be, within 7 days after the date of registration or
refusal of registration.
(3)
Where the Authority refuses to register an
applicant as an industry participant on the ground that the person is not a
fit and proper person to be so registered, the Authority must, in the notice
under subsection (2), so inform the applicant.
25Conditions to be satisfied
before registration
(cf 1986 Act s21)
The regulations may prescribe, in relation to a
prescribed class of industry participants, conditions (including the passing
of any courses of training) with which an applicant for registration as an
industry participant of that class must comply before the applicant may be so
registered.
26Conditions on or during
registration
(1)
The Authority may register an industry
participant:
(a)
unconditionally, or
(b)
subject to conditions prescribed by the
regulations or of a kind prescribed by the
regulations.
(2)
A condition may be imposed:
(a)
at the time of registration,
or
(b)
during the currency of registration, subject to
any applicable requirements of section 29.
(3)
A person who is a registered industry participant
must comply with any conditions to which the person’s registration is
subject.
(4)
A contravention of subsection (3) is a
disciplinary breach attracting a fine.
(5)
This section does not limit any other power of
the Authority under this Act to impose conditions.
27Duration of
registration
(cf 1986 Act s22)
The registration of an industry participant
remains in force indefinitely, unless the registration is sooner
cancelled.
28Annual returns by registered
industry participants
(cf 1986 Act s24)
(1)
In order to avoid suspension of registration, a
person registered as an industry participant of a prescribed class must, not
earlier than 56 days and not later than 21 days before 31 December in each
year, forward an annual return to the Authority.
(2)
An annual return must be:
(a)
in or to the effect of the approved form,
and
(b)
accompanied by the fee prescribed by the
regulations.
(3)
The Authority may, in accordance with section 29,
suspend the registration of an industry participant if:
(a)
an annual return is not made and forwarded as
required by this section, or
(b)
the annual return is not accompanied by the
prescribed fee.
29Fines, suspension and other
sanctions
(cf 1986 Act s23)
(1)Definition
In this section:
disciplinary breach by a registered
industry participant means a contravention of this Act, the regulations or the
rules by the registered industry participant (whether or not the contravention
is declared to be a disciplinary breach attracting a fine), but does not
include a contravention of a kind prescribed by the
regulations.
(2)Circumstances in which action
may be taken
The Authority may take action under this section
in respect of registered industry participants in connection with:
(a)
disciplinary breaches by registered industry
participants, or
(b)
the health and safety of registered combatants,
or
(c)
other matters that the Authority considers should
be dealt with under this section.
(3)Show cause
notice
The Authority may, by notice in writing served on
a person who is a registered industry participant, require the person to show
cause, by a date and time specified in the notice (being a date not less than
14 days after the date of service of the notice) for any one or more of the
following:
(a)
why the person should not pay a fine of a
specified amount for a disciplinary breach attracting a
fine,
(b)
why a condition should not be imposed on the
person’s registration,
(c)
why the person’s registration should not be
suspended,
(d)
why the person’s registration should not be
cancelled.
The notice must specify the grounds on which the
action is proposed to be taken.
(4)Action if sufficient cause not
shown
If, by the date and time referred to in the
notice under subsection (3), a person has not shown sufficient cause as
referred to in that subsection, the Authority may, by order in writing, do any
one or more of the following (whether or not the action was that mentioned in
the notice):
(a)
impose a fine of a specified amount for a
disciplinary breach attracting a fine,
(b)
impose a condition on the person’s
registration,
(c)
suspend the person’s
registration,
(d)
cancel the person’s
registration.
(5)Conditions for suspension to
be lifted
If a person’s registration is suspended,
the Authority may impose such conditions as it thinks fit with which the
person must comply before consideration is given to lifting the
suspension.
(6)Conditions for re-registration
after cancellation
If a person’s registration is cancelled,
the Authority may impose such conditions as it thinks fit with which the
person must comply before any subsequent application by the person for
registration as an industry participant or combatant may be dealt with under
this Act.
(7)Notice of action
taken
The Authority must, within 7 days of taking
action under subsection (4) against a person, give the person written notice
of the action taken and of any conditions imposed under subsection (5) or
(6).
(8)Amount of
fine
The amount of a fine is such amount as the
Authority determines but not exceeding:
(a)
an amount equivalent to 50 penalty units, unless
paragraph (b) applies, or
(b)
a lower amount prescribed by the
regulations.
(9)Limitations may be
prescribed
The regulations may provide that:
(a)
action, or particular action, may only be taken
under this section in specified circumstances, or
(b)
action, or particular action, may not be taken
under this section in specified circumstances.
30Effect of
suspension
(1)
If a person’s registration as an industry
participant of a prescribed class is suspended, the person must not carry on
the business of, or be employed as, an industry participant of that class
while the suspension continues.
(2)
A contravention of subsection (1) is a
disciplinary breach attracting a fine.
(3)
The person’s registration as an industry
participant is not otherwise affected by the suspension.
31Lifting of
suspension
(1)
The Authority may lift the suspension of a
person’s registration as an industry participant if satisfied that it is
appropriate to do so.
(2)
Before lifting the suspension of a person’s
registration, the Authority may require the person to pay either or both of
the following:
(a)
the fee prescribed by the
regulations,
(b)
the whole or a specified part of any outstanding
annual fees.
32Register
(cf 1986 Act s18 (1))
(1)
The Authority must keep a register of industry
participants, in which are to be recorded:
(a)
the names and addresses of persons who are
registered as industry participants, and
(b)
the prescribed class of industry participants to
which each registered industry participant belongs, and
(c)
particulars of any conditions imposed under this
Part, and
(d)
particulars of any suspension or cancellation of
registration under this Part, and
(e)
such other particulars as may be prescribed by
the regulations.
(2)
A register may include such additional
particulars as the Authority thinks appropriate.
(3)
A register is to be kept in such manner and form
as the Authority thinks appropriate.
Part 4Professional combat sport
contests
Division 1Permit to promote professional
combat sport contest
33Division applies to single and
multiple contests
(cf 1986 Act s41)
In this Division (this section excepted) a
reference to a professional combat sport contest is a reference to:
(a)
a single professional combat sport contest,
or
(b)
2 or more professional combat sport contests,
where the contests are conducted on the one occasion and at the same
venue.
34Requirement for
permit
(cf 1986 Act s45)
(1)
An unregistered person must not promote a
professional combat sport contest unless a permit has been granted under
section 36 in respect of the contest.
