Combat Sports Regulation 2009

Part 1 Preliminary

1 Name of Regulation

This Regulation is the Combat Sports Regulation 2009.

2 Commencement

(1)  This Regulation (except clause 4) commences on 1 October 2009 and is required to be published on the NSW legislation website.

(2)  Clause 4 commences on 1 January 2010.

3 Definitions

(1)  In this Regulation:

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.

approved form includes a form approved under clause 56 by the Minister or the Minister’s delegate.

combat sport inspector means a person appointed by the Authority as a combat sport inspector for the purposes of the Act. A member of the Authority or a police officer is, if appropriately authorised, taken to be a combat sport inspector.

Note—

Section 61 of the Act 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). See clause 53 as regards police officers and clause 54 generally.

combatant means a person who engages in a combat sport as a contestant in professional combat sport contests.

Note—

The term combat sport is defined by the Act to cover fist fighting and kick boxing, and also any other prescribed sport, martial art or activity. Clause 4 of this Regulation prescribes additional sports, martial arts or activities for that purpose, and the terms combat sport and combatant accordingly have this expanded scope when used in this Regulation.

negative serological test result means the result of a serological test of a person that discloses that the person is:

(a)  HIV negative, and

(b)  Hepatitis B antigen negative or immune, and

(c)  Hepatitis C negative.

protective material means any of the following worn or used, or to be worn or used, by a combatant as equipment in a professional combat sport contest:

(a)  gloves,

(b)  padding,

(c)  bandages,

(d)  taping,

(e)  similar material.

serological test means a blood test of a person that discloses whether or not the person is:

(a)  HIV negative, or

(b)  Hepatitis B antigen negative or immune, or

(c)  Hepatitis C negative.

the Act means the Combat Sports Act 2008.

the combat sport inspector, in relation to a professional combat sport contest or weigh-in for a professional combat sport contest, means the combat sport inspector present at the contest or weigh-in in accordance with clause 32.

(2)  Notes included in this Regulation do not form part of this Regulation.

4 Additional sports, martial arts or activities prescribed as combat sports

For the purposes of paragraph (c) of the definition of combat sport in section 3 (1) of the Act, the following sports, martial arts or activities in any of their recognised styles are prescribed as combat sports:

(a)  Wrestling,

(b)  Muay Thai,

(c)  Thai Boxing,

(d)  Mixed Martial Arts (MMA),

(e)  Ultimate Fighting,

(f)  Cage Fighting,

(g)  Ju-jitsu or Jiu-jitsu.

4A Meaning of professional combat sport contest

A contest, display or exhibition of a combat sport between persons is a professional combat sport contest for the purposes of section 3 (1) of the Act where at least one of the persons is or has been a registered combatant.

cl 4A: Ins 2011 (529), Sch 1 [1].

5 Determination of certain events to be professional combat sport contests

(1) Purpose of this clause This clause applies for the purpose of ascertaining the times by which a determination of the Authority under section 4 of the Act must be made, and be published or served, before the start of an event to which the determination relates, and accordingly prescribes those times for the purposes of section 4 (4) and (5) of the Act.

(2) Time by which determination must be made in order to be effective For the purposes of section 4 (4) of the Act, the prescribed time by which the determination must be made for the determination to have effect is:

(a)  the start of the period of 7 days immediately before the event date, if the Authority is informed of the holding of the event and the event date before the start of the period of 10 days immediately before the event date, or

(b)  the start of the period of 3 days immediately before the event date, if the Authority is not informed of the holding of the event or the event date until after the start of the 10-day period.

(3) Time by which determination must be published or served in order to be effective For the purposes of section 4 (5) of the Act, the prescribed time before which notice of the terms of the determination must be published or served for the determination to have effect is:

(a)  the start of the period of 7 days immediately before the event date, if the Authority is informed of the holding of the event and the event date before the start of the period of 10 days immediately before the event date, or

(b)  the start of the period of 3 days immediately before the event date, if the Authority is not informed of the holding of the event or the event date until after the start of the 10-day period.

(4) Definitions In this clause:

event means a contest, display or exhibition referred to in section 4 of the Act.

event date means the date on which an event is or is to be held.

