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Professional Boxing and Combat Sports Amendment Bill 2007 by pengxiang

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									                 PARLIAMENT OF VICTORIA

          Professional Boxing and Combat Sports
                   Amendment Bill 2007



                      TABLE OF PROVISIONS
Clause                                                                     Page
  1      Purposes                                                             1
  2      Commencement                                                         2
  3      Principal Act                                                        2
  4      Definitions                                                          2
  5      Part II heading amended                                              3
  6      Board may license persons involved in professional contests          3
  7      Board may issue permit to conduct promotion                          3
  8      Promoters, trainers, match-makers, referees and judges must
         hold a licence                                                       3
  9      Licences and permits                                                 4
  10     Section 9A substituted                                               4
         9A       Variation, suspension or cancellation of licence or
                  permit                                                      4
  11     Person must not compete in a professional contest unless
         registered                                                           6
  12     Application for registration as a professional contestant            6
  13     Cancellation or suspension of registration                           7
         10B      Cancellation or suspension of registration                  7
  14     Restriction on re-registration of previously unfit professional
         contestant                                                           9
  15     Division 3 of Part II substituted                                   10
         Division 3—Medical examinations and fitness tests                   10
         12      Compulsory medical examinations and fitness tests           10
  16     Duties of promoters                                                 11
  17     New Division 4A of Part II                                          12
         Division 4A—Timekeepers                                             12
         13A      Board to keep list of persons who may act as
                  timekeepers                                                12




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                                             CORRECTED BY THE CLERK UNDER
                                                 STANDING ORDER 81: 28/2/2008
Clause                                                                  Page

  18     Division 5 of Part II substituted                                13
         Division 5—Professional Boxing and Combat Sports Board           13
         14      Establishment and membership of Board                    13
         14A     Functions, powers and duties of Board                    14
         14B     Board procedure                                          14
         14C     Delegation                                               15
         14D     Immunity                                                 16
  19     Delegation                                                       17
  20     Part IV heading                                                  17
  21     Review by Victorian Civil and Administrative Tribunal            17
  22     Section 19 substituted                                           17
         19      Proceedings for offence                                  17
  23     New regulation making powers                                     18
  24     Board may make rules                                             19
         23      Board may make rules                                     19
  25     New Division heading in Part VIII                                19
  26     New Division 2 of Part VIII                                      19
         Division 2—Provisions for Professional Boxing and Combat
         Sports Amendment Act 2007                                        19
         29      Definition                                               19
         30      Existing licences, permits and registrations             20
         31      Timekeepers                                              22
         32      Existing applications                                    22
         33      Existing Board members                                   23
  27     Repeal of amending Act                                           23
                            ═══════════════

ENDNOTES                                                                  24




561106B.I-28/2/2008                     ii         BILL LA INTRODUCTION AS
                                             CORRECTED BY THE CLERK UNDER
                                                 STANDING ORDER 81: 28/2/2008
                      PARLIAMENT OF VICTORIA

     Introduced in the Assembly




     Professional Boxing and Combat Sports
              Amendment Bill 2007


       A Bill for an Act to amend the Professional Boxing and Combat
                    Sports Act 1985 and for other purposes.




     The Parliament of Victoria enacts:


            1 Purposes
                       The main purpose of this Act is to amend the
                       Professional Boxing and Combat Sports Act
                       1985 to—
5                          (a) provide for powers, duties and functions to
                               be exercised by the Professional Boxing and
                               Combat Sports Board; and
                           (b) provide for the Minister to give directions to
                               the Board; and
10                         (c) enable the Board to prevent contestants who
                               lack the necessary professional skills from
                               competing in professional contests; and


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                                                CORRECTED BY THE CLERK UNDER
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                             Professional Boxing and Combat Sports Amendment Bill 2007

      s. 2


                                           (d) provide for a list of persons who may act as
                                               timekeepers for promotions; and
                                           (e) provide power to make regulations about the
                                               list of timekeepers, medical tests conducted
5                                              for the purposes of the Act and other matters
                                               relating to professional contestants,
                                               professional contests and promotions; and
                                           (f) otherwise improve the operation of that Act.
                            2 Commencement
10                                (1) Subject to subsection (2), this Act comes into
                                      operation on a day or days to be proclaimed.
                                  (2) If a provision of this Act does not come into
                                      operation before 1 July 2008, it comes into
                                      operation on that day.
15                          3 Principal Act
     See:                              In this Act, the Professional Boxing and Combat
     Act No.
     10183.                            Sports Act 1985 is called the Principal Act.
     Reprint No. 2
     as at
     20 September
     2001
     and
     amending
     Act Nos
     97/2005 and
     28/2007.
     LawToday:
     www.
     legislation.
     vic.gov.au



