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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Professional Boxing and Combat Sports
Amendment Bill 2013
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purposes 1
2 Commencement 2
3 Principal Act 2
PART 2--AMENDMENT OF PROFESSIONAL BOXING AND
COMBAT SPORTS ACT 1985 3
4 Purpose provision substituted 3
3 Purpose 3
5 Definitions 3
6 Section 6 substituted and new sections 6A, 6B, 6C and 6D
inserted 5
6 Board may license persons involved in professional
contests 5
6A Licence applications to be forwarded to Chief
Commissioner 7
6B Board may request further information in support of
application for a licence 9
6C Board to give reasons for not issuing a licence 11
6D Ban on re-applying for issue or renewal of licence 11
7 Promoters, trainers, match-makers, referees, judges and
timekeepers must hold a licence 12
8 Licences and permits 12
9 New sections 9AA, 9AB, 9AC and 9AD inserted 12
9AA Licence of person must be cancelled if person is a
prohibited person 12
9AB Inquiry may be held to determine whether licensee
continues to meet probity requirements 13
9AC Decision of Board following inquiry under
section 9AB 15
9AD Ban on re-applying for issue of licence following
cancellation 17
10 Other circumstances that may result in variation, suspension
or cancellation of licence or permit 17
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Clause Page
11 Duties of Promoter 17
12 Division 4A of Part II repealed 18
13 Delegation 19
14 New section 14E inserted 19
14E Disclosure of information 19
15 New Division 6 inserted in Part II 20
Division 6--Disclosure of information by Chief
Commissioner 20
14F Disclosure of information by Chief Commissioner 20
16 Heading to Part III substituted 20
17 Minister may delegate 20
18 New section 15A inserted 21
15A Delegation by Chief Commissioner 21
19 New section 16AA inserted 21
16AA Definition 21
20 Review by VCAT 21
21 New sections 17 to 17F inserted 22
17 VCAT must ask the Board about protected
information on receiving certain applications for
review 22
17A Appointment of special counsel if review involves
protected information 23
17B Hearing where protected information involved 24
17C Decision where protected information is involved 26
17D Board may change its decision 28
17E Chief Commissioner may request Board to reconsider
decision without protected information 28
17F General provisions for hearing matters involving
protected information 29
22 Regulations 30
23 New Division 3 inserted in Part VIII 31
Division 3--Provisions for Professional Boxing and
Combat Sports Amendment Act 2013 31
34 Definitions 31
35 List of persons who may act as timekeepers 31
36 Pending licence applications 32
37 Appeal to the Minister 32
PART 3--AMENDMENT OF OTHER ACTS 33
24 Amendment of Casino Control Act 1991 33
25 Amendment of Racing Act 1958 33
35DA Advice to Professional Boxing and Combat Sports
Board 33
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Clause Page
PART 4--REPEAL OF AMENDING ACT 34
26 Repeal of amending Act 34
ENDNOTES 35
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PARLIAMENT OF VICTORIA
Introduced in the Assembly
Professional Boxing and Combat Sports
Amendment Bill 2013
A Bill for an Act to amend the Professional Boxing and Combat
Sports Act 1985, to make consequential amendments to the Casino
Control Act 1991 and the Racing Act 1958 and for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purposes
The main purposes of this Act are--
(a) to amend the Professional Boxing and
5 Combat Sports Act 1985--
(i) to require that certain specified
requirements be met by a person before
a licence can be issued to, or renewed
by, the person under that Act; and
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Part 1--Preliminary
s. 2
(ii) to provide for the cancellation or
suspension of a licence under that Act
if certain specified requirements are not
met by a licence holder; and
5 (iii) to require a person acting as a
timekeeper to be licensed; and
(iv) to enable the Chief Commissioner of
Police to provide advice to the
Professional Boxing and Combat Sports
10 Board in respect of a person applying
for, or holding, a licence under that
Act; and
(v) to make consequential and other
amendments; and
15 (b) to make consequential amendments to the
Casino Control Act 1991 and the Racing
Act 1958.
2 Commencement
This Act comes into operation on the day after the
20 day on which it receives the Royal Assent.
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,
28/2007,
11/2008 and
13/2010.
LawToday:
www.
legislation.
vic.gov.au
__________________
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Part 2--Amendment of Professional Boxing and Combat Sports Act 1985
s. 4
PART 2--AMENDMENT OF PROFESSIONAL BOXING AND
COMBAT SPORTS ACT 1985
4 Purpose provision substituted
For section 3 of the Principal Act substitute--
5 "3 Purpose
The purpose of this Act is--
(a) to control professional boxing and
professional combat sports; and
(b) to reduce the risk of malpractice; and
10 (c) to promote safety; and
(d) to uphold industry integrity by ensuring
that--
(i) a licence holder is a fit and proper
person to hold a licence; and
15 (ii) it is not contrary to the public
interest for a person to hold a
licence.".