Maximum penalty: 500 penalty units or
imprisonment for 12 months, or both.
(2)
A registered person must not promote a
professional combat sport contest unless a permit has been granted under
section 36 in respect of the contest.
(3)
A contravention of subsection (2) is a
disciplinary breach attracting a fine.
35Application for
permit
(cf 1986 Act s42)
(1)
A person may apply to the Authority for a permit
to promote a professional combat sport contest.
(2)
An application must be:
(a)
in or to the effect of the approved form,
and
(b)
accompanied by the fee (if any) prescribed by the
regulations, and
(c)
made not less than 21 days before the date of the
proposed contest.
36Determination of
application
(cf 1986 Act s43)
On receipt of an application under section 35 in
respect of a professional combat sport contest, the Authority may:
(a)
grant a permit to the applicant in respect of the
contest, subject to such conditions as the Authority thinks fit,
or
(b)
refuse to grant a permit in respect of the
contest.
37Notification of permit to
Commissioner of Police
(cf 1986 Act s44)
If the Authority grants a permit under section
36, it must, as soon as practicable afterwards, cause the Commissioner of
Police to be notified of the date, time and place of the professional combat
sport contest in respect of which the permit is
granted.
Division 2General regulation of
professional combat sport contests
38Conduct of professional combat
sport contests
(1)
The regulations may make provision for or with
respect to the conduct of professional combat sport contests, and (without
limitation) for or with respect to the health and safety of combatants who
are, will be or intend to be engaged in a professional combat sport
contest.
(2)
Without limiting subsection (1), the regulations
may make provision for or with respect to any or all of the following:
(a)
the holding of, and a combatant’s
participation in, a weigh-in before the combatant engages in a professional
combat sport contest,
(b)
the attendance of a combat sport inspector at a
weigh-in,
(c)
the recording of a combatant’s particulars
at a weigh-in for such a contest,
(d)
the attendance of a combat sport inspector at a
professional combat sport contest,
(e)
the attendance of a medical practitioner at a
professional combat sport contest (including any weigh-in held immediately
before the contest).
Division 3Health and safety of
combatants at professional combat sport contests
39Medical examination organised
by combatant
(cf 1986 Act s49)
(1)
A combatant must not engage in a professional
combat sport contest unless the combatant has, within the period of 24 hours
immediately before the contest:
(a)
requested a medical practitioner to exercise (in
relation to the combatant) the functions of an examining medical practitioner
under section 41, and
(b)
submitted to being examined by the medical
practitioner so as to enable the medical practitioner to exercise those
functions.
(2)
A contravention of subsection (1) is a
disciplinary breach attracting a fine.
40Medical examination directed
by Authority
(cf 1986 Act s50)
(1)Direction to submit to medical
examination by medical practitioner
The Authority may, by notice in writing served on
a combatant, direct the combatant to submit to a medical examination by a
specified medical practitioner on or before a specified
date.
(2)Direction to submit to
examination or investigation by qualified person on recommendation of medical
practitioner
The Authority, on the recommendation of a medical
practitioner, may, by notice in writing served on a combatant, direct the
combatant to submit on or before a specified date to an examination or
investigation by a qualified person to determine any particular matter or
thing concerning the combatant’s health and
safety.
(3)One or more directions may be
given
A notice under this section may give directions
in relation to one or more examinations or investigations by one or more
medical practitioners or other qualified persons.
(4)Combatant to comply with
direction
If a notice under this section is served on a
combatant, the combatant must not (except as may be permitted by the notice)
engage in a professional combat sport contest unless the combatant has
complied with the direction or directions given by the
notice.
(5)
A contravention of subsection (4) is a
disciplinary breach attracting a fine.
(6)Authority authorised to make
request to medical practitioner
The Authority may request a medical practitioner
referred to in this section to exercise (in relation to the combatant):
(a)
the functions of an examining medical
practitioner under section 41, or
(b)
such other functions relating to the health or
safety of the combatant as the Authority may specify in its
request,
or both.
(7)Authority authorised to make
request to qualified person
The Authority may request a qualified person
referred to in this section to conduct such an examination or investigation of
the combatant as the Authority may specify and to report to the Authority
concerning any such examination or investigation.
(8)Meaning of qualified
person
A reference in this section to a qualified person is a reference to a
person who is suitably qualified, in the opinion of the Authority, to
determine a particular matter or thing. A qualified person may but need not be
a medical practitioner.
41Functions of examining medical
practitioner
(cf 1986 Act s51)
The functions of an examining medical
practitioner under this section in relation to a combatant who proposes to
engage in a professional combat sport contest are as follows:
(a)
to conduct such an examination of the combatant
as is prescribed by the regulations,
(b)
to record the particulars prescribed by the
regulations in the combatant’s medical record book,
(c)
to certify in the combatant’s medical
record book whether or not, in the opinion of the medical practitioner, the
combatant is medically fit to engage in the proposed
contest,
(d)
if the medical practitioner has certified under
paragraph (c) that the combatant is not medically fit to engage in the
proposed contest and considers it to be in the interests of the health or
safety of the combatant to do so—to certify in the combatant’s
medical record book that, in the opinion of the medical practitioner, the
combatant should not engage in:
(i)
any professional combat sport contest,
or
(ii)
any professional combat sport contest or any
sparring,
before a specified date,
(e)
where the medical practitioner has given a
certificate under paragraph (c) or (d), without delay:
(i)
to notify the combatant and, where the
examination was carried out immediately before the proposed contest, the
combat sport inspector present at the contest of the matters as to which the
medical practitioner has certified, and
(ii)
to prepare and forward to the Authority a report
of the examination.
42Unfit combatant not to engage
in contests or sparring
(cf 1986 Act s52)
(1)
Except to the extent that the Authority, on the
advice or recommendation of a medical practitioner or after considering the
report of a medical practitioner, otherwise directs, the following provisions
have effect:
(a)
if, following a medical examination under section
40, a medical practitioner gives, in relation to a combatant and a proposed
professional combat sport contest, a certificate that, in the opinion of the
medical practitioner, the combatant is not medically fit to engage in that
contest—the combatant must not engage in that
contest,
(b)
if a medical practitioner certifies under section
41 (c) that, in the opinion of the medical practitioner, a combatant is not
medically fit to engage in a proposed professional combat sport
contest—the combatant must not engage in that
contest,
(c)
if a medical practitioner gives, in relation to a
combatant a certificate under section 41 (d)—the combatant must not,
before the date specified in the certificate, engage in any professional
combat sport contest or any sparring, or both, as may be specified in the
certificate,
(d)
if, following a medical examination under section
41, a medical practitioner gives, in relation to a combatant, a certificate to
the same effect as a certificate under section 41 (d)—the combatant must
not, before the date specified in the certificate, engage in any professional
combat sport contest or any sparring, or both, as may be specified in the
certificate.