                            4 Definitions
                                       In section 5 of the Principal Act—
20                                         (a) insert the following definitions—
                                               "Department means the Department of
                                                   Planning and Community
                                                   Development;



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                                                                                   s. 5


                               timekeeper means a person who regulates
                                    the number and length of rounds, and
                                    the interval between rounds, of a
                                    professional contest;";
5                          (b) in the definition of licensing authority, for
                               "Minister" (wherever occurring) substitute
                               "Board".
            5 Part II heading amended
                       In the heading to Part II of the Principal Act, omit
10                     "BOXING".
            6 Board may license persons involved in professional
              contests
                  (1) Insert the following heading to section 6 of the
                      Principal Act—
15                     "Board may license persons involved in
                       professional contests".
                  (2) In sections 6(1), 6(3) and 6(4) of the Principal
                      Act, for "Minister" (wherever occurring)
                      substitute "Board".
20          7 Board may issue permit to conduct promotion
                  (1) Insert the following heading to section 7 of the
                      Principal Act—
                       "Board may issue permit to conduct
                       promotion".
25                (2) In sections 7(1) and 7(2) of the Principal Act, for
                      "Minister" (wherever occurring) substitute
                      "Board".
            8 Promoters, trainers, match-makers, referees and
              judges must hold a licence
30                     In section 8(3) of the Principal Act, for "Minister"
                       substitute "Board".




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                    Professional Boxing and Combat Sports Amendment Bill 2007

     s. 9


                   9 Licences and permits
                         (1) In section 9(2) of the Principal Act, for "Minister"
                             substitute "Board".
                         (2) After section 9(2) of the Principal Act insert—
5                          "(2A) It is a condition of each promoter's licence
                                 that the promoter must only engage persons
                                 whose names are on the list kept under
                                 section 13A to act as timekeepers for
                                 promotions.".
10                       (3) For sections 9(4) and 9(5) of the Principal Act
                             substitute—
                              "(4) If the Board varies or revokes a condition to
                                   which a licence or permit is subject, the
                                   Board must, as soon as is practicable, give
15                                 written notice of the variation or revocation
                                   to the holder of the licence or permit.
                                  (5) The written notice must specify the grounds
                                      for the variation or revocation.
                                  (6) The holder of a licence or permit under this
20                                    Act must comply with any conditions that
                                      apply to the licence or permit.".
                  10 Section 9A substituted
                              For section 9A of the Principal Act substitute—
                              "9A Variation, suspension or cancellation of
25                                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
30                                          Act or the regulations; or




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                                                                                    s. 10


                                (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
5                                (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
10                                  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
15                                  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
20                             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
25                             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
30                             permit oral notice under subsection (4), the
                               Board must, as soon as is practicable, give
                               written notice of the variation, suspension or
                               cancellation.




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                                                 CORRECTED BY THE CLERK UNDER
                                                     STANDING ORDER 81: 28/2/2008
                     Professional Boxing and Combat Sports Amendment Bill 2007

     s. 11


                                   (6) The written notice must specify the grounds
                                       for the variation, suspension or
                                       cancellation.".
                   11 Person must not compete in a professional contest
5                     unless registered
                               In section 10(3) of the Principal Act, for
                               "Minister" substitute "Board".
                   12 Application for registration as a professional
                      contestant
10                        (1) In sections 10A(1) and 10A(3) of the Principal
                              Act, for "Minister" (wherever occurring)
                              substitute "Board".
                          (2) In section 10A(3) of the Principal Act, after
                              "required by" insert "this Act or".
15                        (3) After section 10A(3) of the Principal Act insert—
                            "(3A) The registration of a person as a professional
                                  contestant may be subject to any conditions
                                  that the Board determines.
                              (3B) The conditions may be varied or revoked by
20                                 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
25                                 to the person.
                              (3D) The written notice must specify the grounds
                                   for the variation or revocation.".




