Professional Boxing and Combat Sports Amendment Act 2008 by taoyni

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									          Professional Boxing and Combat Sports
                   Amendment Act 2008
                                No. 11 of 2008


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




                                         i
Section                                                            Page

  18      Division 5 of Part II substituted                          13
          Division 5—Professional Boxing and Combat Sports Board     13
          14      Establishment and membership of Board              13
          14A     Functions, powers and duties of Board              14
          14B     Board procedure                                    15
          14C     Delegation                                         15
          14D     Immunity                                           17
  19      Delegation                                                 17
  20      Part IV heading                                            17
  21      Review by Victorian Civil and Administrative Tribunal      17
  22      Section 19 substituted                                     18
          19      Proceedings for offence                            18
  23      New regulation making powers                               18
  24      Board may make rules                                       19
          23      Board may make rules                               19
  25      New Division heading in Part VIII                          19
  26      New Division 2 of Part VIII                                20
          Division 2—Provisions for Professional Boxing and
          Combat Sports Amendment Act 2008                           20
          29      Definition                                         20
          30      Existing licences, permits and registrations       20
          31      Timekeepers                                        22
          32      Existing applications                              23
          33      Existing Board members                             23
  27      Repeal of amending Act                                     24
                             ═══════════════

ENDNOTES                                                             25




                                         ii
                           Victoria




Professional Boxing and Combat Sports
         Amendment Act 2008†
                      No. 11 of 2008

                                  [Assented to 18 March 2008]


The Parliament of Victoria enacts:


     1 Purposes
             The main purpose of this Act is to amend the
             Professional Boxing and Combat Sports Act
             1985 to—
              (a) provide for powers, duties and functions to
                  be exercised by the Professional Boxing and
                  Combat Sports Board; and
              (b) provide for the Minister to give directions to
                  the Board; and



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                Professional Boxing and Combat Sports Amendment Act 2008
                                       No. 11 of 2008
 s. 2


                         (c) enable the Board to prevent contestants who
                             lack the necessary professional skills from
                             competing in professional contests; and
                         (d) provide for a list of persons who may act as
                             timekeepers for promotions; and
                         (e) provide power to make regulations about the
                             list of timekeepers, medical tests conducted
                             for the purposes of the Act and other matters
                             relating to professional contestants,
                             professional contests and promotions; and
                          (f) otherwise improve the operation of that Act.
                2 Commencement
                    (1) Subject to subsection (2), this Act comes into
                        operation on a day or days to be proclaimed.
                    (2) If a provision of this Act does not come into
                        operation before 1 July 2008, it comes into
                        operation on that day.
                3 Principal Act
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




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Professional Boxing and Combat Sports Amendment Act 2008
                       No. 11 of 2008
                                                               s. 4


4 Definitions
        In section 5 of the Principal Act—
         (a) insert the following definitions—
              "Department means the Department of
                  Planning and Community
                  Development;
              timekeeper means a person who regulates
                   the number and length of rounds, and
                   the interval between rounds, of a
                   professional contest;";
         (b) in the definition of licensing authority, for
             "Minister" (wherever occurring) substitute
             "Board".
5 Part II heading amended
        In the heading to Part II of the Principal Act, omit
        "BOXING".
6 Board may license persons involved in professional
  contests
    (1) Insert the following heading to section 6 of the
        Principal Act—
        "Board may license persons involved in
        professional contests".
    (2) In sections 6(1), 6(3) and 6(4) of the Principal
        Act, for "Minister" (wherever occurring)
        substitute "Board".
7 Board may issue permit to conduct promotion
    (1) Insert the following heading to section 7 of the
        Principal Act—
        "Board may issue permit to conduct
        promotion".