Part 2 Registration of combatants

Division 1 Registration

6 Prescribed classes of combatants

For the purposes of section 7 of the Act, the following classes of combatants are prescribed:

(a)  Boxers (Fist Fighting), being persons who engage in Boxing (Fist Fighting) in any of its styles,

(b)  Boxers (Kick Boxing), being persons who engage in Kick Boxing in any of its styles,

(c)  Wrestlers, being persons who engage in Wrestling in any of its styles,

(d)  Muay Thai Participants, being persons who engage in Muay Thai in any of its styles,

(e)  Thai Boxing Participants, being persons who engage in Thai Boxing in any of its styles,

(f)  Mixed Martial Arts Participants, being persons who engage in Mixed Martial Arts in any of its styles,

(g)  Ultimate Fighting Participants, being persons who engage in Ultimate Fighting in any of its styles,

(h)  Cage Fighting Participants, being persons who engage in Cage Fighting in any of its styles,

(i)  Ju-jitsu Participants, being persons who engage in Ju-jitsu or Jiu-jitsu in any of its styles.

7 Fee for registration

For the purposes of section 8 (2) (b) (ii) of the Act, the prescribed fee to accompany an application for registration as a combatant is $100.

8 Application for further registration during period of fixed registration

(1)  This clause applies if a person’s registration as a combatant is for a fixed period.

(2)  For the purposes of section 11 (2) of the Act, the person may apply for further registration during the period of one month before the fixed period expires.

Note—

The person may also apply for further registration after the fixed period.

9 Fee to accompany annual return

For the purposes of section 12 (2) (b) (ii) of the Act, the prescribed fee to accompany a registered combatant’s annual return is $100.

10 Fee for lifting of suspension

For the purposes of section 16 (2) (a) of the Act, the prescribed fee that the Authority may require a person to pay before lifting the suspension of the person’s registration as a combatant is $250.

11 Serological test result

(1)  A person is not eligible to be registered as a combatant unless the certificate of fitness accompanying the application for registration includes or is accompanied by a negative serological test result for the person that is not more than one month old.

(2)  The certificate of fitness accompanying the annual return for a registered combatant must be accompanied by the result of a serological test that is not more than one month old.

12 Register of combatants—additional particulars to be recorded

For the purposes of section 17 (1) (f) of the Act, the following particulars are prescribed in relation to each person registered as a combatant:

(a)  the name of the person and the name the person uses for fighting purposes,

(b)  the person’s date of birth,

(c)  2 passport-size photographs of the person,

(d)  the person’s registration number as a combatant,

(e)  where registration is for a fixed period—the date of expiry of the person’s registration as a combatant,

(f)  the results of a serological test for HIV, Hepatitis B and Hepatitis C,

(g)  particulars of any suspension or cancellation of the person’s registration under the Act,

(h)  particulars of any suspension or cancellation of the person’s accreditation otherwise than under the Act.

Note—

The Health Records and Information Privacy Act 2002 imposes obligations on organisations to comply with the Health Privacy Principles with regard to health information collected, held or used by them.

13 Age limit for registration

(1) Unregistered and unaccredited persons aged 36 or over A person who:

(a)  is of or above the age of 36 years, and

(b)  is not registered as a combatant immediately before his or her 36th birthday, and

(c)  is not accredited (otherwise than under the Act) immediately before that birthday as a combatant,

is not eligible to be registered as a combatant.

(2) Unregistered but accredited persons aged 36 or over A person who:

(a)  is of or above the age of 36 years, and

(b)  is not registered as a combatant immediately before his or her 36th birthday, and

(c)  is accredited (otherwise than under the Act) immediately before that birthday as a combatant,

is not eligible to be registered as a combatant, unless the Authority is satisfied that the person is medically fit to be registered, having regard to the certificate of fitness referred to in section 8 (2) (b) (i) of the Act and such other matters as the Authority thinks appropriate.

(3) Medical examination of unregistered but accredited persons The Authority may require a person referred to in subclause (2) to undergo specific detailed medical examinations and be the subject of specific detailed medical reports before reaching a decision as to registration and any conditions of registration.

14 Conditions relating to age of registered combatants

(1)  For the purposes of section 10 (1) (b) (ii) of the Act, conditions of the following kinds may be imposed on the registration of a combatant who is of or above the age of 36 years:

(a)  requiring the combatant to undergo specific detailed medical examinations and be the subject of specific detailed medical reports,

(b)  limiting or regulating the combatant’s participation in professional combat sport contests or sparring in a particular style of fighting or both.

(2)  Subclause (1) does not limit the power of the Authority to impose other conditions on the registration of the combatant or to take other action in relation to the combatant.