(2)
Despite any direction given by the Authority
under subsection (1) or the opinion of any other medical practitioner, if the
medical practitioner present at a professional combat sport contest is of the
opinion, immediately before the contest, that the combatant is not medically
fit to engage in the contest, and so informs the combatant, the combatant must
not engage in the contest.
(3)
A contravention of subsection (1) or (2) is a
disciplinary breach attracting a fine.
43Obligation of
promoter—medical examination of combatant
(cf 1986 Act s53)
A person who promotes a professional combat sport
contest must not permit a combatant to engage in the contest if the combatant
has not complied with section 39 in relation to the contest.
Maximum penalty: 500 penalty units or
imprisonment for 12 months, or both.
44Obligation of
promoter—examination of medical record book
(cf 1986 Act s54)
A person who promotes a professional combat sport
contest must examine the medical record book of a combatant who proposes to
engage in that contest after the time when the combatant has complied with
section 39 in relation to that contest and before the time when the combatant
is due to be engaged in that contest.
Maximum penalty: 500 penalty
units.
45Obligation of
promoter—unfit combatant
(cf 1986 Act s55)
(1)
If a medical practitioner certifies under section
41 (c) that, in the opinion of the medical practitioner, a combatant is not
medically fit to engage in a proposed professional combat sport contest, the
promoter of the proposed contest must not permit the combatant to engage in
that contest.
Maximum penalty: 500 penalty units or
imprisonment for 12 months, or both.
(2)
Subsection (1) does not apply if the Authority,
on the advice or recommendation of a medical practitioner or after considering
the report of a medical practitioner, otherwise directs.
46Combatant to submit to medical
examination after contest
(cf 1986 Act s56)
(1)
A combatant must, immediately upon the conclusion
of a professional combat sport contest in which the combatant has been a
contestant, submit to a medical examination by a medical practitioner engaged
by the promoter of the contest to exercise (in relation to the combatant) the
functions of an examining medical practitioner under section
48.
(2)
A contravention of subsection (1) is a
disciplinary breach attracting a fine.
(3)
Subsection (1) does not apply where the combatant
is rendered unconscious or is otherwise unable to comply with the subsection
for medical reasons.
47Obligation of
promoter—combatant rendered unconscious or unable to submit to
examination by examining medical practitioner
(cf 1986 Act s57)
If a combatant who engages in a professional
combat sport contest is rendered unconscious or otherwise appears to the
promoter of the contest to be unable to comply with section 46, the promoter
must without delay arrange for a medical practitioner engaged by the promoter
to exercise, in relation to the combatant:
(a)
the functions of an examining medical
practitioner under section 48, and
(b)
such other functions as may be necessary in the
circumstances of the case.
Maximum penalty: 500 penalty units or
imprisonment for 12 months, or both.
48Functions of medical
practitioner after contest
(cf 1986 Act s58)
The functions of an examining medical
practitioner under this section in relation to a combatant who has engaged in
a professional combat sport contest are as follows:
(a)
to conduct such examination of the combatant as
is prescribed by the regulations,
(b)
to record the particulars prescribed by the
regulations in the combatant’s medical record book,
(c)
where the medical practitioner considers it to be
in the interests of the health or safety of the combatant to do so—to
certify in the combatant’s medical record book that, in the opinion of
the medical practitioner, the combatant should not engage in:
(i)
any professional combat sport contest,
or
(ii)
any professional combat sport contest or any
sparring,
before a specified date,
(d)
where the medical practitioner has given a
certificate under paragraph (c), without delay:
(i)
to notify the combatant and the combat sport
inspector present at the contest in which the combatant was engaged of the
matters as to which the medical practitioner has certified,
and
(ii)
to prepare and forward to the Authority a report
of the examination.
49Combatant not to engage in
further contests or sparring
(cf 1986 Act s59)
(1)
If a medical practitioner gives, in relation to a
combatant a certificate under section 48 (c), the combatant must not, before
the date specified in the certificate, engage in any professional combat sport
contest or any sparring, or both, as may be specified in the
certificate.
(2)
A contravention of subsection (1) is a
disciplinary breach attracting a fine.
(3)
Subsection (1) does not apply to the extent that
the Authority, on the advice or recommendation of a medical practitioner or
after considering the report of a medical practitioner,
directs.
Division 4Record of professional combat
sport contest
50Contest result
sheet
(cf 1986 Act s60)
(1)
For the purpose of making a record of a
professional combat sport contest, it is the duty of the combat sport
inspector present at the contest, and a function of the medical practitioner
so present, to write up in duplicate, and, by an original signature, to sign
each copy of, a contest result sheet in relation to the
contest.
(2)
The contest result sheet must be:
(a)
in or to the effect of the approved form,
and
(b)
written up in accordance with the directions on
the sheet.
51Forwarding of contest result
sheet
(cf 1986 Act s61)
(1)
The combat sport inspector present at a
professional combat sport contest is to send the original contest result sheet
to the Authority when completed.
(2)
The Authority must cause the information
contained in a contest result sheet forwarded to it under subsection (1) to be
filed in the office of the Authority for such time as it thinks
fit.
Division 5Prohibition of professional
combat sport contests at certain places
52Professional combat sport
contests prohibited at certain places
(cf 1986 Act s62)
(1)
An unregistered person must not promote, or
engage in, a professional combat sport contest at:
(a)
a place prescribed by the regulations,
or
(b)
a place of a class or description prescribed by
the regulations.
Maximum penalty: 500 penalty units or
imprisonment for 12 months, or both.
(2)
A registered person must not promote, or engage
in, a professional combat sport contest at:
(a)
a place prescribed by the regulations,
or
(b)
a place of a class or description prescribed by
the regulations.
(3)
A contravention of subsection (2) is a
disciplinary breach attracting a fine.
