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COMBAT SPORTS ACT 2013 - SCHEDULE 2

SCHEDULE 2 – Savings and transitional provisions

Part 1 - Preliminary

1 Regulations

(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act or any Act that amends this Act.
(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication on the NSW legislation website, the provision does not operate so as:
(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.

Part 2 - Provisions arising from enactment of this Act

2 Definitions

In this Part:

"existing disqualification show cause notice" means a show cause notice issued under section 57 (1) of the former Act not earlier than 14 days before the repeal of that section.

"existing member" means a person who was a member of the Authority immediately before the commencement of section 80.

"existing registration show cause notice" means a show cause notice issued under section 13 (3) or 29 (3) of the former Act not earlier than 14 days before the repeal of the section concerned.

"former Act" means the Combat Sports Act 2008 .

3 General provision

(1) Anything done or omitted to be done or commenced to be done under or in relation to a provision of the former Act is taken to have been done or omitted or commenced to be done under or in relation to the corresponding provision of this Act.
(2) This clause does not apply:
(a) to the extent that its application is inconsistent with any other provision of this Schedule or a provision of a regulation made under this Schedule, or
(b) to the extent that its application would be inappropriate in a particular case.

4 Continuation of Authority

The Authority is a continuation of, and the same legal entity as, the Combat Sports Authority of New South Wales constituted by the former Act.

5 Existing members of Authority

(1) An existing member is taken to have been appointed as a member of the Authority under this Act and the person's term of appointment ends on the same day on which it would have ended had the former Act not been repealed.
(2) It does not matter that the number of existing members appointed under this clause exceeds the total number of members permitted to be appointed to the Authority by this Act.

6 Existing registrations

(1) A person who was, immediately before the repeal of section 9 of the former Act, registered as a combatant of a prescribed class is taken to be registered as a combatant of the corresponding registration class under this Act and is subject to the same conditions of registration.
(2) A person who was, immediately before the repeal of section 24 of the former Act, registered as an industry participant (including a promoter) of a prescribed class is taken to be registered as an industry participant or promoter of the corresponding registration class, as applicable, under this Act and is subject to the same conditions of registration.
(3) A registration taken to be in force under this clause ends on the day on which the registration would have ended but for the repeal of section 11 or 27 of the former Act, unless it is sooner cancelled under this Act.

7 Amateur combatants

(1) Section 9 does not apply to a person who engages in an amateur combat sport contest as a combatant within the transitional period.
(2) The
"transitional period" is the period:
(a) of 6 months commencing on the commencement of section 9, or
(b) such longer period after that commencement (not exceeding 2 years) as the Authority may approve in respect of persons who engage in a contest approved by a particular approved amateur body.

8 Industry participants or promoters for amateur combat sport contests

(1) Section 20 does not apply to a person who acts as an industry participant for an amateur combat sport contest within the transitional period.
(2) The
"transitional period" is the period:
(a) of 6 months commencing on the commencement of section 20, or
(b) such longer period after that commencement (not exceeding 2 years) as the Authority may approve in respect of persons who act as industry participants for a contest approved by a particular approved amateur body.
(3) Section 20 does not apply to any act done by a person in the capacity of a promoter for an amateur combat sport contest within 90 days after the commencement of that section.

9 Permits for combat sport contests

A person who was, immediately before the repeal of section 36 or 56 of the former Act, the holder of a permit to promote a combat sport contest is taken to be the holder of a permit under this Act for the contest.

10 Existing combat sport inspectors

(1) A person who, immediately before the repeal of section 61 of the former Act, was a combat sport inspector under that Act is taken to be a combat sport inspector appointed under this Act.
(2) This clause does not apply to a combat sport inspector appointed as such in his or her capacity as a member of the Authority.

11 Existing disciplinary proceedings

(1) An existing registration show cause notice given to a registered combatant or a registered industry participant is taken to be a notice issued under section 31 of this Act.
(2) A suspension of the registration of a combatant under the former Act that had effect immediately before the repeal of section 13 of the former Act is taken to be a suspension, for the same period, in force under Division 4 of Part 2 of this Act.
(3) A suspension of the registration of an industry participant under the former Act that had effect immediately before the repeal of section 29 of the former Act is taken to be a suspension, for the same period, in force under Division 4 of Part 2 of this Act.

12 Existing disqualifications

(1) An existing disqualification show cause notice given to a person is taken to be a notice issued under section 67 of this Act.
(2) An order disqualifying a person made under section 57 of the former Act, and in force immediately before the repeal of that section, is taken to be a general prohibition order made under this Act.

13 References to previous disciplinary actions in registers

A requirement to include in a register under this Act particulars of any suspension or cancellation of registration, or any registration pre-condition, includes any suspension, cancellation or registration pre-condition in force under the former Act immediately before the commencement of the requirement.

14 Medical record books

A medical record book issued, or taken to be issued, under the former Act is taken to be a medical record book issued under this Act.

15 Part subject to regulations

This Part is subject to the regulations.

Part 3 - Provisions consequent on enactment of Combat Sports Amendment Act 2018

16 Criminal information

Section 78, as amended by the Combat Sports Amendment Act 2018 , extends to information disclosed under section 94 (1) before the commencement of that amendment.



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