5 Definitions
(1) Insert the following definitions in section 5 of the
20 Principal Act--
"Chief Commissioner means the Chief
Commissioner of Police appointed under the
Police Regulation Act 1958;
prohibited person means a person--
25 (a) who has been convicted of an indictable
offence for which the person is
sentenced to a term of imprisonment of
10 years or more; or
(b) in respect of whom a control order
30 applies and is in effect under Division 2
of Part 3 of the Criminal
Organisations Control Act 2012; or
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(c) who is a member of an organisation in
respect of which a control order applies
and that is in effect under Division 2 of
Part 3 of the Criminal Organisations
5 Control Act 2012; or
(d) who is subject to an exclusion order
under section 74 of the Casino Control
Act 1991; or
(e) who is subject to an exclusion order
10 under section 33 of the Racing Act
1958; or
(f) who has been convicted of an offence
and given a sentence of a kind
corresponding to that specified in
15 paragraph (a) in another State or a
Territory; or
(g) who is subject to an order in another
State or Territory corresponding to an
order specified in paragraph (b), (c), (d)
20 or (e);
protected information means any intelligence
information, document or thing the
production or inspection of which--
(a) is likely to--
25 (i) reveal the identity of the member
of the police force who provided
information on the basis of which
a decision of the Board not to
issue or renew a licence, or to
30 cancel a licence was made, or put
that member's safety at risk; or
(ii) reveal the identity of a person who
has provided a member of the
police force with information on
35 the basis of which a decision of
the Board not to issue or renew a
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licence, or to cancel a licence was
made, or put that person's safety at
risk; or
(iii) reveal the identity of a person
5 whose name appears in any
evidence given or information
provided to a member of the
police force relating to an
investigation, or put that person's
10 safety at risk; or
(iv) reveal the identity of a person who
is or has been the subject of an
investigation by a member of the
police force, or put that person's
15 safety at risk; or
(b) places at risk an ongoing investigation
by a member of the police force; or
(c) risks the disclosure of any investigative
method used by members of the police
20 force; or
(d) is otherwise not in the public interest;".
(2) In section 5 of the Principal Act, for the definition
of Department substitute--
"Department means the Department of Transport,
25 Planning and Local Infrastructure;".
6 Section 6 substituted and new sections 6A, 6B, 6C
and 6D inserted
For section 6 of the Principal Act substitute--
"6 Board may license persons involved in
30 professional contests
(1) Any adult may apply to the Board for a
licence or for the renewal of a licence to act
as a promoter, trainer, match-maker, referee,
judge or timekeeper.
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(2) An application must--
(a) be in the relevant prescribed form; and
(b) be accompanied by--
(i) the prescribed fee (if any); and
5 (ii) a prescribed certificate or other
prescribed document specifying
any criminal history of the
applicant; and
(iii) any other prescribed documents;
10 and
(c) specify--
(i) the nature and extent of the
applicant's experience; and
(ii) any other prescribed information.
15 (3) Subject to subsections (5) and (6), the Board
may issue a licence to act as a promoter,
trainer, match-maker, referee, judge or
timekeeper to an applicant if the Board is
satisfied that--
20 (a) the applicant is a fit and proper person
to hold a licence; and
(b) it is not contrary to the public interest to
issue the licence; and
(c) any prescribed prerequisites for the
25 issue of a licence have been met by the
applicant.
(4) Subject to subsections (5) and (6), the Board
may renew the licence of any promoter,
trainer, match-maker, referee, judge or
30 timekeeper if the Board is satisfied that--
(a) the applicant is a fit and proper person
to hold a licence; and
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(b) it is not contrary to the public interest to
renew the licence; and
(c) any prescribed prerequisites for the
renewal of a licence have been met by
5 the applicant.
(5) The Board must not issue a licence to act as
a promoter, trainer, match-maker, referee,
judge or timekeeper, or renew the licence of
any promoter, trainer, match-maker, referee,
10 judge or timekeeper if the Board becomes
aware or is advised under section 6A(3)(a)
that the applicant is a prohibited person.
(6) In making a decision under subsection (3)
or (4), the Board must--
15 (a) give special consideration to any advice
received under section 6A(3)(b) or (c);
and
(b) have regard to any other information
available to the Board that may be
20 relevant to an application made under
this section; and
(c) consider any prescribed matters for the
purposes of determining whether--
(i) a person is a fit and proper person;
25 and
(ii) it would be contrary to the public
interest to issue or renew the
licence.
6A Licence applications to be forwarded to
30 Chief Commissioner
(1) On receiving an application under section 6,
the Board must give a copy of that
application to the Chief Commissioner.
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(2) Within 28 days of receiving a copy of an
application under subsection (1), the Chief
Commissioner must give to the Board a
written response in accordance with
5 subsection (3).
