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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Combat Sports Bill 2013
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Overview of Bill
The objects of this Bill are as follows:
(a) to regulate the combat sport industry by requiring the registration of combatants, industry
participants and promoters,
(b) to require permits for combat sport contests and to approve amateur bodies responsible for
amateur combat sport contests,
(c) to regulate the conduct of combat sport contests, including providing for health and safety
requirements,
(d) to provide for sanctions and the enforcement of the proposed Act, including orders
excluding persons from the combat sport industry,
(e) to provide for the continuation and regulatory functions of the Combat Sports Authority of
New South Wales (the Authority),
(f) to confer a right to appeal against certain decisions under the proposed Act to the
Administrative Decisions Tribunal (the Tribunal),
(g) to repeal the Combat Sports Act 2008 and to make other consequential amendments as a
result of the enactment of the proposed Act,
(h) to enact savings and transitional provisions as a result of the enactment of the proposed Act.
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Combat Sports Bill 2013 [NSW]
Explanatory note
Outline of provisions
Part 1 Preliminary
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on a day or days to be appointed
by proclamation.
Clause 3 sets out the objects of the proposed Act.
Clause 4 defines words and expressions used in the proposed Act.
Clause 5 defines professional combat sport contest.
Clause 6 defines the persons who are industry participants for the purposes of the proposed Act.
Clause 7 defines serological clearance and current serological clearance.
Clause 8 enables the Minister, on the recommendation of the Authority, to approve a body as an
approved amateur body for a specified style, or styles, of combat sport for the purposes of the
proposed Act.
Part 2 Registration of combatants and industry participants
Division 1 Registration of combatants
Clause 9 makes it an offence to engage in a combat sport contest as a combatant without being
registered in the applicable registration class for the contest.
Clause 10 provides that the Authority is to determine the registration classes for combatants and
that separate classes are to be determined for individual styles of combat sport and for professional
and amateur combat sport contests for the same style of combat sport.
Clause 11 sets out the requirements for applications to the Authority for registration, including
requirements that a certificate of fitness and current serological clearance be provided by an
applicant.
Clause 12 prohibits a person under the age of 18 years from being registered for a registration
class applicable to any professional combat sport contest.
Clause 13 empowers the Authority to register combatants if they are fit and proper persons, meet
any age or other pre-conditions for registration and are not controlled members of a declared
organisation under the Crimes (Criminal Organisations Control) Act 2012. The Authority may
refuse to register a combatant if of the opinion that it is not in the interests of the health or safety
of the person. Registration for the first time in a registration class for a professional combat sport
contest must be delayed by the Authority for at least 21 days after the application is made.
Clause 14 enables the Authority to impose conditions on the registration of a combatant and to
revoke or vary any such conditions. The regulations may also prescribe conditions of registration.
Clause 15 sets the term of registration as 3 years, subject to any extension or reduction under the
proposed Act. The Authority may extend the term of registration for the purpose of having all
classes of registration of a combatant expire at the same time.
Clause 16 provides that a person who is, or has been, registered as a combatant for a class of
professional combat sport contest cannot be subsequently registered as an amateur combatant for
that style of combat sport unless the person has never competed for a monetary prize or other
valuable reward. The registration of a person for amateur combat sport contests for a style of
combat sport is cancelled if the person is subsequently registered for professional combat sport
contests of the same style of combat sport.
Clause 17 requires the Authority to keep a register of combatants.
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Combat Sports Bill 2013 [NSW]
Explanatory note
Division 2 Medical record books
Clause 18 requires the Authority to issue each registered combatant with a medical record book.
In the case of a combatant with an equivalent record issued by another jurisdiction, the Authority
need not issue a medical record book and the equivalent record will be taken to be a medical record
book.
Clause 19 enables regulations to be made for or with respect to medical record books.
Division 3 Registration of industry participants and promoters
Clause 20 makes it an offence for an individual to carry out an activity as an industry participant
or to arrange a combat sport contest without being registered in the applicable registration class as
an industry participant or a promoter. It also makes it an offence for a corporation to carry out
activities as an industry participant or to arrange a combat sport contest, except where an activity
or contest is carried out or arranged by an officer or employee who is registered.
Clause 21 makes it an offence for a person to hold himself or herself out as being an industry
participant or a promoter for the purposes of a combat sport contest unless the person is registered
for the relevant class of combat sport contest.
Clause 22 provides that the Authority is to determine the registration classes for industry
participants and promoters and that separate classes are to be determined for individual styles of
combat sport and for professional and amateur combat sport contests.
Clause 23 sets out the requirements for applications to the Authority for registration as an
industry participant or promoter.
Clause 24 prohibits a person under the age of 18 years from being registered for a registration
class applicable to a manager, match-maker or promoter.
Clause 25 empowers the Authority to register industry participants and promoters if they are fit
and proper persons, meet any age or other pre-conditions for registration and are not controlled
members of a declared organisation under the Crimes (Criminal Organisations Control) Act 2012
and are not the subject of a determination by the Commissioner of Police that they are not fit and
proper persons or that registration is contrary to the public interest (an adverse security
determination).
Clause 26 requires applications for registration for a registration class applicable to a manager,
match-maker or promoter to be referred to the Commissioner of Police for investigation and
determination of whether the applicants are fit and proper persons or it is contrary to the public
interest for the applicants to be registered.
Clause 27 enables the Authority to impose conditions on the registration of an industry participant
or promoter and to revoke or vary any such condition. The regulations may also prescribe
conditions of registration.
Clause 28 sets the term of registration as 3 years, subject to any extension or reduction under the
proposed Act. The Authority may extend the term of registration for the purpose of having all
classes of registration of an industry participant or promoter expire at the same time.
Clause 29 requires the Authority to keep a register of industry participants and promoters.
Division 4 Disciplinary and other provisions
Clause 30 sets out the grounds on which disciplinary action may be taken by the Authority against
a registered combatant, industry participant or promoter. The grounds include contravening the
proposed Act or regulations or rules under the proposed Act, contravening a law of another
jurisdiction that would constitute such a contravention in this State, contravening a condition of
registration or a permit or not being a fit or proper person to be registered.
Clause 31 requires the Authority to give a show cause notice to a person before taking
disciplinary action against the person and to consider any response by the person to the notice. The
notice is to specify the grounds for proposed disciplinary action, the proposed disciplinary action
and the time within which the person given the notice is to respond to the notice.
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Combat Sports Bill 2013 [NSW]
Explanatory note
Clause 32 enables the Authority to suspend a registration when a show cause notice is given,
pending a decision about whether to take disciplinary action.
Clause 33 provides that the Authority may take disciplinary action against a registered combatant,
industry participant or promoter if the Authority is of the opinion that there are grounds on which
the action may be taken and that the person has not shown sufficient reasons why action should
not be taken. The disciplinary actions that may be taken are cancelling registration, suspending
registration, reducing the period of registration, imposing or varying a condition on registration or
giving a written caution.
Clause 34 requires the registration of a match-maker, manager or promoter to be cancelled by the
Authority if the Authority is advised that the person is the subject of an adverse security
determination or becomes aware that the person is a controlled member of a declared organisation
under the Crimes (Criminal Organisations Control) Act 2012. The Commissioner of Police may
investigate and determine whether to make an adverse security determination at the
Commissioner's discretion or at the request of the Authority.
Clause 35 enables the Authority to suspend a registration for a specified time or indefinitely and
to impose conditions on a suspension. The Authority may also specify a pre-condition for future
registration of a person whose registration is cancelled.
Clause 36 creates offences prohibiting registered combatants, industry participants or promoters
from doing things permitted by their registration during any period while that registration is
suspended.
Clause 37 provides for the surrender, and subsequent cancellation, of registration.
Part 3 Regulation of combat sport contests
Division 1 Permits to hold combat sport contests
Clause 38 makes it clear that the proposed Division applies to both single combat sport contests
and 2 or more combat sport contests held on one occasion at the same venue.
Clause 39 makes it an offence for an individual to hold a combat sport contest without having a
permit to promote the contest. It also makes it an offence for a corporation to hold a combat sport
contest, except where a contest is held by an officer or employee who holds a permit.
Clause 40 sets out the requirements for applications to the Authority for permits to hold combat
sport contests.
Clause 41 empowers the Authority to grant a permit to hold a combat sport contest to a person if
the person is registered as a promoter of the applicable class and, if the contest is an amateur
contest, the contest has been approved by an applicable approved amateur body. A permit must be
refused if the Commissioner of Police advises that there is a risk to public health or safety or of
substantial damage to property if it is granted.
Clause 42 enables the Authority to impose conditions on a permit to hold a combat sport contest
and to revoke or vary any such condition. The regulations may also prescribe conditions of
permits.
Clause 43 requires the Authority, as soon as practicable after granting a permit, to notify the
Commissioner of Police in writing of the details of the combat sport contest for which the permit
is granted.
Clause 44 enables the Authority to revoke a permit at any time before the combat sport contest is
held but allows a permit to be revoked within 24 hours before the contest only if the Authority is
satisfied that special circumstances exist warranting that action.
Clause 45 empowers a police officer of the rank of Assistant Commissioner or above to revoke a
permit to hold a combat sport contest if satisfied that there is a risk to public health or safety or of
substantial damage to property.
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Combat Sports Bill 2013 [NSW]
Explanatory note
Division 2 General conduct of combat sport contests
Clause 46 authorises regulations to be made for or with respect to the conduct of combat sport
contests, including the health and safety of combatants, the attendance of combat sport inspectors
and matters relating to weigh-ins for contests.
Clause 47 prohibits a combat sport contest from being held at a place prescribed by the
regulations for the purposes of the proposed section.
Clause 48 requires the promoter of a combat sport contest to ensure that each combatant and
industry participant involved holds the applicable registration and also requires each match-maker
for a combat sport contest to ensure that each combatant involved holds the applicable registration.
Clause 49 prohibits a promoter from permitting a combatant to engage in a combat sport contest
unless the combatant has a current serological clearance. A combatant will also be prohibited from
engaging in a contest without a current serological clearance.
Clause 50 prohibits a combatant from engaging in a combat sport contest or sparring if the
combatant is the subject of a medical certificate certifying that the combatant is unfit to engage in
a particular contest or should not engage in a contest before a specified date. Such a certificate
may be disregarded if the Authority so directs after considering a medical practitioner's report.
Clause 51 makes it an offence for a promoter to permit a combatant to engage in a combat sport
contest if the combatant is the subject of a medical certificate certifying that the combatant is unfit
to engage in a particular contest. Such a certificate may be disregarded if the Authority so directs
after considering a medical practitioner's report.
Clause 52 requires the promoter of a combat sport contest to ensure that each combatant complies
with requirements for the wearing or use of protective clothing or equipment.
Clause 53 requires the promoter of a combat sport contest to ensure that an attending medical
practitioner is present at or before the contest.
Clause 54 requires the promoter of a combat sport contest who becomes aware that a combatant
has died or been admitted to hospital within 48 hours of the contest to notify the Authority in
writing of the death or admission.
Clause 55 prohibits a person from entering or remaining on the contest area of a combat sport
contest unless the person is a combatant, is involved in the control or management of the contest,
is a combat sport inspector or is another authorised person.
Clause 56 imposes a duty on the combat sport inspector present at a combat sport contest to record
the result and provide the record to the Authority as soon as practicable.
Division 3 Medical examinations of combatants
Clause 57 defines the pre-contest medical examination functions and the post-contest medical
examination functions of a medical practitioner in relation to a combatant in a combat sport
contest. Both kinds of functions involve a medical examination and a certification as to fitness or
unfitness. If a medical examination is a pre-contest examination, a combatant who does not have
a current serological clearance must be certified as being unfit to engage in a combat sport contest.
Clause 58 makes it an offence for a combatant to engage in a combat sport contest without being
examined on the day by a medical practitioner exercising the pre-contest medical examination
functions. It will also be an offence for the promoter to permit a combatant to engage in a combat
sport contest if the combatant has not been so medically examined and unless the promoter is also
satisfied that the medical practitioner has sighted the combatant's medical record book.
Clause 59 requires a combatant to submit to being examined by a medical practitioner exercising
the post-contest medical examination functions.
Clause 60 requires the promoter of a combat sport contest to arrange for the post-contest medical
examination functions to be exercised in relation to a combatant who is unable to be examined at
the end of a contest.
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Combat Sports Bill 2013 [NSW]
Explanatory note
Clause 61 confers on the Authority power to direct combatants to submit to medical and other
examinations by qualified persons relating to the health or safety of combatants. It will be an
offence if the combatant fails to comply with a direction.
Division 4 Directions not to hold contests and ending of contests
Clause 62 confers power on the Authority, at or after the weigh-in for a combat sport contest, to
direct the contest not to be held if of the opinion that there is likely to be a contravention of the
proposed Act or regulations or rules under the proposed Act. A police officer attending a combat
sport contest may also direct the contest not to be held if satisfied there is a risk to public health
or safety or substantial damage to property.
Clause 63 requires the attending medical practitioner to direct the referee to stop a combat sport
contest if the medical practitioner is of the opinion that a combatant is so exhausted or injured as
to be unable to defend himself or herself or to continue the contest.
Clause 64 requires a combat sport inspector present at a combat sport contest to direct the referee
to stop the combat sport contest if the inspector is of the opinion that a combatant is so exhausted
or injured as to be unable to defend himself or herself or to continue the contest and in other
specified circumstances.
Clause 65 enables a police officer present at a combat sport contest to direct the referee to stop
the contest if the police officer is of the opinion that there is a risk to public health or safety or of
substantial damage to property.
Clause 66 requires the referee to stop a combat sport contest if of the opinion that a combatant is
so exhausted or injured as to be unable to defend himself or herself or to continue the contest and
in other specified circumstances. It will be an offence if a referee fails to stop a combat sport
contest immediately after being directed to do so by an attending medical practitioner, a combat
sport inspector or a police officer.
Part 4 Prohibition orders
Division 1 Procedure before orders are made
Clause 67 requires the Authority to give a person a show cause notice, and to consider any
response by the person to that notice, before making a prohibition order against the person. The
notice is to specify the grounds for the proposed prohibition order, the type of proposed
prohibition order and the time within which the person given the notice is to respond to the notice.
Clause 68 requires the Authority to consult with the Director-General of the Department of Trade
and Investment before issuing a show cause notice in respect of licensed premises.
Clause 69 makes it an offence for a person subject to a show cause notice for a proposed health
and safety prohibition order to engage in a contest or sparring before a determination is made as
to whether to issue the order.
Division 2 Health and safety prohibition orders
Clause 70 defines a health and safety prohibition order as an order made by the Authority that
prohibits a person from participating as a combatant in all combat sport contests and all sparring.
Clause 71 authorises the Authority to make a health and safety prohibition order against a person
if of the opinion that it is in the interests of the health or safety of the person to do so and that the
person has not shown sufficient reasons why the order should not be made. An order may be for
a specified term and may be made whether or not other action is taken. It will be an offence to
contravene a health and safety prohibition order.
Clause 72 provides for the cancellation or suspension of registration as a combatant in the event
of a health and safety prohibition order being made against the combatant, depending on the term
of the order.
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Combat Sports Bill 2013 [NSW]
Explanatory note
Clause 73 enables the review of a health and safety prohibition order by the Authority at the
request of the person subject to the order.
Division 3 General prohibition orders
Clause 74 defines a general prohibition order as an order made by the Authority that prohibits a
person from one or more of engaging in combat sport contests or sparring, promoting combat sport
contests, engaging in a profession, occupation or business related to combat sport, permitting a
combat sport contest on specified premises or attending premises where training or a combat sport
contest or weigh-in is held.
Clause 75 authorises the Authority to make a general prohibition order against a person if of the
opinion that there are grounds for taking disciplinary action against the person, or there would be
if the person were registered, and that the person has not shown sufficient reasons why the order
should not be made. An order may be for a specified term and may be made whether or not other
action is taken. It will be an offence to contravene a general prohibition order.
Clause 76 provides for the cancellation or suspension of registration of a person in the event of a
general prohibition order being made that prohibits the person from carrying out an activity
authorised by the registration, depending on the term of the order.
Part 5 Review by Administrative Decisions Tribunal
Clause 77 sets out decisions under the proposed Act for which a review by the Tribunal may be
sought.
Clause 78 contains restrictions on the disclosure of the existence or content of criminal
intelligence report or other criminal information by the Tribunal or in hearings of the Tribunal and
provides that the Commissioner of Police is to be a party to proceedings before the Tribunal
involving an adverse security determination or other advice given by the Commissioner to the
Authority.
Part 6 Combat Sports Authority
Clause 79 constitutes the Combat Sports Authority of New South Wales.