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                                                        CORRECTED BY THE CLERK UNDER
                                                            STANDING ORDER 81: 28/2/2008
             Professional Boxing and Combat Sports Amendment Bill 2007

                                                                                    s. 13


           13 Cancellation or suspension of registration
                       For section 10B of the Principal Act substitute—
                     "10B Cancellation or suspension of registration
                           (1) This section applies if—
5                               (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
10                                  the level of professional skills of a
                                    registered professional contestant, that
                                    it is not in the interests of the health or
                                    safety of the contestant to engage in
                                    professional contests; or
15                              (c) a registered professional contestant—
                                      (i) is convicted of an offence against
                                          this Act or contravenes any
                                          provision of this Act or the
                                          regulations; or
20                                        Example
                                          Failure to present for a medical
                                          examination before or after a
                                          professional contest as required by
                                          section 12.
25                                   (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
30                                        imposed on the contestant's
                                          registration under this Act.




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                                                 CORRECTED BY THE CLERK UNDER
                                                     STANDING ORDER 81: 28/2/2008
                     Professional Boxing and Combat Sports Amendment Bill 2007

     s. 13


                                   (2) The Board—
                                         (a) must cancel or suspend the contestant's
                                             registration if subsection (1)(a) or
                                             (1)(b) applies; and
5                                        (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
10                                     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
15                                     registration is suspended—
                                         (a) if the suspension is because the
                                             contestant is unfit under subsection
                                             (1)(a), until the contestant is able to
                                             satisfy the Board that he or she is fit to
20                                           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
25                                           (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
30                                           (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
35                                     regard to—



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                                                              STANDING ORDER 81: 28/2/2008
             Professional Boxing and Combat Sports Amendment Bill 2007

                                                                                    s. 14


                                 (a) the contestant's defensive skills,
                                     including evasive skills and speed of
                                     reaction; and
                                 (b) the contestant's mobility and ring
5                                    generalship; and
                                 (c) the contestant's strategic and tactical
                                     awareness; and
                                 (d) the contestant's endurance and stamina;
                                     and
10                               (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
15                             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
20                             under subsection (6), the Board must, as
                               soon as is practicable, give the contestant
                               written notice of the suspension or
                               cancellation.
                           (8) The written notice must specify the grounds
25                             for the suspension or cancellation.".
           14 Restriction on re-registration of previously unfit
              professional contestant
                  (1) Insert the following heading to section 10C of the
                      Principal Act—
30                     "Restriction on re-registration of previously
                       unfit professional contestant".
                  (2) In section 10C of the Principal Act, for "Minister"
                      (wherever occurring) substitute "Board".



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                                                 CORRECTED BY THE CLERK UNDER
                                                     STANDING ORDER 81: 28/2/2008
                     Professional Boxing and Combat Sports Amendment Bill 2007

     s. 15


                          (3) In section 10C of the Principal Act, for "10B(1)"
                              substitute "10B(2) on the grounds referred to in
                              section 10B(1)(a)".
                   15 Division 3 of Part II substituted
5                              For Division 3 of Part II of the Principal Act
                               substitute—

                                   "Division 3—Medical examinations and fitness
                                                      tests

                                   12 Compulsory medical examinations and
10                                    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
15                                                 24 hours after, a professional
                                                   contest; and
                                              (ii) at any other time before a
                                                   professional contest as directed by
                                                   the Board; and
20                                       (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
25                                     purposes of this section must conduct the
                                       examination or test, and record the results, in
                                       accordance with the regulations.
                                       Penalty: 120 penalty units or imprisonment
                                                for 12 months or both.
30                                 (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


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                                                             STANDING ORDER 81: 28/2/2008
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                                                                                    s. 16


                               or professional contests generally, the
                               medical practitioner must—
                                 (a) declare the professional contestant to be
                                     unfit; and
5                                (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
10                                         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.
15                             Penalty: 120 penalty units or imprisonment
                                        for 12 months or both.
                           (4) A contestant must not compete in a
                               professional contest if a medical practitioner
                               has declared the contestant unfit under this
20                             section until the contestant is declared fit in
                               accordance with this Act or the regulations.
                           (5) A person who is not required to be registered
                               under this Act because the person is
                               registered or licensed in another State or
25                             Territory must comply with this section as if
                               the person were registered under this Act.".
           16 Duties of promoters
                       For section 13(1)(c) of the Principal Act
                       substitute—
30                     "(c) the provisions of the relevant regulations are
                            complied with; and".