(3) The Chief Commissioner must advise the
Board (as appropriate)--
(a) if the person who made the application
is a prohibited person and specify the
10 circumstances that make the person a
prohibited person; or
(b) if the Chief Commissioner is of the
view that the person who made the
application is not a fit and proper
15 person for the purposes of issuing a
licence under section 6 and give
reasons for that view; or
(c) if the Chief Commissioner is of the
view that it would not be in the public
20 interest to issue a licence to the person
who made the application under
section 6 and give reasons for that
view; or
(d) if the Chief Commissioner has not
25 identified any information that should
be considered by the Board before the
Board makes a decision under
section 6; or
(e) if the Chief Commissioner will not be
30 giving the Board any information in
relation to the application.
(4) The Chief Commissioner may rely on any
information, including protected information,
he or she considers relevant for the purposes
35 of providing advice to the Board under this
section.
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(5) For the purposes of giving reasons for his or
her advice under subsection (3)(b) or (c), the
Chief Commissioner may decide, if the
advice is wholly or partly based on protected
5 information--
(a) to include the protected information in
his or her written response given to the
Board and specify in that response
which information is protected
10 information; or
(b) not to include the protected information
in the written response given to the
Board and specify in that response
that--
15 (i) some or all of the Chief
Commissioner's advice is based
on protected information; and
(ii) to the extent that the advice is
based on protected information,
20 reasons will not be given to the
Board.
6B Board may request further information in
support of application for a licence
(1) Before making a decision under section 6(3)
25 or (4), the Board may request an applicant to
provide further information for the purposes
of assisting the Board to determine whether,
for the purposes of issuing or renewing a
licence under section 6--
30 (a) the applicant is a fit and proper person;
and
(b) it would be contrary to the public
interest to issue or renew the licence.
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(2) A request under subsection (1) must--
(a) be in writing; and
(b) specify--
(i) that further information is sought
5 by the Board for the purposes of
assisting the Board to determine
the application made under
section 6; and
(ii) the type of further information
10 sought by the Board; and
(iii) that the information may be used
to assist the Board in determining
whether--
(A) the applicant is a fit and
15 proper person to hold a
licence; and
(B) it is not contrary to the
public interest to issue or
renew the licence; and
20 (iv) that the applicant must give the
Board the requested information
within 28 days of receipt of the
request by the applicant or other
period as specified in the request.
25 (3) If information requested under subsection (1)
is not given to the Board within the period
specified under subsection (2)(b)(iv), the
application made under section 6 expires.
(4) If the application of a person expires under
30 subsection (3), the applicant may make a
fresh application for the licence or renewal
of the licence under section 6 at any time
after that expiration.
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6C Board to give reasons for not issuing a
licence
(1) If the Board decides not to issue or renew a
licence to a person under section 6, the
5 Board must, as soon as practicable, give
written notice to the person--
(a) of the decision of the Board; and
(b) subject to subsection (2), the reasons
for that decision.
10 (2) The Board must, in giving reasons to a
person under subsection (1)--
(a) not disclose any protected information;
and
(b) if the Board's reasons are partially or
15 wholly based on protected information,
specify in the written notice given
under subsection (1) that some or all of
the Board's reasons are based on advice
from the Chief Commissioner.
20 6D Ban on re-applying for issue or renewal of
licence
(1) A person must not apply for the issue or
renewal of a licence for a period of
12 months, or such further period as is
25 determined by the Board, if the Board has
refused to issue or renew the licence because
the Board--
(a) is not satisfied that the person is a fit
and proper person to hold a licence; or
30 (b) is satisfied that it is contrary to the
public interest to issue or renew the
licence.
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(2) If the Board has refused to issue or renew a
licence to a person because the person is a
prohibited person the person must not apply
for the issue or renewal of a licence until the
5 person ceases to be a prohibited person.".
7 Promoters, trainers, match-makers, referees, judges
and timekeepers must hold a licence
(1) Insert the following heading to section 8 of the
Principal Act--
10 "Promoters, trainers, match-makers, referees,
judges and timekeepers must hold a licence".
(2) In section 8(1) of the Principal Act, for "or judge"
substitute ", judge or timekeeper".
(3) In section 8(2)(c) of the Principal Act, for
15 "or judge" substitute ", judge or timekeeper".
8 Licences and permits
Section 9(2A) of the Principal Act is repealed.
9 New sections 9AA, 9AB, 9AC and 9AD inserted
After section 9 of the Principal Act insert--
20 "9AA Licence of person must be cancelled if
person is a prohibited person
(1) The Board must immediately cancel any
licence issued or renewed under section 6 if
the Board becomes aware that the holder of
25 the licence is a prohibited person.
(2) If the Board cancels a licence under
subsection (1), the Board must give the
person who held the licence written advice of
the cancellation as soon as practicable after
30 that cancellation.
(3) Sections 9AB, 9AC and 9A do not apply to a
prohibited person.