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       Professional Boxing and Combat Sports Amendment Act 2008
                              No. 11 of 2008
s. 8


           (2) In sections 7(1) and 7(2) of the Principal Act, for
               "Minister" (wherever occurring) substitute
               "Board".
       8 Promoters, trainers, match-makers, referees and
         judges must hold a licence
               In section 8(3) of the Principal Act, for "Minister"
               substitute "Board".
       9 Licences and permits
           (1) In section 9(2) of the Principal Act, for "Minister"
               substitute "Board".
           (2) After section 9(2) of the Principal Act insert—
             "(2A) It is a condition of each promoter's licence
                   that the promoter must only engage persons
                   whose names are on the list kept under
                   section 13A to act as timekeepers for
                   promotions.".
           (3) For sections 9(4) and 9(5) of the Principal Act
               substitute—
               "(4) If the Board varies or revokes a condition to
                    which a licence or permit is subject, the
                    Board must, as soon as is practicable, give
                    written notice of the variation or revocation
                    to the holder of the licence or permit.
                (5) The written notice must specify the grounds
                    for the variation or revocation.
                (6) The holder of a licence or permit under this
                    Act must comply with any conditions that
                    apply to the licence or permit.".




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 Professional Boxing and Combat Sports Amendment Act 2008
                        No. 11 of 2008
                                                               s. 10


10 Section 9A substituted
         For section 9A of the Principal Act substitute—
        "9A Variation, suspension or cancellation of
            licence or permit
          (1) This section applies if a person who holds a
              licence or permit—
                (a) is convicted of an offence against this
                    Act or contravenes any provision of this
                    Act or the regulations; or
                (b) contravenes a provision of a law of
                    another State or a Territory that
                    corresponds with a provision of this Act
                    or the regulations; or
                (c) does, or omits to do, an act in another
                    State or a Territory that would
                    contravene this Act or the regulations;
                    or
                (d) contravenes a condition of the licence
                    or permit.
          (2) The Board may—
                (a) vary the conditions on which the
                    licence or permit was issued; or
                (b) suspend the licence or permit for any
                    period the Board considers appropriate;
                    or
                (c) cancel the licence or permit.
          (3) If the Board cancels a person's licence or
              permit under subsection (2), the Board must
              disqualify the person from obtaining a
              further licence or permit for any period the
              Board considers appropriate.




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         Professional Boxing and Combat Sports Amendment Act 2008
                                No. 11 of 2008
s. 11


                  (4) If the Board varies the conditions of, or
                      suspends or cancels, a licence or permit
                      under this section, the Board must advise the
                      holder of the licence or permit of the
                      variation, suspension or cancellation orally
                      or in writing.
                  (5) If the Board gives the holder of a licence or
                      permit oral notice under subsection (4), the
                      Board must, as soon as is practicable, give
                      written notice of the variation, suspension or
                      cancellation.
                  (6) The written notice must specify the grounds
                      for the variation, suspension or
                      cancellation.".
        11 Person must not compete in a professional contest
           unless registered
                 In section 10(3) of the Principal Act, for
                 "Minister" substitute "Board".
        12 Application for registration as a professional
           contestant
             (1) In sections 10A(1) and 10A(3) of the Principal
                 Act, for "Minister" (wherever occurring)
                 substitute "Board".
             (2) In section 10A(3) of the Principal Act, after
                 "required by" insert "this Act or".
             (3) After section 10A(3) of the Principal Act insert—
               "(3A) The registration of a person as a professional
                     contestant may be subject to any conditions
                     that the Board determines.
                (3B) The conditions may be varied or revoked by
                     the Board at any time.




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 Professional Boxing and Combat Sports Amendment Act 2008
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                                                                  s. 13


        (3C) If the Board varies or revokes a condition to
             which a person's registration is subject, the
             Board must, as soon as is practicable, give
             written notice of the variation or revocation
             to the person.
        (3D) The written notice must specify the grounds
             for the variation or revocation.".
13 Cancellation or suspension of registration
         For section 10B of the Principal Act substitute—
       "10B Cancellation or suspension of registration
          (1) This section applies if—
                (a) the Board is notified under section 12
                    that a registered professional contestant
                    is unfit to engage in professional
                    contests generally; or
                (b) the Board considers, having regard to
                    the level of professional skills of a
                    registered professional contestant, that
                    it is not in the interests of the health or
                    safety of the contestant to engage in
                    professional contests; or
                (c) a registered professional contestant—
                      (i) is convicted of an offence against
                          this Act or contravenes any
                          provision of this Act or the
                          regulations; or
                          Example
                          Failure to present for a medical
                          examination before or after a
                          professional contest as required by
                          section 12.
                     (ii) contravenes any provision of a
                          law of another State or Territory
                          that corresponds with a provision
                          of this Act or the regulations; or