Clause 80 provides for the Authority to consist of a nominee of the Commissioner of Police and
between 4 and 6 other persons appointed by the Minister of whom one is to be a medical
practitioner and one is to be a Judge or former Judge or a person who has been an Australian
lawyer for at least 7 years.
Clause 81 sets out the functions of the Authority, including to supervise and regulate professional
and amateur combat sport in New South Wales and to promote awareness of issues relating to
combat sports.
Clause 82 enables the Authority to appoint advisory committees.
Clause 83 provides that a member who is a Judge or former Judge or who has been an Australian
lawyer for at least 7 years must be present at meetings of the Authority where matters relating to
disciplinary action, prohibition orders or proceedings for offences are decided.
Part 7 Enforcement powers
Clause 84 enables the Authority to appoint Public Service employees as combat sport inspectors.
Classes of persons nominated by an approved amateur body for a combat sport may also be
appointed as combat sport inspectors for the purposes of amateur combat sport contests.
Regulations under the proposed Act may also provide for police officers to exercise functions of
combat sport inspectors.
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Combat Sports Bill 2013 [NSW]
Explanatory note
Clause 85 confers functions on combat sport inspectors, including monitoring compliance with
the proposed Act and attending combat sport contests and weigh-ins for contests. A combat sport
inspector may enter and inspect premises and exercise other powers for the purposes of exercising
the inspector's functions.
Clause 86 enables the Authority to require any person (by written notice) to provide information
or records, or authorise another person to do so, that is relevant to specified matters, including
whether a person is a fit and proper person to be registered, whether a prohibition order should be
made and investigations of possible contraventions of the proposed Act, regulations or rules.
Clause 87 prevents a person relying on the excuse of self-incrimination for not complying with a
requirement to provide information or a document under proposed section 86, if the information
or document is required for the purposes of investigation of contraventions of the proposed Act,
regulations or rules, and also prohibits any such information or document from being used as
evidence against the person in civil or criminal proceedings (other than proceedings arising out of
false or misleading information or of obstruction under the proposed Act).
Clause 88 enables the Commissioner of Police to require a person (by written notice) to provide
information for the purposes of determining whether to make an adverse security determination
about the person.
Clause 89 makes it an offence, without reasonable cause, to fail to comply with a notice under the
proposed Part.
Clause 90 makes it an offence for a person, without reasonable excuse, to hinder or obstruct a
combat sport inspector, police officer, referee or medical practitioner in the exercise of a function
under the proposed Act or regulations made under the proposed Act.
Clause 91 makes it clear that complying with a requirement made by a combat sport inspector or
a notice under the proposed Part will not create any liability to another person.
Part 8 Miscellaneous
Clause 92 makes it an offence for a person to provide any information or produce any document
in connection with specified requirements of, or made under, the proposed Act that the person
knows is false or misleading in a material particular.
Clause 93 enables the Minister and the Authority to delegate functions.
Clause 94 authorises the Commissioner of Police to disclose criminal intelligence report or other
criminal information to the Authority about an applicant for registration as a combatant, an
industry participant or a promoter or about a registered industry participant or promoter. The
proposed section also enables the Authority to consider any such information when determining
any such application or disciplinary proceedings or whether to make a prohibition order.
Clause 95 provides that the Commissioner of Police, any other police officer and the Authority
are not required to give reasons for determining a matter or taking an action under the proposed
Act if to do so would disclose a criminal intelligence report or other criminal information.
Clause 96 provides for the means of service of documents under the proposed Act.
Clause 97 enables the Authority to recover any fee or other money due to it as a debt in a court of
competent jurisdiction.
Clause 98 provides for the issuing and effect of evidentiary certificates by the Authority as to
matters relating to registration, combat sport contests and other things under the proposed Act for
use in proceedings.
Clause 99 provides that proof is not required in legal proceedings of certain matters relating to the
Authority, including the constitution of the Authority and the appointment of, or the holding of
office by, any member of the Authority.
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Combat Sports Bill 2013 [NSW]
Explanatory note
Clause 100 protects the Authority, members of the Authority, approved amateur bodies, combat
sport inspectors, medical practitioners and referees exercising functions under the proposed Act
from personal liability for acts or omissions done or omitted to be done in good faith for the
purposes of executing the proposed Act.
Clause 101 enables the Authority to enter into arrangements with sporting bodies, law
enforcement agencies and other agencies in Australia and elsewhere for the provision of
information by and to the Authority relating to specified matters relevant to the proposed Act.
Clause 102 enables the Authority to exempt a person or a specified class of persons from the
proposed Act or specified provisions of the proposed Act. An exemption may be conditional or
unconditional and may be revoked or varied.
Clause 103 makes a director of a corporation, or a person concerned in the management of a
corporation, liable for an offence under the proposed Act or regulations under the proposed Act
that is committed by the corporation if the director or person knowingly authorised or permitted
the contravention.
Clause 104 provides for proceedings for offences under the proposed Act or regulations under the
proposed Act to be dealt with summarily before the Local Court or the Supreme Court in its
summary jurisdiction.
Clause 105 enables penalty notices to be issued for offences under the proposed Act or
regulations under the proposed Act, being offences prescribed by the regulations.
Clause 106 contains the general regulation-making power for the proposed Act and specifies
other matters about which regulations may be made, including exemption from the proposed Act.
Clause 107 enables the Authority to make rules for or with respect to any aspect of engagement
in combat sports in New South Wales and specifies particular matters about which rules may be
made. Any such rule must be approved by the Minister and cannot be inconsistent with the
proposed Act or any regulation under the proposed Act.
Clause 108 requires the Authority to give notice in writing to the affected persons of decisions
relating to applications, registration, permits or registration pre-conditions. It also requires the
Minister to give notice in writing to amateur combat sport bodies of decisions relating to the
approval of the body as an approved amateur body.
Clause 109 repeals the Combat Sports Act 2008.
Clause 110 provides for the review of the proposed Act by the Minister after the period of 5 years
from the date of assent to the proposed Act.
Schedule 1 Constitution and procedure of the Authority
Schedule 1 contains provisions relating to the constitution and members of the Authority and
procedures for meetings of the Authority.
Schedule 2 Savings and transitional provisions
Schedule 2 contains savings and transitional provisions consequent on the enactment of the
proposed Act.
Schedule 3 Consequential amendment of other Acts
Schedule 3 contains amendments to other Acts consequent on the enactment of the proposed Act.
Page 9
First print
New South Wales
Combat Sports Bill 2013
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Objects of Act 2
4 Definitions 2
5 Professional combat sport contests 3
6 Industry participants 4
7 Serological clearances 4
8 Approval of amateur combat sport bodies 5
Part 2 Registration of combatants and industry participants
Division 1 Registration of combatants
9 Requirement for registration 6
10 Registration classes of combatants 6
11 Application for registration as combatant 6
12 Minors not entitled to professional registration 6
13 Determination of application 7
14 Conditions of registration 7
15 Duration of registration 8
16 Effect of registration as professional 8
17 Register of combatants 8
b2012-087-07.d19
Combat Sports Bill 2013 [NSW]
Contents
Page
Division 2 Medical record books
18 Issue of medical record books 9
19 Provisions relating to medical record books 9
Division 3 Registration of industry participants and promoters
20 Industry participants and promoters must be registered 9
21 Unauthorised persons must not hold themselves out as being
industry participants or promoters 10
22 Registration classes of industry participants and promoters 10
23 Application for registration as industry participant or promoter 11
24 Minors not entitled to certain kinds of registration 11
25 Determination of application 11
26 Security determinations 12
27 Conditions of registration 13
28 Duration of registration 13
29 Register of industry participants and promoters 13
Division 4 Disciplinary and other provisions
30 Grounds for disciplinary action 14
31 Notice to show cause why disciplinary action should not be taken 14
32 Suspension during show cause process 14
33 Disciplinary action may be taken 15
34 Cancellation of registration on security grounds 15
35 Conditions on suspension or cancellation 15
36 Effect of suspension 16
37 Surrender of registration 16
Part 3 Regulation of combat sport contests
Division 1 Permits to hold combat sport contests
38 Application of Division 17
39 Requirement for permit to hold particular combat sport contest 17
40 Application for permit 17
41 Determination of application 17
42 Conditions of permit 18
43 Notification to police of permits 18
44 Revocation of permits by Authority 18
45 Revocation of permits by police 19
Division 2 General conduct of combat sport contests
46 Conduct of combat sport contests 19
47 Combat sport contests prohibited at certain places 19
48 Promoter and match-maker must ensure eligibility of combatants
and industry participants 19
49 Requirement for current serological clearances 20
50 Unfit combatant not to engage in contests or sparring 20
51 Obligation of promoter--unfit combatant 20
52 Obligation of promoter--protective clothing and equipment 20
53 Obligation of promoter--attending medical practitioner 20
54 Obligation of promoter--notice of injury or death 20
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Combat Sports Bill 2013 [NSW]
Contents
Page
55 Unauthorised entry into contest area 21
56 Records of professional combat sport contest results 21
Division 3 Medical examinations of combatants
57 Functions of medical practitioner 21
58 Pre-contest medical examination 22
59 Post-contest medical examination 22
60 Obligation of promoter--combatant rendered unconscious or
unable to submit to medical examination 22
61 Medical examinations directed by Authority 23
Division 4 Directions not to hold contests and ending of contests
62 Direction not to hold or participate in combat sport contest 23
63 Direction by attending medical practitioner to stop contest 24
64 Direction by combat sport inspector to stop contest 24
65 Direction by police officer to stop contest 24
66 Referee's duty to stop contest 24
Part 4 Prohibition orders
Division 1 Procedure before orders are made
67 Notice to show cause why order should not be made 26
68 Consultation required for licensed premises 26
69 No contest or sparring where health and safety show cause notice 26
Division 2 Health and safety prohibition orders
70 Health and safety prohibition orders 27
71 Authority may make health and safety prohibition orders 27
72 Effect of health and safety prohibition order on registration 27
73 Review of health and safety prohibition orders 27
Division 3 General prohibition orders
74 General prohibition orders 28
75 Authority may make general prohibition orders 28
76 Effect of general prohibition order on registration 29
Part 5 Review by Administrative Decisions Tribunal
77 Review of decisions by Administrative Decisions Tribunal 30
78 Reviews of decisions based on security determinations or
criminal intelligence 31
Part 6 Combat Sports Authority
79 Constitution and status of Authority 32
80 Members of Authority 32
81 Functions of Authority 32
82 Appointment of advisory committees 32
83 Requirement for legal member of Authority to be present 33
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Combat Sports Bill 2013 [NSW]
Contents
Page
Part 7 Enforcement powers
84 Appointment of combat sport inspectors and exercise of
inspectorial powers by others 34
85 Functions of combat sport inspectors 34
86 Provision of information to Authority 35
87 Abrogation of privilege against self-incrimination 36
88 Provision of information to Commissioner of Police 36
89 Information offences 36
90 Obstruction 37
91 No liability for supply of information under Act 37
Part 8 Miscellaneous
92 False or misleading information 38
93 Delegation 38
94 Authority may consider criminal information 38
95 Disclosure of criminal intelligence information 38
96 Service of documents 39
97 Recovery of fees or other money by Authority 39
98 Evidence 39
99 Proof of certain matters not required 40
100 Personal liability 40
101 Supply of information 41
102 Exemptions for persons not resident in the State 41
103 Offences by corporations 42
104 Nature of proceedings for offences 42
105 Penalty notices 42
106 Regulations 43
107 Rules 44
108 Notification and taking effect of decisions 44
109 Repeal of Combat Sports Act 2008 45
110 Review of Act 45
Schedule 1 Constitution and procedure of the Authority 46
Schedule 2 Savings and transitional provisions 50
Schedule 3 Consequential amendment of other Acts 53
Page 4
New South Wales
Combat Sports Bill 2013
No , 2013
A Bill for
An Act to regulate the conduct of combat sports and combat sport contests; to constitute the
Combat Sports Authority of New South Wales; to repeal the Combat Sports Act 2008; and for
other purposes.
