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Version No. 032

Professional Boxing and Combat Sports Act 1985

No. 10183 of 1985

Version incorporating amendments as at22 October 2014

TABLE OF PROVISIONSSection Page

PART I—PRELIMINARY 1

1 Short title 12 Commencement 13 Purpose 15 Definitions 25A Recognition of amateur associations 8

PART II—PROFESSIONAL CONTESTS 9

Division 1—Licences and permits 9

6 Board may license persons involved in professional contests 96A Licence applications to be forwarded to Chief Commissioner 116B Board may request further information in support of

application for a licence 126C Board to give reasons for not issuing a licence 146D Ban on re-applying for issue or renewal of licence 147 Board may issue permit to conduct promotion 158 Promoters, trainers, match-makers, referees, judges and

timekeepers must hold a licence 159 Licences and permits 169AA Licence of person must be cancelled if person is a prohibited

person 179AB Inquiry may be held to determine whether licensee continues

to meet probity requirements 179AC Decision of Board following inquiry under section 9AB 209AD Ban on re-applying for issue of licence following cancellation 219A Other circumstances that may result in variation, suspension

or cancellation of licence or permit 21

1

Division 2—Registration 23

10 Person must not compete in a professional contest unless registered 23

10A Application for registration as a professional contestant 2310B Cancellation or suspension of registration 2410C Restriction on re-registration of previously unfit professional

contestant 27

Division 3—Medical examinations and fitness tests 27

12 Compulsory medical examinations and fitness tests 27

Division 4—Duties of promoters 29

13 Duties of Promoter 29

Division 5—Professional Boxing and Combat Sports Board 31

14 Establishment and membership of Board 3114A Functions, powers and duties of Board 3214B Board procedure 3214C Delegation 3314D Immunity 3414E Disclosure of information 35

Division 6—Disclosure of information by Chief Commissioner 35

14F Disclosure of information by Chief Commissioner 35

PART III—DELEGATIONS 36

15 Minister may delegate 3615A Delegation by Chief Commissioner 37

PART IV—REVIEW OF DECISIONS OF BOARD 38

16AA Definition 3816 Review by VCAT 3817 VCAT must ask the Board about protected information on

receiving certain applications for review 3917A Appointment of special counsel if review involves protected

information 4017B Hearing where protected information involved 4117C Decision where protected information is involved 4217D Board may change its decision 4417E Chief Commissioner may request Board to reconsider

decision without protected information 4517F General provisions for hearing matters involving protected

information 45

2

PART V—OFFENCES 47

18 Aiding etc. offence 4719 Proceedings for offence 4720 Certificate of Minister shall be evidence 4721 Document under this Act shall be evidence 48

PART VI—REGULATIONS 49

22 Regulations 49

PART VII—RULES 52

23 Board may make rules 52

PART VIII—TRANSITIONAL AND SAVINGS PROVISIONS 53

Division 1—Provisions for Professional Boxing and Martial Arts (Amendment) Act 2001 53

24 Change to references to Act name 5325 Effect of change to Board's name 5326 Single registrations become dual registrations 5327 Former martial art becomes a combat sport 5428 Recognition of former named associations 54

Division 2—Provisions for Professional Boxing and Combat Sports Amendment Act 2008 54

29 Definition 5430 Existing licences, permits and registrations 5431 Timekeepers 5632 Existing applications 5733 Existing Board members 57

Division 3—Provisions for Professional Boxing and Combat Sports Amendment Act 2013 58

34 Definitions 5835 List of persons who may act as timekeepers 5836 Pending licence applications 5937 Appeal to the Minister 59

═══════════════

ENDNOTES 60

1. General Information 60

2. Table of Amendments 61

3. Explanatory Details 63

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Version No. 032

Professional Boxing and Combat Sports Act 1985

No. 10183 of 1985

Version incorporating amendments as at22 October 2014

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

other purposes.

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

PART I—PRELIMINARY

1 Short title

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

2 Commencement

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

3 Purpose

The purpose of this Act is—

(a) to control professional boxing and professional combat sports; and

(b) to reduce the risk of malpractice; and

(c) to promote safety; and

1

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

S. 3amended by Nos 36/1996 s. 4, 15/2001 s. 4, substituted by No. 65/2013 s. 4.

(d) to uphold industry integrity by ensuring that—

(i) a licence holder is a fit and proper person to hold a licence; and

(ii) it is not contrary to the public interest for a person to hold a licence.

* * * * *

5 Definitions

In this Act—

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

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

boxing means fist fighting;

Chief Commissioner means the Chief Commissioner of Police appointed under the Victoria Police Act 2013;

combat sport means—

(a) kickboxing; or

(b) any sport or activity (other than boxing) in which each contestant in a contest or exhibition of that sport or activity is required to strike, kick, hit, grapple

2

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

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

s. 5

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

S. 5def. of Chief Commission-er inserted by No. 65/2013 s. 5(1), amended by No. 37/2014 s. 10(Sch. item 132.1(b)).

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

with, throw or punch the other contestant, and that is determined by the Minister to be a combat sport for the purposes of this Act;

Department means the Department of Transport, Planning and Local Infrastructure;

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

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

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

licensing authority means a person or body in another State or Territory who is recognised by the Board as exercising a power equivalent to the power given to the Board by this Act to license or register a person;

* * * * *

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

medical practitioner means a person registered under the Health Practitioner Regulation

3

S. 5 def. of Department inserted by No. 11/2008 s. 4(a), substituted by No. 65/2013 s. 5(2).

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

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

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

National Law to practise in the medical profession (other than as a student);

police officer has the same meaning as in the Victoria Police Act 2013;

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

(a) that is conducted for profit; or

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

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

(i) for a public charitable purpose; or

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

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

(a) that is conducted for profit; or

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

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

4

S. 5 def. of police officer inserted by No. 37/2014 s. 10(Sch. item 132.1(a)).

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

s. 5

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

(i) for a public charitable purpose; or

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

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

* * * * *

professional contestant means—

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

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

prohibited person means a person—

(a) who has been convicted of an indictable offence for which the person is sentenced to a term of imprisonment of 10 years or more; or

(b) in respect of whom a control order applies and is in effect under Division 2 of Part 3 of the Criminal Organisations Control Act 2012; or

(c) who is a member of an organisation in respect of which a control order applies and that is in effect under Division 2 of Part 3 of the Criminal Organisations Control Act 2012; or