(3)  Subclause (1) applies whether the combatant was registered before or after reaching the age of 36 years.

Division 2 Medical record books and cards

15 Issue of medical record books and cards

(1)  The Authority must issue a person with a medical record book:

(a)  on first registration as a combatant, and

(b)  on subsequent registration as a combatant after ceasing to be registered as a combatant.

(2)  A medical record book issued under subclause (1) (b) must include the same information as was contained in any medical record book previously issued to the person.

16 Alterations

(1)  A person must not endorse or alter a medical record book or medical record card unless the person is authorised under the Act, this Regulation or the rules to endorse or alter such a book or card.

(2)  If a person makes an alteration under subclause (1) to a medical record book or medical record card, the person must initial the alteration immediately adjacent to the alteration.

(3)  A contravention of subclause (1) or (2) by:

(a)  a registered person is a disciplinary breach attracting a fine not exceeding 20 penalty units, or

(b)  an unregistered person is an offence punishable, on conviction, by a penalty not exceeding 30 penalty units.

17 False or misleading information

(1)  A person must not endorse on a medical record card any information that is false or misleading in a material particular or alter any information on a medical record card so that it is false or misleading in a material particular.

(2)  A contravention of subclause (1) by:

(a)  a registered person is a disciplinary breach attracting a fine not exceeding 10 penalty units, or

(b)  an unregistered person is an offence punishable, on conviction, by a penalty not exceeding 20 penalty units.

18 Mistreating medical record book or card

(1)  A person must not wilfully damage or deface a medical record book or medical record card or, without lawful excuse, remove a medical record card from a medical record book.

(2)  A contravention of subclause (1) by:

(a)  a registered person is a disciplinary breach attracting a fine not exceeding 10 penalty units, or

(b)  an unregistered person is an offence punishable, on conviction, by a penalty not exceeding 20 penalty units.

19 Surrender of medical record book

(1)  A combatant must surrender his or her medical record book to the Authority:

(a)  where his or her registration is for a fixed period—immediately on the expiry of that period unless the combatant is re-registered, or

(b)  where his or her registration has been suspended or cancelled under section 13 (4) of the Act—immediately on receipt of the notice under section 13 (7) of the Act, or

(c)  where his or her registration has been suspended or cancelled under section 14 (1) of the Act—immediately after the notice under that subsection takes effect.

(2)  A contravention of subclause (1) by:

(a)  a registered person is a disciplinary breach attracting a fine not exceeding 5 penalty units, or

(b)  an unregistered person is an offence punishable, on conviction, by a penalty not exceeding 10 penalty units.

20 Reissue

The Authority must reissue a medical record book to a combatant:

(a)  where the book is surrendered under clause 19 (1) (b) or (c) as a consequence of the suspension of the combatant’s registration and the combatant does not apply for a review of the decision to suspend the registration—as soon as practicable after:

(i)  the expiration of the period of the suspension, or

(ii)  the Authority lifts the suspension,

whichever first occurs, or

(b)  where the book is surrendered under clause 19 (1) (b) or (c) as a consequence of the suspension of the combatant’s registration and the combatant applies for a review of the Authority’s decision to suspend the registration—as soon as practicable after:

(i)  the suspension ceases to have effect because of the decision of the Civil and Administrative Tribunal, or

(ii)  the expiration of the period of the suspension, or

(iii)  the Authority lifts the suspension,

whichever first occurs, or

(c)  where the book is surrendered under clause 19 (1) (b) or (c) as a consequence of the cancellation of the combatant’s registration and the combatant applies for a review of the Authority’s decision to cancel the registration—as soon as practicable after the cancellation ceases to have effect because of the decision of the Civil and Administrative Tribunal.

cl 20: Am 2013 No 95, Sch 2.34.

21 Issue of additional cards

(1)  On the completion of all medical record cards in the medical record book of a registered combatant, the combatant within one month must apply to the Authority for the issue of additional medical record cards.

(2)  On receiving the application, the Authority must issue to the combatant additional medical record cards.

22 Replacement of book or card

(1)  Where a registered combatant satisfies the Authority by statutory declaration that his or her medical record book or medical record card has been spoilt, lost or destroyed, the Authority must, on payment by the combatant of a fee of $50, issue the combatant with a duplicate medical record book or medical record card, as the case requires.

(2)  A medical record book or medical record card issued under subclause (1) must be clearly marked or printed with the words “Duplicate Copy”.