Combat Sports Bill 2013 [NSW]
Part 1 Preliminary
The Legislature of New South Wales enacts: 1
Part 1 Preliminary 2
1 Name of Act 3
This Act is the Combat Sports Act 2013. 4
2 Commencement 5
This Act commences on a day or days to be appointed by proclamation. 6
3 Objects of Act 7
The objects of this Act are as follows: 8
(a) to promote the health and safety of combat sport contestants, 9
(b) to promote the integrity of combat sport contests. 10
4 Definitions 11
(1) In this Act: 12
adverse security determination means a determination about a person by the 13
Commissioner of Police that: 14
(a) the person is not a fit and proper person to be registered, or 15
(b) it would be contrary to the public interest for the person to be registered. 16
amateur combat sport contest means a combat sport contest other than a professional 17
combat sport contest. 18
approved amateur body--see section 8. 19
approved form means a form approved by the Minister. 20
attending medical practitioner means a medical practitioner engaged by the 21
promoter of a combat sport contest to be present, in the capacity of a medical 22
practitioner, at a weigh-in for the contest or at the contest. 23
Authority means the Combat Sports Authority of New South Wales constituted by 24
this Act. 25
combat sport means any sport, martial art or activity in which the primary objective 26
of each contestant in a contest, display or exhibition of that sport, art or activity is to 27
strike, kick, hit, grapple with, throw or punch one or more other contestants, but does 28
not include a sport, martial art or activity that is prescribed by the regulations. 29
combat sport contest means a contest, display or exhibition of combat sport: 30
(a) to which the public are admitted on payment of a fee, or 31
(b) arranged or held on a for profit basis, or 32
(c) that is held on premises licensed under the Liquor Act 2007 or the Casino 33
Control Act 1992, or 34
(d) where at least one of the combatants is competing for a monetary prize or other 35
valuable reward, or 36
(e) that is prescribed by the regulations for the purposes of this definition, 37
but does not include sparring, if the sparring is not for public entertainment, or a 38
contest, display or exhibition excluded from this definition by the regulations. 39
combat sport inspector means a combat sport inspector appointed under section 84. 40
combatant means a person who engages or proposes to engage as a contestant in a 41
combat sport contest. 42
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Part 1 Preliminary
contest area means the competition area for a combat sport contest and includes any 1
area between the area in which the contest takes place and any structure or other 2
barrier between the combatants and spectators. 3
current serological clearance--see section 7 (2). 4
disciplinary action--see section 33 (2). 5
function includes a power, authority and duty, and exercise a function includes 6
perform a duty. 7
general prohibition order--see section 74. 8
health and safety prohibition order--see section 70. 9
judge--see section 6 (1). 10
manager--see section 6 (1). 11
match-maker--see section 6 (1). 12
premises includes any structure, building, aircraft, vehicle, vessel and place (whether 13
built on or not) and any part of any such thing. 14
professional combat sport contest--see section 5. 15
prohibited person means a person who is subject to a prohibition order. 16
prohibition order means a health and safety prohibition order or a general 17
prohibition order. 18
promote includes arrange or hold. 19
promoter of a combat sport contest means the person who has control of the 20
promotion of a combat sport contest. 21
referee--see section 6 (1). 22
registered means registered under this Act. 23
registration class of combatant--see section 10 (3). 24
registration class of industry participant or promoter--see section 22 (4). 25
registration pre-condition means a condition imposed by the Authority under this 26
Act, on cancellation of a person's registration, with which the person must comply 27
before a subsequent application for registration may be dealt with. 28
rules means rules made by the Authority under section 107. 29
serological clearance--see section 7 (1). 30
timekeeper--see section 6 (1). 31
trainer--see section 6 (1). 32
(2) Notes included in this Act do not form part of this Act. 33
5 Professional combat sport contests 34
(1) In this Act: 35
professional combat sport contest means a combat sport contest: 36
(a) where at least one of the combatants is competing for a monetary prize or other 37
valuable reward, or 38
(b) where at least one of the combatants is registered, or has been previously 39
registered, in a registration class applicable to professional combat sport 40
contests for the style of combat sport concerned, or 41
(c) where at least one of the combatants has previously been a combatant in a 42
professional combat sport contest for the style of combat sport concerned. 43
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Part 1 Preliminary
(2) Despite subsection (1), a combat sport contest is not a professional combat sport 1
contest merely because: 2
(a) a combatant has been previously registered to engage in professional combat 3
sport contests for the style of combat sport concerned, if that registration of the 4
combatant was cancelled under section 16 (2), or 5
(b) a combatant has previously been a combatant in a professional combat sport 6
contest for the style of combat sport concerned at a time when the combat sport 7
was not regulated by this Act or any preceding Act that regulated combat 8
sports. 9
6 Industry participants 10
(1) In this Act, industry participant means any of the following persons, whether or not 11
they are employed or engaged on a full-time basis and whether or not they receive 12
payment or other consideration for the activity concerned: 13
(a) an individual who acts on behalf of a promoter to arrange combat sport 14
contests between particular combatants (a match-maker), 15
(b) an individual who undertakes to represent the interests of a combatant in 16
procuring the engagement of the combatant as a contestant in a combat sport 17
contest or who directs or controls the combat sport activities of any combatant 18
(a manager), 19
(c) an individual who supervises the training or instruction of a combatant or who 20
accompanies a combatant into or onto the contest area to give advice or 21
assistance during a combat sport contest (a trainer), 22
(d) an individual who assists a combatant as advised by a trainer and who assists 23
a trainer in the preparation of combatants (a second), 24
(e) an individual who determines the points scored by each combatant in a combat 25
sport contest (a judge), 26
(f) an individual who enforces the rules relating to a combat sport during the 27
combat sport contest (a referee), 28
(g) an individual who regulates the number and length of rounds, and the interval 29
between rounds, of a combat sport contest (a timekeeper), 30
(h) any other individual of a class of persons prescribed by the regulations for the 31
purposes of this definition, 32
but does not include a promoter. 33
(2) A class of persons may be prescribed for the purposes of subsection (1) if it consists 34
of persons engaged in or employed in a profession, occupation or business in relation 35
to a combat sport. 36
7 Serological clearances 37
(1) For the purposes of this Act, a serological clearance is a certificate by a registered 38
medical practitioner or a person who provides a pathology service that: 39
(a) the medical practitioner or person is of the opinion that a specified person is 40
not suffering from any medical condition or disease specified by the 41
regulations for the purposes of this section, and 42
(b) the opinion is based on the results of blood tests or other tests carried out on a 43
date specified in the certificate. 44
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(2) A serological clearance is a current serological clearance for the purposes of this 1
Act if the tests referred to in the clearance were carried out: 2
(a) in the case of a person who is aged under 18 years--not more than 12 months 3
before the date when the certificate is sought to be relied on, or 4
(b) in the case of any other person--not more than 6 months before the date when 5
the certificate is sought to be relied on. 6
8 Approval of amateur combat sport bodies 7
(1) The Minister may, on application by a body corporate or other body and on the 8
recommendation of the Authority, approve the body as an approved amateur body 9
for a specified style, or styles, of combat sport for the purposes of this Act. 10
(2) An application is to be made in the approved form. 11
(3) An application is to be accompanied by any other information required by the 12
Authority. 13
(4) An approval may be made subject to conditions. 14
(5) The Minister may, on the recommendation of the Authority, at any time vary a 15
condition of an approval or revoke an approval. 16
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Part 2 Registration of combatants and industry participants
Part 2 Registration of combatants and industry participants 1
Division 1 Registration of combatants 2
9 Requirement for registration 3
A person must not engage in a combat sport contest as a combatant unless the person 4
is registered as a combatant of the registration class applicable to that contest. 5
Maximum penalty: 6
(a) in the case of a person whose registration for the applicable registration class 7
has been cancelled (other than a cancellation on surrender of registration)-- 8
80 penalty units or imprisonment for 6 months, or both, or 9
(b) in any other case--50 penalty units or 6 months imprisonment, or both. 10
10 Registration classes of combatants 11
(1) The Authority may determine the registration classes of combatants for the purposes 12
of registration as a combatant. 13
(2) The Authority is to determine separate registration classes for combatants for: 14
(a) combat sport contests for different styles of combat sport, and 15
(b) professional combat sport contests and amateur combat sport contests for the 16
same style of combat sport. 17
(3) A reference in this Act to the registration class of a combatant is a reference to the 18
registration class or classes determined by the Authority under this section for which 19
the combatant is registered. 20
11 Application for registration as combatant 21
(1) A person may apply to the Authority to be registered as a combatant of a specified 22
registration class or classes. 23
(2) An application must: 24
(a) be in the approved form, and 25
(b) specify the class or classes for which registration is sought, and 26
(c) be accompanied by a certificate of fitness, in the approved form, to engage in 27
combat sport given by a medical practitioner not more than 28 days before the 28
date on which the application is made, and 29
(d) be accompanied by a current serological clearance for the applicant (unless the 30
Authority already has a current serological clearance for the applicant), and 31
(e) be accompanied by any other information required by the Authority. 32
(3) The regulations may prescribe the fee payable for an application and the manner in 33
which it is to be paid. 34
12 Minors not entitled to professional registration 35
A person who is under the age of 18 years is not entitled to apply for registration, or 36
to be registered, for a registration class applicable to any professional combat sport 37
contest. 38
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13 Determination of application 1
(1) The Authority may register an applicant as a combatant of a specified registration 2
class if the Authority is satisfied of the following: 3
(a) that the application is made in accordance with this Division and any 4
application fee has been paid, 5
(b) that the applicant is a fit and proper person to be registered as a combatant of 6
that class, 7
(c) that the applicant is not less than the minimum age prescribed by this Act, the 8
regulations or the rules as the minimum age required for registration as a 9
combatant of that class, 10
(d) if the applicant is subject to a registration pre-condition, that the applicant has 11
complied with the registration pre-condition, 12
(e) as to any other matter prescribed by the regulations for the purposes of this 13
subsection. 14
(2) The Authority must refuse to register an applicant as a combatant of a specified 15
registration class if: 16
(a) it is not satisfied of the matters specified in subsection (1), or 17
(b) the applicant is a controlled member of a declared organisation under the 18
Crimes (Criminal Organisations Control) Act 2012, or 19
Note. Controlled members are prohibited from applying for registration--see 20
section 27 of the Crimes (Criminal Organisations Control) Act 2012. 21
(c) it is of the opinion that it is not in the interests of the health or safety of the 22
person to grant the registration, or 23
(d) in any other circumstances prescribed by the regulations for the purposes of 24
this section. 25
(3) Subsection (2) does not limit the grounds on which the Authority may refuse to 26
register an applicant as a combatant of a specified registration class. 27
(4) The Authority is not required to determine an application for registration if the 28
Authority is not satisfied as to the identity of the applicant for registration or if the 29
applicant fails, without reasonable excuse, to provide any relevant information 30
requested by the Authority. 31
(5) The Authority must not register an applicant for the first time for any registration 32
class applicable to any professional combat sport contest until at least 21 days after 33
the application is made. 34
14 Conditions of registration 35
(1) The Authority may, on registration of a combatant or at any later time, impose 36
conditions on the registration. 37
(2) The Authority may impose conditions on the registration of a combatant for the 38
health or safety of the combatant or for any other reason it thinks fit. 39
(3) The regulations may provide that specified conditions may or must be imposed by 40
the Authority on the registration of a combatant or class of combatants. 41
(4) The Authority may at any time revoke a condition or vary a condition of registration 42
(other than a condition required by the regulations to be imposed). 43
(5) This section does not limit any other power of the Authority under this Act to impose 44
conditions on registration. 45
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Part 2 Registration of combatants and industry participants
15 Duration of registration 1
(1) The registration of a combatant ceases to have effect 3 years after the date it is 2
granted, unless it is sooner cancelled or the term of registration is extended or 3
reduced under this Act. 4
(2) Despite subsection (1), the Authority may register a combatant for a shorter period if 5
the Authority is of the opinion that it is in the interests of the health or safety of the 6
combatant to be registered for the shorter period. 7
(3) The Authority may, at any time, extend the term of registration of a combatant as a 8
combatant of a registration class for the purposes of having all classes of registration 9
of the combatant expire at the same time. 10
16 Effect of registration as professional 11
(1) A person who is, or has been, registered as a combatant for a registration class 12
applicable to a professional combat sport contest, or who has competed as a 13
combatant in a professional combat sport contest, must not subsequently be 14
registered for a registration class applicable to amateur combat sport contests for the 15
same style of combat sport unless the Authority is satisfied that the person has not 16
previously competed in a combat sport contest for that style of combat sport for a 17
monetary prize or other valuable reward. 18
(2) On registration as an amateur combatant in any such case, any registration of the 19
person for the registration class applicable to professional combat sport contests for 20
the style of combat sport is cancelled. 21
(3) The registration of a person for a registration class applicable to amateur combat 22
sport contests for a style of combat sport is cancelled if the person is subsequently 23
registered for the registration class applicable to professional combat sport contests 24
for the same style of combat sport. 25
17 Register of combatants 26
(1) The Authority must keep a register of combatants. 27
(2) The register must contain the following: 28
(a) the name, address and date of birth of each registered combatant, 29
(b) the name used by a registered combatant for combat sport purposes and any 30
other name by which the combatant is or has been known, if not the same as 31
the combatant's name, 32
(c) a contact telephone number or email contact details for each registered 33
combatant, 34
(d) the registration class or classes of each combatant, particulars of any 35
conditions to which each registration is subject and the period of each 36
registration, 37
(e) details of each serological clearance provided to the Authority for each 38
registered combatant, including the date the applicable tests were carried out, 39
(f) particulars of any suspension or cancellation of registration or any registration 40
pre-condition imposed, 41
(g) any results of combat sport contests provided to the Authority, 42
(h) information relating to certificates provided by medical practitioners as to the 43
fitness or unfitness of combatants provided to the Authority, 44
(i) any other information or documents prescribed by the regulations or that the 45
Authority thinks appropriate. 46
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(3) The register is to be maintained in the manner and form approved by the Authority. 1
(4) The Authority must ensure that information kept on the register is accurate and 2
up-to-date. 3
(5) The regulations may make provision for or with respect to the circumstances in 4
which information on the register is to be made available. 5
(6) It is a condition of the registration of a combatant that the combatant must notify the 6
Authority in writing of any change in the combatant's name, other name (if any) used 7
for combat sport purposes, address or registered contact details not later than 14 days 8
after the change occurs. 9
Division 2 Medical record books 10
18 Issue of medical record books 11
(1) The Authority must cause each registered combatant to be issued with a medical 12
record book in the form that the Authority thinks fit. 13
(2) A medical record book may contain one or more medical record cards in the 14
approved form. 15
(3) The Authority may, but is not required to, issue a medical record book to a registered 16
combatant who has an equivalent record issued in accordance with, or recognised 17
under, the law of another State or Territory or another country. 18
(4) In any such case where a medical record book is not issued, the equivalent record is 19
taken to be the medical record book of the registered combatant for the purposes of 20
this Act and the regulations. 21
19 Provisions relating to medical record books 22
(1) The regulations may make provision for or with respect to medical record books for 23
registered combatants. 24
(2) Without limiting subsection (1), the regulations may provide for the following: 25
(a) the issue of medical record books to registered combatants, 26
(b) the making of entries in, endorsements on, and alterations to, medical record 27
books, 28
(c) the production of medical record books, 29
(d) the surrender, re-issue and replacement of medical record books, 30
(e) the protection of medical record books. 31
Division 3 Registration of industry participants and promoters 32
20 Industry participants and promoters must be registered 33
(1) An individual must not carry out an activity as an industry participant unless the 34
individual is registered as an industry participant of the registration class applicable 35
to that activity. 36
Maximum penalty: 37
(a) in the case of a person whose registration for the applicable registration class 38
has been cancelled (other than cancellation on surrender of registration)-- 39
80 penalty units or 6 months imprisonment, or both, or 40
(b) in any other case--50 penalty units or imprisonment for 6 months, or both. 41
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(2) An individual must not arrange a combat sport contest unless the individual is 1
registered as a promoter of the registration class applicable to that contest. 2
Maximum penalty: 3
(a) in the case of a person whose registration for the applicable registration class 4
has been cancelled (other than cancellation on surrender of registration)-- 5
160 penalty units or 6 months imprisonment, or both, or 6
(b) in any other case--100 penalty units or 6 months imprisonment, or both. 7
Note. It is an offence under section 39 to hold a combat sport contest without being the holder 8
of a permit for that contest. 9
(3) A corporation must not carry out an activity as an industry participant. 10
Maximum penalty: 160 penalty units. 11
(4) A corporation must not arrange a combat sport contest. 12
Maximum penalty: 320 penalty units. 13
(5) Subsections (3) and (4) do not apply to a corporation in respect of an activity or 14
combat sport contest if: 15
(a) the activity or contest is carried out or arranged by an officer or employee of 16
the corporation, and 17
(b) the officer or employee is registered as an industry participant or promoter of 18
a registration class applicable to that activity or contest. 19
(6) This section does not apply to the following activities of an approved amateur body: 20
(a) the approval of an amateur combat sport contest, 21
(b) arranging for a judge, referee, timekeeper or combat sport inspector to 22
officiate at or attend an amateur combat sport contest, 23