Part 5Amateur combat sport contests,
and amateur and professional wrestling contests
53Application of
Part
(cf 1986 Act s62A)
(1)
This Part applies to:
(a)
amateur combat sport contests,
and
(b)
wrestling contests, whether amateur or
professional (other than a wrestling contest referred to in subsection
(2)),
held for public entertainment.
(2)
This Part does not apply to a wrestling contest
if it is a professional combat sport contest within the meaning of this
Act.
Note—
Professional combat sport contests are regulated
by Part 4 and other provisions of this Act.
(3)
For the purposes of this section:
public
entertainment means:
(a)
entertainment to which admission may ordinarily
be gained by members of the public on payment of money, or other
consideration, as the price or condition of admission, or
(b)
the entertainment of:
(i)
patrons of any premises licensed under the
Liquor Act 2007, or
(ii)
the public or a section of the public at a
building or temporary structure subject to an approval, in force under Part 1
of Chapter 7 of the Local Government Act
1993, for use as a place of public entertainment (within
the meaning of that Act).
s 53: Am 2009 No 106,
Sch 5.2.
54Permit required for amateur
combat sport contests or wrestling contests
(cf 1986 Act s62B)
(1)
An unregistered person must not promote an
amateur combat sport contest or a wrestling contest:
(a)
without a permit under this Part,
or
(b)
contrary to the conditions subject to which such
a permit was granted.
Maximum penalty: 20 penalty
units.
(2)
A registered person must not promote an amateur
combat sport contest or a wrestling contest:
(a)
without a permit under this Part,
or
(b)
contrary to the conditions subject to which such
a permit was granted.
(3)
A contravention of subsection (2) is a
disciplinary breach attracting a fine.
55Application for
permit
(cf 1986 Act s62C (1))
(1)
A person may apply to the Minister for a permit
to promote an amateur combat sport contest or a wrestling
contest:
(2)
An application must be:
(a)
in or to the effect of the approved form,
and
(b)
made not less than 21 days before the date of the
proposed contest.
56Determination of
application
(cf 1986 Act s62C (2))
(1)
The Minister:
(a)
may grant a permit to promote an amateur combat
sport contest or a wrestling contest unconditionally or subject to such
conditions as the Minister thinks fit to impose, or
(b)
may refuse to grant a
permit.
(2)
A permit may be granted so as to authorise one or
more contests.
Part 6Disqualification
57Disqualification
(1)
The Authority may, by notice in writing served on
a person who is or has been registered under this Act, require the person to
show cause, by a date and time specified in the notice (being a date not less
than 14 days after the date of service of the notice), why the person should
not be disqualified under this section from participating in specified classes
of activities.
(2)
If, by the date and time referred to in the
notice under subsection (1), a person has not shown sufficient cause as
referred to in that subsection, the Authority may, by order in writing,
disqualify the person either:
(a)
indefinitely, or
(b)
for a period specified by the
Authority,
from participating in either or both of the
following:
(c)
specified kinds of activities prescribed by the
regulations relating to combat sports,
(d)
(if it is not a combat sport) any specified form
of sparring or wrestling.
(3)
Examples of the kinds of activities that may be
prescribed by the regulations as activities from which a person may be
disqualified include the following:
(a)
engaging in a specified combat sport as a
contestant,
(b)
engaging in or being employed in any profession,
occupation or business, whether on a full-time, part-time or casual basis, in
relation to a combat sport (whether or not in connection with a professional
combat sport contest, an amateur combat sport contest or a wrestling
contest),
(c)
attending any premises at which a professional
combat sport contest, an amateur combat sport contest or a wrestling contest
is being held or is to be held within a specified period on a day when the
contest is or is to be held,
(d)
attending specified premises where training for
any combat sport is conducted, whether generally or during particular
periods.
(4)
The Authority must, within 7 days of taking
action under subsection (2) against a person, give the person written notice
of the action taken.
(5)
The Authority may vary or revoke an order of
disqualification.
(6)
The regulations may make provision for or with
respect to the making, variation or revocation of orders of
disqualification.
58Effect of
disqualification
(1)
An unregistered person who is disqualified under
this Part must not participate in any activity specified in an order of
disqualification in force in respect of the person.
Maximum penalty: 500 penalty units or
imprisonment for 12 months, or both.
(2)
A registered person who is disqualified under
this Part must not participate in any activity specified in an order of
disqualification in force in respect of the person.
(3)
A contravention of subsection (2) is a
disciplinary breach attracting a fine.
Part 7Administrative review by Civil
and Administrative Tribunal
pt 7, hdg: Subst 2013
No 95, Sch 2.32 [1].
59Administrative review of
decisions by Civil and Administrative Tribunal
(cf 1986 Act s28)
A person may apply to the Civil and
Administrative Tribunal for an administrative review under the Administrative Decisions Review Act
1997 of any of the following decisions:
(a)
a decision under section 9 (1) (a) (v) that the
person be registered for a specified period,
(b)
a decision under section 9 (1) (b) to refuse to
register the person as a combatant where the refusal is on the ground that the
person is not a fit and proper person,
(c)
a decision under section 10 to impose conditions
in respect of the person,
(d)
a decision under section 13 (4) to take action of
the kind referred to in that subsection in respect of the
person,
(e)
a decision under section 24 (1) (b) to refuse to
register the person as an industry participant where the refusal is on the
ground that the person is not a fit and proper person,
(f)
a decision under section 26 to impose conditions
in respect of the person,
(g)
a decision under section 29 (4) to take action of
the kind referred to in that subsection in respect of the
person,
(h)
a decision under section 36 (b) to refuse to
grant a permit to the person in respect of a professional combat sport
contest,
(i)
a decision under section 41 to give a certificate
that the person is not medically fit to engage in a proposed professional
combat sport contest,
(j)
a decision under section 56 to refuse to grant a
permit to the person to promote an amateur combat sport contest or a wrestling
contest,
(k)
a decision under section 57 to disqualify a
person from participating in certain activities.
s 59: Am 2013 No 95,
Sch 2.32 [2].
Part 8Combat Sports
Authority
60Combat Sports
Authority
(cf 1986 Act s4)
(1)
There is constituted by this Act a corporation
under the corporate name of the Combat Sports Authority of New South
Wales.
(2)
The Authority:
(a)
has and may exercise the functions conferred or
imposed on it by or under this or any other Act, and
(b)
is a NSW Government agency,
and
(c)
is, in the exercise of its functions (except in
relation to the contents of a report or recommendation made by it to the
Minister), subject to the control and direction of the
Minister.