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        Professional Boxing and Combat Sports Amendment Act 2008
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                            (iii) contravenes any conditions
                                  imposed on the contestant's
                                  registration under this Act.
                 (2) The Board—
                       (a) must cancel or suspend the contestant's
                           registration if subsection (1)(a) or
                           (1)(b) applies; and
                       (b) may cancel or suspend the contestant's
                           registration if subsection (1)(c)(i), (ii)
                           or (iii) applies.
                 (3) If the Board cancels a contestant's
                     registration under subsection (2), the Board
                     must disqualify the person from being
                     re-registered as a professional contestant for
                     any period the Board considers appropriate.
                 (4) If the Board suspends a contestant's
                     registration under subsection (2), the
                     registration is suspended—
                       (a) if the suspension is because the
                           contestant is unfit under subsection
                           (1)(a), until the contestant is able to
                           satisfy the Board that he or she is fit to
                           engage in professional contests under
                           section 10C; or
                       (b) if the suspension is because the
                           contestant lacks the required level of
                           professional skills under subsection
                           (1)(b), until the contestant is able to
                           satisfy the Board that he or she has the
                           level of professional skills required to
                           engage in professional contests; or
                       (c) if the suspension is because subsection
                           (1)(c)(i), (ii) or (iii) applies to the
                           contestant, for a period the Board
                           considers appropriate.



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 Professional Boxing and Combat Sports Amendment Act 2008
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                                                              s. 14


          (5) In considering the level of a contestant's
              professional skills, the Board must have
              regard to—
                (a) the contestant's defensive skills,
                    including evasive skills and speed of
                    reaction; and
                (b) the contestant's mobility and ring
                    generalship; and
                (c) the contestant's strategic and tactical
                    awareness; and
                (d) the contestant's endurance and stamina;
                    and
                (e) any other factor the Board considers
                    relevant to the contestant's ability to
                    defend himself or herself in
                    professional contests.
          (6) If the Board suspends or cancels a
              contestant's registration under this section,
              the Board must advise the contestant of the
              suspension or cancellation orally or in
              writing.
          (7) If the Board gives a contestant oral notice
              under subsection (6), the Board must, as
              soon as is practicable, give the contestant
              written notice of the suspension or
              cancellation.
          (8) The written notice must specify the grounds
              for the suspension or cancellation.".
14 Restriction on re-registration of previously unfit
   professional contestant
     (1) Insert the following heading to section 10C of the
         Principal Act—
         "Restriction on re-registration of previously
         unfit professional contestant".


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         Professional Boxing and Combat Sports Amendment Act 2008
                                No. 11 of 2008
s. 15


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

                  "Division 3—Medical examinations and fitness
                                     tests

                  12 Compulsory medical examinations and
                     fitness tests
                  (1) A professional contestant must present
                      himself or herself to a medical practitioner—
                        (a) for a medical examination—
                              (i) within 24 hours before, and within
                                  24 hours after, a professional
                                  contest; and
                             (ii) at any other time before a
                                  professional contest as directed by
                                  the Board; and
                        (b) for a medical examination or a fitness
                            test at any other time as required by the
                            regulations.
                  (2) A medical practitioner who conducts a
                      medical examination or fitness test for the
                      purposes of this section must conduct the
                      examination or test, and record the results, in
                      accordance with the regulations.
                       Penalty: 120 penalty units or imprisonment
                                for 12 months or both.