(c) acting as a match-maker for an amateur combat sport contest. 24
(7) This section does not apply to a person who merely provides or controls premises at 25
which a combat sport contest is held. 26
21 Unauthorised persons must not hold themselves out as being industry participants 27
or promoters 28
(1) A person must not hold himself or herself out as being an industry participant for the 29
purposes of a combat sport contest unless: 30
(a) the person is registered as an industry participant of the registration class 31
applicable to that contest, and 32
(b) the person is carrying out or proposing to carry out activities as an industry 33
participant in relation to that contest. 34
Maximum penalty: 50 penalty units, or 6 months imprisonment, or both. 35
(2) A person must not hold himself or herself out as being the promoter of a combat sport 36
contest unless: 37
(a) the person is registered as a promoter of the registration class applicable to that 38
contest, and 39
(b) the person is the promoter of that contest. 40
Maximum penalty: 360 penalty units, or 12 months imprisonment, or both. 41
22 Registration classes of industry participants and promoters 42
(1) The Authority may determine the registration classes of industry participants and 43
promoters for the purposes of registration as an industry participant or promoter. 44
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Part 2 Registration of combatants and industry participants
(2) The Authority is to determine separate registration classes for each kind of industry 1
participant and is to further provide for separate registration classes for participation 2
by each kind of industry participant in: 3
(a) combat sport contests for different styles of combat sports, and 4
(b) professional combat sport contests and amateur combat sport contests for the 5
same style of combat sport. 6
(3) The Authority is to determine separate registration classes for promoters for: 7
(a) combat sport contests for different styles of combat sports, and 8
(b) professional combat sport contests and amateur combat sport contests for the 9
same style of combat sport. 10
(4) A reference in this Act to the registration class of an industry participant or a 11
promoter is a reference to the registration class or classes of industry participant or 12
promoter determined by the Authority under this section for which the participant or 13
promoter is registered. 14
23 Application for registration as industry participant or promoter 15
(1) An individual may apply to the Authority to be registered as an industry participant 16
or promoter of a specified registration class or classes. 17
(2) An application must: 18
(a) be in the approved form, and 19
(b) specify the class or classes for which registration is sought, and 20
(c) be accompanied by any other information required by the Authority. 21
(3) The regulations may prescribe the fee payable for an application and the manner in 22
which it is to be paid. 23
24 Minors not entitled to certain kinds of registration 24
A person who is under the age of 18 years is not entitled to apply for registration as, 25
or to be registered as, an industry participant of a registration class applicable to a 26
manager or match-maker or as a promoter. 27
25 Determination of application 28
(1) The Authority may register an applicant as an industry participant or promoter of a 29
specified registration class if the Authority is satisfied of the following: 30
(a) that the application is made in accordance with this Division and any 31
application fee has been paid, 32
(b) that the applicant is a fit and proper person to be registered as an industry 33
participant or promoter of that class, 34
(c) that the applicant is not less than the minimum age prescribed by this Act, the 35
regulations or the rules as the minimum age required for registration as an 36
industry participant or promoter of that class, 37
(d) if the applicant is subject to a registration pre-condition, that the applicant has 38
complied with the registration pre-condition, 39
(e) as to any other matter prescribed by the regulations for the purposes of this 40
subsection. 41
(2) The Authority must refuse to register an applicant as an industry participant or 42
promoter of a specified registration class if: 43
(a) it is not satisfied of the matters specified in subsection (1), or 44
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Part 2 Registration of combatants and industry participants
(b) the applicant is a controlled member of a declared organisation under the 1
Crimes (Criminal Organisations Control) Act 2012, or 2
Note. Controlled members are prohibited from applying for registration--see 3
section 27 of the Crimes (Criminal Organisations Control) Act 2012. 4
(c) an adverse security determination has been made by the Commissioner of 5
Police about the applicant, or 6
(d) in any other circumstances prescribed by the regulations for the purposes of 7
this section. 8
(3) Subsection (2) does not limit the grounds on which the Authority may refuse to 9
register an applicant as an industry participant or promoter of a specified registration 10
class. 11
(4) The Authority is not required to determine an application for registration if the 12
Authority is not satisfied as to the identity of the applicant for registration or if the 13
applicant fails, without reasonable excuse, to provide relevant information requested 14
by the Authority. 15
26 Security determinations 16
(1) Referral to Commissioner for security determination 17
The Authority must refer an application for registration as an industry participant in 18
a registration class applicable to a match-maker, manager or promoter, and any 19
relevant accompanying information, that is made in accordance with this Act to the 20
Commissioner of Police for an investigation and determination as to either or both of 21
the following: 22
(a) whether the applicant is a fit and proper person to be registered, 23
(b) whether it would be contrary to the public interest for the person to be 24
registered. 25
(2) On a referral under this section, the Commissioner is to inquire into and determine, 26
and report to the Authority on, the matters set out in the referral. 27
(3) The Commissioner is not required to make a determination under this section if the 28
Commissioner is not satisfied as to the identity of the applicant for registration. 29
(4) Determination by Commissioner 30
For the purpose of making a determination, the Commissioner may have regard to 31
any criminal intelligence report or other criminal information held in relation to the 32
applicant that: 33
(a) is relevant to the applicant's proposed role as a match-maker, manager or 34
promoter, or 35
(b) causes the Commissioner to conclude that improper conduct is likely to occur 36
if the applicant were registered, or 37
(c) causes the Commissioner not to have confidence that improper conduct will 38
not occur if the applicant were registered. 39
(5) For the purpose of making a determination, and without limitation, the 40
Commissioner may consider the following: 41
(a) information relating to spent convictions, despite anything to the contrary in 42
the Criminal Records Act 1991, 43
(b) information relating to criminal charges, whether or not heard, proven, 44
dismissed, withdrawn or discharged, 45
(c) information relating to offences, despite anything to the contrary in 46
section 579 of the Crimes Act 1900. 47
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27 Conditions of registration 1
(1) The Authority may, on registration of an industry participant or promoter or at any 2
later time, impose conditions on the registration. 3
(2) The regulations may provide that specified conditions may or must be imposed by 4
the Authority on the registration of an industry participant or promoter or a class of 5
industry participants or promoters. 6
(3) The Authority may at any time revoke a condition or vary a condition of registration 7
(other than a condition required by the regulations to be imposed). 8
(4) This section does not limit any other power of the Authority under this Act to impose 9
conditions on registration. 10
28 Duration of registration 11
(1) The registration of an industry participant or promoter ceases to have effect 3 years 12
after the date it is granted, unless it is sooner cancelled or the term of registration is 13
extended or reduced under this Act. 14
(2) The Authority may, at any time, extend the term of registration of an industry 15
participant or promoter of a registration class for the purpose of having all classes of 16
registration of the person expire at the same time. 17
29 Register of industry participants and promoters 18
(1) The Authority must keep a register of industry participants and promoters. 19
(2) The register must contain the following: 20
(a) the name, address and date of birth of each registered industry participant or 21
promoter, 22
(b) any other name by which the industry participant or promoter is or has been 23
known, if not the same as the industry participant's or promoter's name, 24
(c) a contact telephone number or email contact details for each registered 25
industry participant or promoter, 26
(d) the registration class or classes of each industry participant or promoter, 27
particulars of any conditions to which each registration is subject and the 28
period of each registration, 29
(e) particulars of any suspension or cancellation of registration or registration 30
pre-condition imposed, 31
(f) any other information or documents prescribed by the regulations or that the 32
Authority thinks appropriate. 33
(3) The register is to be maintained in the manner and form approved by the Authority. 34
(4) The Authority must ensure that information kept on the register is accurate and 35
up-to-date. 36
(5) The regulations may make provision for or with respect to the circumstances in 37
which information on the register is to be made available. 38
(6) It is a condition of the registration of an industry participant or promoter that the 39
person must notify the Authority in writing of any change in the person's name, 40
address or registered contact details not later than 14 days after the change occurs. 41
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Division 4 Disciplinary and other provisions 1
30 Grounds for disciplinary action 2
(1) The grounds on which disciplinary action may be taken against a registered 3
combatant, industry participant or promoter are as follows: 4
(a) the person has contravened, or the Authority has reasonable grounds to believe 5
that the person is likely to contravene, a provision of this Act, the regulations 6
or the rules, 7
(b) the person has contravened a law of another State or a Territory and the 8
contravention would, if it had occurred in New South Wales, be a 9
contravention of this Act, the regulations or the rules, 10
(c) the person has contravened, or the Authority has reasonable grounds to believe 11
that the person is likely to contravene, a condition of the person's registration 12
or of a permit under this Act held by the person, 13
(d) the person is not a fit and proper person to be registered. 14
(2) The regulations may specify other circumstances in which the Authority may take 15
disciplinary action under this Division. 16
31 Notice to show cause why disciplinary action should not be taken 17
(1) The Authority must, before taking disciplinary action against a registered combatant, 18
industry participant or promoter, give the person a show cause notice and consider 19
any response by the person within the period specified in the notice. 20
(2) A show cause notice must: 21
(a) specify the grounds on which disciplinary action is proposed to be taken 22
against the person and specify the proposed action, and 23
(b) invite the person to give reasons to the Authority, within the period specified 24
in the notice (being a period of not less than 14 days after the notice is given), 25
as to why disciplinary action of the kind specified in the notice should not be 26
taken, and 27
(c) specify the date and time of a meeting of the Authority at which the person 28
may also attend and respond to the notice, and 29
(d) advise the person that the person may be represented at the meeting by a legal 30
practitioner or other person, and 31
(e) advise the person that it is an offence to provide false or misleading 32
information in response to the notice. 33
(3) The Authority must ensure that the show cause notice does not, in specifying the 34
grounds on which disciplinary action is proposed to be taken or otherwise, disclose 35
the existence or content of any criminal intelligence report or other criminal 36
information without the approval of the Commissioner of Police. 37
(4) A person who is given a notice under this section may respond to the notice in writing 38
or at a meeting of the Authority or in both ways. 39
(5) The Authority is to determine, after the end of the period specified in the show cause 40
notice, whether or not to take disciplinary action against the person given the notice. 41
32 Suspension during show cause process 42
The Authority may, by notice in writing to a person who is given a show cause notice, 43
suspend the registration of the person under this Act until the Authority determines 44
whether or not to take further disciplinary action at the end of the period specified in 45
the show cause notice. 46
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Part 2 Registration of combatants and industry participants
33 Disciplinary action may be taken 1
(1) The Authority may take disciplinary action against a registered combatant, industry 2
participant or promoter if the Authority is of the opinion that there are grounds on 3
which the action may be taken and the person has not, within the period specified in 4
the show cause notice, shown sufficient reasons why the action should not be taken. 5
(2) The following actions are disciplinary actions: 6
(a) cancellation of registration, 7
(b) suspension of registration, 8
(c) reducing the period of registration or imposing or varying a condition on 9
registration, 10
(d) giving a written caution. 11
(3) The Authority may take disciplinary action against a person whether or not the 12
person has been convicted of an offence for a contravention of this Act or the 13
regulations or the law concerned. 14
(4) The Authority is not limited to taking the disciplinary action specified in the show 15
cause notice. 16
(5) A disciplinary action takes effect when notice in writing of the action is given to the 17
person subject to the action or on a later day specified in the notice. 18
34 Cancellation of registration on security grounds 19
(1) The Authority must cancel the registration of a person registered as a match-maker, 20
manager or promoter if the Commissioner of Police advises the Authority of an 21
adverse security determination about the person. 22
(2) The Authority must cancel the registration of a person if the Authority becomes 23
aware that the person is a controlled member of a declared organisation under the 24
Crimes (Criminal Organisations Control) Act 2012. 25
(3) The Commissioner may, at the Commissioner's discretion or at the request of the 26
Authority, investigate and determine either or both of the following: 27
(a) whether a registered match-maker, manager or promoter is a fit and proper 28
person to continue to be registered, 29
(b) whether it would be contrary to the public interest for the person to continue 30
to be registered. 31
(4) On a request under this section, the Commissioner is to inquire into and determine, 32
and report to the Authority on, the matters set out in the request. 33
(5) Section 26 (3)-(5) apply to a determination under this section about a registered 34
person in the same way as they apply to a determination under that section about an 35
applicant for registration. 36
(6) The Authority is not required to give a show cause notice to a person before taking 37
action under this section. 38
35 Conditions on suspension or cancellation 39
(1) The Authority may suspend registration under this Division: 40
(a) for a specified period or indefinitely, or 41
(b) until specified conditions are met by the registered person. 42
(2) The Authority may specify a registration pre-condition with respect to a person 43
whose registration is cancelled. 44
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Part 2 Registration of combatants and industry participants
(3) The Authority may at any time revoke or vary a condition imposed on a suspension 1
under this Division or as a registration pre-condition. 2
36 Effect of suspension 3
(1) A person must not engage in a combat sport contest as a combatant while the person's 4
registration as a combatant of the registration class applicable to that contest is 5
suspended. 6
Maximum penalty: 7
(a) if the suspension was on health or safety grounds under Division 2 of Part 4-- 8
50 penalty units, or 9
(b) in any other case--80 penalty units, or 6 months imprisonment, or both. 10
(2) A person must not carry out an activity as an industry participant while the person's 11
registration as an industry participant of a registration class applicable to that activity 12
is suspended. 13
Maximum penalty: 80 penalty units, or 6 months imprisonment, or both. 14
(3) A person must not arrange a combat sport contest while the person's registration as 15
a promoter of the registration class applicable to that contest is suspended. 16
Maximum penalty: 160 penalty units, or 6 months imprisonment, or both. 17
(4) A person must not hold a combat sport contest if the person's registration as a 18
promoter of the registration class applicable to that contest is suspended. 19
Maximum penalty: 500 penalty units, or 12 months imprisonment, or both. 20
37 Surrender of registration 21
(1) A registered combatant, industry participant or promoter may, at any time, notify the 22
Authority that the combatant, industry participant or promoter wishes to surrender 23
the registration. 24
(2) The Authority must cancel the registration on receiving the notice. 25
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Combat Sports Bill 2013 [NSW]
Part 3 Regulation of combat sport contests
Part 3 Regulation of combat sport contests 1
Division 1 Permits to hold combat sport contests 2
38 Application of Division 3
This Division applies to a combat sport contest that consists of: 4
(a) a single combat sport contest, or 5
(b) 2 or more combat sport contests, if the contests are held on the one occasion 6
and at the same venue. 7
39 Requirement for permit to hold particular combat sport contest 8
(1) An individual must not hold a combat sport contest unless the person is the holder of 9
a permit to promote the contest. 10
Maximum penalty: 360 penalty units or 12 months imprisonment, or both. 11
Note. The person is also required to be registered as a promoter of the relevant registration 12
class to obtain a permit (see section 41). 13
(2) A corporation must not hold a combat sport contest. 14
Maximum penalty: 720 penalty units. 15
(3) Subsection (2) does not apply to a corporation in respect of a combat sport contest if: 16
(a) the contest is held by an officer or employee of the corporation, and 17
(b) the officer or employee is registered as a promoter for the registration class 18
applicable to that contest. 19
(4) This section does not apply to a person who merely provides or controls premises at 20
which a combat sport contest is held. 21
(5) This section does not apply to the following activities of an approved amateur body: 22
(a) the approval of an amateur combat sport contest, 23
(b) arranging for a judge, referee, timekeeper or combat sport inspector to 24
officiate at or attend an amateur combat sport contest, 25
(c) acting as a match-maker for an amateur combat sport contest. 26
40 Application for permit 27
(1) An individual may apply to the Authority for a permit to hold a combat sport contest. 28
(2) An application must: 29
(a) be in the approved form, and 30
(b) be accompanied by any other information required by the Authority, and 31
(c) be made not less than 28 days before the date of the proposed combat sport 32
contest or within such lesser period as the Authority may approve in a 33
particular case. 34
(3) The regulations may prescribe the fee payable for an application and the manner in 35
which it is to be paid. 36
41 Determination of application 37
(1) The Authority may grant a permit to hold a combat sport contest if the Authority is 38
satisfied of the following: 39
(a) that the application is made in accordance with this Division and any 40
application fee has been paid, 41
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Combat Sports Bill 2013 [NSW]
Part 3 Regulation of combat sport contests
(b) that the applicant is a registered promoter of a registration class applicable to 1
the contest, 2
(c) in the case of an amateur combat sport contest, that the contest has been 3
approved by an applicable approved amateur body, 4
(d) as to any other matter prescribed by the regulations for the purposes of this 5
section. 6
(2) The Authority must refuse to grant a permit for a combat sport contest: 7
(a) if it is not satisfied of the matters specified in subsection (1), or 8
(b) if the Commissioner of Police has advised the Authority that there is a risk to 9
public health or safety or a risk of substantial damage to property if the contest 10
were held, or 11
(c) in any other circumstances prescribed by the regulations for the purposes of 12
this section. 13
(3) Subsection (2) does not limit the grounds on which the Authority may refuse to grant 14
a permit. 15
(4) For the purpose of giving advice under this section, the Commissioner of Police may 16
consider a criminal intelligence report, other criminal information or any other matter 17
the Commissioner thinks fit. 18
42 Conditions of permit 19