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9AB Inquiry may be held to determine whether
licensee continues to meet probity
requirements
(1) The Board may hold an inquiry for the
5 purposes of determining the continued
suitability of a person to hold a licence
issued under section 6 if--
(a) the Chief Commissioner advises the
Board that the Chief Commissioner is
10 of the view that--
(i) the person is not a fit and proper
person to hold a licence; or
(ii) it is no longer in the public
interest for the person to hold a
15 licence; or
(b) the Board has reasonable grounds to
believe that--
(i) the person is not a fit and proper
person to hold a licence; or
20 (ii) it is no longer in the public
interest for the person to hold a
licence.
(2) In giving advice under subsection (1)(a)--
(a) the Chief Commissioner may rely on
25 any information, including protected
information, he or she considers
relevant; and
(b) if the Chief Commissioner's view is
wholly or partly based on protected
30 information, the Chief Commissioner
may--
(i) advise the Board that because his
or her view is wholly or partly
based on protected information,
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the Chief Commissioner will not
give the Board reasons for his or
her view to the extent that those
reasons are based on that
5 information; or
(ii) give the Board the protected
information as part of his or her
reasons for the advice and specify
which information is protected
10 information.
(3) If the Board decides to hold an inquiry under
subsection (1), the Board may suspend the
licence of the person in respect of whom the
inquiry is being held until the conclusion of
15 the inquiry.
(4) Before conducting an inquiry under
subsection (1), the Board must give the
holder of the licence written notice
specifying--
20 (a) that an inquiry is to be held to
determine the person's suitability to
hold a licence because the Board has
received advice or has reasonable
grounds to believe that the person is not
25 a fit and proper person to hold a licence
or it is no longer in the public interest
for the person to hold a licence (as the
case may be); and
(b) the date and time of the inquiry and the
30 venue at which the inquiry will be held;
and
(c) if the person's licence has been
suspended under subsection (3), that the
person's licence has been suspended
35 and that it will remain suspended until
the inquiry is completed; and
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(d) that the person may make an oral or
written submission to the Board in
relation to his or her suitability to hold
a licence at the inquiry.
5 (5) For the purposes of conducting an inquiry
under this section the Board must be
constituted by more than half of its current
members.
(6) In conducting an inquiry under this section,
10 the Board--
(a) may consider all relevant information it
has been given; and
(b) may receive written or oral submissions
from the person in respect of whom the
15 inquiry is being held and any other
person who has information relevant to
the inquiry; and
(c) is bound by the rules of natural justice;
and
20 (d) may otherwise regulate its own
procedure.
9AC Decision of Board following inquiry under
section 9AB
(1) At the conclusion of an inquiry under
25 section 9AB, the Board may decide to--
(a) vary the conditions on the licence, or
add new conditions to the licence; or
(b) suspend the licence for any period the
Board considers appropriate; or
30 (c) cancel the licence; or
(d) continue to allow the person to hold the
licence on the same terms and subject
to any conditions on which the licence
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was held before the person received
notice of the inquiry.
(2) The Board must advise the holder of the
licence, orally or in writing, if under
5 subsection (1)--
(a) the Board varies, or adds to, the
conditions of a licence; or
(b) the Board suspends or cancels a
licence.
10 (3) If the Board gives the holder of a licence oral
notice under subsection (2), the Board must,
as soon as is practicable, give written notice
of--
(a) the variation of, or addition to, the
15 conditions of the licence; or
(b) the suspension or cancellation of the
licence.
(4) Subject to subsection (5), the written notice
must specify the reasons for--
20 (a) the variation of, or addition to, the
conditions of a licence; or
(b) the suspension or cancellation of a
licence.
(5) The Board must, in giving reasons to a
25 person in a written notice under
subsection (4)--
(a) not disclose any protected information;
and
(b) if the Board's reasons are partially or
30 wholly based on protected information,
specify that some or all of the Board's
reasons are based on advice from the
Chief Commissioner.
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9AD Ban on re-applying for issue of licence
following cancellation
(1) A person must not apply for the issue of a
new licence for a period of 12 months, or
5 such further period as is determined by the
Board, if the Board has cancelled the licence
of the person because the Board--
(a) is not satisfied that the person is a fit
and proper person to hold the licence;
10 or
(b) is satisfied that it is contrary to the
public interest for the person to hold the
licence.
(2) If the Board has cancelled a licence of a
15 person because the person is a prohibited
person the person cannot apply for the issue
of a new licence until the person ceases to be
a prohibited person.".
10 Other circumstances that may result in variation,
20 suspension or cancellation of licence or permit
In the heading to section 9A of the Principal Act,
for "Variation" substitute "Other circumstances
that may result in variation".