(3)
The Authority cannot employ any
staff.
Note—
Staff may be employed under Chapter 1A of the
Public Sector Employment and Management Act
2002 in the Government Service to enable the Authority to
exercise its functions.
(4)
The Authority consists of not fewer than 7 and
not more than 9 part-time members appointed by the
Governor.
(5)
Of the members:
(a)
one is, in and by the instrument by which the
member is appointed, to be appointed as the Chairperson of the Authority,
and
(b)
one is to be a medical practitioner nominated by
the Australian Sports Medicine Federation, New South Wales
Branch.
(6)
The Minister may make such arrangements as the
Minister considers appropriate for the receipt of nominations for the purposes
of subsection (5) (b).
(7)
Schedule 1 has effect with respect to the
constitution and procedure of the Authority.
Part 9Miscellaneous
61Appointment of combat sport
inspectors and exercise of inspectorial powers by others
(cf 1986 Act s63A)
(1)
The Authority may appoint an officer of the
Department to be a combat sport inspector for the purposes of this
Act.
(2)
A combat sport inspector has such functions as
are conferred or imposed on combat sport inspectors by or under this
Act.
(3)
The Authority may authorise a member of the
Authority to exercise functions conferred or imposed on combat sport
inspectors by or under this Act, subject to the limitations (if any) specified
in the authorisation. A member so authorised is, subject to any such
limitations, taken to be a combat sport inspector.
(4)
The regulations may make provision for or with
respect to authorising police officers to exercise functions conferred or
imposed on combat sport inspectors by or under this Act, subject to the
limitations (if any) specified in the regulations or in the authorisation. A
police officer so authorised is, subject to any such limitations, taken to be
a combat sport inspector.
62Delegation
(cf 1986 Act s64)
(1)
The Minister may delegate to a person the
exercise of the Minister’s functions under section 56 or 72 (or
both).
(2)
The Authority may delegate to a person the
exercise of any of its functions, other than:
(a)
this power of delegation, and
(b)
any function of the Minister delegated to it
under subsection (1), unless the instrument of delegation by the Minister
permits subdelegation.
63Service of
documents
(cf 1986 Act s66)
(1)
A document may be served on the Authority by
leaving it at, or by sending it by post to:
(a)
the office of the Authority,
or
(b)
if it has more than one office—any one of
its offices.
(2)
Nothing in subsection (1) affects the operation
of any provision of a law or of the rules of a court authorising a document to
be served on the Authority in a manner not provided for by subsection
(1).
(3)
A notice required or permitted by this Act to be
served on a person by the Authority may be served personally or by mail
addressed to the person at the address last shown in the records of the
Authority as the person’s address.
64Recovery of fines, fees or
other money by Authority
(cf 1986 Act s68)
Any fine, fee or other money due to the Authority
may be recovered by the Authority as a debt in a court of competent
jurisdiction.
65Evidence
(cf 1986 Act ss7(2), 18(2))
(1)
A certificate purporting to have been signed by
the Authority or a delegate and stating:
(a)
that on a specified day, or during a specified
period, a specified person was, or was not, registered as a combatant of a
specified class, or
(b)
that on a specified day the registration of a
specified person as a combatant of a specified class had been cancelled under
a specified provision of this Act, or
(c)
that on a specified day, or during a specified
period, the registration of a specified person as a combatant of a specified
class was in a state of suspension,
is admissible in evidence in any proceedings and is
evidence of the truth of the statement.
(2)
A certificate purporting to have been signed by
the Authority or a delegate and stating:
(a)
that, on a specified day or during a specified
period, a specified person was, or was not, registered as an industry
participant of a specified class, or
(b)
that on a specified day the registration of a
specified person as an industry participant of a specified class had been
cancelled under a specified provision of this Act, or
(c)
that on a specified day, or during a specified
period, the registration of a specified person as an industry participant of a
specified class was in a state of suspension,
is admissible in evidence in any proceedings and is
evidence of the truth of the statement.
(3)
A certificate purporting to have been signed by
the Authority or a delegate and stating that, on a specified day or during a
specified period, a specified person was disqualified under this Act in
relation to specified classes of activities is admissible in evidence in any
proceedings and is evidence of the truth of the
statement.
66Proof of certain matters not
required
(cf 1986 Act s69)
In any legal proceedings, proof is not required
(until evidence is given to the contrary) of:
(a)
the constitution of the Authority,
or
(b)
any resolution of the Authority,
or
(c)
the appointment of, or the holding of office by,
any member of the Authority, or
(d)
the presence of a quorum at any meeting of the
Authority.
67Liability of members and
others
(cf 1986 Act sch 1, cl 9)
No matter or thing done by the Authority, any
member of the Authority or any person acting under the direction of the
Authority, if the matter or thing was done in good faith for the purposes of
executing this or any other Act, subjects a member of the Authority or a
person so acting personally to any action, liability, claim or
demand.
68Supply of
information
(1)
The Authority may enter into arrangements, with
sporting bodies and law enforcement agencies in Australia and elsewhere,
concerning the provision of information by and to the Authority in relation
to:
(a)
the registration, and the suspension or
cancellation of the registration, of persons under this Act,
and
(b)
the accreditation, and the suspension or
cancellation of the accreditation, of persons otherwise than under this Act,
and
(c)
without limiting paragraphs (a) and (b):
(i)
the suitability of persons to be registered or
accredited or to retain registration or accreditation, and
(ii)
details of disciplinary action commenced or taken
against any such person, and
(iii)
details of the grounds on which disciplinary
action might be taken against any such person, and
(d)
any other matters for the time being approved by
the Minister.
(2)
The Authority, and sporting bodies and law
enforcement agencies of the State, may provide, seek and receive information
in accordance with any arrangement referred to in subsection
(1).
(3)
In subsection (1):
accreditation means the
registration, licensing or other accreditation (however described) of persons
who participate or seek to participate in combat sports as contestants or
industry participants (however described) in Australia or
elsewhere.
69Exemptions for persons not
resident in the State
(cf 1986 Act s63)
(1)
The Authority may, by notification published in
the Gazette, exempt any person named in the notification or any class or
description of persons specified in the notification from the operation of
this Act or such of the provisions of this Act as are specified in the
notification.
(2)
The Authority must not, under subsection (1),
exempt a person who is ordinarily resident in New South Wales or a class or
description of persons who are ordinarily so resident.