Part 3 Registration of industry participants

23 Prescribed classes of industry participants

(1)  For the purposes of section 22 of the Act, the following classes of industry participants are prescribed in relation to each combat sport:

(a)  promoters—persons who promote professional combat sport contests,

(b)  matchmakers—persons who are responsible for the matching of combatants in proposed professional combat sport contests,

(c)  managers—persons who manage combatants,

(d)  trainers—persons who train combatants,

(e)  seconds—persons who act as seconds to combatants in professional combat sport contests,

(f)  judges—persons who judge professional combat sport contests,

(g)  referees—persons who referee professional combat sport contests,

(h)  timekeepers—persons who regulate the number and length of rounds, and the interval between rounds, of professional combat sport contests.

(2)  The combat sport in relation to which a person is registered as an industry participant of a class referred to in subclause (1) is to be specified in:

(a)  the register of industry participants (see clause 28 (c)), and

(b)  any registration documentation issued to the person by the Authority.

24 Fee for registration

For the purposes of section 23 (2) (b) of the Act, the prescribed fee to accompany an application for registration as an industry participant (irrespective of the number of classes of which a person is applying to be registered as a participant) is:

(a)  $150—if any class the subject of the application is the class of promoter, or

(b)  $100—if any class the subject of the application is the class of matchmaker, manager or referee, or

(c)  $80—in any other case.

25 Conditions to be satisfied before registration

For the purposes of section 25 of the Act, the following conditions are prescribed:

(a)  a person seeking first registration as a promoter must have passed the appropriate examination conducted by or on behalf of the Authority,

(b)  a person seeking first registration in any class of industry participants other than a promoter must have completed:

(i)  a combat sport medical accreditation course conducted by or on behalf of the Authority, or

(ii)  another course accepted by the Authority as being appropriate in the circumstances,

(c)  a person seeking registration as a judge or referee must not be registered as a promoter, matchmaker, manager, trainer or second,

(d)  a person seeking registration as a promoter, matchmaker, manager, trainer or second must not be registered in any class of industry participants as a judge or referee.

26 Fee to accompany annual return

For the purposes of section 28 (2) (b) of the Act, the prescribed fee to accompany a registered industry participant’s annual return (irrespective of the number of classes of which a person is registered as a participant) is:

(a)  $150—if any class the subject of the annual return is the class of promoter, or

(b)  $100—if any class the subject of the annual return is the class of matchmaker, referee or manager, or

(c)  $80—in any other case.

27 Fee for lifting of suspension

For the purposes of section 31 (2) (a) of the Act, the prescribed fee that the Authority may require a person to pay before lifting the suspension of the person’s registration as an industry participant (irrespective of the number of classes of which the person is registered as an industry participant) is $250.

28 Register of industry participants—additional particulars to be recorded

For the purposes of section 32 (1) (e) of the Act, the following particulars are prescribed in relation to each person registered as an industry participant:

(a)  the person’s date of birth,

(b)  the person’s registration number as an industry participant,

(c)  the combat sport in relation to which the industry participant is registered,

(d)  particulars of any suspension or cancellation of the person’s accreditation otherwise than under the Act (in addition to particulars of any suspension or cancellation of the person’s registration under the Act).

Part 4 Professional combat sport contests

Division 1 Permit to promote professional combat sport contest

29 Fee for application for permit

For the purposes of section 35 (2) (b) of the Act, the prescribed fee to accompany an application for a permit to promote a professional combat sport contest is $150.

30 Revocation of, or imposition or variation of conditions on, permit

(1)  The Authority may revoke, or impose or vary a condition on, a permit to promote a professional combat sport contest before the start of the contest if it forms the view, on information provided to it after the grant of the permit, that it is appropriate to do so.

(2)  The Authority must not revoke a permit under this clause within 24 hours before the advertised start of the contest unless it is satisfied that special circumstances exist warranting that action and the Minister concurs.

Division 2 Limitation on frequency of participation in professional combat sport contests

31 Limitation on frequency of participation

(1)  A person who promotes a professional combat sport contest contravenes this subclause if a combatant has already participated in another professional combat sport contest on the day on which the first-mentioned contest is held.

(2)  A contravention of subclause (1) by:

(a)  a registered person is a disciplinary breach attracting a fine not exceeding 5 penalty units, or

(b)  an unregistered person is an offence punishable, on conviction, by a penalty not exceeding 10 penalty units.