5

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

s. 5

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

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

S. 5def. of prohibited person inserted by No. 65/2013 s. 5(1), amended by No. 79/2014 s. 65.

s. 5

(d) who is subject to an exclusion order under section 74 of the Casino Control Act 1991; or

(e) who is subject to an exclusion order under section 33 of the Racing Act 1958; or

(f) who has been convicted of an offence against a law of the Commonwealth or another State or a Territory and given a sentence of a kind corresponding to that specified in paragraph (a); or

(g) who is subject to an order in another State or Territory corresponding to an order specified in paragraph (b), (c), (d) or (e);

promoter means any person who promotes a professional contest;

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

protected information means any intelligence information, document or thing the production or inspection of which—

(a) is likely to—

(i) reveal the identity of the police officer who provided information on the basis of which a decision of the Board not to issue or renew a licence, or to cancel a licence was made, or put that police officer's safety at risk; or

(ii) reveal the identity of a person who has provided a police officer with information on the basis of which

6

S. 5def. of protected information inserted by No. 65/2013 s. 5(1), amended by No. 37/2014 s. 10(Sch. item 132.1(c)).

s. 5

a decision of the Board not to issue or renew a licence, or to cancel a licence was made, or put that person's safety at risk; or

(iii) reveal the identity of a person whose name appears in any evidence given or information provided to a police officer relating to an investigation, or put that person's safety at risk; or

(iv) reveal the identity of a person who is or has been the subject of an investigation by a police officer, or put that person's safety at risk; or

(b) places at risk an ongoing investigation by a member of the police force; or

(c) risks the disclosure of any investigative method used by police officers; or

(d) is otherwise not in the public interest;

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

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

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

7

s. 5

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

5A Recognition of amateur associations

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

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

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

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

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

—————————

8

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

s. 5As. 5A

PART II—PROFESSIONAL CONTESTS

Division 1—Licences and permits

6 Board may license persons involved in professional contests

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

(2) An application must—

(a) be in the relevant prescribed form; and

(b) be accompanied by—

(i) the prescribed fee (if any); and

(ii) a prescribed certificate or other prescribed document specifying any criminal history of the applicant; and

(iii) any other prescribed documents; and

(c) specify—

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

(ii) any other prescribed information.

(3) Subject to subsections (5) and (6), the Board may issue a licence to act as a promoter, trainer, match-maker, referee, judge or timekeeper to an applicant if the Board is satisfied that—

(a) the applicant is a fit and proper person to hold a licence; and

(b) it is not contrary to the public interest to issue the licence; and

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

S. 6 amendedby Nos 36/1996 s. 6, 11/2008 s. 6, substituted by No. 65/2013 s. 6.

s. 6Part II—Professional Contests

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

9

(c) any prescribed prerequisites for the issue of a licence have been met by the applicant.

(4) Subject to subsections (5) and (6), the Board may renew the licence of any promoter, trainer, match-maker, referee, judge or timekeeper if the Board is satisfied that—

(a) the applicant is a fit and proper person to hold a licence; and

(b) it is not contrary to the public interest to renew the licence; and

(c) any prescribed prerequisites for the renewal of a licence have been met by the applicant.

(5) The Board must not issue a licence to act as a promoter, trainer, match-maker, referee, judge or timekeeper, or renew the licence of any promoter, trainer, match-maker, referee, judge or timekeeper if the Board becomes aware or is advised under section 6A(3)(a) that the applicant is a prohibited person.

(6) In making a decision under subsection (3) or (4), the Board must—

(a) give special consideration to any advice received under section 6A(3)(b) or (c); and

(b) have regard to any other information available to the Board that may be relevant to an application made under this section; and

(c) consider any prescribed matters for the purposes of determining whether—

(i) a person is a fit and proper person; and

(ii) it would be contrary to the public interest to issue or renew the licence.



10

6A Licence applications to be forwarded to Chief Commissioner

(1) On receiving an application under section 6, the Board must give a copy of that application to the Chief Commissioner.

(2) Within 28 days of receiving a copy of an application under subsection (1), the Chief Commissioner must give to the Board a written response in accordance with subsection (3).

(3) The Chief Commissioner must advise the Board (as appropriate)—

(a) if the person who made the application is a prohibited person and specify the circumstances that make the person a prohibited person; or

(b) if the Chief Commissioner is of the view that the person who made the application is not a fit and proper person for the purposes of issuing a licence under section 6 and give reasons for that view; or

(c) if the Chief Commissioner is of the view that it would not be in the public interest to issue a licence to the person who made the application under section 6 and give reasons for that view; or

(d) if the Chief Commissioner has not identified any information that should be considered by the Board before the Board makes a decision under section 6; or

(e) if the Chief Commissioner will not be giving the Board any information in relation to the application.

S. 6A inserted by No. 65/2013 s. 6.

s. 6APart II—Professional Contests


11

(4) The Chief Commissioner may rely on any information, including protected information, he or she considers relevant for the purposes of providing advice to the Board under this section.

(5) For the purposes of giving reasons for his or her advice under subsection (3)(b) or (c), the Chief Commissioner may decide, if the advice is wholly or partly based on protected information—

(a) to include the protected information in his or her written response given to the Board and specify in that response which information is protected information; or

(b) not to include the protected information in the written response given to the Board and specify in that response that—

(i) some or all of the Chief Commissioner's advice is based on protected information; and

(ii) to the extent that the advice is based on protected information, reasons will not be given to the Board.

6B Board may request further information in support of application for a licence

(1) Before making a decision under section 6(3) or (4), the Board may request an applicant to provide further information for the purposes of assisting the Board to determine whether, for the purposes of issuing or renewing a licence under section 6—

(a) the applicant is a fit and proper person; and

(b) it would be contrary to the public interest to issue or renew the licence.

S. 6B inserted by No. 65/2013 s. 6.

s. 6BPart II—Professional Contests


12

(2) A request under subsection (1) must—

(a) be in writing; and

(b) specify—

(i) that further information is sought by the Board for the purposes of assisting the Board to determine the application made under section 6; and

(ii) the type of further information sought by the Board; and

(iii) that the information may be used to assist the Board in determining whether—

(A) the applicant is a fit and proper person to hold a licence; and

(B) it is not contrary to the public interest to issue or renew the licence; and

(iv) that the applicant must give the Board the requested information within 28 days of receipt of the request by the applicant or other period as specified in the request.

(3) If information requested under subsection (1) is not given to the Board within the period specified under subsection (2)(b)(iv), the application made under section 6 expires.