11 Duties of Promoter
25 (1) In section 13(1) of the Principal Act--
(a) in paragraph (a), after "contestants;" insert
"and";
(b) in paragraph (b), after "licence;" insert
"and";
30 (c) in paragraph (d), for "attendance." substitute
"attendance; and";
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(d) after paragraph (d) insert--
"(e) inquiries are made of any prospective
employee of the promoter for the
purposes of establishing if the
5 prospective employee has ever been
denied a licence or had a licence
cancelled under this Act; and
(f) inquiries are made of any person the
promoter intends to enter into a
10 business arrangement or business
relationship relating to that professional
contest for the purposes of establishing
if the person has ever been denied a
licence or had a licence cancelled under
15 this Act.".
(2) After section 13(1) of the Principal Act insert--
"(1A) A promoter must not, in respect of every
professional contest that he or she
promotes--
20 (a) knowingly employ a person who has
been denied a licence or had a licence
cancelled under this Act; or
(b) knowingly enter into a business
arrangement or business relationship
25 with any person relating to the
professional contest if that person has
been denied a licence or had a licence
cancelled under this Act.".
12 Division 4A of Part II repealed
30 Division 4A of Part II of the Principal Act is
repealed.
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13 Delegation
(1) For section 14C(1) of the Principal Act
substitute--
"(1) The Board may, by a written instrument,
5 delegate--
(a) to a member of the Board any of the
Board's powers, duties or functions
other than--
(i) a function under section 9AB
10 or 9AC; and
(ii) this power of delegation;
(b) to an employee of the Department the
power to determine applications for
registration (or renewal of registration)
15 as a professional contestant under
section 10A.".
(2) In section 14C(2)(b) of the Principal Act, for
"or judge" substitute ", judge or timekeeper".
(3) For section 14C(3) of the Principal Act
20 substitute--
"(3) For the purposes of subsection (1)(b), a
power delegated to an employee of the
Department to determine applications for
registration (or renewal of registration) of a
25 contestant may be exercised only with the
agreement of at least one member of the
Board.".
14 New section 14E inserted
After section 14D of the Principal Act insert--
30 "14E Disclosure of information
A member of the Board or an employee of
the Department assisting the Board in
performing its functions or exercising its
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powers, must not disclose to any person any
information he or she has received in the
performance of functions or exercise of
powers under sections 6 to 6D and 9AA
5 to 9AD unless the disclosure is in accordance
with and for the purposes of this Act.
Penalty: 30 penalty units.".
15 New Division 6 inserted in Part II
After Division 5 of Part II of the Principal Act
10 insert--
"Division 6--Disclosure of information by
Chief Commissioner
14F Disclosure of information by Chief
Commissioner
15 The Chief Commissioner may disclose to the
Board or any employee of the Department
assisting the Board to perform its functions
or exercise its powers any information he or
she holds that is relevant to the suitability of
20 a person to hold a licence under this Part.".
16 Heading to Part III substituted
For the heading to Part III of the Principal Act
substitute--
"PART III--DELEGATIONS".
25 17 Minister may delegate
(1) Section 15(8)(a) and (b) of the Principal Act are
repealed.
(2) In section 15(8)(e) and (f) of the Principal Act
omit "licence or".
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Part 2--Amendment of Professional Boxing and Combat Sports Act 1985
s. 18
18 New section 15A inserted
After section 15 of the Principal Act insert--
"15A Delegation by Chief Commissioner
The Chief Commissioner may by a written
5 instrument delegate to a member of the
force, of or above the rank of inspector, any
power, duty or function of the Chief
Commissioner under this Act other than this
power of delegation.".
10 19 New section 16AA inserted
Before section 16 of the Principal Act insert--
"16AA Definition
In this Part--
probity requirements mean the following
15 requirements to be met by a person for
that person to hold a licence--
(a) that the person is a fit and proper
person to hold a licence;
(b) that it is not contrary to the public
20 interest for the person to hold a
licence.".
20 Review by VCAT
(1) Insert the following heading to section 16 of the
Principal Act--
25 "Review by VCAT".
(2) In section 16(1) of the Principal Act--
(a) omit "of the Minister under section 15(8) in
relation to a promoter's licence or a
decision";
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Professional Boxing and Combat Sports Amendment Bill 2013
Part 2--Amendment of Professional Boxing and Combat Sports Act 1985
s. 21
(b) after paragraph (d) insert--
"(da) banning a person from re-applying for
the issue or renewal of a licence for a
period greater than 12 months; or";
5 (c) for "Victorian Civil and Administrative
Tribunal" substitute "VCAT".
(3) After section 16(2) of the Principal Act insert--
"(3) Subsection (1) does not apply to a person
whose interests are affected by a decision of
10 the Board as specified in that subsection if
the person is a prohibited person.".
21 New sections 17 to 17F inserted
After section 16 of the Principal Act insert--
"17 VCAT must ask the Board about
15 protected information on receiving certain
applications for review
(1) If VCAT receives an application for review
under section 16(1)(a), (b), (c), (d) or (da),
VCAT must ask the Board whether the
20 grounds for the decision of the Board that is
the subject of review were wholly or partly
based on any advice provided by the Chief
Commissioner.