Division 3 Pre-contest provisions

32 Weigh-in and attendance of certain persons at weigh-in and contest

(1) Weigh-in A person who promotes a professional combat sport contest contravenes this subclause unless within the required period before the commencement of the contest, a weigh-in of the contestants is carried out.

(2) Attendance of inspector and medical practitioner A person who promotes a professional combat sport contest contravenes this subclause unless:

(a)  there is present at the weigh-in for the contest, where that weigh-in is carried out otherwise than immediately before the contest—a combat sport inspector, and

(b)  there is present at the contest (including any weigh-in carried out immediately before the contest):

(i)  a combat sport inspector, and

(ii)  a medical practitioner engaged by the person promoting the contest to exercise the functions of a medical practitioner under sections 48 and 50 of the Act in relation to a combatant who engages in the contest and the contest in which the combatant is engaged.

(3) Contravention A contravention of subclause (1) or (2) by:

(a)  a registered person is a disciplinary breach attracting a fine not exceeding 10 penalty units, or

(b)  an unregistered person is an offence punishable, on conviction, by a penalty not exceeding 20 penalty units.

(4) Definition In this clause:

required period means the period referred to in clause 34.

33 Combatant to submit to weigh-in before contest

(1) Attendance of combatant at weigh-in A combatant must not engage in a professional combat sport contest unless he or she has, within the required period before the commencement of the contest, submitted himself or herself to the weigh-in for the contest.

(2) Contravention A contravention of subclause (1) by:

(a)  a registered person is a disciplinary breach attracting a fine not exceeding 5 penalty units, or

(b)  an unregistered person is an offence punishable, on conviction, by a penalty not exceeding 10 penalty units.

(3) Definition In this clause:

required period means the period referred to in clause 34.

34 Weigh-in time—required period

For the purposes of clauses 32 and 33, the required period for weigh-in for a professional combat sport contest is:

(a)  the period of 24 hours before the scheduled start of the contest, if the promoter of the contest has made a written application to the Authority for that period to apply and:

(i)  the Authority considers that the contest is of international significance (that is, its outcome could affect a contestant’s international ranking), or

(ii)  the contest is for an Australian championship, or

(iii)  the Authority is satisfied that the contest is an international contest being held under the auspices of an international body recognised by the Authority, and the international body requires the period in this paragraph to apply, or

(b)  the period from 8 hours to 30 minutes before the scheduled start of the contest, in any other case.

35 Recording of combatant’s weight and other particulars at weigh-in

(1)  A combatant must, at the weigh-in for a professional combat sport contest in which he or she is a contestant, produce his or her medical record book to the combat sport inspector.

(2)  The combat sport inspector must record in the medical record book so produced:

(a)  the name and address of the combatant, and

(b)  the combatant’s weight at the weigh-in, and

(c)  the type of contest, and

(d)  the date of the contest, and

(e)  the venue of the contest, and

(f)  the name of the opponent, and

(g)  the scheduled length of the contest.

(3)  A contravention of subclause (1) by:

(a)  a registered person is a disciplinary breach attracting a fine not exceeding 5 penalty units, or

(b)  an unregistered person is an offence punishable, on conviction, by a penalty not exceeding 10 penalty units.

36 Combatant to furnish information about last contest in certain cases

(1)  A combatant whose last professional combat sport contest took place outside New South Wales and who submits himself or herself for examination by a medical practitioner in accordance with section 39 of the Act before engaging in a professional combat sport contest in New South Wales must:

(a)  inform the medical practitioner that his or her last contest took place outside New South Wales, and

(b)  fully and correctly supply any information relating to that contest that is requested by the medical practitioner.

(2)  A contravention of subclause (1) by:

(a)  a registered person is a disciplinary breach attracting a fine not exceeding 5 penalty units, or

(b)  an unregistered person is an offence punishable, on conviction, by a penalty not exceeding 10 penalty units.

37 Pre-contest medical examination of combatant

(1)  For the purposes of section 41 (a) of the Act, the prescribed examination is a medical examination sufficient for the completion of the approved form for the pre-contest medical examination of a combatant.

(2)  For the purposes of section 41 (b) of the Act, the particulars included in that form after its completion in relation to a combatant are prescribed as particulars to be recorded in the combatant’s medical record book.

38 Clothing at weigh-in

A combatant’s weight for the purposes of a professional combat sport contest is taken to include:

(a)  in the case of a male combatant—the weight of the combatant’s boxing or similar shorts but no other clothing, or

(b)  in the case of a female combatant—the weight of the combatant’s boxing or similar shorts and a light-weight shirt or sports-type brassiere.