(4) If the application of a person expires under subsection (3), the applicant may make a fresh application for the licence or renewal of the licence under section 6 at any time after that expiration.



13

6C Board to give reasons for not issuing a licence

(1) If the Board decides not to issue or renew a licence to a person under section 6, the Board must, as soon as practicable, give written notice to the person—

(a) of the decision of the Board; and

(b) subject to subsection (2), the reasons for that decision.

(2) The Board must, in giving reasons to a person under subsection (1)—

(a) not disclose any protected information; and

(b) if the Board's reasons are partially or wholly based on protected information, specify in the written notice given under subsection (1) that some or all of the Board's reasons are based on advice from the Chief Commissioner.

6D Ban on re-applying for issue or renewal of licence

(1) A person must not apply for the issue or renewal of a licence for a period of 12 months, or such further period as is determined by the Board, if the Board has refused to issue or renew the licence because the Board—

(a) is not satisfied that the person is a fit and proper person to hold a licence; or

(b) is satisfied that it is contrary to the public interest to issue or renew the licence.

(2) If the Board has refused to issue or renew a licence to a person because the person is a prohibited person the person must not apply for the issue or renewal of a licence until the person ceases to be a prohibited person.

S. 6C inserted by No. 65/2013 s. 6.

S. 6D inserted by No. 65/2013 s. 6.

s. 6CPart II—Professional Contests


14

7 Board may issue permit to conduct promotion

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

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

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

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

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

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


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

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

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

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

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

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


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

s. 7

S. 8(1) amended by No. 65/2013 s. 7(2).

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

Part II—Professional Contests


15

(b) a trainer accompanying a licensed or registered professional contestant who resides outside the Commonwealth and who is in Victoria to compete in a professional contest;

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

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

9 Licences and permitss. 9

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

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

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

* * * * *

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

(4) If the Board varies or revokes a condition to which a licence or permit is subject, the Board must, as soon as is practicable, give written notice of the variation or revocation to the holder of the licence or permit.

S. 8(2)(c) amended by No. 65/2013 s. 7(3).

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

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

S. 9(2A) inserted by No. 11/2008 s. 9(2), repealed by No. 65/2013 s. 8.




16

(5) The written notice must specify the grounds for the variation or revocation.

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

9AA Licence of person must be cancelled if person is a prohibited person

(1) The Board must immediately cancel any licence issued or renewed under section 6 if the Board becomes aware that the holder of the licence is a prohibited person.

(2) If the Board cancels a licence under subsection (1), the Board must give the person who held the licence written advice of the cancellation as soon as practicable after that cancellation.

(3) Sections 9AB, 9AC and 9A do not apply to a prohibited person.

9AB Inquiry may be held to determine whether licensee continues to meet probity requirements

(1) The Board may hold an inquiry for the purposes of determining the continued suitability of a person to hold a licence issued under section 6 if—

(a) the Chief Commissioner advises the Board that the Chief Commissioner is of the view that—

(i) the person is not a fit and proper person to hold a licence; or

(ii) it is no longer in the public interest for the person to hold a licence; or


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

S. 9AA inserted by No. 65/2013 s. 9.

S. 9AB inserted by No. 65/2013 s. 9.

s. 9AAPart II—Professional Contests


17

(b) the Board has reasonable grounds to believe that—

(i) the person is not a fit and proper person to hold a licence; or

(ii) it is no longer in the public interest for the person to hold a licence.

(2) In giving advice under subsection (1)(a)—

(a) the Chief Commissioner may rely on any information, including protected information, he or she considers relevant; and

(b) if the Chief Commissioner's view is wholly or partly based on protected information, the Chief Commissioner may—

(i) advise the Board that because his or her view is wholly or partly based on protected information, the Chief Commissioner will not give the Board reasons for his or her view to the extent that those reasons are based on that information; or

(ii) give the Board the protected information as part of his or her reasons for the advice and specify which information is protected information.

(3) If the Board decides to hold an inquiry under subsection (1), the Board may suspend the licence of the person in respect of whom the inquiry is being held until the conclusion of the inquiry.

(4) Before conducting an inquiry under subsection (1), the Board must give the holder of the licence written notice specifying—

s. 9ABPart II—Professional Contests


18

(a) that an inquiry is to be held to determine the person's suitability to hold a licence because the Board has received advice or has reasonable grounds to believe that the person is not a fit and proper person to hold a licence or it is no longer in the public interest for the person to hold a licence (as the case may be); and

(b) the date and time of the inquiry and the venue at which the inquiry will be held; and

(c) if the person's licence has been suspended under subsection (3), that the person's licence has been suspended and that it will remain suspended until the inquiry is completed; and

(d) that the person may make an oral or written submission to the Board in relation to his or her suitability to hold a licence at the inquiry.

(5) For the purposes of conducting an inquiry under this section the Board must be constituted by more than half of its current members.

(6) In conducting an inquiry under this section, the Board—

(a) may consider all relevant information it has been given; and

(b) may receive written or oral submissions from the person in respect of whom the inquiry is being held and any other person who has information relevant to the inquiry; and

(c) is bound by the rules of natural justice; and

(d) may otherwise regulate its own procedure.

s. 9ABPart II—Professional Contests


19

9AC Decision of Board following inquiry under section 9AB

(1) At the conclusion of an inquiry under section 9AB, the Board may decide to—

(a) vary the conditions on the licence, or add new conditions to the licence; or

(b) suspend the licence for any period the Board considers appropriate; or

(c) cancel the licence; or

(d) continue to allow the person to hold the licence on the same terms and subject to any conditions on which the licence was held before the person received notice of the inquiry.

(2) The Board must advise the holder of the licence, orally or in writing, if under subsection (1)—

(a) the Board varies, or adds to, the conditions of a licence; or

(b) the Board suspends or cancels a licence.

(3) If the Board gives the holder of a licence oral notice under subsection (2), the Board must, as soon as is practicable, give written notice of—

(a) the variation of, or addition to, the conditions of the licence; or

(b) the suspension or cancellation of the licence.

(4) Subject to subsection (5), the written notice must specify the reasons for—

(a) the variation of, or addition to, the conditions of a licence; or

(b) the suspension or cancellation of a licence.

S. 9AC inserted by No. 65/2013 s. 9.

s. 9ACPart II—Professional Contests


20

(5) The Board must, in giving reasons to a person in a written notice under subsection (4)—

(a) not disclose any protected information; and

(b) if the Board's reasons are partially or wholly based on protected information, specify that some or all of the Board's reasons are based on advice from the Chief Commissioner.