(2) If, in response to a request under subsection
25 (1), the Board informs VCAT in writing that
the decision was wholly or partly based on
advice provided by the Chief Commissioner,
VCAT must ask the Chief Commissioner if
the advice provided to the Board--
30 (a) was based on any protected
information; and
(b) whether any protected information was
given to the Board.
571432B.I-4/9/2013 22 BILL LA INTRODUCTION 4/9/2013
Professional Boxing and Combat Sports Amendment Bill 2013
Part 2--Amendment of Professional Boxing and Combat Sports Act 1985
s. 21
17A Appointment of special counsel if review
involves protected information
(1) If, in response to a request under section
17(2), the Chief Commissioner informs
5 VCAT in writing that the advice was wholly
or partly based on protected information and
that protected information was given to the
Board as part of the Chief Commissioner's
advice to the Board, VCAT must appoint a
10 special counsel to represent the interests of
the applicant.
(2) If, in response to a request under section
17(2), the Chief Commissioner informs
VCAT in writing that the advice was wholly
15 or partly based on protected information but
that the protected information was not given
to the Board as part of the Chief
Commissioner's advice to the Board, VCAT
must appoint--
20 (a) a special counsel to the Board; and
(b) a special counsel to the applicant--
to represent the interests of each party.
(3) A special counsel must be a barrister within
the meaning of the Legal Profession Act
25 2004 who, in the opinion of VCAT, has the
appropriate skills and ability to represent the
interests of a party at the hearing.
(4) At any time before the special counsel
attends the hearing or obtains any
30 confidential affidavit in relation to the
application, the special counsel may
communicate with the party whose interests
he or she is representing, or any
representative of that party, for the purpose
35 of obtaining information or instructions from
571432B.I-4/9/2013 23 BILL LA INTRODUCTION 4/9/2013
Professional Boxing and Combat Sports Amendment Bill 2013
Part 2--Amendment of Professional Boxing and Combat Sports Act 1985
s. 21
the party or representative in relation to the
proceeding.
(5) Subject to section 17C(3)(b), at any time
after the special counsel commences to
5 attend the hearing or obtains any confidential
affidavit in relation to the application, the
special counsel--
(a) must not take instructions from the
party whose interests he or she is
10 representing, or from any representative
of that party; and
(b) must not communicate any other
information in relation to the hearing to
that party or a representative of that
15 party without leave of VCAT, except to
communicate any order made by
VCAT at or in relation to the hearing.
(6) A special counsel may be required to sign a
confidentiality undertaking to VCAT.
20 17B Hearing where protected information
involved
(1) If, in response to a request under section
17(2), the Chief Commissioner informs
VCAT in writing that the advice provided to
25 the Board, that wholly or partly formed the
basis of the Board's decision, was protected
information--
(a) the Chief Commissioner must be joined
as a party to the proceeding; and
30 (b) VCAT must at the hearing of the
application first determine whether or
not the information is protected
information.
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Professional Boxing and Combat Sports Amendment Bill 2013
Part 2--Amendment of Professional Boxing and Combat Sports Act 1985
s. 21
(2) For the purposes of making a determination
under subsection (1)(b), VCAT may
determine that a hearing or any part of it be
held in private.
5 (3) The following provisions apply to a closed
session under subsection (2)--
(a) if--
(i) section 17A(1) applies, only the
Chief Commissioner, the Board
10 and the special counsel are
entitled to be present;
(ii) section 17A(2) applies, only the
Chief Commissioner and the
special counsels are entitled to be
15 present;
(b) each party that is entitled to be present
has a right to make submissions as to
whether evidence supporting the
grounds for the decision in respect of
20 which the application is based amounts
to protected information.
(4) After hearing the evidence of the Chief
Commissioner, special counsel and, if
section 17A(1) applies, the Board under
25 subsection (3), VCAT must decide whether
or not any of the evidence adduced amounts
to protected information.
(5) If VCAT decides that none of the evidence
adduced under subsection (3) amounts to
30 protected information, VCAT must admit
any party to the proceeding that was
excluded from the closed session and the
provisions of subsection (3) cease to apply to
the conduct of the hearing.
571432B.I-4/9/2013 25 BILL LA INTRODUCTION 4/9/2013
Professional Boxing and Combat Sports Amendment Bill 2013
Part 2--Amendment of Professional Boxing and Combat Sports Act 1985
s. 21
17C Decision where protected information is
involved
(1) Without limiting any other power of VCAT
conferred by or under this or any other Act,
5 if VCAT decides that any of the evidence
adduced under section 17B(3) is protected
information, the provisions of that subsection
continue to apply to the hearing of the
proceeding to the extent that it relates to
10 protected information and each party that is
entitled to be present has a right to make
submissions as to--
(a) the weight that should be given to the
evidence supporting the grounds for the
15 decision in respect of which the
application is based that amounts to
protected information and any other
evidence adduced; and
(b) the character of the applicant, being
20 evidence indicating whether the
applicant meets the probity
requirements; and
(c) whether, in all the circumstances the
licence should be issued, renewed or re-
25 instated or the ban on applying for a
licence reduced to 12 months or the
condition of the licence determined,
varied or revoked (as the case may be).