39 Weigh-in scales

(1)  A person must not use scales for the purpose of weighing-in a combatant unless the scales are platform scales of a type approved by the National Standards Commission or a type approved by the combat sport inspector.

(2)  A contravention of subclause (1) by:

(a)  a registered person is a disciplinary breach attracting a fine not exceeding 5 penalty units, or

(b)  an unregistered person is an offence punishable, on conviction, by a penalty not exceeding 10 penalty units.

40 Combatant’s announced weight

(1)  A person must not, before a professional combat sport contest, announce or cause to be announced the weight of a combatant as being any weight other than that recorded in the combatant’s medical record book at the weigh-in for the contest.

(2)  A contravention of subclause (1) by:

(a)  a registered person is a disciplinary breach attracting a fine not exceeding 5 penalty units, or

(b)  an unregistered person is an offence punishable, on conviction, by a penalty not exceeding 10 penalty units.

41 Contest contracts

(1) Manager to produce contract The manager of each combatant engaged for a professional combat sport contest must at the weigh-in for the contest produce to the combat sport inspector a contract between the promoter and the combatant for the contest signed by the promoter and the combatant and dated not later than the date of the weigh-in.

(2) Contract to be in approved or acceptable form The contract must be in the approved form or contain sufficient particulars to be acceptable to the combat sport inspector.

(3) Particulars to be included in contract The contract must include the following particulars:

(a)  the name of the promoter,

(b)  the name of the combatant,

(c)  the date of the contest,

(d)  the venue of the contest,

(e)  the number of rounds in the contest,

(f)  the duration of each round,

(g)  the name of the opponent,

(h)  the amount of the purse and its distribution,

(i)  the maximum weight for the contest,

(j)  any non-competition period for the combatant before the contest.

(4) Combatant must not fight if requirements not met The combatant must not fight at the contest if subclauses (1)–(3) are not complied with.

(5) Contravention A contravention of:

(a)  subclause (1), (2) or (3) by a registered person is a disciplinary breach attracting a fine not exceeding 40 penalty units, or

(b)  subclause (1), (2) or (3) by an unregistered person is an offence punishable, on conviction, by a penalty not exceeding 50 penalty units, or

(c)  subclause (4) by a registered person is a disciplinary breach attracting a fine not exceeding 5 penalty units, or

(d)  subclause (4) by an unregistered person is an offence punishable, on conviction, by a penalty not exceeding 10 penalty units.

42 Serological test result

(1)  The manager of each combatant engaged for a professional combat sport contest must, within:

(a)  the period of one hour before the start of the weigh-in for the contest, or

(b)  in any particular case—another period determined by or agreed to by the Authority (or its delegate),

produce to the combat sport inspector a negative serological test result that is no more than 6 months old.

(2)  A combatant engaged for a professional combat sport contest must not fight at the contest if subclause (1) is not complied with, unless the Authority (or its delegate) permits the combatant to do so.

(3)  A contravention of:

(a)  subclause (1) by a registered person is a disciplinary breach attracting a fine not exceeding 40 penalty units, or

(b)  subclause (1) by an unregistered person is an offence punishable, on conviction, by a penalty not exceeding 50 penalty units, or

(c)  subclause (2) by a registered person is a disciplinary breach attracting a fine not exceeding 5 penalty units, or

(d)  subclause (2) by an unregistered person is an offence punishable, on conviction, by a penalty not exceeding 10 penalty units.

Division 4 Stopping contest after commencement

43 Referee’s duty to stop contest

(1)  The referee must stop a professional combat sport contest:

(a)  if in the referee’s opinion, a combatant is exhausted or injured to such an extent as to be unable to defend himself or herself or to continue the contest, or

(b)  if a disruption occurs of such a kind as, in the referee’s opinion, warrants stopping the contest, or

(c)  in circumstances of a kind determined by the Authority for the purposes of this clause, or

(d)  immediately after being directed to stop the contest under clause 44 or 45.

Note—

The Authority acting under paragraph (c) could, for example, determine that the referee must stop a contest if a combatant suffers 3 knock downs in any one round of the contest.

(2)  A contravention of subclause (1) by:

(a)  a registered person is a disciplinary breach attracting a fine not exceeding 5 penalty units, or

(b)  an unregistered person is an offence punishable, on conviction, by a penalty not exceeding 10 penalty units.