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Professional Boxing and Combat Sports Amendment Act 2008
                       No. 11 of 2008
                                                                  s. 15


         (3) If, after conducting the medical examination
             or fitness test, the medical practitioner finds
             the professional contestant is unfit to
             compete in a particular professional contest
             or professional contests generally, the
             medical practitioner must—
               (a) declare the professional contestant to be
                   unfit; and
               (b) as soon as is practicable, give notice of
                   the declaration to—
                     (i) the contestant; and
                    (ii) the Board; and
                    (iii) if the declaration is in respect of a
                          particular professional contest, the
                          promoter of that contest; and
               (c) complete and forward to the Board a
                   report in writing about the medical
                   examination or fitness test.
              Penalty: 120 penalty units or imprisonment
                       for 12 months or both.
         (4) A contestant must not compete in a
             professional contest if a medical practitioner
             has declared the contestant unfit under this
             section until the contestant is declared fit in
             accordance with this Act or the regulations.
         (5) A person who is not required to be registered
             under this Act because the person is
             registered or licensed in another State or
             Territory must comply with this section as if
             the person were registered under this Act.".




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         Professional Boxing and Combat Sports Amendment Act 2008
                                No. 11 of 2008
s. 16


        16 Duties of promoters
                 For section 13(1)(c) of the Principal Act
                 substitute—
                 "(c) the provisions of the relevant regulations are
                      complied with; and".
        17 New Division 4A of Part II
                 After section 13 of the Principal Act insert—

                            "Division 4A—Timekeepers

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




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 Professional Boxing and Combat Sports Amendment Act 2008
                        No. 11 of 2008
                                                              s. 18


                (b) if the Board is aware that the
                    timekeeper has been engaged by a
                    promoter in relation to a particular
                    promotion, advise the promoter of the
                    removal as soon as is practicable after
                    the removal.".
18 Division 5 of Part II substituted
         For Division 5 of Part II of the Principal Act
         substitute—

          "Division 5—Professional Boxing and Combat
                         Sports Board

          14 Establishment and membership of Board
          (1) There is a Professional Boxing and Combat
              Sports Board.
          (2) The Board must have at least 5, but no more
              than 7, members.
          (3) The Board consists of—
                (a) a Chairperson; and
                (b) a member of the police force of
                    Victoria; and
                (c) no more than 5 people who, in the
                    Minister's opinion, have a good
                    knowledge of boxing, or one or more
                    combat sports.
          (4) The members of the Board are to be
              appointed by the Minister.
          (5) A member of the Board is entitled to be paid
              the fees, allowances and expenses fixed by
              the Governor in Council.




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        Professional Boxing and Combat Sports Amendment Act 2008
                               No. 11 of 2008
s. 18


                 (6) A person holds office for the period, not
                     exceeding 3 years, specified in the
                     instrument of appointment and is eligible for
                     re-appointment.
                 (7) The Minister may terminate the appointment
                     of a member if the member—
                       (a) becomes incapable of performing his or
                           her duties; or
                       (b) is negligent in the performance of those
                           duties; or
                       (c) engages in improper conduct; or
                       (d) fails to disclose a conflict of interest; or
                       (e) is found guilty of an offence against
                           this Act.
               14A Functions, powers and duties of Board
                 (1) The functions of the Board are—
                       (a) to advise the Minister on all matters
                           relating to professional contests; and
                       (b) to exercise the powers, duties and
                           functions conferred on the Board by or
                           under this Act; and
                       (c) to supervise the conduct of weigh-ins
                           and promotions.
                 (2) The Board may from time to time engage
                     persons with special experience to enable the
                     Board to carry out its functions.
                 (3) The Board has all powers necessary to carry
                     out its functions.
                 (4) The Minister may give the Board directions
                     in relation to the carrying out of its functions
                     under this Act.