(3)
An exemption under subsection (1) may be granted
subject to such terms or conditions as are specified in the notification by
which the exemption is granted.
(4)
The Authority may, by notification published in
the Gazette, revoke, alter or vary a notification referred to in subsection
(1).
(5)
This section does not limit the power to make
regulations for or with respect to the exemption of persons or classes of
persons from provisions of this Act.
70Offences by
corporations
(cf 1986 Act s70)
(1)
If a corporation contravenes, whether by act or
omission, any provision of this Act or the regulations, each person who is a
director of the corporation or who is concerned in the management of the
corporation is taken to have contravened the same provision if the person
knowingly authorised or permitted the contravention.
(2)
A person may be proceeded against and convicted
under a provision pursuant to subsection (1) whether or not the corporation
has been proceeded against or been convicted under that
provision.
(3)
Nothing in this section affects any liability
imposed on a corporation for an offence committed by the corporation against
this Act or the regulations.
71Nature of proceedings for
offences
(cf 1986 Act s71)
(1)
Proceedings for an offence under this Act or the
regulations may be dealt with:
(a)
summarily before the Local Court,
or
(b)
summarily before the Supreme Court in its summary
jurisdiction.
(2)
If proceedings are brought in the Local Court,
the maximum monetary penalty that the Local Court may impose for the offence
is the lesser of:
(a)
50 penalty units, despite any higher maximum
monetary penalty provided in respect of the offence, or
(b)
the maximum monetary penalty provided by this Act
in respect of the offence.
s 71: Am 2008 No 116,
Sch 2.2 [1] [2].
72Approved
forms
The Minister may approve forms for the purposes
of this Act.
73Regulations
(cf 1986 Act s72)
(1)
The Governor may make regulations, not
inconsistent with this Act, for or with respect to any matter that by this Act
is required or permitted to be prescribed or that is necessary or convenient
to be prescribed for carrying out or giving effect to this
Act.
(2)
In particular, regulations may be made for or
with respect to the following:
(a)
the use and custody of the seal of the
Authority,
(b)
any matter in relation to which a rule may be
made,
(c)
the exemption of persons or classes of persons,
or combat sports or classes or aspects of combat sports, from provisions of
this Act,
(d)
the revocation of, and the imposition or
variation of conditions on, permits after they have been granted under this
Act.
(3)
The regulations may contain provisions of a
savings or transitional nature consequent on regulations made for the purposes
of or in connection with the definition of combat sport in section 3
(1).
(4)
The regulations may create an offence punishable
by a penalty not exceeding 50 penalty units.
(5)
The regulations may declare a contravention of
the regulations to be a disciplinary breach attracting a fine, but cannot make
such a declaration if the contravention is punishable as an
offence.
Note—
A contravention that is declared to be a
disciplinary breach attracting a fine can be dealt with by the Authority by
way of imposition of a fine (see sections 13 and 29).
(6)
In the event of any inconsistency between a
regulation and a rule, the regulation prevails to the extent of the
inconsistency.
74Rules
(cf 1986 Act s73)
(1)
The Authority may make rules, not inconsistent
with this Act, for or with respect to any aspect of professional engagement in
combat sports in New South Wales.
(2)
Without limiting subsection (1), rules may be
made for or with respect to all or any of the following:
(a)
any of the functions of the
Authority,
(b)
medical record books and medical record
cards,
(c)
the appointment and functions of an executive
officer of the Authority,
(d)
the appointment, functions and remuneration of
combat sport inspectors for the purposes of this Act,
(e)
the appointment of, and fees payable to, combat
sport officials,
(f)
the establishment of ratings for
combatants,
(g)
combat sport titles,
(h)
combat sport equipment,
(i)
contracts between combatants and industry
participants,
(j)
the regulation of professional combat sport
contests,
(k)
the accreditation and functions of medical
officers in connection with professional combat sport
contests,
(l)
rest periods for combatants,
(m)
age limits for registered
combatants,
(n)
the undertaking of guarantees, and the lodgement
of security deposits, by promoters of professional combat sport
contests,
(o)
the making and observance of codes of conduct for
registered combatants and registered industry
participants.
(3)
The rules may declare a contravention of the
rules to be a disciplinary breach attracting a fine.
(4)
A rule cannot be made except with the approval of
the Minister.
(5)
A rule:
(a)
must be published in the Gazette,
and
(b)
takes effect on and from the date of publication
or a later date specified in the rule.
(6)
A provision of a rule may:
(a)
apply generally or be limited in its application
by reference to specified exceptions or factors, or
(b)
apply differently according to different factors
of a specified kind, or
(c)
authorise any matter or thing to be from time to
time determined, applied or regulated by any specified person or
body,
or may do any combination of those
things.
75Repeal of Boxing
and Wrestling Control Act 1986 No 11
(cf 1986 Act s74)
The Boxing and
Wrestling Control Act 1986 is
repealed.
76
s 76: Rep 2011 No 27,
Sch 4.
77Savings and transitional
provisions
(cf 1986 Act s75)
Schedule 3 has effect.
78Review of
Act
(1)
The Minister is to review this Act to determine
whether the policy objectives of the Act remain valid and whether the terms of
the Act remain appropriate for securing those
objectives.
(2)
The review is to be undertaken as soon as
possible after the period of 5 years from the date of assent to this
Act.
(3)
A report on the outcome of the review is to be
tabled in each House of Parliament within 12 months after the end of the
period of 5 years.
Schedule 1Constitution and procedure of
the Authority
(Section 60)
Part 1General
1Definitions
In this Schedule:
Chairperson means the Chairperson of
the Authority.
member means any member of the
Authority.
Part 2Constitution
2Terms of office of
members
Subject to this Schedule, a member holds office
for such period (not exceeding 4 years) as is specified in the member’s
instrument of appointment, but is eligible (if otherwise qualified) for
re-appointment.
3Remuneration
A member is entitled to be paid such remuneration
(including travelling and subsistence allowances) as the Minister may from
time to time determine in respect of the member.
4Deputies
(1)
The Minister may, from time to time, appoint a
person to be the deputy of a member, and the Minister may revoke any such
appointment.
(2)
In the absence of a member, the member’s
deputy may, if available, act in the place of the
member.