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                                                 CORRECTED BY THE CLERK UNDER
                                                     STANDING ORDER 81: 28/2/2008
                     Professional Boxing and Combat Sports Amendment Bill 2007

     s. 17


                   17 New Division 4A of Part II
                               After section 13 of the Principal Act insert—

                                             "Division 4A—Timekeepers

                              13A Board to keep list of persons who may act
5                                 as timekeepers
                                   (1) The Board must keep a list of persons who
                                       may act as timekeepers.
                                   (2) The Board may include a person on the list
                                       of timekeepers if the Board is satisfied that
10                                     the person has the necessary skills and
                                       knowledge to act as a timekeeper.
                                   (3) The Board may remove a person from the
                                       list of timekeepers if the Board is satisfied
                                       that the person—
15                                       (a) no longer has the necessary skills and
                                             knowledge to be a timekeeper; or
                                         (b) is otherwise unfit to continue to act as a
                                             timekeeper, having regard to the
                                             person's conduct.
20                                 (4) If the Board removes a person from the list
                                       of timekeepers, the Board must—
                                         (a) advise the person of the removal as
                                             soon as is practicable after the removal
                                             and provide reasons for the removal;
25                                           and
                                         (b) if the Board is aware that the
                                             timekeeper has been engaged by a
                                             promoter in relation to a particular
                                             promotion, advise the promoter of the
30                                           removal as soon as is practicable after
                                             the removal.".




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                                                             STANDING ORDER 81: 28/2/2008
             Professional Boxing and Combat Sports Amendment Bill 2007

                                                                                   s. 18


           18 Division 5 of Part II substituted
                       For Division 5 of Part II of the Principal Act
                       substitute—

                           "Division 5—Professional Boxing and Combat
5                                         Sports Board

                           14 Establishment and membership of Board
                           (1) There is a Professional Boxing and Combat
                               Sports Board.
                           (2) The Board must have at least 5, but no more
10                             than 7, members.
                           (3) The Board consists of—
                                 (a) a Chairperson; and
                                (b) a member of the police force of
                                    Victoria; and
15                               (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
20                             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
25                             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—
30                               (a) becomes incapable of performing his or
                                     her duties; or



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     s. 18


                                         (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
5                                        (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
10                                           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
15                                           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
20                                     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
25                                     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.
30                                 (2) The Chairperson has a deliberative and
                                       casting vote.




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                                                                                    s. 18


                           (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
5                              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.
10                    14C Delegation
                           (1) The Board may, by a written instrument,
                               delegate—
                                 (a) any of the Board's powers, duties or
                                     functions under this Act, other than this
15                                   power of delegation, to a member of the
                                     Board; or
                                (b) to an employee of the Department the
                                    power to determine applications for—
                                       (i) registration (or renewal of
20                                         registration) as a professional
                                           contestant under section 10A; or
                                      (ii) a licence (or renewal of a licence)
                                           to act as a trainer, match-maker,
                                           referee or judge under section 6.
25                         (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
30                                   section 10A may be exercised by that
                                     member acting alone; and
                                (b) a power delegated to a Board member
                                    to determine applications for a licence
                                    (or renewal of a licence) to act as a


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                                                 CORRECTED BY THE CLERK UNDER
                                                     STANDING ORDER 81: 28/2/2008
                     Professional Boxing and Combat Sports Amendment Bill 2007

     s. 18


                                            trainer, match-maker, referee or judge
                                            under section 6 may be exercised only
                                            with the agreement of at least one other
                                            Board member; and
5                                       (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)—
10                                      (a) a power delegated to an employee of
                                            the Department to determine
                                            applications for registration (or renewal
                                            of registration) of a contestant may be
                                            exercised only with the agreement of at
15                                          least one member of the Board; and
                                        (b) a power delegated to an employee of
                                            the Department to determine
                                            applications for a licence (or renewal of
                                            a licence) to act as a trainer, match-
20                                          maker, referee or judge may be
                                            exercised only with the agreement of at
                                            least 2 members of the Board.
                                   (4) A delegate who makes a decision under a
                                       delegation must give the Board written
25                                     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
30                                     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
35                                     liable for anything done or omitted to be
                                       done in good faith—


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                                                            STANDING ORDER 81: 28/2/2008
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                                                                                   s. 19


                                (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
5                                   or the discharge of a duty under this
                                    Act.
                           (2) Any liability resulting from an act or
                               omission that would but for subsection (1)
                               attach to a member of the Board attaches
10                             instead to the State.".
           19 Delegation
                  (1) In section 15(1) of the Principal Act, omit
                      "for Victorian Communities".
                  (2) Sections 15(2), 15(3), 15(4), 15(5) and 15(6) of
15                    the Principal Act are repealed.
           20 Part IV heading
                       In the heading to Part IV of the Principal Act, for
                       "MINISTER" substitute "BOARD".
           21 Review by Victorian Civil and Administrative
20            Tribunal
                       In section 16(1) of the Principal Act, for "decision
                       of the Minister or of a delegate of the Minister
                       under this Act" substitute "decision of the
                       Minister under section 15(8) in relation to a
25                     promoter's licence or a decision of the Board".
           22 Section 19 substituted
                       For section 19 of the Principal Act substitute—
                       "19 Proceedings for offence
                           (1) The following persons may institute
30                             proceedings for an offence against this Act—
                                (a) the Minister;