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Professional Boxing and Combat Sports Amendment Act 2008
                       No. 11 of 2008
                                                               s. 18


         (5) The Board must comply with the directions
             of the Minister in carrying out its functions
             under this Act.
       14B Board procedure
         (1) The Board must meet at the times and places
             fixed by the Chairperson.
         (2) The Chairperson has a deliberative and
             casting vote.
         (3) A matter cannot be decided at a meeting of
             the Board unless more than half of its current
             members are present.
         (4) The Chairperson may permit Board members
             to participate in a particular meeting, or all
             meetings, by telephone, closed circuit
             television or other means of communication.
         (5) The Board may otherwise regulate its own
             procedure.
       14C Delegation
         (1) The Board may, by a written instrument,
             delegate—
               (a) any of the Board's powers, duties or
                   functions under this Act, other than this
                   power of delegation, to a member of the
                   Board; or
               (b) to an employee of the Department the
                   power to determine applications for—
                     (i) registration (or renewal of
                         registration) as a professional
                         contestant under section 10A; or
                    (ii) a licence (or renewal of a licence)
                         to act as a trainer, match-maker,
                         referee or judge under section 6.




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        Professional Boxing and Combat Sports Amendment Act 2008
                               No. 11 of 2008
s. 18


                 (2) For the purposes of subsection (1)(a)—
                       (a) a power delegated to a Board member
                           to determine applications for
                           registration (or renewal of registration)
                           as a professional contestant under
                           section 10A may be exercised by that
                           member acting alone; and
                       (b) a power delegated to a Board member
                           to determine applications for a licence
                           (or renewal of a licence) to act as a
                           trainer, match-maker, referee or judge
                           under section 6 may be exercised only
                           with the agreement of at least one other
                           Board member; and
                       (c) any other power, duty or function
                           delegated to a Board member may be
                           exercised only with the agreement of at
                           least 2 other Board members.
                 (3) For the purposes of subsection (1)(b)—
                       (a) a power delegated to an employee of
                           the Department to determine
                           applications for registration (or renewal
                           of registration) of a contestant may be
                           exercised only with the agreement of at
                           least one member of the Board; and
                       (b) a power delegated to an employee of
                           the Department to determine
                           applications for a licence (or renewal of
                           a licence) to act as a trainer, match-
                           maker, referee or judge may be
                           exercised only with the agreement of at
                           least 2 members of the Board.
                 (4) A delegate who makes a decision under a
                     delegation must give the Board written
                     notice of the decision as soon as is
                     practicable after the decision is made.


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 Professional Boxing and Combat Sports Amendment Act 2008
                        No. 11 of 2008
                                                                s. 19


          (5) A notice under subsection (4) must, if the
              delegate was required to exercise the power,
              duty or function with the agreement of one
              or more Board members, specify the Board
              members or delegates who agreed to the
              exercise of the power, duty or function.
        14D Immunity
          (1) A member of the Board is not personally
              liable for anything done or omitted to be
              done in good faith—
                (a) in the exercise of a power or the
                    discharge of a duty under this Act; or
                (b) in the reasonable belief that the act or
                    omission was in the exercise of a power
                    or the discharge of a duty under this
                    Act.
          (2) Any liability resulting from an act or
              omission that would but for subsection (1)
              attach to a member of the Board attaches
              instead to the State.".
19 Delegation
     (1) In section 15(1) of the Principal Act, omit
         "for Victorian Communities".
     (2) Sections 15(2), 15(3), 15(4), 15(5) and 15(6) of
         the Principal Act are repealed.
20 Part IV heading
         In the heading to Part IV of the Principal Act, for
         "MINISTER" substitute "BOARD".
21 Review by Victorian Civil and Administrative
   Tribunal
         In section 16(1) of the Principal Act, for "decision
         of the Minister or of a delegate of the Minister
         under this Act" substitute "decision of the



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         Professional Boxing and Combat Sports Amendment Act 2008
                                No. 11 of 2008
s. 22