(3)
While acting in the place of a member, a
person:
(a)
has all the functions of the member and is taken
to be a member, and
(b)
is entitled to be paid such remuneration
(including travelling and subsistence allowances) as the Minister may from
time to time determine in respect of the person.
(4)
For the purposes of this clause, a vacancy in the
office of a member is taken to be an absence of the
member.
5Vacancy in office of
member
(1)
The office of a member becomes vacant if the
member:
(a)
dies, or
(b)
completes a term of office and is not
re-appointed, or
(c)
resigns the office by instrument in writing
addressed to the Minister, or
(d)
is removed from office by the Governor under this
clause, or
(e)
is absent from 4 consecutive meetings of the
Authority of which reasonable notice has been given to the member personally
or by post:
(i)
except on leave granted by the Minister,
or
(ii)
unless the member is excused by the Minister for
having been absent from those meetings before the expiration of 4 weeks after
the last of those meetings, or
(f)
becomes bankrupt, applies to take the benefit of
any law for the relief of bankrupt or insolvent debtors, compounds with his or
her creditors or makes an assignment of his or her remuneration for their
benefit, or
(g)
becomes a mentally incapacitated person,
or
(h)
is convicted in New South Wales of an offence
that is punishable by imprisonment for 12 months or more or is convicted
elsewhere than in New South Wales of an offence that, if committed in New
South Wales, would be an offence so punishable.
(2)
The Governor may at any time remove a member from
office.
(3)
Without affecting the generality of subclause
(2), the Governor may remove from office a member who contravenes the
provisions of clause 7.
6Filling of vacancy in office
of member
(1)
If:
(a)
the office of the member referred to in section
60 (5) (b) becomes vacant, or
(b)
the membership of the Authority (not counting any
deputies of members) is reduced to fewer than 7 members as a result of the
office of a member becoming vacant,
a person is, subject to this Act, to be appointed to
fill the vacancy.
(2)
A person may, subject to this Act, be appointed
to fill any vacancy other than a vacancy that is to be filled under subclause
(1).
7Disclosure of pecuniary
interests
(1)
If:
(a)
a member has a direct or indirect pecuniary
interest in:
(i)
a matter being considered or about to be
considered at a meeting of the Authority, or
(ii)
a thing being done or about to be done by the
Authority, and
(b)
the interest appears to raise a conflict with the
proper performance of the member’s duties in relation to the
consideration of the matter,
the member must, as soon as possible after the relevant
facts have come to the member’s knowledge, disclose the nature of the
interest at a meeting of the Authority.
(2)
A disclosure by a member at a meeting of the
Authority that the member:
(a)
is a member, or is in the employment, of a
specified company or other body, or
(b)
is a partner, or is in the employment, of a
specified person, or
(c)
has some other specified interest relating to a
specified company or other body or to a specified
person,
is a sufficient disclosure of the nature of the interest
in any matter or thing relating to that company or other body or to that
person that may arise after the date of the disclosure and that is required to
be disclosed under subclause (1).
(3)
Particulars of any disclosure made under this
clause must be recorded by the Authority in a book kept for the purpose and
that book must be open at all reasonable hours for inspection by any person on
payment of the fee determined by the Authority.
(4)
After a member has disclosed the nature of an
interest in any matter or thing, the member must not, unless the Minister or
the Authority otherwise determines:
(a)
be present during any deliberation of the
Authority with respect to the matter or thing, or
(b)
take part in any decision of the Authority with
respect to the matter or thing.
(5)
For the purposes of the making of a determination
by the Authority under subclause (4), a member who has a direct or indirect
pecuniary interest in a matter or thing to which the disclosure relates must
not:
(a)
be present during any deliberation of the
Authority for the purpose of making the determination, or
(b)
take part in the making of the determination by
the Authority.
(6)
A contravention of this clause does not
invalidate any decision of the Authority.
(7)
A reference in this clause to a meeting of the Authority includes a
reference to a meeting of a committee of the Authority.
8Effect of certain other
Acts
(1)
The Public Sector
Employment and Management Act 2002 does not apply to the
appointment of an appointed member and an appointed member is not, as such a
member, subject to that Act (except Chapter 5).
(2)
If by or under any Act provision is made:
(a)
requiring a person who is the holder of a
specified office to devote the whole of his or her time to the duties of that
office, or
(b)
prohibiting the person from engaging in
employment outside the duties of that office,
the provision does not operate to disqualify the person
from holding that office and also the office of a member or from accepting and
retaining any remuneration payable to the person under this Act as a
member.
Part 3Procedure
9General
procedure
The procedure for the calling of meetings of the
Authority and for the conduct of business at those meetings is, subject to
this Act and the regulations, to be as determined by the
Authority.
10Quorum
The quorum for a meeting of the Authority is a
majority of its members.
11Presiding
member
(1)
The Chairperson (or, in the absence of the
Chairperson, another member elected as chairperson for the meeting by the
members present) is to preside at a meeting of the
Authority.
(2)
The presiding member has a deliberative vote and,
in the event of an equality of votes, has a second or casting
vote.
12Voting
A decision supported by a majority of the votes
cast at a meeting of the Authority at which a quorum is present is the
decision of the Authority.
13Minutes
The Authority must cause full and accurate
minutes to be kept of the proceedings of each meeting of the
Authority.
14Transaction of business
outside meetings or by telecommunication
(1)
The Authority may, if it thinks fit, transact any
of its business by the circulation of papers among all the members of the
Authority for the time being, and a resolution in writing approved in writing
by a majority of those members is taken to be a decision of the
Authority.
(2)
The Authority may, if it thinks fit, transact any
of its business at a meeting at which members (or some members) participate by
telephone, closed-circuit television or other means, but only if any member
who speaks on a matter before the meeting can be heard by the other
members.
(3)
For the purposes of:
(a)
the approval of a resolution under subclause (1),
or
(b)
a meeting held in accordance with subclause
(2),
the Chairperson and each member have the same voting
rights as they have at an ordinary meeting of the
Authority.
(4)
A resolution approved under subclause (1) is,
subject to the regulations, to be recorded in the minutes of the meetings of
the Authority.
(5)
Papers may be circulated among the members for
the purposes of subclause (1) by facsimile or other transmission of the
information in the papers concerned.
15First
meeting
The Minister may call the first meeting of the
Authority in such manner as the Minister thinks fit.
Schedule 2
sch 2: Rep 2011 No
27, Sch 4.