(1) The Authority may, on granting a permit to hold a combat sport contest or at any time 20
before the contest, impose conditions on the permit. 21
(2) The regulations may provide that specified conditions may or must be imposed by 22
the Authority on a permit granted to a promoter or class of promoters. 23
(3) The Authority may at any time revoke a condition or vary a condition of a permit 24
(other than a condition required by the regulations to be imposed). 25
43 Notification to police of permits 26
The Authority must, as soon as practicable after granting a permit to hold a combat 27
sport contest, cause the Commissioner of Police to be notified in writing of the date, 28
time and venue of the contest. 29
44 Revocation of permits by Authority 30
(1) The Authority may, at any time before a combat sport contest is held, revoke the 31
permit to hold the contest. 32
(2) The Authority must not revoke a permit to hold a combat sport contest within 33
24 hours before the scheduled start of the contest unless it is satisfied that special 34
circumstances exist warranting that action. 35
(3) The Authority must notify the Commissioner of Police in writing of any decision to 36
revoke a permit to hold a combat sport contest. 37
(4) The Authority must notify the Minister in writing of any decision to revoke a permit 38
to hold a combat sport contest within 24 hours before the scheduled start of the 39
contest and must specify the special circumstances that warranted the action. 40
(5) The regulations may specify the special circumstances in which a permit to hold a 41
combat sport contest may be revoked within 24 hours before the scheduled start of 42
the contest. 43
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Combat Sports Bill 2013 [NSW]
Part 3 Regulation of combat sport contests
45 Revocation of permits by police 1
(1) A police officer of the rank of Assistant Commissioner or above may, at any time 2
before a combat sport contest is held, revoke the permit to hold the contest if the 3
officer is satisfied that, if the contest were held, there would be a risk: 4
(a) to public health or safety, or 5
(b) of substantial damage to property. 6
(2) A police officer must, as soon as practicable after revoking a permit to hold a combat 7
sport contest, notify the Authority of the decision to revoke the permit. 8
(3) For the purpose of determining whether to take action under this section, a police 9
officer may consider a criminal intelligence report, other criminal information or any 10
other matter the police officer thinks fit. 11
Division 2 General conduct of combat sport contests 12
46 Conduct of combat sport contests 13
(1) The regulations may make provision for or with respect to the conduct of combat 14
sport contests, and (without limitation) for or with respect to the health or safety of 15
combatants who are, will be or intend to be engaged in contests. 16
(2) Without limiting subsection (1), the regulations may make provision for or with 17
respect to the following: 18
(a) the attendance of a combat sport inspector or other persons at a weigh-in for a 19
combat sport contest, 20
(b) the recording of a combatant's particulars at a weigh-in for a contest, 21
(c) the provision of serological clearances at or before a contest, 22
(d) the attendance of a combat sport inspector or other persons at a contest, 23
(e) the functions of an approved amateur body in relation to amateur combat sport 24
contests or weigh-ins for amateur combat sport contests. 25
47 Combat sport contests prohibited at certain places 26
A person must not hold a combat sport contest, or a combat sport contest of a class 27
prescribed by the regulations, at: 28
(a) a place prescribed by the regulations for the purposes of this section, or 29
(b) a place of a class or description prescribed by the regulations for the purposes 30
of this section. 31
Maximum penalty: 32
(a) in the case of a corporation--1,000 penalty units, or 33
(b) in the case of an individual--500 penalty units or 12 months imprisonment, 34
or both. 35
48 Promoter and match-maker must ensure eligibility of combatants and industry 36
participants 37
(1) The promoter of a combat sport contest must ensure that each combatant and industry 38
participant involved in the contest has the applicable registration for the contest, or 39
is exempt from that requirement under this Act. 40
(2) Any match-maker for a combat sport contest must ensure that each combatant 41
involved in the contest has the applicable registration for the contest, or is exempt 42
from that requirement under this Act. 43
Maximum penalty: 80 penalty units, or 6 months imprisonment, or both. 44
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Part 3 Regulation of combat sport contests
49 Requirement for current serological clearances 1
(1) The promoter of a combat sport contest must not permit a combatant to engage in the 2
contest unless the combatant has a current serological clearance. 3
Maximum penalty: 500 penalty units or 12 months imprisonment, or both. 4
(2) A combatant must not engage in a combat sport contest unless the combatant has a 5
current serological clearance. 6
Maximum penalty: 80 penalty units, or 6 months imprisonment, or both. 7
50 Unfit combatant not to engage in contests or sparring 8
(1) A combatant must not engage in a combat sport contest or sparring in the following 9
circumstances: 10
(a) if a medical practitioner certifies under this Part that, in the opinion of the 11
medical practitioner, the combatant is not medically fit to engage in that 12
contest or sparring and the combatant is so notified, 13
(b) if a medical practitioner certifies (under this Part or otherwise) that the 14
combatant should not engage in a contest or sparring before a specified date, 15
the combatant is so notified and the contest or sparring is held before that date. 16
Maximum penalty: 50 penalty units. 17
(2) This section does not apply in respect of a matter certified by a medical practitioner 18
(other than an attending medical practitioner) to the extent that the Authority, on the 19
advice or recommendation of a medical practitioner or after considering the report of 20
a medical practitioner, directs that it is not to apply. 21
51 Obligation of promoter--unfit combatant 22
(1) The promoter of a combat sport contest must not permit a combatant to engage in that 23
contest if a medical practitioner certifies under this Part that, in the opinion of the 24
medical practitioner, the combatant is not medically fit to engage in the contest. 25
Maximum penalty: 500 penalty units or imprisonment for 12 months, or both. 26
(2) This section does not apply in respect of a matter certified by a medical practitioner 27
(other than an attending medical practitioner) to the extent that the Authority, on the 28
advice or recommendation of a medical practitioner or after considering the report of 29
a medical practitioner, directs that it is not to apply. 30
52 Obligation of promoter--protective clothing and equipment 31
The promoter of a combat sport contest must ensure that each combatant complies 32
with any requirements of the regulations or rules relating to the wearing or use of 33
protective clothing or equipment. 34
Maximum penalty: 160 penalty units. 35
53 Obligation of promoter--attending medical practitioner 36
The promoter of a combat sport contest must ensure that a medical practitioner is 37
present at or before the contest for the purposes of exercising the functions of an 38
attending medical practitioner. 39
Maximum penalty: 500 penalty units or 12 months imprisonment, or both. 40
54 Obligation of promoter--notice of injury or death 41
The promoter of a combat sport contest who becomes aware that a combatant has 42
died or been admitted to hospital within 48 hours of the contest must, as soon as 43
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Combat Sports Bill 2013 [NSW]
Part 3 Regulation of combat sport contests
practicable after becoming aware of the death or admission, notify the Authority in 1
writing of the death or place of admission and the date of the death or admission. 2
Maximum penalty: 80 penalty units, or 6 months imprisonment, or both. 3
55 Unauthorised entry into contest area 4
A person must not, without reasonable excuse, enter or remain in or on the contest 5
area during, or at any time until 1 hour after, a combat sport contest, unless the 6
person: 7
(a) is a combatant in the contest, or 8
(b) is engaged in the control or management of the contest, or 9
(c) is a combat sport inspector, or 10
(d) is a police officer, or 11
(e) is a medical practitioner acting in that capacity, or 12
(f) is authorised to do so by the Authority, the promoter of the contest or a 13
representative of the owner or occupier of the venue of the contest, or 14
(g) in the case of an amateur combat sport contest, is authorised to do so by an 15
approved amateur body for the combat sport. 16
Maximum penalty: 50 penalty units. 17
56 Records of professional combat sport contest results 18
It is the duty of the combat sport inspector present at a professional combat sport 19
contest to record the result of the contest in the approved form and to provide the 20
record to the Authority as soon as practicable. 21
Division 3 Medical examinations of combatants 22
57 Functions of medical practitioner 23
(1) The pre-contest medical examination functions of a medical practitioner in relation 24
to a combatant in a proposed combat sport contest are as follows: 25
(a) to conduct such an examination of the combatant as is prescribed by the 26
regulations, 27
(b) to record the particulars prescribed by the regulations in the combatant's 28
medical record book, 29
(c) to provide those particulars to any person, and in the manner, prescribed by the 30
regulations, 31
(d) to certify in the combatant's medical record book whether or not, in the 32
opinion of the medical practitioner, the combatant is medically fit to engage in 33
the contest, 34
(e) if the medical practitioner certifies that the combatant is not medically fit to 35
engage in the contest and considers it to be in the interests of the health or 36
safety of the combatant to do so--to certify in the combatant's medical record 37
book that, in the opinion of the medical practitioner, the combatant should not 38
engage in any combat sport contest or sparring before a specified date, 39
(f) without delay, to notify the combatant and, if the examination was carried out 40
immediately before the contest, any combat sport inspector present of the 41
matters as to which the medical practitioner has certified under this section. 42
(2) An attending medical practitioner must certify under subsection (1) that the 43
combatant is medically unfit to engage in the contest if the combatant does not have 44
a current serological clearance. 45
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Part 3 Regulation of combat sport contests
(3) The post-contest medical examination functions of an attending medical 1
practitioner in relation to a combatant who has engaged in a combat sport contest are 2
as follows: 3
(a) to conduct such examination of the combatant as is prescribed by the 4
regulations, 5
(b) to record the particulars prescribed by the regulations in the combatant's 6
medical record book, 7
(c) to provide those particulars to any person, and in the manner, prescribed by the 8
regulations, 9
(d) if the medical practitioner considers it to be in the interests of the health or 10
safety of the combatant to do so--to certify in the combatant's medical record 11
book that, in the opinion of the medical practitioner, the combatant should not 12
engage in any contest or sparring before a specified date, 13
(e) without delay, if the medical practitioner certifies that the combatant should 14
not engage in any combat sport contest or sparring before a specified date, 15
notify the combatant and any combat sport inspector present of the matters as 16
to which the medical practitioner has certified. 17
58 Pre-contest medical examination 18
(1) A combatant must not engage in a combat sport contest unless the combatant has, on 19
the day of the contest, been examined by a medical practitioner exercising the 20
pre-contest medical examination functions in relation to the combatant. 21
Maximum penalty: 10 penalty units. 22
(2) The promoter of a combat sport contest must not permit a combatant to engage in the 23
contest unless: 24
(a) the combatant has complied with this section, and 25
(b) the promoter is satisfied that the attending medical practitioner has sighted the 26
medical record book of the combatant. 27
Maximum penalty: 500 penalty units or 12 months imprisonment, or both. 28
59 Post-contest medical examination 29
(1) A combatant must, immediately on the conclusion of a combat sport contest in which 30
the combatant has been a contestant, permit an attending medical practitioner to 31
exercise the post-contest medical examination functions in relation to the combatant. 32
Maximum penalty: 10 penalty units. 33
(2) This section does not apply if the combatant is rendered unconscious or is otherwise 34
unable to comply with this section for medical reasons. 35
60 Obligation of promoter--combatant rendered unconscious or unable to submit to 36
medical examination 37
If a combatant who engages in a combat sport contest is rendered unconscious or 38
otherwise appears to the promoter of the contest to be unable to submit to a medical 39
examination on the conclusion of the contest, the promoter must without delay 40
arrange for a medical practitioner to exercise, in relation to the combatant: 41
(a) the post-contest medical examination functions, and 42
(b) such other functions as may be necessary in the circumstances of the case. 43
Maximum penalty: 500 penalty units or 12 months imprisonment, or both. 44
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Part 3 Regulation of combat sport contests
61 Medical examinations directed by Authority 1
(1) Direction to submit to medical examination by medical practitioner 2
The Authority may, by notice in writing served on a combatant, direct the combatant 3
to submit to a medical examination by a specified medical practitioner on or before 4
a specified date. 5
(2) Direction to submit to examination or investigation by qualified person on 6
recommendation of medical practitioner 7
The Authority, on the recommendation of a medical practitioner, may, by notice in 8
writing served on a combatant, direct the combatant to submit to an examination or 9
investigation by a qualified person on or before a specified date to determine any 10
particular matter or thing concerning the combatant's health or safety. 11
(3) One or more directions may be given 12
A notice under this section may give directions in relation to one or more 13
examinations or investigations by one or more medical practitioners or other 14
qualified persons. 15
(4) Combatant to comply with direction 16
A combatant who is given a notice under this section must not (except as may be 17
permitted by the notice) engage in a combat sport contest unless the combatant has 18
complied with the direction or directions given by the notice. 19
Maximum penalty: 50 penalty units. 20
(5) Authority authorised to make request to medical practitioner 21
The Authority may request a medical practitioner referred to in this section to 22
exercise (in relation to the combatant) any of the following functions: 23
(a) the pre-contest medical examination functions, 24
(b) any other functions relating to the health or safety of the combatant that the 25
Authority specifies in its request. 26
(6) Authority authorised to make request to qualified person 27
The Authority may request a qualified person to conduct a specified examination or 28
investigation of the combatant and to report to the Authority concerning any such 29
examination or investigation. 30
(7) Meaning of qualified person 31
A reference in this section to a qualified person is a reference to a person who is 32
suitably qualified, in the opinion of the Authority, to determine a particular matter or 33
thing. A qualified person may but need not be a medical practitioner. 34
Division 4 Directions not to hold contests and ending of contests 35
62 Direction not to hold or participate in combat sport contest 36
(1) The Authority or a combat sport inspector may, at or after the weigh-in for a combat 37
sport contest, direct a person not to hold the contest if the Authority or inspector is of 38
the opinion that there is likely to be a contravention of this Act, the regulations or 39
rules if the contest is held. 40
(2) A police officer who is attending a combat sport contest may direct a person not to 41
hold the contest if the police officer is satisfied that there is a risk to public health or 42
safety or a risk of substantial damage to property if the contest is held. 43
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Part 3 Regulation of combat sport contests
(3) A person who gives a direction under this section may also direct a person to do any 1
of the following: 2
(a) not to act as an industry participant in relation to the combat sport contest, 3
(b) not to participate as a combatant in the contest. 4
(4) A direction under this section may be given orally or by notice in writing. 5
(5) The Authority must notify the Minister in writing of a direction given under this 6
section and of the reasons for giving the direction. 7
(6) A person subject to a direction under this section must not, without reasonable 8
excuse, fail to comply with the direction. 9
Maximum penalty: 10
(a) in the case of a direction under subsection (1) or (2)--500 penalty units, or 11
12 months imprisonment, or both, or 12
(b) in the case of a direction under subsection (3)--80 penalty units, or 6 months 13
imprisonment, or both. 14
(7) The regulations may limit the circumstances in which a direction may be given under 15
this section. 16
63 Direction by attending medical practitioner to stop contest 17
The attending medical practitioner must direct the referee to stop a combat sport 18
contest (where the referee has not already done so) if, in the opinion of the medical 19
practitioner, a combatant is exhausted or injured to such an extent as to be unable to 20
defend himself or herself or to continue the contest. 21
64 Direction by combat sport inspector to stop contest 22
A combat sport inspector present at a combat sport contest must direct the referee to 23
stop the contest (where the referee has not already done so): 24
(a) if, in the inspector's opinion, a combatant is exhausted or injured to such an 25
extent as to be unable to defend himself or herself or to continue the contest, or 26
(b) if a disruption occurs of such a kind that, in the inspector's opinion, warrants 27
stopping the contest, or 28
(c) in circumstances specified by the rules or prescribed by the regulations for the 29
purposes of this section. 30
65 Direction by police officer to stop contest 31
A police officer present at a combat sport contest may direct the referee to stop the 32
contest if, in the police officer's opinion, there is a risk to public health or safety or 33
of substantial damage to property if the contest were to continue. 34
66 Referee's duty to stop contest 35
(1) The referee must stop a combat sport contest: 36
(a) if, in the referee's opinion, a combatant is exhausted or injured to such an 37
extent as to be unable to defend himself or herself or to continue the contest, or 38
(b) if a disruption occurs of such a kind as, in the referee's opinion, warrants 39
stopping the contest, or 40
(c) in circumstances of a kind specified by the rules or prescribed by the 41
regulations for the purposes of this section. 42
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Combat Sports Bill 2013 [NSW]
Part 3 Regulation of combat sport contests
(2) The referee must stop a combat sport contest immediately after being directed under 1
this Part to stop the contest by the attending medical practitioner or a combat sport 2
inspector or police officer. 3
Maximum penalty: 500 penalty units or 12 months imprisonment, or both. 4
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Combat Sports Bill 2013 [NSW]
Part 4 Prohibition orders
Part 4 Prohibition orders 1
Division 1 Procedure before orders are made 2
67 Notice to show cause why order should not be made 3
(1) The Authority must, before making a prohibition order against a person, give the 4
person a show cause notice and consider any response by the person within the period 5
specified in the notice. 6
(2) A show cause notice must: 7
(a) specify the grounds on which the order is proposed to be made and specify the 8
proposed terms of the order, and 9
(b) invite the person to give reasons to the Authority, within the period specified 10
in the notice (being a period of not less than 14 days after the notice is given), 11
as to why the order should not be made, and 12
(c) specify the date and time of a meeting of the Authority at which the person 13
may also attend and respond to the notice, and 14
(d) advise the person that the person may be represented at the meeting by a legal 15
practitioner or other person, and 16
(e) advise the person that it is an offence to provide false or misleading 17
information in response to the notice, and 18
(f) if the proposed order is a health and safety prohibition order, suspend any 19
registration of the person as a combatant from the giving of the notice until the 20
Authority determines whether or not to make the prohibition order. 21
(3) The Authority must ensure that the show cause notice does not, in specifying the 22
grounds on which an order is proposed to be made or otherwise, disclose the 23
existence or content of any criminal intelligence report or other criminal information 24
without the approval of the Commissioner of Police. 25
(4) A person who is given a notice under this section may respond to the notice in writing 26