                 Minister under section 15(8) in relation to a
                 promoter's licence or a decision of the Board".
        22 Section 19 substituted
                 For section 19 of the Principal Act substitute—
                 "19 Proceedings for offence
                  (1) The following persons may institute
                      proceedings for an offence against this Act—
                        (a) the Minister;
                        (b) a person authorised in writing by the
                            Minister;
                        (c) the Chairperson of the Board, or a
                            person authorised in writing by the
                            Chairperson of the Board.
                  (2) A person who institutes legal proceedings in
                      the name of the Minister or the Chairperson
                      of the Professional Boxing and Combat
                      Sports Board is taken to be authorised to take
                      those proceedings, in the absence of
                      evidence to the contrary.".
        23 New regulation making powers
             (1) After section 22(1)(a) of the Principal Act
                 insert—
                 "(b) matters relating to keeping a list of persons
                      who may act as timekeepers;
                  (c) matters relating to the conduct of
                      promotions;".
             (2) In section 22(1)(d) of the Principal Act, after
                 "medical examinations and" insert "medical
                 treatment and".




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 Professional Boxing and Combat Sports Amendment Act 2008
                        No. 11 of 2008
                                                                s. 24


     (3) After section 22(1)(d) of the Principal Act
         insert—
         "(e) matters relating to medical tests and fitness
              tests carried out for the purposes of this Act,
              including the form, type, frequency and
              reporting of those tests;
          (f) matters relating to persons who are
              competing in Victoria and who are registered
              or licensed in another State or Territory;
          (g) matters requiring professional contestants
              registered in Victoria to notify the Board
              when they are competing outside Victoria;
          (h) matters relating to the arrival of contestants
              in Victoria before contests and other matters
              relating to the participation in contests of
              contestants who reside outside Victoria;".
     (4) In section 22(1)(k) of the Principal Act, after
         "unfit" insert "or lacking the required professional
         skills to compete in professional contests".
     (5) In section 22(n) of the Principal Act, after
         "permits" insert ", registrations".
24 Board may make rules
         For section 23 of the Principal Act substitute—
         "23 Board may make rules
               The Board may make rules for the proper
               conduct of professional contests.".
25 New Division heading in Part VIII
         After the heading to Part VIII of the Principal Act,
         insert—

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



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         Professional Boxing and Combat Sports Amendment Act 2008
                                No. 11 of 2008
s. 26


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

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

                  29 Definition
                       In this Division—
                       amending Act means the Professional
                           Boxing and Combat Sports
                           Amendment Act 2008.
                  30 Existing licences, permits and
                     registrations
                  (1) A licence issued by the Minister under
                      section 6, and in force immediately before
                      the commencement of section 6 of the
                      amending Act, continues after the
                      commencement of section 6 of the amending
                      Act, subject to the same conditions, as if it
                      had been issued by the Board.
                  (2) A permit issued by the Minister under
                      section 7, and in force immediately before
                      the commencement of section 7 of the
                      amending Act, continues after the
                      commencement of section 7 of the amending
                      Act, subject to the same conditions, as if it
                      had been issued by the Board.
                  (3) A written notice given to a person by the
                      Minister under section 8(3), and in force
                      immediately before the commencement of
                      section 8 of the amending Act, continues
                      after the commencement of section 8 of the
                      amending Act as if it had been given to the
                      person by the Board.




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Professional Boxing and Combat Sports Amendment Act 2008
                       No. 11 of 2008
                                                               s. 26


         (4) A person registered as a professional
             contestant under section 10A(3) (including a
             person whose registration has been renewed)
             by the Minister, and whose registration was
             in force immediately before the
             commencement of section 12 of the
             amending Act, continues after the
             commencement of section 12 to be registered
             as a professional contestant, subject to the
             same conditions, as if the person had been
             registered by the Board.
         (5) If, immediately before the commencement of
             section 10 of the amending Act, a person's
             licence or permit under this Act was
             suspended or cancelled by the Minister, the
             person's licence or permit continues, after the
             commencement of section 10, to be
             suspended or cancelled as if it had been
             suspended or cancelled by the Board.
         (6) If, immediately before the commencement of
             section 13 of the amending Act, a person's
             registration as a professional contestant, was
             suspended or cancelled by the Minister, the
             person's registration continues, after the
             commencement of section 13, to be
             suspended or cancelled as if it had been
             suspended or cancelled by the Board.
         (7) A direction given to a person by the Minister
             under section 12(1), and in force
             immediately before the commencement of
             section 15 of the amending Act, continues to
             apply to the person after the commencement
             of section 15 as if the direction had been
             given by the Board.
         (8) A person whose interests are affected by a
             decision referred to in section 16 (other than
             a decision made in relation to a promoter's