Schedule 3Savings and transitional
provisions
(Section 77)
Part 1General
1Regulations
(1)
The regulations may contain provisions of a
savings or transitional nature consequent on the enactment of the following
Acts:
this Act
(2)
Any such provision may, if the regulations so
provide, take effect from the date of assent to the Act concerned or a later
date.
(3)
To the extent to which any such provision takes
effect from a date that is earlier than the date of its publication in the
Gazette, the provision does not operate so as:
(a)
to affect, in a manner prejudicial to any person
(other than the State or an authority of the State), the rights of that person
existing before the date of its publication, or
(b)
to impose liabilities on any person (other than
the State or an authority of the State) in respect of anything done or omitted
to be done before the date of its publication.
Part 2Provisions consequent on
enactment of this Act
2Definition
In this Part:
the
former Act means the Boxing and
Wrestling Control Act 1986.
3General
provision
Subject to this Schedule, anything done or
omitted to be done or commenced to be done under or in relation to a provision
of the former Act is taken to have been done or omitted or commenced to be
done under or in relation to the corresponding provision of this
Act.
4References to Boxing
Authority
A reference (however expressed) in any Act or
statutory instrument, or any other instrument, or any contract or agreement to
the Boxing Authority of New South Wales is taken to be or to include a
reference to the Combat Sports Authority of New South
Wales.
5Members of Boxing
Authority
A person holding office as a member of the Boxing
Authority immediately before the commencement of section 60:
(a)
ceases to hold office as a member of the Boxing
Authority on that commencement, and
(b)
does not become a member of the Combat Sports
Authority whether by virtue of clause 4 or
otherwise,
but is eligible (if otherwise qualified) to be appointed
as a member of the Combat Sports Authority.
6Registration of
boxers
(1)
A person registered under Part 3 of the former
Act as a boxer immediately before the commencement of Part 2 of this Act is
taken to be correspondingly registered under Part 2 of this Act as a
combatant:
(a)
for the balance of the period for which the
person was registered under the former Act had this Act not been enacted,
and
(b)
for such further period (if any) not exceeding 12
months as may be specified by the Authority in relation to the person or class
of persons to which the person belongs,
unless it sooner expires under this clause or is sooner
cancelled under this Act.
(2)
The registration provided by this clause expires
when registration is granted under Part 2 of this Act to the person as a
combatant of the corresponding prescribed class.
(3)
The registration provided by this clause is
otherwise subject to the provisions of this Act (including, for example,
provisions relating to the suspension of registration and the imposition of
conditions on registration, but excluding section 11 and any other
inconsistent provision).
7Registration of industry
participants
(1)
A person registered under Part 4 of the former
Act as an industry participant immediately before the commencement of Part 3
of this Act is taken to be correspondingly registered under Part 3 of this Act
as an industry participant:
(a)
for the balance of the period for which the
person was registered under the former Act had this Act not been enacted,
and
(b)
for such further period (if any) not exceeding 12
months as may be specified by the Authority in relation to the person or class
of persons to which the person belongs,
unless it sooner expires under this clause or is sooner
cancelled under this Act.
(2)
The registration provided by this clause expires
when registration is granted under Part 3 of this Act to the person as an
industry participant of the corresponding prescribed
class.
(3)
The registration provided by this clause is
otherwise subject to the provisions of this Act (including, for example,
provisions relating to the suspension of registration and the imposition of
conditions on registration, but excluding section 27 and any other
inconsistent provision).
8Other provisions relating to
registration
(1)
A requirement to show cause made under section 11
(1) of the former Act (not earlier than 14 days before the commencement of
section 13 of this Act) is taken to be a requirement made under section 13 (3)
of this Act.
(2)
A requirement to show cause made under section 23
(1) of the former Act (not earlier than 14 days before the commencement of
section 29 of this Act) is taken to be a requirement made under section 29 (3)
of this Act.
(3)
A cancellation or suspension of registration
under section 11 of the former Act, or a reduction of the period of a
registration under section 11 (2) (c) of that Act, that affected any person
immediately before the commencement of section 13 of this Act continues to
affect the person as if it were a cancellation, suspension or reduction
effected under section 13 of this Act.
(4)
A cancellation or suspension of registration
under section 23 of the former Act that affected any person immediately before
the commencement of section 29 of this Act continues to affect the person as
if it were a cancellation or suspension effected under section 29 of this
Act.
9Medical record
book
A medical record book issued under the former Act
is taken to be a medical record book issued under this
Act.
10Weigh-ins
A weigh-in conducted in accordance with the
former Act before the commencement of section 38 of this Act, in connection
with a boxing contest held on or after the commencement of that section, is
taken to have been carried out in accordance with any applicable
regulations.
11Definition of
“professional combat sport contest”—earlier
events
(1)
This clause has effect for the purposes of
paragraph (b) of the definition of professional combat sport contest in
section 3 (1).
(2)
The reference in that paragraph to an earlier
event includes an event conducted while the former Act was in force, where the
event was a boxing contest as defined in the former Act. The reference does
not otherwise include an earlier event held while the former Act was in
force.
12Disqualification
A reference in section 57 to a person who has
been registered under this Act includes a reference to a person who has been
registered under the former Act.
Historical
notes
Table of amending
instruments
Combat Sports Act
2008 No 116. Assented to 10.12.2008. Date of commencement,
1.10.2009, sec 2 and 2009 (469) LW 18.9.2009. This Act has been amended by Sch
2.2 to this Act and as follows:
2009
No
106
Statute Law
(Miscellaneous Provisions) Act (No 2) 2009. Assented to
14.12.2009.
Date of commencement of Sch 5, 8.1.2010, sec 2
(2).
2011
No
27
Statute Law
(Miscellaneous Provisions) Act 2011. Assented to
27.6.2011.
Date of commencement of Sch 4, 8.7.2011, sec 2
(2).
2013
No
95
Civil and
Administrative Legislation (Repeal and Amendment) Act
2013. Assented to 20.11.2013.
Date of commencement, 1.1.2014, sec
2.
Table of
amendments
Sec
53
Am 2009 No
106, Sch 5.2.
Part 7,
heading
Subst 2013
No 95, Sch 2.32 [1].
Sec
59
Am 2013 No
95, Sch 2.32 [2].
Sec
71
Am 2008 No
116, Sch 2.2 [1] [2].
Sec
76
Rep 2011 No
27, Sch 4.
Sch
2
Rep 2011 No
27, Sch 4.