9AD Ban on re-applying for issue of licence following cancellation

(1) A person must not apply for the issue of a new licence for a period of 12 months, or such further period as is determined by the Board, if the Board has cancelled the licence of the person because the Board—

(a) is not satisfied that the person is a fit and proper person to hold the licence; or

(b) is satisfied that it is contrary to the public interest for the person to hold the licence.

(2) If the Board has cancelled a licence of a person because the person is a prohibited person the person cannot apply for the issue of a new licence until the person ceases to be a prohibited person.

9A Other circumstances that may result in variation, suspension or cancellation of licence or permit

(1) This section applies if a person who holds a licence or permit—

(a) is convicted of an offence against this Act or contravenes any provision of this Act or the regulations; or

S. 9AD inserted by No. 65/2013 s. 9.

S. 9A (Heading) amended by No. 65/2013 s. 10.

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

s. 9ADPart II—Professional Contests


21

(b) contravenes a provision of a law of another State or a Territory that corresponds with a provision of this Act or the regulations; or

(c) does, or omits to do, an act in another State or a Territory that would contravene this Act or the regulations; or

(d) contravenes a condition of the licence or permit.

(2) The Board may—

(a) vary the conditions on which the licence or permit was issued; or

(b) suspend the licence or permit for any period the Board considers appropriate; or

(c) cancel the licence or permit.

(3) If the Board cancels a person's licence or permit under subsection (2), the Board must disqualify the person from obtaining a further licence or permit for any period the Board considers appropriate.

(4) If the Board varies the conditions of, or suspends or cancels, a licence or permit under this section, the Board must advise the holder of the licence or permit of the variation, suspension or cancellation orally or in writing.

(5) If the Board gives the holder of a licence or permit oral notice under subsection (4), the Board must, as soon as is practicable, give written notice of the variation, suspension or cancellation.

(6) The written notice must specify the grounds for the variation, suspension or cancellation.



22

Division 2—Registration

10 Person must not compete in a professional contest unless registered

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


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

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

10A Application for registration as a professional contestant

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

(2) An application—

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

* * * * *

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


s. 10

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


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

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



23

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

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

(3A) The registration of a person as a professional contestant may be subject to any conditions that the Board determines.

(3B) The conditions may be varied or revoked by the Board at any time.

(3C) If the Board varies or revokes a condition to which a person's registration is subject, the Board must, as soon as is practicable, give written notice of the variation or revocation to the person.

(3D) The written notice must specify the grounds for the variation or revocation.

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

10B Cancellation or suspension of registration

(1) This section applies if—

(a) the Board is notified under section 12 that a registered professional contestant is unfit to engage in professional contests generally; or

(b) the Board considers, having regard to the level of professional skills of a registered

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

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

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

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

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

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

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



24

professional contestant, that it is not in the interests of the health or safety of the contestant to engage in professional contests; or

(c) a registered professional contestant—

(i) is convicted of an offence against this Act or contravenes any provision of this Act or the regulations; orExample

Failure to present for a medical examination before or after a professional contest as required by section 12.

(ii) contravenes any provision of a law of another State or Territory that corresponds with a provision of this Act or the regulations; or

(iii) contravenes any conditions imposed on the contestant's registration under this Act.

(2) The Board—

(a) must cancel or suspend the contestant's registration if subsection (1)(a) or (1)(b) applies; and

(b) may cancel or suspend the contestant's registration if subsection (1)(c)(i), (ii) or (iii) applies.

(3) If the Board cancels a contestant's registration under subsection (2), the Board must disqualify the person from being re-registered as a professional contestant for any period the Board considers appropriate.

(4) If the Board suspends a contestant's registration under subsection (2), the registration is suspended—



25

(a) if the suspension is because the contestant is unfit under subsection (1)(a), until the contestant is able to satisfy the Board that he or she is fit to engage in professional contests under section 10C; or

(b) if the suspension is because the contestant lacks the required level of professional skills under subsection (1)(b), until the contestant is able to satisfy the Board that he or she has the level of professional skills required to engage in professional contests; or

(c) if the suspension is because subsection (1)(c)(i), (ii) or (iii) applies to the contestant, for a period the Board considers appropriate.

(5) In considering the level of a contestant's professional skills, the Board must have regard to—

(a) the contestant's defensive skills, including evasive skills and speed of reaction; and

(b) the contestant's mobility and ring generalship; and

(c) the contestant's strategic and tactical awareness; and

(d) the contestant's endurance and stamina; and

(e) any other factor the Board considers relevant to the contestant's ability to defend himself or herself in professional contests.

(6) If the Board suspends or cancels a contestant's registration under this section, the Board must advise the contestant of the suspension or cancellation orally or in writing.

(7) If the Board gives a contestant oral notice under subsection (6), the Board must, as soon as is



26

practicable, give the contestant written notice of the suspension or cancellation.

(8) The written notice must specify the grounds for the suspension or cancellation.

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

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

Division 3—Medical examinations and fitness tests

12 Compulsory medical examinations and fitness tests

(1) A professional contestant must present himself or herself to a medical practitioner—

(a) for a medical examination—

(i) within 24 hours before, and within 24 hours after, a professional contest; and

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

s. 10C

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




27

(ii) at any other time before a professional contest as directed by the Board; and

(b) for a medical examination or a fitness test at any other time as required by the regulations.

(2) A medical practitioner who conducts a medical examination or fitness test for the purposes of this section must conduct the examination or test, and record the results, in accordance with the regulations.


(3) If, after conducting the medical examination or fitness test, the medical practitioner finds the professional contestant is unfit to compete in a particular professional contest or professional contests generally, the medical practitioner must—

(a) declare the professional contestant to be unfit; and

(b) as soon as is practicable, give notice of the declaration to—

(i) the contestant; and

(ii) the Board; and

(iii) if the declaration is in respect of a particular professional contest, the promoter of that contest; and

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


(4) A contestant must not compete in a professional contest if a medical practitioner has declared the contestant unfit under this section until the



28

contestant is declared fit in accordance with this Act or the regulations.

(5) A person who is not required to be registered under this Act because the person is registered or licensed in another State or Territory must comply with this section as if the person were registered under this Act.