or at a meeting of the Authority or in both ways. 27
(5) A notice under this section may be combined with a notice relating to proposed 28
disciplinary action given under section 31. 29
(6) The Authority is to determine, after the end of the period specified in the show cause 30
notice, whether or not to make the prohibition order. 31
68 Consultation required for licensed premises 32
The Authority must not give a person a show cause notice for a proposed general 33
prohibition order in respect of premises licensed under the Liquor Act 2007 unless 34
the Authority has first consulted the Director-General of the Department of Trade 35
and Investment. 36
69 No contest or sparring where health and safety show cause notice 37
A person who is subject to a show cause notice relating to a proposed health and 38
safety prohibition order must not, without reasonable excuse, engage in a combat 39
sport contest or sparring during the period after the notice is given and before the 40
Authority determines whether or not to make the health and safety prohibition order. 41
Maximum penalty: 50 penalty units. 42
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Part 4 Prohibition orders
Division 2 Health and safety prohibition orders 1
70 Health and safety prohibition orders 2
A health and safety prohibition order is an order made by the Authority that 3
prohibits a person from participating as a combatant in all combat sport contests and 4
all sparring. 5
71 Authority may make health and safety prohibition orders 6
(1) The Authority may make a health and safety prohibition order against a person if the 7
Authority is of the opinion that: 8
(a) it is in the interests of the health or safety of the person to do so, and 9
(b) the person has not, within the period specified in the show cause notice, shown 10
sufficient reasons why the order should not be made. 11
(2) A health and safety prohibition order takes effect when notice in writing of the order 12
is given to the prohibited person. 13
(3) A health and safety prohibition order may be made against a person whether or not 14
that person is registered under this Act and whether or not disciplinary action has 15
been taken against the person. 16
(4) A health and safety prohibition order ceases to have effect: 17
(a) if the order is revoked, or 18
(b) at the end of the term (if any) specified in the order or in the circumstances (if 19
any) specified in the order. 20
(5) The Authority may, by notice in writing to the prohibited person, at any time vary or 21
revoke a health and safety prohibition order. 22
(6) A person must not contravene a health and safety prohibition order. 23
Maximum penalty: 50 penalty units. 24
72 Effect of health and safety prohibition order on registration 25
(1) The registration as a combatant of a prohibited person subject to a health and safety 26
prohibition order: 27
(a) is cancelled, if the order is made for an indefinite term or for a term that ends 28
after the end of the current term of the person's registration as a combatant, or 29
(b) is suspended for the term of the order, if the order is made for a term that 30
expires before the end of the current term of the person's registration as a 31
combatant. 32
Note. It is an offence under this Act to engage in a combat sport contest while unregistered or 33
while registration as a combatant is suspended (see sections 9 and 36). 34
(2) The cancellation of the registration of a person as a combatant by this section ceases 35
to have effect, and the registration is restored for the remainder of its original term, 36
if the health and safety prohibition order that caused the cancellation is revoked 37
before the expiry of that original term. 38
73 Review of health and safety prohibition orders 39
(1) A prohibited person under a health and safety prohibition order may at any time 40
apply to the Authority for a review of the order. 41
(2) The Authority may review any evidence or other material provided by the prohibited 42
person and may refuse the application or vary or revoke the order. 43
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Combat Sports Bill 2013 [NSW]
Part 4 Prohibition orders
(3) The procedures for a review under this section are to be as determined by the 1
Authority. 2
Division 3 General prohibition orders 3
74 General prohibition orders 4
A general prohibition order is an order made by the Authority that prohibits a person 5
from doing any or all of the following as specified in the order: 6
(a) engaging in combat sport contests or sparring, 7
(b) arranging or holding combat sport contests, 8
(c) engaging in or being employed in any profession, occupation or business, 9
whether on a full-time, part-time or casual basis and whether or not the person 10
receives payment or other consideration, in relation to combat sport, 11
(d) permitting, on premises controlled by the person, a promoter to hold a combat 12
sport contest or a weigh-in, for a period of not more than 2 years, 13
(e) attending any premises at which a combat sport contest or weigh-in is being 14
held or is to be held within a specified period of the day when the contest is or 15
is to be held, 16
(f) attending specified premises where training for any combat sport is conducted, 17
whether generally or during particular periods. 18
75 Authority may make general prohibition orders 19
(1) The Authority may make a general prohibition order against a person (other than an 20
order referred to in subsection (2)) if the Authority is of the opinion that: 21
(a) there are grounds for taking disciplinary action against the person under 22
Division 4 of Part 2 (including under section 34) or that such grounds would 23
exist if the person were a registered person, and 24
(b) the person has not, within the period specified in the show cause notice, shown 25
sufficient reasons why the order should not be made. 26
(2) The Authority may make a general prohibition order against a person prohibiting the 27
person from permitting, on premises controlled by the person, the holding of a 28
combat sport contest or a weigh-in if the Authority is of the opinion that: 29
(a) the prohibited person has previously permitted a person to hold a contest 30
without a permit on such premises, and 31
(b) the Authority warned the prohibited person after the previous occasion that 32
any future acts of that kind could result in a prohibition order, and 33
(c) the prohibited person has subsequently permitted, or intends to permit, a 34
person to hold a contest without a permit on such premises, and 35
(d) the prohibited person has not, within the period specified in the show cause 36
notice, shown sufficient reasons why the order should not be made. 37
(3) The Authority is not limited to making a prohibition order in the same terms as are 38
specified in the show cause notice. 39
(4) A general prohibition order may be made against a person whether or not that person 40
is registered under this Act and whether or not disciplinary action has been taken 41
against that person. 42
(5) A general prohibition order takes effect when notice in writing of the order is given 43
to the prohibited person or on any later day specified in the order. 44
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Combat Sports Bill 2013 [NSW]
Part 4 Prohibition orders
(6) A general prohibition order ceases to have effect: 1
(a) if the order is revoked, or 2
(b) at the end of the term (if any) specified in the order or in the circumstances (if 3
any) specified in the order. 4
(7) The Authority may at any time, by notice in writing to the prohibited person, vary or 5
revoke a general prohibition order. 6
(8) A person must not, without reasonable excuse, contravene an order made under this 7
section. 8
Maximum penalty: 9
(a) if an order prohibits a person from arranging a combat sport contest-- 10
160 penalty units or 6 months imprisonment, or both, or 11
(b) if an order prohibits a person from holding a combat sport contest-- 12
500 penalty units or 12 months imprisonment, or both, or 13
(c) for any other order--80 penalty units or 6 months imprisonment, or both. 14
76 Effect of general prohibition order on registration 15
(1) The registration of a prohibited person under a general prohibition order that 16
prohibits the person from carrying out an activity authorised by the registration: 17
(a) is cancelled, if the order is made for an indefinite term or for a term that ends 18
after the end of the current term of the person's registration, or 19
(b) is suspended for the term of the order, if the order is made for a term that 20
expires before the end of the current term of the person's registration. 21
Note. It is an offence under this Act to engage in an activity while unregistered or while 22
registration is suspended (see sections 9, 20 and 36). 23
(2) The cancellation of the registration of a person ceases to have effect, and the 24
registration is restored for the remainder of its original term, if the general prohibition 25
order that caused the cancellation is revoked before the expiry of that original term. 26
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Combat Sports Bill 2013 [NSW]
Part 5 Review by Administrative Decisions Tribunal
Part 5 Review by Administrative Decisions Tribunal 1
77 Review of decisions by Administrative Decisions Tribunal 2
(1) A person may apply to the Administrative Decisions Tribunal for a review of any of 3
the following decisions: 4
(a) a decision by the Minister under section 8 to approve or refuse to approve, or 5
to impose, vary or revoke conditions of an approval of, an approved amateur 6
body, 7
(b) a decision under section 13 to refuse to register the person as a combatant of a 8
specified registration class, 9
(c) a decision under section 14 to impose conditions on the registration of the 10
person as a combatant or to vary or revoke a condition, except where the 11
condition is imposed in the interests of the person's health or safety, 12
(d) a decision under section 25 to refuse to register the person as an industry 13
participant or promoter of a specified registration class, 14
(e) a decision under section 27 to impose conditions on the registration of the 15
person as an industry participant or promoter or to revoke or vary a condition, 16
(f) a decision under section 34 to cancel the registration of a person, 17
(g) a decision by the Authority to take disciplinary action under Division 4 of 18
Part 2 in respect of the person, 19
(h) a decision under section 41 to refuse to grant a permit to the person to hold a 20
combat sport contest, 21
(i) a decision under section 42 or 44 to impose conditions in respect of a permit 22
held by the person or to vary or revoke a condition of such a permit or to 23
revoke a permit, but only if the decision is made more than 24 hours before the 24
scheduled start of the combat sport contest concerned, 25
(j) a decision under Part 4 by the Authority to make, revoke or vary a general 26
prohibition order in respect of the person. 27
(2) The regulations may, with the concurrence of the Minister administering the 28
Administrative Decisions Tribunal Act 1997, provide for the review by the Tribunal 29
of a decision made, or the failure or refusal to make a decision, under this Act or the 30
regulations of a kind prescribed by the regulations. 31
(3) Despite any other provision of this section, a person may not apply to the Tribunal 32
for a review of the following decisions: 33
(a) a decision under section 13 to refuse to register the person as a combatant of a 34
specified registration class on the ground that it is not in the interests of the 35
health or safety of the person, 36
(b) a decision under section 13 to refuse to register the person as an amateur 37
combatant on the ground specified in section 16 (1), 38
(c) a decision under section 13 or 25 to refuse to register the person on the ground 39
that the person is a controlled member of a declared organisation under the 40
Crimes (Criminal Organisations Control) Act 2012. 41
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Combat Sports Bill 2013 [NSW]
Part 5 Review by Administrative Decisions Tribunal
78 Reviews of decisions based on security determinations or criminal intelligence 1
(1) In determining an application for a review of a decision that was made on the ground 2
of a determination made, or advice given, by the Commissioner of Police or another 3
police officer, the Administrative Decisions Tribunal (and any Appeal Panel of the 4
Tribunal in determining any appeal against such a review under the Administrative 5
Decisions Tribunal Act 1997): 6
(a) is to ensure that it does not, in the reasons for its decision or otherwise, disclose 7
the existence or content of any criminal intelligence report or other criminal 8
information without the approval of the Commissioner, and 9
(b) in order to prevent the disclosure of any such report or other criminal 10
information, is to receive evidence and hear argument in the absence of the 11
public, the applicant for review, the applicant's representative and any other 12
interested party, unless the Commissioner approves otherwise. 13
Note. Section 95 of this Act provides that the Commissioner of Police, another police officer 14
and the Authority are not, under this or any other Act or law, required to give any reasons in 15
connection with a determination or taking any other action under this Act if the giving of those 16
reasons would disclose the existence or content of any criminal intelligence report or other 17
criminal information. Accordingly, Part 2 of Chapter 5 of the Administrative Decisions Tribunal 18
Act 1997 does not apply to any decision based on such information to the extent that it would 19
require disclosure of the existence or content of any criminal intelligence report or other 20
criminal information. 21
(2) If the Tribunal considers that information identified in a determination made, or 22
advice given, by the Commissioner or another police officer as being from a criminal 23
intelligence report or other criminal information has not been properly identified as 24
such, the Tribunal must ask the Commissioner whether the Commissioner wishes to 25
withdraw the information from consideration by the Tribunal in its determination of 26
an application. 27
(3) Information that is withdrawn by the Commissioner must not be: 28
(a) disclosed to any person, or 29
(b) taken into consideration by the Tribunal in determining an application. 30
(4) If a decision was made by the Authority on the ground of a determination made, or 31
advice given, by the Commissioner or another police officer about the applicant for 32
review: 33
(a) the Commissioner (as well as the Authority) is to be a party to any proceedings 34
in the Tribunal for a review of the decision, and 35
(b) the Tribunal is to be provided with a copy of the report of the Commissioner's 36
determination or advice, and 37
(c) the Tribunal is not prevented from determining whether the Authority made 38
the correct and preferable decision regarding the application or the registration 39
concerned merely because of the determination or advice of the 40
Commissioner. 41
(5) In any proceedings for a review of a decision by the Commissioner of Police or a 42
police officer under this Act, the Commissioner is to be the respondent to the 43
proceedings and the Authority may be a party to the proceedings. 44
(6) Section 53 (Internal reviews) of the Administrative Decisions Tribunal Act 1997 does 45
not apply in relation to a decision referred to in subsection (1). 46
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Combat Sports Bill 2013 [NSW]
Part 6 Combat Sports Authority
Part 6 Combat Sports Authority 1
79 Constitution and status of Authority 2
(1) There is constituted by this Act a corporation with the corporate name of the Combat 3
Sports Authority of New South Wales. 4
(2) The Authority is, for the purposes of any Act, a NSW government agency. 5
(3) The Authority is subject to the direction and control of the Minister in the exercise of 6
its functions, except in relation to the contents of a report or recommendation made 7
by it to the Minister. 8
80 Members of Authority 9
(1) The Authority consists of the following members: 10
(a) a nominee of the Commissioner of Police approved by the Minister, 11
(b) not fewer than 4 and not more than 6 persons appointed by the Minister. 12
(2) Of the members appointed by the Minister: 13
(a) one is, in and by the instrument of appointment or another instrument made by 14
the Minister, to be appointed as Chairperson of the Authority, and 15
(b) one is to be a medical practitioner, and 16
(c) one is to be a person who is or has been a Judge of a court in Australia or has 17
been an Australian lawyer for at least 7 years. 18
(3) Schedule 1 contains provisions relating to the members and procedure of the 19
Authority. 20
81 Functions of Authority 21
(1) The Authority has the following functions: 22
(a) in accordance with this Act and the regulations, to supervise and regulate 23
professional and amateur combat sport in New South Wales, 24
(b) to advise the Minister on matters related to combat sports and this Act, 25
(c) to promote awareness of issues relating to combat sports. 26
(2) The Authority has such other functions as are conferred or imposed on it by or under 27
this or any other Act. 28
(3) The Authority may do all such supplemental, incidental or consequential acts as may 29
be necessary or expedient for the exercise of its functions. 30
82 Appointment of advisory committees 31
(1) The Authority may, with the approval of the Minister, appoint such advisory 32
committees as the Authority considers appropriate for the purposes of advising the 33
Authority for the purposes of this Act. 34
(2) An advisory committee has such functions as the Authority may from time to time 35
determine in respect of it. 36
(3) An advisory committee consists of such committee members appointed by the 37
Authority as the Authority thinks fit. 38
(4) An advisory committee member holds office for such period as is specified in the 39
instrument of appointment of the committee member, but any such appointment may 40
be terminated by the Authority at any time. 41
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Combat Sports Bill 2013 [NSW]
Part 6 Combat Sports Authority
(5) One of the advisory committee members, in and by the instrument by which the 1
committee member is appointed or another instrument made by the Authority, is to 2
be appointed as chairperson of the committee. 3
(6) An advisory committee member is entitled to be paid such fees and allowances (if 4
any) as the Minister may determine, from time to time, in respect of the committee 5
member. 6
(7) Subject to the regulations and any directions of the Authority, the procedure of an 7
advisory committee appointed under this section is to be as determined by the 8
advisory committee. 9
(8) The Authority may dissolve an advisory committee appointed under this section. 10
83 Requirement for legal member of Authority to be present 11
A member of the Authority who is or has been a Judge, or who has been an Australian 12
lawyer for at least 7 years, must be present at any meeting of the Authority where any 13
of the following decisions is made: 14
(a) a decision to take disciplinary action against a person, 15
(b) a decision to make a prohibition order, 16
(c) a decision to commence proceedings for an offence against this Act or the 17
regulations. 18
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Combat Sports Bill 2013 [NSW]
Part 7 Enforcement powers
Part 7 Enforcement powers 1
84 Appointment of combat sport inspectors and exercise of inspectorial powers by 2
others 3
(1) The Authority may, with the approval of the Director-General of the Department of 4
Education and Communities, appoint a Public Service employee to be a combat sport 5
inspector for the purposes of this Act. 6
(2) The Authority may appoint a class of persons nominated in writing by an approved 7
amateur body for a style of combat sport as combat sport inspectors for the purposes 8
of amateur combat sport contests for that style of combat sport. The appointment is 9
to be subject to any limitations specified by the Authority. 10
(3) The regulations may make provision for or with respect to authorising police officers 11
to exercise functions conferred or imposed on combat sport inspectors by or under 12
this Act, subject to any limitations specified in the regulations or in the authorisation. 13
A police officer so authorised is, subject to any such limitations, taken to be a combat 14
sport inspector. 15
(4) The Authority must not appoint a person who is a member of the Authority as a 16
combat sport inspector. 17
85 Functions of combat sport inspectors 18
(1) A combat sport inspector has such functions as are conferred or imposed on combat 19
sport inspectors by or under this Act, subject to any limitations specified under 20
section 84. 21
(2) Without limiting subsection (1), a combat sport inspector has the following 22
functions: 23
(a) to monitor, and report to the Authority on, the compliance of combatants, 24
promoters, industry participants and other persons with the requirements of 25
this Act, the regulations, the rules and any registration or permit granted under 26
this Act, 27
(b) to attend, in accordance with this Act and the regulations, combat sport 28
contests and weigh-ins for combat sport contests. 29
(3) A combat sport inspector may, not earlier than 24 hours before the scheduled start of 30
a combat sport contest, enter premises used or proposed to be used, or that the 31
inspector reasonably believes are used or proposed to be used, for the contest for the 32
purpose of monitoring compliance with the conditions of a permit issued in respect 33
of the contest. 34
(4) A combat sport inspector may also enter premises for the purpose of attending a 35