(2) In making a determination in a proceeding to
30 which subsection (1) applies, VCAT must
decide--
(a) what weight to give the protected
information and any other evidence
adduced; and
571432B.I-4/9/2013 26 BILL LA INTRODUCTION 4/9/2013
Professional Boxing and Combat Sports Amendment Bill 2013
Part 2--Amendment of Professional Boxing and Combat Sports Act 1985
s. 21
(b) whether the applicant meets the probity
requirements based on the character of
the applicant; and
(c) whether, in all the circumstances, the
5 licence should be issued, renewed or re-
instated or the ban on applying for a
licence reduced to 12 months or the
condition of the licence determined,
varied or revoked (as the case may be).
10 (3) If VCAT decides that any of the evidence
adduced under section 17B(3) forms
protected information--
(a) VCAT must take all steps and
precautions to prevent release of that
15 information; and
(b) if special counsel wishes to seek further
instructions from the party whose
interests he or she is representing on
one or more occasions in relation to
20 that protected information, the special
counsel may do so only by submitting
written questions for the approval of
VCAT after hearing any submission
from the Chief Commissioner on their
25 content.
(4) Despite section 117 of the Victorian Civil
and Administrative Tribunal Act 1998,
any order issued by VCAT in relation to a
decision under this section must only state--
30 (a) whether the decision of the Board is
upheld or overturned; and
(b) if the Board's decision is upheld, that
the applicant has failed to meet the
probity requirements for holding a
35 licence.
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Part 2--Amendment of Professional Boxing and Combat Sports Act 1985
s. 21
(5) For the avoidance of doubt, VCAT may
publish reasons for its decision to the extent
that those reasons do not relate to protected
information.
5 17D Board may change its decision
At any time before a final determination has
been made by VCAT on a matter to which
section 17B or 17C applies--
(a) the Board may change the Board's
10 decision and issue, renew or re-instate
the licence or reduce the ban on
applying for a licence to 12 months or
determine that a condition of the
licence not be varied or revoked or a
15 new condition determined (as the case
may be); and
(b) if the Board makes a decision as
specified in paragraph (a)--
(i) the Board must advise VCAT; and
20 (ii) VCAT may make any orders it
thinks fit in the disposition of the
proceeding.
17E Chief Commissioner may request Board
to reconsider decision without protected
25 information
(1) At any time before a final determination has
been made by VCAT on a matter to which
section 17B or 17C applies, the Chief
Commissioner may request the Board to re-
30 consider the application on which the
decision that is the subject of review is based
without relying on any of the advice of the
Chief Commissioner that was based on
protected information.
571432B.I-4/9/2013 28 BILL LA INTRODUCTION 4/9/2013
Professional Boxing and Combat Sports Amendment Bill 2013
Part 2--Amendment of Professional Boxing and Combat Sports Act 1985
s. 21
(2) If the Chief Commissioner makes a request
under subsection (1)--
(a) the Chief Commissioner must advise
VCAT that a request has been made to
5 the Board under subsection (1); and
(b) VCAT--
(i) must remit the matter for re-
consideration by the Board in
accordance with the request of the
10 Chief Commissioner under
subsection (1); and
(ii) may make any orders that VCAT
thinks fit in the disposition of the
proceeding.
15 17F General provisions for hearing matters
involving protected information
(1) For the purposes of a hearing to which
section 17B or 17C applies, VCAT must be
constituted by a presidential member.
20 (2) The following provisions do not apply to a
proceeding for so long as section 17B or 17C
applies--
(a) Subdivision 1 of Division 3 of Part 3
and section 49 of the Victorian Civil
25 and Administrative Tribunal Act
1998;
(b) section 8 of the Administrative Law
Act 1978.
(3) For the avoidance of doubt, subsection (2)
30 does not apply to any extent that the
proceedings do not involve protected
information.".
571432B.I-4/9/2013 29 BILL LA INTRODUCTION 4/9/2013
Professional Boxing and Combat Sports Amendment Bill 2013
Part 2--Amendment of Professional Boxing and Combat Sports Act 1985
s. 22
22 Regulations
(1) For section 22(1)(b) of the Principal Act
substitute--
"(b) the certificates or documents to accompany
5 an application;".
(2) After section 22(1)(n) of the Principal Act
insert--
"(o) prescribing matters relevant to the
consideration of whether--
10 (i) a person is a fit and proper person to
hold a licence;
(ii) it is contrary to the public interest for a
person to hold a licence;".