Division 4—Duties of promoters

13 Duties of Promoters. 13

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

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

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

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

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

(d) a medical practitioner is in attendance; and

(e) inquiries are made of any prospective employee of the promoter for the purposes of establishing if the prospective employee has

S. 13(1)(a) amended by Nos 36/1996 s. 14(b), 65/2013 s. 11(1)(a).

S. 13(1)(b) amended by No. 65/2013 s. 11(1)(b).

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

S. 13(1)(d) amended by Nos 74/2000 s. 3(Sch. 1 item 103.1), 65/2013 s. 11(1)(c).

S. 13(1)(e) inserted by No. 65/2013 s. 11(1)(d).



29

ever been denied a licence or had a licence cancelled under this Act; and

(f) inquiries are made of any person the promoter intends to enter into a business arrangement or business relationship relating to that professional contest for the purposes of establishing if the person has ever been denied a licence or had a licence cancelled under this Act.

(1A) A promoter must not, in respect of every professional contest that he or she promotes—

(a) knowingly employ a person who has been denied a licence or had a licence cancelled under this Act; or

(b) knowingly enter into a business arrangement or business relationship with any person relating to the professional contest if that person has been denied a licence or had a licence cancelled under this Act.

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


* * * * *

s. 13Pt 2 Div. 5 (Heading and s. 14) amended by Nos 36/1996 s. 15, 74/2000 s. 3(Sch. 1 item 103.2), 15/2001 ss 7(b)-(d), 9, substituted as Pt 2 Div. 5 (Heading and ss 14–14D) by No. 11/2008 s. 18.

Division 5—Professional Boxing and Combat Sports Board

S. 13(1)(f) inserted by No. 65/2013 s. 11(1)(d).

S. 13(1A) inserted by No. 65/2013 s. 11(2).

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

Pt 2 Div. 4A (Heading and s. 13A) inserted by No. 11/2008 s. 17, repealed by No. 65/2013 s. 12.



30

14 Establishment and membership of Board

(1) There is a Professional Boxing and Combat Sports Board.

(2) The Board must have at least 5, but no more than 7, members.

(3) The Board consists of—

(a) a Chairperson; and

(b) a police officer; and

(c) no more than 5 people who, in the Minister's opinion, have a good knowledge of boxing, or one or more combat sports.

(4) The members of the Board are to be appointed by the Minister.

(5) A member of the Board is entitled to be paid the fees, allowances and expenses fixed by the Governor in Council.

(6) A person holds office for the period, not exceeding 3 years, specified in the instrument of appointment and is eligible for re-appointment.

(7) The Minister may terminate the appointment of a member if the member—

(a) becomes incapable of performing his or her duties; or


s. 14

S. 14(3)(b) substituted by No. 37/2014 s. 10(Sch. item 132.2).



31

(b) is negligent in the performance of those duties; or

(c) engages in improper conduct; or

(d) fails to disclose a conflict of interest; or

(e) is found guilty of an offence against this Act.

14A Functions, powers and duties of Board

(1) The functions of the Board are—

(a) to advise the Minister on all matters relating to professional contests; and

(b) to exercise the powers, duties and functions conferred on the Board by or under this Act; and

(c) to supervise the conduct of weigh-ins and promotions.

(2) The Board may from time to time engage persons with special experience to enable the Board to carry out its functions.

(3) The Board has all powers necessary to carry out its functions.

(4) The Minister may give the Board directions in relation to the carrying out of its functions under this Act.

(5) The Board must comply with the directions of the Minister in carrying out its functions under this Act.

14B Board procedure

(1) The Board must meet at the times and places fixed by the Chairperson.

(2) The Chairperson has a deliberative and casting vote.

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

s. 14A




32

(3) A matter cannot be decided at a meeting of the Board unless more than half of its current members are present.

(4) The Chairperson may permit Board members to participate in a particular meeting, or all meetings, by telephone, closed circuit television or other means of communication.

(5) The Board may otherwise regulate its own procedure.

14C Delegation

S. 14C(1) substituted by No. 65/2013 s. 13(1).s. 14C

(1) The Board may, by a written instrument, delegate—

(a) to a member of the Board any of the Board's powers, duties or functions other than—

(i) a function under section 9AB or 9AC; and

(ii) this power of delegation;

(b) to an employee of the Department the power to determine applications for registration (or renewal of registration) as a professional contestant under section 10A.

(2) For the purposes of subsection (1)(a)—

(a) a power delegated to a Board member to determine applications for registration (or renewal of registration) as a professional contestant under section 10A may be exercised by that member acting alone; and

(b) a power delegated to a Board member to determine applications for a licence


S. 14C(2)(b) amended by No. 65/2013 s. 13(2).



33

(or renewal of a licence) to act as a trainer, match-maker, referee, judge or timekeeper under section 6 may be exercised only with the agreement of at least one other Board member; and

(c) any other power, duty or function delegated to a Board member may be exercised only with the agreement of at least 2 other Board members.

(3) For the purposes of subsection (1)(b), a power delegated to an employee of the Department to determine applications for registration (or renewal of registration) of a contestant may be exercised only with the agreement of at least one member of the Board.

(4) A delegate who makes a decision under a delegation must give the Board written notice of the decision as soon as is practicable after the decision is made.

(5) A notice under subsection (4) must, if the delegate was required to exercise the power, duty or function with the agreement of one or more Board members, specify the Board members or delegates who agreed to the exercise of the power, duty or function.

14D Immunity

(1) A member of the Board is not personally liable for anything done or omitted to be done in good faith—

(a) in the exercise of a power or the discharge of a duty under this Act; or

(b) in the reasonable belief that the act or omission was in the exercise of a power or the discharge of a duty under this Act.

S. 14C(3) substituted by No. 65/2013 s. 13(3).

s. 14D




34

(2) Any liability resulting from an act or omission that would but for subsection (1) attach to a member of the Board attaches instead to the State.

14E Disclosure of information

A member of the Board or an employee of the Department assisting the Board in performing its functions or exercising its powers, must not disclose to any person any information he or she has received in the performance of functions or exercise of powers under sections 6 to 6D and 9AA to 9AD unless the disclosure is in accordance with and for the purposes of this Act.

Penalty: 30 penalty units.

Division 6—Disclosure of information by Chief Commissioner

14F Disclosure of information by Chief Commissioner

The Chief Commissioner may disclose to the Board or any employee of the Department assisting the Board to perform its functions or exercise its powers any information he or she holds that is relevant to the suitability of a person to hold a licence under this Part.