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     s. 23


                                        (b) a person authorised in writing by the
                                            Minister;
                                         (c) the Chairperson of the Board, or a
                                             person authorised in writing by the
5                                            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
10                                     those proceedings, in the absence of
                                       evidence to the contrary.".
                   23 New regulation making powers
                          (1) After section 22(1)(a) of the Principal Act
                              insert—
15                             "(b) matters relating to keeping a list of persons
                                    who may act as timekeepers;
                                   (c) matters relating to the conduct of
                                       promotions;".
                          (2) In section 22(1)(d) of the Principal Act, after
20                            "medical examinations and" insert "medical
                              treatment and".
                          (3) After section 22(1)(d) of the Principal Act
                              insert—
                               "(e) matters relating to medical tests and fitness
25                                  tests carried out for the purposes of this Act,
                                    including the form, type, frequency and
                                    reporting of those tests;
                                   (f) matters relating to persons who are
                                       competing in Victoria and who are registered
30                                     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;



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                                                                                    s. 24


                           (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;".
5                 (4) In section 22(1)(k) of the Principal Act, after
                      "unfit" insert "or lacking the required professional
                      skills to compete in professional contests".
                  (5) In section 22(n) of the Principal Act, after
                      "permits" insert ", registrations".
10         24 Board may make rules
                       For section 23 of the Principal Act substitute—
                       "23 Board may make rules
                               The Board may make rules for the proper
                               conduct of professional contests.".
15         25 New Division heading in Part VIII
                       After the heading to Part VIII of the Principal Act,
                       insert—

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

           26 New Division 2 of Part VIII
                       After section 28 of the Principal Act insert—

                              "Division 2—Provisions for Professional
                              Boxing and Combat Sports Amendment
25                                          Act 2007

                           29 Definition
                               In this Division—
                               amending Act means the Professional
                                   Boxing and Combat Sports
30                                 Amendment Act 2007.



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     s. 26


                                   30 Existing licences, permits and
                                      registrations
                                   (1) A licence issued by the Minister under
                                       section 6, and in force immediately before
5                                      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.
10                                 (2) A permit issued by the Minister under
                                       section 7, and in force immediately before
                                       the commencement of section 7 of the
                                       amending Act, continues after the
                                       commencement of section 7 of the amending
15                                     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
20                                     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
25                                     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
30                                     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.
35                                 (5) If, immediately before the commencement of
                                       section 10 of the amending Act, a person's
                                       licence or permit under this Act was


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                                                                                    s. 26


                               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
5                              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
10                             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
15                             under section 12(1), and in force
                               immediately before the commencement of
                               section 15 of the amending Act, continues to
                               apply to the person after the commencement
                               of section 15 as if the direction had been
20                             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
25                             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
30                             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
35                             made by the Minister under section 15(8) in
                               relation to a promoter's licence continues,
                               after the commencement of section 21, to


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     s. 26


                                       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
5                                  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
10                                 (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
15                                     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
20                                     promotion was issued before that
                                       commencement.
                                   32 Existing applications
                                   (1) If an application for a licence under section 6
                                       has been made but not determined
25                                     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,
30                                     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
35                                     section 7 of the amending Act, from the
                                       commencement of section 7 of the amending


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                                                                                    s. 27


                               Act, the application may be decided under
                               this Act, as amended by the amending Act,
                               as if it had been made after that
                               commencement.
5                          (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
10                             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
15                         (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.
20                         (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
25                             amending Act.".
           27 Repeal of amending Act
                       This Act is repealed on 1 July 2009.
                       Note
                       The repeal of this Act does not affect the continuing
30                     operation of the amendments made by it (see section 15(1)
                       of the Interpretation of Legislation Act 1984).
                                 ═══════════════




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                   Professional Boxing and Combat Sports Amendment Bill 2007


Endnotes



                                               ENDNOTES




                           By Authority. Government Printer for the State of Victoria.




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                                                                  STANDING ORDER 81: 28/2/2008

								
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