44 Direction by medical practitioner to stop contest

(1)  The attending medical practitioner must direct the referee to stop a professional combat sport contest (where the referee has not already done so) if, in the opinion of the medical practitioner, a combatant is exhausted or injured to such an extent as to be unable to defend himself or herself or to continue the contest.

(2)  In this clause:

attending medical practitioner means the medical practitioner who is present at the contest in accordance with clause 32.

45 Direction by combat sport inspector, Authority member or police officer to stop contest

(1)  In this clause:

prescribed person, in relation to a professional combat sport contest, means:

(a)  the combat sport inspector for the contest, or

(b)  a member of the Authority present at the contest, or

(c)  a police officer on duty at the contest.

(2)  A prescribed person must direct the referee to stop a professional combat sport contest (where the referee has not already done so):

(a)  if, in the prescribed person’s opinion, a combatant is exhausted or injured to such an extent as to be unable to defend himself or herself or to continue the contest, or

(b)  if a disruption occurs of such a kind as, in the prescribed person’s opinion, warrants stopping the contest, or

(c)  in circumstances of a kind determined by the Authority for the purposes of this clause.

Division 5 Protection of combatants

46 Gloves and other protective material

(1) Application of this clause This clause applies where the Authority has determined requirements with respect to any protective material to be worn or used by a combatant in a professional combat sport contest.

(2) Promoter to comply with requirements about protective material A person must not promote a professional combat sport contest unless requirements with respect to combatants’ protective material as determined by the Authority are complied with so far as those requirements are applicable to the contest.

(3) Inspection of protective material Except where the Authority has otherwise approved in writing before a professional combat sport contest, a combat sport inspector (or the referee if an inspector is not present) must, before the contest:

(a)  inspect the protective material required to be worn or used by a combatant, and

(b)  ensure that it conforms with requirements determined by the Authority so far as those requirements are applicable to the contest.

(4) Contravention A contravention of subclause (2) by:

(a)  a registered person is a disciplinary breach attracting a fine not exceeding 5 penalty units, or

(b)  an unregistered person is an offence punishable, on conviction, by a penalty not exceeding 10 penalty units.

47 Foreign substances and materials

(1) Inspection for foreign substances and materials Before the commencement of a professional combat sport contest, the referee must inspect each combatant and each combatant’s protective material to ensure that no foreign substances or foreign materials have been applied to either the body of the contestant or the protective material to the detriment of the combatant’s opponent.

(2) Non-abrasive material to protect eyebrows permitted The referee may permit a combatant in a professional combat sport contest to use a protective covering of a non-abrasive type to protect the combatant’s eyebrows.

(3) Certain straps, buckles and metal not permitted The referee must not permit a combatant in a professional combat sport contest to wear straps, buckles or metal objects that may cause any injury.

(4) Contravention A contravention of subclause (1) or (3) by:

(a)  a registered person is a disciplinary breach attracting a fine not exceeding 5 penalty units, or

(b)  by an unregistered person is an offence punishable, on conviction, by a penalty not exceeding 10 penalty units.

Division 6 After-contest provisions

48 After-contest medical examination of combatant

(1)  For the purposes of section 48 (a) of the Act, the prescribed examination is a medical examination sufficient for the completion of the approved form for the after-contest medical examination of a combatant.

(2)  For the purposes of section 48 (b) of the Act, the particulars included in that form after its completion in relation to a combatant are prescribed as particulars to be recorded in the combatant’s medical record book.

Division 7

49  (Repealed)

pt 4, div 7: Rep 2012 (630), cl 3.

cl 49: Am 2011 (450), cl 3; 2012 (127), cl 3. Rep 2012 (630), cl 3.

Part 5 Disqualifications

50 Prescribed activities for orders of disqualification

For the purposes of section 57 (2) of the Act, the following are prescribed as kinds of activities that a person may be disqualified from participation:

(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.

51 Varying orders of disqualification

For the purposes of section 57 (6) of the Act, the Authority may, on application or on its own initiative, vary an order of disqualification in any one or more of the following ways:

(a)  if the order is of indefinite duration—by specifying a period for its duration,

(b)  if the order specifies a period for its duration—by reducing the period,

(c)  if the order specifies kinds of activities relating to combat sports—by amending the description of those kinds of activities so as to make the order less onerous,

(d)  to make any other adjustment but not so as to make the order more onerous.