—————————

S. 14E inserted by No. 65/2013 s. 14.

Part 2 Div. 6 (Heading and s. 14F) inserted by No. 65/2013 s. 15.

S. 14F inserted by No. 65/2013 s. 15.

s. 14EPart II—Professional Contests


35

PART III—DELEGATIONS

15 Minister may delegates. 15

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

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

* * * * *

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

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

* * * * *

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

(d) cancelling a permit for a promotion;

Part 3 (Heading) substituted by No. 65/2013 s. 16.

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

S. 15(8)(a)(b) repealed by No. 65/2013 s. 17(1).



36

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

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

* * * * *

s. 15AS. 15A inserted by No. 65/2013 s. 18, amended by No. 37/2014 s. 10(Sch. item 132.3).

15A Delegation by Chief Commissioner

The Chief Commissioner may by a written instrument delegate to a police officer, of or above the rank of inspector, any power, duty or function of the Chief Commissioner under this Act other than this power of delegation.

__________________

S. 15(8)(e) amended by No. 65/2013 s. 17(2).

S. 15(8)(f) amended by No. 65/2013 s. 17(2).

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



37

PART IV—REVIEW OF DECISIONS OF BOARD

16AA Definition

In this Part—

probity requirements mean the following requirements to be met by a person for that person to hold a licence—

(a) that the person is a fit and proper person to hold a licence;

(b) that it is not contrary to the public interest for the person to hold a licence.

16 Review by VCAT

S. 16(1) amended by Nos 11/2008 s. 21, 65/2013 s. 20(2)(a)(c).s. 16AA

(1) A person whose interests are affected by a decision of the Board—

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

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

(c) cancelling or suspending a licence; or

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

S. 16AA inserted by No. 65/2013 s. 19.


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



38

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

(da) banning a person from re-applying for the issue or renewal of a licence for a period greater than 12 months; or

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

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

may apply to the VCAT for review of the decision.

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

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

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

(3) Subsection (1) does not apply to a person whose interests are affected by a decision of the Board as specified in that subsection if the person is a prohibited person.

17 VCAT must ask the Board about protected information on receiving certain applications for review

(1) If VCAT receives an application for review under section 16(1)(a), (b), (c), (d) or (da), VCAT must ask the Board whether the grounds for the decision of the Board that is the subject of review

S. 16(1)(da) inserted by No. 65/2013 s. 20(2)(b).

S. 16(3) inserted by No. 65/2013 s. 20(3).

New s. 17 inserted by No. 65/2013 s. 21.



39

were wholly or partly based on any advice provided by the Chief Commissioner.

(2) If, in response to a request under subsection (1), the Board informs VCAT in writing that the decision was wholly or partly based on advice provided by the Chief Commissioner, VCAT must ask the Chief Commissioner if the advice provided to the Board—

(a) was based on any protected information; and

(b) whether any protected information was given to the Board.

17A Appointment of special counsel if review involves protected information

(1) If, in response to a request under section 17(2), the Chief Commissioner informs VCAT in writing that the advice was wholly or partly based on protected information and that protected information was given to the Board as part of the Chief Commissioner's advice to the Board, VCAT must appoint a special counsel to represent the interests of the applicant.

(2) If, in response to a request under section 17(2), the Chief Commissioner informs VCAT in writing that the advice was wholly or partly based on protected information but that the protected information was not given to the Board as part of the Chief Commissioner's advice to the Board, VCAT must appoint—

(a) a special counsel to the Board; and

(b) a special counsel to the applicant—

to represent the interests of each party.

(3) A special counsel must be a barrister within the meaning of the Legal Profession Act 2004 who, in the opinion of VCAT, has the appropriate skills




40

and ability to represent the interests of a party at the hearing.

(4) At any time before the special counsel attends the hearing or obtains any confidential affidavit in relation to the application, the special counsel may communicate with the party whose interests he or she is representing, or any representative of that party, for the purpose of obtaining information or instructions from the party or representative in relation to the proceeding.

(5) Subject to section 17C(3)(b), at any time after the special counsel commences to attend the hearing or obtains any confidential affidavit in relation to the application, the special counsel—

(a) must not take instructions from the party whose interests he or she is representing, or from any representative of that party; and

(b) must not communicate any other information in relation to the hearing to that party or a representative of that party without leave of VCAT, except to communicate any order made by VCAT at or in relation to the hearing.

(6) A special counsel may be required to sign a confidentiality undertaking to VCAT.

17B Hearing where protected information involved

(1) If, in response to a request under section 17(2), the Chief Commissioner informs VCAT in writing that the advice provided to the Board, that wholly or partly formed the basis of the Board's decision, was protected information—

(a) the Chief Commissioner must be joined as a party to the proceeding; and




41

(b) VCAT must at the hearing of the application first determine whether or not the information is protected information.

(2) For the purposes of making a determination under subsection (1)(b), VCAT may determine that a hearing or any part of it be held in private.

(3) The following provisions apply to a closed session under subsection (2)—

(a) if—

(i) section 17A(1) applies, only the Chief Commissioner, the Board and the special counsel are entitled to be present;

(ii) section 17A(2) applies, only the Chief Commissioner and the special counsels are entitled to be present;

(b) each party that is entitled to be present has a right to make submissions as to whether evidence supporting the grounds for the decision in respect of which the application is based amounts to protected information.

(4) After hearing the evidence of the Chief Commissioner, special counsel and, if section 17A(1) applies, the Board under subsection (3), VCAT must decide whether or not any of the evidence adduced amounts to protected information.

(5) If VCAT decides that none of the evidence adduced under subsection (3) amounts to protected information, VCAT must admit any party to the proceeding that was excluded from the closed session and the provisions of subsection (3) cease to apply to the conduct of the hearing.

17C Decision where protected information is involved

s. 17C




42

(1) Without limiting any other power of VCAT conferred by or under this or any other Act, if VCAT decides that any of the evidence adduced under section 17B(3) is protected information, the provisions of that subsection continue to apply to the hearing of the proceeding to the extent that it relates to protected information and each party that is entitled to be present has a right to make submissions as to—

(a) the weight that should be given to the evidence supporting the grounds for the decision in respect of which the application is based that amounts to protected information and any other evidence adduced; and

(b) the character of the applicant, being evidence indicating whether the applicant meets the probity requirements; and

(c) whether, in all the circumstances the licence should be issued, renewed or re-instated or the ban on applying for a licence reduced to 12 months or the condition of the licence determined, varied or revoked (as the case may be).