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        Professional Boxing and Combat Sports Amendment Act 2008
                               No. 11 of 2008
s. 26


                      licence under section 15(8)) made by the
                      Minister before the commencement of
                      section 21 of the amending Act has, after the
                      commencement of section 21, the same right
                      under section 16 to apply to VCAT for a
                      review of the decision as if the decision had
                      been made by the Board.
                 (9) A person who, immediately before the
                     commencement of section 21 of the
                     amending Act, had a right under section 16
                     to apply to VCAT for a review of a decision
                     made by the Minister under section 15(8) in
                     relation to a promoter's licence continues,
                     after the commencement of section 21, to
                     have the right to apply to VCAT under
                     section 16 for a review of the decision.
               (10) Rules made by the Minister under section 23
                    of the Act, and in force immediately before
                    the commencement of section 24 of the
                    amending Act, continue after the
                    commencement of section 24 as if the rules
                    had been made by the Board.
                 31 Timekeepers
                 (1) To avoid any doubt, section 9(2A) applies to
                     a licence issued and in force immediately
                     before the commencement of section 9 of the
                     amending Act.
                 (2) Despite subsection (1), a promoter may
                     engage a timekeeper whose name is not on
                     the list kept under section 13A, for a
                     promotion conducted after the
                     commencement of section 9(2) of the
                     amending Act, if the permit for the
                     promotion was issued before that
                     commencement.




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Professional Boxing and Combat Sports Amendment Act 2008
                       No. 11 of 2008
                                                               s. 26


         32 Existing applications
         (1) If an application for a licence under section 6
             has been made but not determined
             immediately before the commencement of
             section 6 of the amending Act, from the
             commencement of section 6 of the amending
             Act, the application may be decided under
             this Act, as amended by the amending Act,
             as if it had been made after that
             commencement.
         (2) If an application for a permit under section 7
             has been made but not determined
             immediately before the commencement of
             section 7 of the amending Act, from the
             commencement of section 7 of the amending
             Act, the application may be decided under
             this Act, as amended by the amending Act,
             as if it had been made after that
             commencement.
         (3) If an application for registration as a
             professional contestant under section 10A(3)
             has been made but not decided before the
             commencement of section 12 of the
             amending Act, from the commencement of
             section 12, the application may be decided
             under this Act, as amended by the amending
             Act, as if it had been made after that
             commencement.
         33 Existing Board members
         (1) A person who, immediately before the
             commencement of section 18 of the
             amending Act, was a Board member
             continues after the commencement of
             section 18 to be a Board member.




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         Professional Boxing and Combat Sports Amendment Act 2008
                                No. 11 of 2008
s. 27


                  (2) For the purposes of subsection (1), a Board
                      member continues to hold office on the same
                      terms and conditions as the member held
                      office immediately before the
                      commencement of section 18 of the
                      amending Act.".
        27 Repeal of amending Act
                 This Act is repealed on 1 July 2009.
                 Note
                 The repeal of this Act does not affect the continuing
                 operation of the amendments made by it (see section 15(1)
                 of the Interpretation of Legislation Act 1984).
                         ═══════════════




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        Professional Boxing and Combat Sports Amendment Act 2008
                               No. 11 of 2008

                                                                                   Endnotes



                                ENDNOTES

†
    Minister's second reading speech—
    Legislative Assembly: 6 December 2007
    Legislative Council: 28 February 2008
    The long title for the Bill for this Act was "A Bill for an Act to amend the
    Professional Boxing and Combat Sports Act 1985 and for other
    purposes."




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