52 Revoking orders of disqualification

(1)  For the purposes of section 57 (6) of the Act, the Authority may, on application or on its own initiative, revoke an order of disqualification.

(2)  Nothing in this Part prevents the Authority from revoking an order of disqualification against a person before, when or after it makes another order of disqualification.

Part 6 Miscellaneous

53 Authorisation of police officers to exercise functions of combat sport inspectors

(1)  The Commissioner of Police may, by instrument in writing, authorise:

(a)  one or more police officers, or

(b)  one or more classes of police officers,

to exercise functions conferred or imposed on combat sport inspectors by or under the Act, subject to the limitations (if any) specified in the authorisation and to the limitation specified in subclause (2).

Note—

Section 61 (4) of the Act provides that a police officer so authorised is, subject to any such limitations, taken to be a combat sport inspector.

(2)  The Commissioner of Police may, by instrument in writing, vary or revoke such an authorisation.

(3)  The functions that may be exercised by police officers so authorised are those from time to time determined by the Authority.

54 Exercise of functions of combat sport inspector by authorised persons

(1)  A person being:

(a)  a member of the Authority who is authorised under section 61 (3) of the Act to exercise functions conferred or imposed on a combat sport inspector, or

(b)  a police officer who is authorised under section 61 (4) of the Act (and clause 53 of this Regulation) to exercise functions conferred or imposed on a combat sport inspector,

may exercise any function of the combat sport inspector under this Regulation in relation to a professional combat sport contest or weigh-in for a professional combat sport contest.

(2)  Subclause (1) applies whether or not the member of the Authority or police officer is the combat sport inspector for the contest or weigh-in.

(3)  This clause has effect subject to any applicable limitations referred to in section 61 of the Act.

54A Compliance officers for amateur combat sport contests and wrestling contests

(1)  The Minister may appoint an officer of the Department or persons belonging to a class of officers of the Department as compliance officers for amateur combat sport contests and wrestling contests to which Part 5 of the Act applies.

(2)  For the purpose of monitoring compliance with the conditions of a permit issued in respect of such a contest, a compliance officer may do any of the following:

(a)  attend the place at which the contest is being held or is scheduled to be held,

(b)  take photographs, film and audio, video and other recordings at the place,

(c)  ask questions of the promoter, the contestants and any other person involved in the contest,

(d)  inspect, make copies of, or take extracts from, any records or documents relating to the contest.

(3)  A compliance officer may report to the Minister on compliance with the conditions of a permit issued in respect of an amateur combat sport contest or a wrestling contest.

cl 54A: Ins 2011 (529), Sch 1 [2].

55 Revocation of, or imposition or variation of conditions on, permit to promote an amateur combat sport contest or a wrestling contest

(1)  The Minister may revoke, or impose or vary a condition on, a permit to promote an amateur combat sport contest or a wrestling contest before the start of the contest if the Minister forms the view, on information provided to the Minister after the grant of the permit, that it is appropriate to do so.

(2)  The Minister must not revoke a permit under this clause within 24 hours before the advertised start of the contest unless the Minister is satisfied that special circumstances exist warranting that action.

56 Approved forms

(1)  The Minister may approve forms for the purposes of this Regulation.

(2)  The Minister may delegate to a person the exercise of the Minister’s functions under subclause (1).

(3)  This clause supplements the Minister’s powers under section 72 of the Act.

57 Provisions relating to certain disciplinary breaches and offences

(1)  If this Regulation makes provision for a disciplinary breach or offence and the breach or offence is dependent on a determination of the Authority, the breach or offence is taken not to have been committed if the determination was not reasonably available to the alleged offender.

(2)  Subclause (1) does not apply if the substance of the determination is embodied in a rule so far as it is relevant to an alleged breach or offence.

58 Clearances

(1)  The Authority may, on application made by or on behalf of a registered combatant, give a clearance for the combatant for the purpose of engaging in a proposed contest to be held outside New South Wales (whether in Australia or overseas).

(2)  The application must not be granted unless the application is:

(a)  made in the approved form, and

(b)  made within such period before the date of the proposed contest as the Authority determines, and

(c)  accompanied by a negative serological test result for the registered combatant that will be not more than 6 months old when the proposed contest is held.

Note—

Clearances given by the Authority may be relevant for enabling registered combatants to engage in professional combat sport contests outside the State. Corresponding clearances for unregistered persons given by authorities outside the State may be relevant for enabling unregistered persons to engage in professional combat sport contests within the State by way of exemption under the Act.