(2) In making a determination in a proceeding to which subsection (1) applies, VCAT must decide—

(a) what weight to give the protected information and any other evidence adduced; and

(b) whether the applicant meets the probity requirements based on the character of the applicant; and

(c) whether, in all the circumstances, the licence should be issued, renewed or re-instated or the ban on applying for a licence reduced to

s. 17CPart II—Professional Contests


43

12 months or the condition of the licence determined, varied or revoked (as the case may be).

(3) If VCAT decides that any of the evidence adduced under section 17B(3) forms protected information—

(a) VCAT must take all steps and precautions to prevent release of that information; and

(b) if special counsel wishes to seek further instructions from the party whose interests he or she is representing on one or more occasions in relation to that protected information, the special counsel may do so only by submitting written questions for the approval of VCAT after hearing any submission from the Chief Commissioner on their content.

(4) Despite section 117 of the Victorian Civil and Administrative Tribunal Act 1998, any order issued by VCAT in relation to a decision under this section must only state—

(a) whether the decision of the Board is upheld or overturned; and

(b) if the Board's decision is upheld, that the applicant has failed to meet the probity requirements for holding a licence.

(5) For the avoidance of doubt, VCAT may publish reasons for its decision to the extent that those reasons do not relate to protected information.

17D Board may change its decision

At any time before a final determination has been made by VCAT on a matter to which section 17B or 17C applies—

(a) the Board may change the Board's decision and issue, renew or re-instate the licence or

s. 17D




44

reduce the ban on applying for a licence to 12 months or determine that a condition of the licence not be varied or revoked or a new condition determined (as the case may be); and

(b) if the Board makes a decision as specified in paragraph (a)—

(i) the Board must advise VCAT; and

(ii) VCAT may make any orders it thinks fit in the disposition of the proceeding.

17E Chief Commissioner may request Board to reconsider decision without protected information

(1) At any time before a final determination has been made by VCAT on a matter to which section 17B or 17C applies, the Chief Commissioner may request the Board to re-consider the application on which the decision that is the subject of review is based without relying on any of the advice of the Chief Commissioner that was based on protected information.

(2) If the Chief Commissioner makes a request under subsection (1)—

(a) the Chief Commissioner must advise VCAT that a request has been made to the Board under subsection (1); and

(b) VCAT—

(i) must remit the matter for re-consideration by the Board in accordance with the request of the Chief Commissioner under subsection (1); and

(ii) may make any orders that VCAT thinks fit in the disposition of the proceeding.

S. 17E inserted by No. 65/2013 s. 21.

s. 17EPart II—Professional Contests


45

17F General provisions for hearing matters involving protected information

(1) For the purposes of a hearing to which section 17B or 17C applies, VCAT must be constituted by a presidential member.

(2) The following provisions do not apply to a proceeding for so long as section 17B or 17C applies—

(a) Subdivision 1 of Division 3 of Part 3 and section 49 of the Victorian Civil and Administrative Tribunal Act 1998;

(b) section 8 of the Administrative Law Act 1978.

(3) For the avoidance of doubt, subsection (2) does not apply to any extent that the proceedings do not involve protected information.

__________________

S. 17F inserted by No. 65/2013 s. 21.

s. 17FPart II—Professional Contests


46

PART V—OFFENCES

* * * * *

18 Aiding etc. offence

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

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

19 Proceedings for offence

(1) The following persons may institute proceedings for an offence against this Act—

(a) the Minister;

(b) a person authorised in writing by the Minister;

(c) the Chairperson of the Board, or a person authorised in writing by the Chairperson of the Board.

(2) A person who institutes legal proceedings in the name of the Minister or the Chairperson of the Professional Boxing and Combat Sports Board is taken to be authorised to take those proceedings, in the absence of evidence to the contrary.

20 Certificate of Minister shall be evidence

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

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

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

s. 18




47

21 Document under this Act shall be evidence

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

—————————



48

PART VI—REGULATIONS

22 Regulations

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

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

(b) the certificates or documents to accompany an application;

(c) matters relating to the conduct of promotions;

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

(e) matters relating to medical tests and fitness tests carried out for the purposes of this Act, including the form, type, frequency and reporting of those tests;

s. 22

S. 22(1)(b) amended by No. 23/1994 s. 118(Sch. 1 Item 44.3), repealed by No. 36/1996 s. 19(a), new s. 22(1)(b) inserted by No. 11/2008 s. 23(1), substituted by No. 65/2013 s. 22(1).

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

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

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



49

(f) matters relating to persons who are competing in Victoria and who are registered or licensed in another State or Territory;

(g) matters requiring professional contestants registered in Victoria to notify the Board when they are competing outside Victoria;

(h) matters relating to the arrival of contestants in Victoria before contests and other matters relating to the participation in contests of contestants who reside outside Victoria;

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

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

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

(l) fees for licences, permits and registrations;

(m) prescribing information to be included in applications;

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

(o) prescribing matters relevant to the consideration of whether—

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

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

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

s. 22

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

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

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

S. 22(1)(o) repealed by No. 36/1996 s. 19(a), new s. 22(1)(o) inserted by No. 65/2013 s. 22(2).



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(i) a person is a fit and proper person to hold a licence;

(ii) it is contrary to the public interest for a person to hold a licence;

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

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

s. 22S. 22(2) substituted by No. 65/2013 s. 22(3).

(2) The regulations may—

(a) be of general or limited application; and

(b) differ according to differences in time, place or circumstances; and

(c) provide in a specified case or class of case for the exemption of persons or things or class of persons or things from any of the provisions of the regulations, whether unconditionally or on specified conditions and either wholly or to such an extent as is specified.

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

__________________



51

PART VII—RULES

23 Board may make rules

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

_______________

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

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



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PART VIII—TRANSITIONAL AND SAVINGS PROVISIONS

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

24 Change to references to Act name

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

25 Effect of change to Board's name

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

26 Single registrations become dual registrations

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

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

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

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

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

s. 24





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27 Former martial art becomes a combat sport

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

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

28 Recognition of former named associations

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

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

29 Definition

In this Division—

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

30 Existing licences, permits and registrations

(1) A licence issued by the Minister under section 6, and in force immediately before the commencement of section 6 of the amending Act, continues after the commencement of section 6 of the amending Act, subject to the same conditions, as if it had been issued by the Board.