(3) For section 22(2) of the Principal Act
15 substitute--
"(2) The regulations may--
(a) be of general or limited application; and
(b) differ according to differences in time,
place or circumstances; and
20 (c) provide in a specified case or class of
case for the exemption of persons or
things or class of persons or things
from any of the provisions of the
regulations, whether unconditionally or
25 on specified conditions and either
wholly or to such an extent as is
specified.".
571432B.I-4/9/2013 30 BILL LA INTRODUCTION 4/9/2013
Professional Boxing and Combat Sports Amendment Bill 2013
Part 2--Amendment of Professional Boxing and Combat Sports Act 1985
s. 23
23 New Division 3 inserted in Part VIII
After Division 2 of Part VIII of the Principal Act
insert--
"Division 3--Provisions for Professional
5 Boxing and Combat Sports Amendment
Act 2013
34 Definitions
In this Division--
Amending Act means the Professional
10 Boxing and Combat Sports
Amendment Act 2013;
commencement day means the day on which
the Amending Act comes into
operation.
15 35 List of persons who may act as
timekeepers
(1) A person who is, immediately before the
commencement day, on the list of
timekeepers under section 13A as it was
20 before its repeal by section 12 of the
Amending Act, is on that day entitled to act
as a timekeeper--
(a) for a period of 3 months from the
commencement day; or
25 (b) until the person applies for a licence to
act as a timekeeper under section 6 and
the Board decides to issue or refuse that
licence--
whichever is sooner.
30 (2) Despite the repeal of section 13A by
section 12 of the Amending Act, a promoter
may, on and after the commencement day,
engage a person specified under subsection
571432B.I-4/9/2013 31 BILL LA INTRODUCTION 4/9/2013
Professional Boxing and Combat Sports Amendment Bill 2013
Part 2--Amendment of Professional Boxing and Combat Sports Act 1985
s. 23
(1) to act as a timekeeper in accordance with
subsection (1) without breaching the
conditions of a licence to act as a promoter.
36 Pending licence applications
5 If an application for a licence or a renewal of
a licence under section 6 has been made but
not determined before the commencement
day, from the commencement day the
application may be decided under section 6,
10 as substituted by section 6 of the Amending
Act.
37 Appeal to the Minister
(1) This section applies to an appeal made to the
Minister, that has not been determined by the
15 Minister, before the commencement day--
(a) under section 15(8)(a) or (b);
(b) in respect of the Board's decision to
determine, vary or revoke a condition
of a promoter's licence under
20 section 15(8)(e);
(c) in respect of a decision of the Board to
disqualify a person from obtaining a
further promoter's licence.
(2) On and after the commencement day, the
25 Minister must determine an appeal to which
this section applies under section 15(8) as in
force immediately before that day.".
__________________
571432B.I-4/9/2013 32 BILL LA INTRODUCTION 4/9/2013
Professional Boxing and Combat Sports Amendment Bill 2013
Part 3--Amendment of Other Acts
s. 24
PART 3--AMENDMENT OF OTHER ACTS
24 Amendment of Casino Control Act 1991 See:
Act No.
After section 74(3) of the Casino Control Act 47/1991.
1991 insert-- Reprint No. 8
as at
5 "(4) The Chief Commissioner of Police must 22 June 2011
and
advise the Professional Boxing and Combat amending
Act Nos
Sports Board (within the meaning of 29/2009,
section 14 of the Professional Boxing and 84/2009,
74/2010,
Combat Sports Act 1985) that an exclusion 58/2011 and
10 order has been made under this section if the 32/2012.
LawToday:
person who is the subject of the order has a www.
licence, or has applied for a licence or its legislation.
vic.gov.au
renewal under Division 1 of Part II of the
Professional Boxing and Combat Sports
15 Act 1985.".
25 Amendment of Racing Act 1958 See:
Act No.
6353.
After section 35D of the Racing Act 1958 Reprint No. 15
insert-- as at
9 May 2013
"35DA Advice to Professional Boxing and and
amending
20 Combat Sports Board Act No.
45/2003.
The Chief Commissioner of Police must LawToday:
advise the Professional Boxing and Combat www.
legislation.
Sports Board (within the meaning of vic.gov.au
section 14 of the Professional Boxing and
25 Combat Sports Act 1985) that an exclusion
order has been made if the person who is the
subject of the order has a licence, or has
applied for a licence or its renewal under
Division 1 of Part II of the Professional
30 Boxing and Combat Sports Act 1985.".
__________________
571432B.I-4/9/2013 33 BILL LA INTRODUCTION 4/9/2013
Professional Boxing and Combat Sports Amendment Bill 2013
Part 4--Repeal of Amending Act
s. 26
PART 4--REPEAL OF AMENDING ACT
26 Repeal of amending Act
This Act is repealed on the first anniversary of its
commencement.
5 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).
571432B.I-4/9/2013 34 BILL LA INTRODUCTION 4/9/2013
Professional Boxing and Combat Sports Amendment Bill 2013
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
571432B.I-4/9/2013 35 BILL LA INTRODUCTION 4/9/2013
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