weigh-in for a combat sport contest. 36
(5) A combat sport inspector who enters premises under this section may: 37
(a) take photographs, film and audio, video and other recordings of any part of the 38
premises used or to be used for a combat sport contest or weigh-in or that are 39
set aside for the use of combatants, promoters or industry participants, and 40
(b) ask questions of the promoter, the combatants and any other industry 41
participant or other person involved in the contest or weigh-in, and 42
(c) inspect, make copies of, or take extracts from, any records or documents 43
relating to the contest or weigh-in. 44
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Combat Sports Bill 2013 [NSW]
Part 7 Enforcement powers
(6) A person who owns, occupies or is otherwise involved in the operation of premises 1
entered under this section is not, for the purposes of subsection (5) (b), involved in a 2
combat sport contest or weigh-in unless the person is a combatant or industry 3
participant. 4
86 Provision of information to Authority 5
(1) This section applies to the following matters: 6
(a) whether a person should be or continue to be registered under this Act, 7
(b) whether a permit should be granted or revoked under this Act, 8
(c) an application for approval of a body as an approved amateur body under this 9
Act, 10
(d) the investigation of whether a provision of this Act or the regulations or rules 11
or a condition of a registration or permit or approval under this Act has been 12
contravened, 13
(e) whether a prohibition order should be made, revoked or varied. 14
(2) A notice under this section may be given to any of the following persons: 15
(a) an applicant for registration or a permit, 16
(b) a combatant, industry participant or promoter, 17
(c) the holder of a permit, 18
(d) a person who provides or controls premises at which a combat sport contest or 19
sparring is held or proposed to be held, 20
(e) a medical practitioner or other person who exercises functions under this Act, 21
(f) a person who is the subject of a prohibition order or proposed prohibition 22
order, 23
(g) an approved amateur body or a body seeking approval as such a body, 24
(h) any other person the Authority has reasonable cause to believe may have 25
relevant information about a matter to which this section applies. 26
(3) The Authority may, by written notice given to a person, require the person within the 27
period specified in the notice (not being less than 14 days after the notice is given) to 28
do one or more of the following: 29
(a) provide, in accordance with directions in the notice, such information as, in the 30
opinion of the Authority, is relevant to a matter to which this section applies, 31
(b) produce, in accordance with directions in the notice, such records as, in the 32
opinion of the Authority, are relevant to any such matter and are specified in 33
the notice, 34
(c) permit the examination of any such records, the taking of extracts from them 35
and the making of copies of them, 36
(d) authorise a person described in the notice to comply with a requirement 37
specified in this section, 38
(e) furnish to the Authority such authorisations and consents as the Authority 39
requires for the purpose of obtaining information about any such matter 40
(including financial and other confidential information). 41
(4) A notice under this section must not require a medical practitioner or a qualified 42
person to disclose health information about a person unless the information relates to 43
the exercise by the medical practitioner or qualified person of functions under this 44
Act in relation to the person. 45
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Combat Sports Bill 2013 [NSW]
Part 7 Enforcement powers
(5) A notice given to a person under this section must warn the person that failure to 1
comply with the notice, without reasonable excuse, would constitute an offence. 2
(6) It is not an offence for a person to refuse to provide information or a document under 3
this section on the ground that the information or document might tend to incriminate 4
him or her, unless he or she was first given the warning in subsection (5). 5
(7) In this section: 6
health information has the same meaning as it has in the Health Records and 7
Information Privacy Act 2002. 8
qualified person has the same meaning as it has in section 61. 9
87 Abrogation of privilege against self-incrimination 10
(1) A person is not excused from providing information or a document under section 86 11
on the ground that the information or document may tend to incriminate the person 12
or expose the person to a penalty. 13
(2) Subsection (1) applies only if the information or document is required to be provided 14
for the purposes of an investigation of whether a provision of this Act or the 15
regulations or the rules has been contravened. 16
(3) However, the information or a document provided by an individual is not admissible 17
as evidence against that individual in civil or criminal proceedings other than 18
proceedings arising out of the false or misleading nature of the information or 19
document. 20
88 Provision of information to Commissioner of Police 21
The Commissioner of Police may for the purposes of determining whether or not to 22
make an adverse security determination about a person, by written notice given to 23
any person, require the person within the period specified in the notice (not being less 24
than 14 days after the notice is given) to do one or more of the following: 25
(a) provide, in accordance with directions in the notice, such information as, in the 26
opinion of the Commissioner, is relevant to the determination, 27
(b) produce, in accordance with directions in the notice, such records as, in the 28
opinion of the Commissioner, are relevant to the determination and are 29
specified in the notice, 30
(c) permit the examination of any such records, the taking of extracts from them 31
and the making of copies of them, 32
(d) authorise a person described in the notice to comply with a requirement 33
specified in this section, 34
(e) furnish to the Commissioner such authorisations and consents as the 35
Commissioner requires for the purpose of obtaining information about any 36
such matter (including financial and other confidential information). 37
89 Information offences 38
A person must not, without reasonable excuse, fail to comply with a notice under this 39
Part. 40
Maximum penalty: 41
(a) in the case of a corporation--100 penalty units, or 42
(b) in the case of an individual--50 penalty units. 43
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Combat Sports Bill 2013 [NSW]
Part 7 Enforcement powers
90 Obstruction 1
A person must not, without reasonable excuse, hinder or obstruct a combat sport 2
inspector, the Commissioner of Police, a police officer, referee or medical 3
practitioner in the exercise of a function under this Act or the regulations. 4
Maximum penalty: 5
(a) in the case of a corporation--200 penalty units, or 6
(b) in the case of an individual--100 penalty units. 7
91 No liability for supply of information under Act 8
A person who complies with a requirement of a combat sport inspector under this Act 9
or a notice under this Part or who responds to a show cause notice under this Act does 10
not on that account incur a liability to another person. 11
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Combat Sports Bill 2013 [NSW]
Part 8 Miscellaneous
Part 8 Miscellaneous 1
92 False or misleading information 2
A person must not provide any information or produce any document that the person 3
knows is false or misleading in a material particular, in connection with any of the 4
following: 5
(a) a request, notice or direction under this Act or the regulations by the Authority, 6
the Commissioner of Police or a combat sport inspector, 7
(b) an application under this Act, 8
(c) a medical examination or medical record books under this Act, 9
(d) a serological clearance. 10
Maximum penalty: 11
(a) in the case of a corporation--200 penalty units, or 12
(b) in the case of an individual--100 penalty units. 13
93 Delegation 14
(1) The Minister may delegate to a person the exercise of the Minister's functions under 15
this Act, other than this power of delegation. 16
(2) The Authority may delegate to a person the exercise of any of its functions, other 17
than: 18
(a) this power of delegation, and 19
(b) any function of the Minister delegated to it under subsection (1), unless the 20
instrument of delegation by the Minister permits subdelegation. 21
94 Authority may consider criminal information 22
(1) The Commissioner of Police may disclose a criminal intelligence report or other 23
criminal information about an applicant for registration as a combatant, an industry 24
participant or a promoter, or about a combatant, industry participant or promoter, to 25
the Authority. 26
(2) In determining an application for registration as a combatant, an industry participant 27
or a promoter, any disciplinary proceedings or whether to impose a prohibition order, 28
the Authority may consider any information so disclosed, including the following: 29
(a) information relating to spent convictions, despite anything to the contrary in 30
the Criminal Records Act 1991, 31
(b) information relating to offences, despite anything to the contrary in 32
section 579 of the Crimes Act 1900. 33
95 Disclosure of criminal intelligence information 34
(1) The Commissioner of Police or any other police officer is not, under this or any other 35
Act or law, required to give any reasons for determining a matter or taking other 36
action under this Act if the giving of those reasons would disclose the existence or 37
content of any criminal intelligence report or other criminal information. 38
(2) The Authority is not, under this or any other Act or law, required to give any reasons 39
for determining a matter or taking any other action under this Act if the giving of 40
those reasons would disclose the existence or content of any criminal intelligence 41
report or other criminal information provided by the Commissioner of Police or any 42
other police officer. 43
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Combat Sports Bill 2013 [NSW]
Part 8 Miscellaneous
96 Service of documents 1
(1) A document that is authorised or required by this Act or the regulations to be given 2
to any person may be given by: 3
(a) in the case of a natural person: 4
(i) delivering it to the person personally, or 5
(ii) sending it by post to the address specified by the person for the giving 6
or service of documents or, if no such address is specified, the 7
residential or business address of the person last known to the person 8
giving or serving the document, or 9
(iii) sending it by facsimile transmission to the facsimile number of the 10
person or by email to the email address of the person, or 11
(b) in the case of the Authority or any other body corporate: 12
(i) leaving it with a person apparently of or above the age of 16 years at, or 13
by sending it by post to, the head office, a registered office or a principal 14
office of the Authority or body corporate or to an address specified by 15
the Authority or body corporate for the giving or service of documents, 16
or 17
(ii) sending it by facsimile transmission to the facsimile number of the body 18
corporate or by email to the email address of the Authority or body 19
corporate. 20
(2) Nothing in this section affects the operation of any provision of a law or of the rules 21
of a court authorising a document to be served on a person in any other manner. 22
97 Recovery of fees or other money by Authority 23
Any fee or other money due to the Authority may be recovered by the Authority as a 24
debt in a court of competent jurisdiction. 25
98 Evidence 26
(1) A certificate purporting to have been signed by the Authority or a delegate and 27
stating: 28
(a) that on a specified day, or during a specified period, a specified person was, or 29
was not, registered as a combatant of a specified registration class, or 30
(b) that on a specified day, or during a specified period, the registration of a person 31
as a combatant was or was not subject to a specified condition, or 32
(c) that on a specified day the registration of a specified person as a combatant of 33
a specified registration class had been cancelled under a specified provision of 34
this Act, or 35
(d) that on a specified day, or during a specified period, the registration of a 36
specified person as a combatant of a specified registration class was 37
suspended, 38
is admissible in evidence in any proceedings and is evidence of the truth of the 39
statement. 40
(2) A certificate purporting to have been signed by the Authority or a delegate and 41
stating: 42
(a) that, on a specified day or during a specified period, a specified person was, or 43
was not, registered as an industry participant of a specified registration class 44
or as a promoter of a specified registration class, or 45
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Combat Sports Bill 2013 [NSW]
Part 8 Miscellaneous
(b) that on a specified day, or during a specified period, the registration of a person 1
as an industry participant or promoter was or was not subject to a specified 2
condition, or 3
(c) that on a specified day the registration of a specified person as an industry 4
participant of a specified registration class or as a promoter of a specified 5
registration class had been cancelled under a specified provision of this Act, or 6
(d) that on a specified day, or during a specified period, the registration of a 7
specified person as an industry participant of a specified registration class or 8
as a promoter of a specified registration class was suspended, 9
is admissible in evidence in any proceedings and is evidence of the truth of the 10
statement. 11
(3) A certificate purporting to have been signed by the Authority or a delegate and 12
stating: 13
(a) that on a specified day, or during a specified period, a specified person was, or 14
was not, the holder of a permit for a specified combat sport contest, or 15
(b) that on a specified day a permit for a specified combat sport contest was 16
subject to specified conditions, or 17
(c) that on a specified day a permit for a specified combat sport contest had been 18
revoked under a specified provision of this Act, or 19
(d) that on a specified day the permit of a specified person for a specified combat 20
sport contest was revoked under a specified provision of this Act, 21
is admissible in evidence in any proceedings and is evidence of the truth of the 22
statement 23
(4) A certificate purporting to have been signed by the Authority or a delegate and 24
stating that, on a specified day or during a specified period, a specified person was 25
subject to a prohibition order in relation to specified matters is admissible in evidence 26
in any proceedings and is evidence of the truth of the statement. 27
(5) A certificate purporting to have been signed by the Authority or a delegate and 28
stating: 29
(a) that, on a specified day or during a specified period, a specified body was an 30
approved amateur body for a style of combat sport, or 31
(b) that, on a specified day, the approval of an approved amateur body was 32
revoked under a specified provision of this Act, 33
is admissible in evidence in any proceedings and is evidence of the truth of the 34
statement. 35
99 Proof of certain matters not required 36
In any legal proceedings, proof is not required (until evidence is given to the 37
contrary) of: 38
(a) the constitution of the Authority, or 39
(b) any resolution of the Authority, or 40
(c) the appointment of, or the holding of office by, any member of the Authority, 41
or 42
(d) the presence of a quorum at any meeting of the Authority. 43
100 Personal liability 44
(1) No matter or thing done or omitted to be done by a protected person or any other 45
person acting under the direction of a protected person, if the matter or thing was 46
done or omitted to be done in good faith for the purposes of executing this Act, 47
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Combat Sports Bill 2013 [NSW]
Part 8 Miscellaneous
subjects a protected person or other person so acting personally to any action, 1
liability, claim or demand. 2
(2) In this section: 3
protected person means any of the following: 4
(a) the Authority, 5
(b) a member of the Authority, 6
(c) an approved amateur body, 7
(d) a combat sport inspector, 8
(e) a medical practitioner, 9
(f) a referee, 10
(g) a member of an approved amateur body. 11
101 Supply of information 12
(1) The Authority may enter into arrangements, with sporting bodies and law 13
enforcement and other agencies in Australia and elsewhere, concerning the provision 14
of information by and to the Authority in relation to: 15
(a) the registration, and the suspension or cancellation of the registration, of 16
persons under this Act, and 17
(b) the granting and revocation of permits to hold combat sport contests under this 18
Act, and 19
(c) the approval and revocation of approval of amateur bodies under this Act, and 20
(d) the accreditation, and the suspension or cancellation of the accreditation, of 21
persons under the laws of other jurisdictions, and 22
(e) the making of prohibition orders against persons under this Act and the 23
making of orders of the same kind against persons under the laws of other 24
jurisdictions, and 25
(f) without limiting any other provision of this section: 26
(i) the suitability of persons to be registered or accredited or to retain 27
registration or accreditation, and 28
(ii) details of disciplinary action commenced or taken against any such 29
person, and 30
(iii) details of the grounds on which disciplinary action might be taken 31
against any such person, and 32
(g) any other matters for the time being approved by the Minister. 33
(2) The Authority, and agencies of this State, may provide, seek and receive information 34
in accordance with any arrangement referred to in subsection (1). 35
(3) In subsection (1): 36
accreditation means the registration, licensing or other accreditation (however 37
described) of persons who participate or seek to participate in combat sports as 38
combatants or industry participants (however described) in Australia or elsewhere. 39
102 Exemptions for persons not resident in the State 40
(1) The Authority may exempt any person or any specified class of persons from the 41
operation of this Act or such of the provisions of this Act as are specified by the 42
Authority. 43
(2) The Authority must not exempt a person who is ordinarily resident in New South 44
Wales or a class or description of persons who are ordinarily so resident. 45
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Combat Sports Bill 2013 [NSW]
Part 8 Miscellaneous
(3) An exemption may be granted subject to such terms or conditions as are specified in 1
the notice by which the exemption is granted. 2
(4) The Authority may revoke or vary an exemption. 3
(5) Notice of an exemption, or of the revocation or variation of an exemption: 4
(a) of an individual is to be given by notice in writing to the individual and is to 5
be published in the Gazette as soon as practicable after the notice is given, or 6
(b) of a specified class of persons is to be published in the Gazette as soon as 7
practicable after the notice is given. 8
(6) This section does not limit the power to make regulations for or with respect to the 9
exemption of persons or classes of persons from provisions of this Act. 10
103 Offences by corporations 11
(1) If a corporation contravenes, whether by act or omission, any provision of this Act 12
or the regulations, each person who is a director of the corporation or who is 13
concerned in the management of the corporation is taken to have contravened the 14
same provision if the person knowingly authorised or permitted the contravention. 15
(2) A person may be proceeded against and convicted under a provision pursuant to 16
subsection (1) whether or not the corporation has been proceeded against or been 17
convicted under that provision. 18
(3) Nothing in this section affects any liability imposed on a corporation for an offence 19
committed by the corporation against this Act or the regulations. 20
104 Nature of proceedings for offences 21
(1) Proceedings for an offence under this Act or the regulations may be dealt with: 22
(a) summarily before the Local Court, or 23
(b) summarily before the Supreme Court in its summary jurisdiction. 24
(2) If proceedings are brought in the Local Court, the maximum monetary penalty that 25
the Local Court may impose for the offence is the lesser of: 26
(a) 200 penalty units (in the case of an individual) or 500 penalty units (in the case 27
of a corporation), despite any higher maximum monetary penalty provided in 28
respect of the offence, or 29
(b) the maximum monetary penalty provided by this Act in respect of the offence. 30
(3) Proceedings for an offence under this Act or the regulations must be commenced not 31
later than 2 years from when the offence was alleged to have been committed. 32
(4) In the case of proceedings for an offence that relate to the death of a person that is or 33
has been the subject of a coronial inquest that concludes later than 2 years from when 34
the offence was alleged to have been committed, the proceedings must be 35
commenced not later than 6 months after the conclusion of the inquest. 36
105 Penalty notices 37
(1) An authorised officer may serve a penalty notice on a person if it appears to the 38
officer that the person has committed an offence against this Act or the regulations, 39
being an offence prescribed by the regulations as a penalty notice offence. 40
(2) A penalty notice is a notice to the effect that, if the person served does not wish to 41