(2) A permit issued by the Minister under section 7, and in force immediately before the commencement of section 7 of the amending Act, continues after the commencement of section 7 of



s. 27

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

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

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



54

the amending Act, subject to the same conditions, as if it had been issued by the Board.

(3) A written notice given to a person by the Minister under section 8(3), and in force immediately before the commencement of section 8 of the amending Act, continues after the commencement of section 8 of the amending Act as if it had been given to the person by the Board.

(4) A person registered as a professional contestant under section 10A(3) (including a person whose registration has been renewed) by the Minister, and whose registration was in force immediately before the commencement of section 12 of the amending Act, continues after the commencement of section 12 to be registered as a professional contestant, subject to the same conditions, as if the person had been registered by the Board.

(5) If, immediately before the commencement of section 10 of the amending Act, a person's licence or permit under this Act was suspended or cancelled by the Minister, the person's licence or permit continues, after the commencement of section 10, to be suspended or cancelled as if it had been suspended or cancelled by the Board.

(6) If, immediately before the commencement of section 13 of the amending Act, a person's registration as a professional contestant, was suspended or cancelled by the Minister, the person's registration continues, after the commencement of section 13, to be suspended or cancelled as if it had been suspended or cancelled by the Board.

(7) A direction given to a person by the Minister under section 12(1), and in force immediately before the commencement of section 15 of the amending Act, continues to apply to the person



55

after the commencement of section 15 as if the direction had been given by the Board.

(8) A person whose interests are affected by a decision referred to in section 16 (other than a decision made in relation to a promoter's licence under section 15(8)) made by the Minister before the commencement of section 21 of the amending Act has, after the commencement of section 21, the same right under section 16 to apply to VCAT for a review of the decision as if the decision had been made by the Board.

(9) A person who, immediately before the commencement of section 21 of the amending Act, had a right under section 16 to apply to VCAT for a review of a decision made by the Minister under section 15(8) in relation to a promoter's licence continues, after the commencement of section 21, to have the right to apply to VCAT under section 16 for a review of the decision.

(10) Rules made by the Minister under section 23 of the Act, and in force immediately before the commencement of section 24 of the amending Act, continue after the commencement of section 24 as if the rules had been made by the Board.

31 Timekeepers

(1) To avoid any doubt, section 9(2A) applies to a licence issued and in force immediately before the commencement of section 9 of the amending Act.

(2) Despite subsection (1), a promoter may engage a timekeeper whose name is not on the list kept under section 13A, for a promotion conducted after the commencement of section 9(2) of the amending Act, if the permit for the promotion was issued before that commencement.

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



56

32 Existing applications

(1) If an application for a licence under section 6 has been made but not determined immediately before the commencement of section 6 of the amending Act, from the commencement of section 6 of the amending Act, the application may be decided under this Act, as amended by the amending Act, as if it had been made after that commencement.

(2) If an application for a permit under section 7 has been made but not determined immediately before the commencement of section 7 of the amending Act, from the commencement of section 7 of the amending Act, the application may be decided under this Act, as amended by the amending Act, as if it had been made after that commencement.

(3) If an application for registration as a professional contestant under section 10A(3) has been made but not decided before the commencement of section 12 of the amending Act, from the commencement of section 12, the application may be decided under this Act, as amended by the amending Act, as if it had been made after that commencement.

33 Existing Board members

(1) A person who, immediately before the commencement of section 18 of the amending Act, was a Board member continues after the commencement of section 18 to be a Board member.

(2) For the purposes of subsection (1), a Board member continues to hold office on the same terms and conditions as the member held office immediately before the commencement of section 18 of the amending Act.

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

s. 32

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



57

Division 3—Provisions for Professional Boxing and Combat Sports Amendment Act 2013

34 Definitions

In this Division—

Amending Act means the Professional Boxing and Combat Sports Amendment Act 2013;

commencement day means the day on which the Amending Act comes into operation.

35 List of persons who may act as timekeepers

(1) A person who is, immediately before the commencement day, on the list of timekeepers under section 13A as it was before its repeal by section 12 of the Amending Act, is on that day entitled to act as a timekeeper—

(a) for a period of 3 months from the commencement day; or

(b) until the person applies for a licence to act as a timekeeper under section 6 and the Board decides to issue or refuse that licence—

whichever is sooner.

(2) Despite the repeal of section 13A by section 12 of the Amending Act, a promoter may, on and after the commencement day, engage a person specified under subsection (1) to act as a timekeeper in accordance with subsection (1) without breaching the conditions of a licence to act as a promoter.

Pt 8 Div. 3 (Heading and ss 34–37) inserted by No. 65/2013 s. 23.

S. 34 inserted by No. 65/2013 s. 23.

s. 34

S. 35 inserted by No. 65/2013 s. 23.



58

36 Pending licence applications

If an application for a licence or a renewal of a licence under section 6 has been made but not determined before the commencement day, from the commencement day the application may be decided under section 6, as substituted by section 6 of the Amending Act.

37 Appeal to the Minister

(1) This section applies to an appeal made to the Minister, that has not been determined by the Minister, before the commencement day—

(a) under section 15(8)(a) or (b);

(b) in respect of the Board's decision to determine, vary or revoke a condition of a promoter's licence under section 15(8)(e);

(c) in respect of a decision of the Board to disqualify a person from obtaining a further promoter's licence.

(2) On and after the commencement day, the Minister must determine an appeal to which this section applies under section 15(8) as in force immediately before that day.

═══════════════

S. 36 inserted by No. 65/2013 s. 23.

s. 36

S. 37 inserted by No. 65/2013 s. 23.



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ENDNOTES

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

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

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

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

EndnotesPart II—Professional Contests


60

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

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

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

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

amending the Professional Boxing and Combat Sports Act 1985

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

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

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

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


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

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

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


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


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



61

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


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


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

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

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


Professional Boxing and Combat Sports Amendment Act 2013, No. 65/2013Assent Date: 6.11.13Commencement Date: Ss 4–23 on 7.11.13: s. 2Current State: This information relates only to the provision/s


Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014

Assent Date: 3.6.14Commencement Date: S. 10(Sch. item 132) on 1.7.14: Special Gazette

(No. 200) 24.6.14 p. 2Current State: This information relates only to the provision/s


Justice Legislation Amendment (Confiscation and Other Matters) Act 2014, No. 79/2014

Assent Date: 21.10.14Commencement Date: S. 65 on 22.10.14: s. 2(1)Current State: This information relates only to the provision/s


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



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3. Explanatory Details



63

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