have the matter determined by a court, the person can pay, within the time and to the 42
person specified in the notice, the amount of the penalty prescribed by the regulations 43
for the offence if dealt with under this section. 44
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Combat Sports Bill 2013 [NSW]
Part 8 Miscellaneous
(3) A penalty notice under this section is declared to be a penalty notice for the purposes 1
of the Fines Act 1996. 2
(4) A penalty notice may be served personally or by post. 3
(5) If the amount of penalty prescribed for an alleged offence is paid under this section, 4
no person is liable to any further proceedings for the alleged offence, except 5
disciplinary action under this Act or the making of a prohibition order under Part 4. 6
(6) Payment under this section is not to be regarded as an admission of liability for the 7
purpose of, and does not in any way affect or prejudice, any civil claim, action or 8
proceeding arising out of the same occurrence. 9
(7) The regulations may: 10
(a) prescribe an offence for the purposes of this section by specifying the offence 11
or by referring to the provision creating the offence, and 12
(b) prescribe the amount of penalty payable for the offence if dealt with under this 13
section, and 14
(c) prescribe different amounts of penalties for different offences or classes of 15
offences. 16
(8) The amount of a penalty prescribed under this section for an offence is not to exceed 17
the maximum amount of penalty that could be imposed for the offence by a court. 18
(9) This section does not limit the operation of any other provision of, or made under, 19
this or any other Act relating to proceedings that may be taken in respect of offences. 20
(10) In this section, authorised officer means a member of the Authority or a member of 21
staff of the Department of Education and Communities authorised in writing by the 22
Director-General of that Department as an authorised officer for the purposes of this 23
section. 24
106 Regulations 25
(1) The Governor may make regulations, not inconsistent with this Act, for or with 26
respect to any matter that by this Act is required or permitted to be prescribed or that 27
is necessary or convenient to be prescribed for carrying out or giving effect to this 28
Act. 29
(2) In particular, regulations may be made for or with respect to the following: 30
(a) the use and custody of the seal of the Authority, 31
(b) any matter in relation to which a rule may be made, 32
(c) the exemption of persons or classes of persons, or styles of combat sports, 33
from provisions of this Act, either unconditionally or subject to conditions, 34
(d) the waiver, refunding or reduction of fees or other charges payable under this 35
Act or the regulations. 36
(3) The regulations may contain provisions of a savings or transitional nature consequent 37
on regulations made for the purposes of or in connection with the definition of 38
combat sport in section 4 (1). 39
(4) The regulations may create an offence punishable by a penalty not exceeding 40
50 penalty units. 41
(5) In the event of any inconsistency between a regulation and a rule, the regulation 42
prevails to the extent of the inconsistency. 43
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Combat Sports Bill 2013 [NSW]
Part 8 Miscellaneous
107 Rules 1
(1) The Authority may make rules, not inconsistent with this Act or the regulations, for 2
or with respect to any aspect of engagement in combat sports in New South Wales. 3
(2) Without limiting subsection (1), rules may be made for or with respect to all or any 4
of the following: 5
(a) any of the functions of the Authority or of approved amateur bodies for the 6
purposes of this Act, 7
(b) medical record books and medical record cards, 8
(c) the functions of combat sport inspectors for the purposes of this Act, 9
(d) the appointment of, and fees payable to, combat sport officials for professional 10
combat sport contests, 11
(e) the establishment of ratings for combatants, 12
(f) weigh-ins, 13
(g) combat sport titles, 14
(h) combat sport equipment, 15
(i) age limits for combatants, 16
(j) the regulation of combat sport contests, 17
(k) the accreditation and functions of medical officers in connection with combat 18
sport contests, 19
(l) rest periods for combatants, 20
(m) the wearing or use of protective clothing or equipment by combatants, 21
(n) the making and observance of codes of conduct for registered combatants and 22
registered industry participants and promoters, 23
(o) requirements for insurance cover for combatants, industry participants and 24
promoters. 25
(3) A rule cannot be made except with the approval of the Minister. 26
(4) A rule must not be inconsistent with a provision of this Act or the regulations. 27
(5) The Authority may, by making a rule, amend or revoke a rule made under this 28
section. 29
(6) A rule: 30
(a) must be published in the Gazette, and 31
(b) takes effect on and from the date of publication or a later date specified in the 32
rule. 33
(7) A provision of a rule may: 34
(a) apply generally or be limited in its application by reference to specified 35
exceptions or factors, or 36
(b) apply differently according to different factors of a specified kind, or 37
(c) authorise any matter or thing to be from time to time determined, applied or 38
regulated by any specified person or body, 39
or may do any combination of those things. 40
108 Notification and taking effect of decisions 41
(1) The Authority must notify, in writing: 42
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Combat Sports Bill 2013 [NSW]
Part 8 Miscellaneous
(a) an applicant for registration or a permit under this Act of a decision to grant or 1
refuse the registration or permit, and 2
(b) a registered person of a decision to impose a condition of registration or to 3
revoke or vary a condition of registration, and 4
(c) a person of a decision to impose a registration pre-condition with respect to the 5
person or to revoke or vary a registration pre-condition with respect to the 6
person, and 7
(d) a person granted a permit of a decision to impose a condition on the permit or 8
to revoke or vary a condition of a permit or to revoke the permit. 9
(2) The Minister must notify, in writing, an amateur combat sport body of a decision to 10
approve the body as an approved amateur body for a style of combat sport or to 11
revoke or vary any such approval or a condition of such an approval. 12
(3) A decision that is required by this section to be notified takes effect on the giving of 13
the notice or such later day as is specified in the notice. 14
109 Repeal of Combat Sports Act 2008 15
The Combat Sports Act 2008 is repealed. 16
110 Review of Act 17
(1) The Minister is to review this Act to determine whether the policy objectives of the 18
Act remain valid and whether the terms of the Act remain appropriate for securing 19
those objectives. 20
(2) The review is to be undertaken as soon as possible after the period of 5 years from 21
the date of assent to this Act. 22
(3) A report on the outcome of the review is to be tabled in each House of Parliament 23
within 12 months after the end of the period of 5 years. 24
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Combat Sports Bill 2013 [NSW]
Schedule 1 Constitution and procedure of the Authority
Schedule 1 Constitution and procedure of the Authority 1
(Section 80 (3)) 2
Part 1 General 3
1 Definitions 4
In this Schedule: 5
appointed member means a person who is appointed by the Minister as a member of 6
the Authority. 7
Chairperson means the Chairperson of the Authority. 8
member means any member of the Authority. 9
Part 2 Constitution 10
2 Terms of office of members 11
(1) Subject to this Schedule, an appointed member holds office for such period (not 12
exceeding 4 years) as is specified in the member's instrument of appointment, but is 13
eligible (if otherwise qualified) for re-appointment. 14
(2) A person may not be appointed as a member for a total period that exceeds 6 years. 15
(3) The total period of appointment of a member includes: 16
(a) any past period as a member, including under this Act or as a member of the 17
Authority under the Combat Sports Act 2008, whether or not served 18
consecutively, and 19
(b) the period of any proposed appointment. 20
3 Remuneration 21
An appointed member is entitled to be paid such remuneration (including travelling 22
and subsistence allowances) as the Minister may from time to time determine in 23
respect of the member. 24
4 Deputies 25
(1) The Minister may, from time to time, appoint a person to be the deputy of an 26
appointed member, and the Minister may revoke any such appointment. 27
(2) The nominee of the Commissioner of Police may, from time to time, with the 28
approval of the Minister, appoint a person to be his or her deputy as a member. 29
(3) In the absence of a member, the member's deputy may, if available, act in the place 30
of the member. 31
(4) While acting in the place of a member, a person: 32
(a) has all the functions of the member and is taken to be a member, and 33
(b) is entitled to be paid such remuneration (including travelling and subsistence 34
allowances) as the Minister may from time to time determine in respect of the 35
person. 36
(5) For the purposes of this clause, a vacancy in the office of a member is taken to be an 37
absence of the member. 38
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Combat Sports Bill 2013 [NSW]
Schedule 1 Constitution and procedure of the Authority
5 Vacancy in office of member 1
(1) The office of a member becomes vacant if the member: 2
(a) dies, or 3
(b) completes a term of office and is not re-appointed, or 4
(c) resigns the office by instrument in writing addressed to the Minister, or 5
(d) is removed from office by the Governor under this clause, or 6
(e) is absent from 4 consecutive meetings of the Authority of which reasonable 7
notice has been given to the member personally or by post, except on leave 8
granted by the Minister or unless the member is excused by the Minister for 9
having been absent from those meetings before the expiration of 4 weeks after 10
the last of those meetings, or 11
(f) becomes bankrupt, applies to take the benefit of any law for the relief of 12
bankrupt or insolvent debtors, compounds with his or her creditors or makes 13
an assignment of his or her remuneration for their benefit, or 14
(g) becomes a mentally incapacitated person, or 15
(h) is convicted in New South Wales of an offence that is punishable by 16
imprisonment for 12 months or more or is convicted elsewhere than in New 17
South Wales of an offence that, if committed in New South Wales, would be 18
an offence so punishable. 19
(2) The Governor may at any time remove a member from office. 20
(3) Without affecting the generality of subclause (2), the Governor may remove from 21
office a member who contravenes the provisions of clause 7. 22
6 Filling of vacancy in office of member 23
(1) If: 24
(a) the office of a member referred to in section 80 (1) (a) or (2) (b) or (c) becomes 25
vacant, or 26
(b) the membership of the Authority (not counting any deputies of members) is 27
reduced to fewer than 5 members as a result of the office of a member 28
becoming vacant, 29
a person is, subject to this Act, to be appointed to fill the vacancy. 30
(2) A person may, subject to this Act, be appointed to fill any vacancy other than a 31
vacancy that is to be filled under subclause (1). 32
7 Disclosure of pecuniary interests 33
(1) If: 34
(a) a member has a direct or indirect pecuniary interest in: 35
(i) a matter being considered or about to be considered at a meeting of the 36
Authority, or 37
(ii) a thing being done or about to be done by the Authority, and 38
(b) the interest appears to raise a conflict with the proper performance of the 39
member's duties in relation to the consideration of the matter, 40
the member must, as soon as possible after the relevant facts have come to the 41
member's knowledge, disclose the nature of the interest at a meeting of the 42
Authority. 43
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Combat Sports Bill 2013 [NSW]
Schedule 1 Constitution and procedure of the Authority
(2) A disclosure by a member at a meeting of the Authority that the member: 1
(a) is a member, or is in the employment, of a specified company or other body, or 2
(b) is a partner, or is in the employment, of a specified person, or 3
(c) has some other specified interest relating to a specified company or other body 4
or to a specified person, 5
is a sufficient disclosure of the nature of the interest in any matter or thing relating to 6
that company or other body or to that person that may arise after the date of the 7
disclosure and that is required to be disclosed under subclause (1). 8
(3) Particulars of any disclosure made under this clause must be recorded by the 9
Authority in a book kept for the purpose and that book must be open at all reasonable 10
hours for inspection by any person on payment of the fee determined by the 11
Authority. 12
(4) After a member has disclosed the nature of an interest in any matter or thing, the 13
member must not, unless the Minister or the Authority otherwise determines: 14
(a) be present during any deliberation of the Authority with respect to the matter 15
or thing, or 16
(b) take part in any decision of the Authority with respect to the matter or thing. 17
(5) For the purposes of the making of a determination by the Authority under 18
subclause (4), a member who has a direct or indirect pecuniary interest in a matter or 19
thing to which the disclosure relates must not: 20
(a) be present during any deliberation of the Authority for the purpose of making 21
the determination, or 22
(b) take part in the making of the determination by the Authority. 23
(6) A contravention of this clause does not invalidate any decision of the Authority. 24
(7) A reference in this clause to a meeting of the Authority includes a reference to a 25
meeting of a committee of the Authority. 26
8 Effect of certain other Acts 27
(1) The statutory provisions relating to the employment of Public Service employees do 28
not apply to the appointment or office of an appointed member. 29
(2) If by or under any Act provision is made: 30
(a) requiring a person who is the holder of a specified office to devote the whole 31
of his or her time to the duties of that office, or 32
(b) prohibiting the person from engaging in employment outside the duties of that 33
office, 34
the provision does not operate to disqualify the person from holding that office and 35
also the office of a member or from accepting and retaining any remuneration 36
payable to the person under this Act as a member. 37
Part 3 Procedure 38
9 General procedure 39
The procedure for the calling of meetings of the Authority and for the conduct of 40
business at those meetings is, subject to this Act and the regulations, to be as 41
determined by the Authority. 42
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Combat Sports Bill 2013 [NSW]
Schedule 1 Constitution and procedure of the Authority
10 Quorum 1
The quorum for a meeting of the Authority is a majority of its members. 2
11 Presiding member 3
(1) The Chairperson (or, in the absence of the Chairperson, another member elected as 4
chairperson for the meeting by the members present) is to preside at a meeting of the 5
Authority. 6
(2) The presiding member has a deliberative vote and, in the event of an equality of 7
votes, has a second or casting vote. 8
12 Voting 9
A decision supported by a majority of the votes cast at a meeting of the Authority at 10
which a quorum is present is the decision of the Authority. 11
13 Minutes 12
The Authority must cause full and accurate minutes to be kept of the proceedings of 13
each meeting of the Authority. 14
14 Transaction of business outside meetings or by telecommunication 15
(1) The Authority may, if it thinks fit, transact any of its business by the circulation of 16
papers among all the members of the Authority for the time being, and a resolution 17
in writing approved in writing by a majority of those members is taken to be a 18
decision of the Authority. 19
(2) The Authority may, if it thinks fit, transact any of its business at a meeting at which 20
members (or some members) participate by telephone, closed-circuit television or 21
other means, but only if any member who speaks on a matter before the meeting can 22
be heard by the other members. 23
(3) For the purposes of: 24
(a) the approval of a resolution under subclause (1), or 25
(b) a meeting held in accordance with subclause (2), 26
the Chairperson and each member have the same voting rights as they have at an 27
ordinary meeting of the Authority. 28
(4) A resolution approved under subclause (1) is, subject to the regulations, to be 29
recorded in the minutes of the meetings of the Authority. 30
(5) Papers may be circulated among the members for the purposes of subclause (1) by 31
facsimile or other transmission of the information in the papers concerned. 32
15 First meeting 33
The Minister may call the first meeting of the Authority in such manner as the 34
Minister thinks fit. 35
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Combat Sports Bill 2013 [NSW]
Schedule 2 Savings and transitional provisions
Schedule 2 Savings and transitional provisions 1
Part 1 Preliminary 2
1 Regulations 3
(1) The regulations may contain provisions of a savings or transitional nature consequent 4
on the enactment of this Act or any Act that amends this Act. 5
(2) Any such provision may, if the regulations so provide, take effect from the date of 6
assent to the Act concerned or a later date. 7
(3) To the extent to which any such provision takes effect from a date that is earlier than 8
the date of its publication on the NSW legislation website, the provision does not 9
operate so as: 10
(a) to affect, in a manner prejudicial to any person (other than the State or an 11
authority of the State), the rights of that person existing before the date of its 12
publication, or 13
(b) to impose liabilities on any person (other than the State or an authority of the 14
State) in respect of anything done or omitted to be done before the date of its 15
publication. 16
Part 2 Provisions arising from enactment of this Act 17
2 Definitions 18
In this Part: 19
existing disqualification show cause notice means a show cause notice issued under 20
section 57 (1) of the former Act not earlier than 14 days before the repeal of that 21
section. 22
existing member means a person who was a member of the Authority immediately 23
before the commencement of section 80. 24
existing registration show cause notice means a show cause notice issued under 25
section 13 (3) or 29 (3) of the former Act not earlier than 14 days before the repeal 26
of the section concerned. 27
former Act means the Combat Sports Act 2008. 28
3 General provision 29
(1) Anything done or omitted to be done or commenced to be done under or in relation 30
to a provision of the former Act is taken to have been done or omitted or commenced 31
to be done under or in relation to the corresponding provision of this Act. 32
(2) This clause does not apply: 33
(a) to the extent that its application is inconsistent with any other provision of this 34
Schedule or a provision of a regulation made under this Schedule, or 35
(b) to the extent that its application would be inappropriate in a particular case. 36
4 Continuation of Authority 37
The Authority is a continuation of, and the same legal entity as, the Combat Sports 38
Authority of New South Wales constituted by the former Act. 39
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Combat Sports Bill 2013 [NSW]
Schedule 2 Savings and transitional provisions
5 Existing members of Authority 1
(1) An existing member is taken to have been appointed as a member of the Authority 2
under this Act and the person's term of appointment ends on the same day on which 3
it would have ended had the former Act not been repealed. 4
(2) It does not matter that the number of existing members appointed under this clause 5
exceeds the total number of members permitted to be appointed to the Authority by 6
this Act. 7
6 Existing registrations 8
(1) A person who was, immediately before the repeal of section 9 of the former Act, 9
registered as a combatant of a prescribed class is taken to be registered as a combatant 10
of the corresponding registration class under this Act and is subject to the same 11
conditions of registration. 12
(2) A person who was, immediately before the repeal of section 24 of the former Act, 13
registered as an industry participant (including a promoter) of a prescribed class is 14
taken to be registered as an industry participant or promoter of the corresponding 15
registration class, as applicable, under this Act and is subject to the same conditions 16
of registration. 17
(3) A registration taken to be in force under this clause ends on the day on which the 18
registration would have ended but for the repeal of section 11 or 27 of the former Act, 19
unless it is sooner cancelled under this Act. 20
7 Amateur combatants 21
(1) Section 9 does not apply to a person who engages in an amateur combat sport contest 22
as a combatant within the transitional period. 23
(2) The transitional period is the period: 24
(a) of 6 months commencing on the commencement of section 9, or 25
(b) such longer period after that commencement (not exceeding 2 years) as the 26
Authority may approve in respect of persons who engage in a contest approved 27
by a particular approved amateur body. 28
8 Industry participants or promoters for amateur combat sport contests 29
(1) Section 20 does not apply to a person who acts as an industry participant for an 30
amateur combat sport contest within the transitional period. 31
(2) The transitional period is the period: 32
(a) of 6 months commencing on the commencement of section 20, or 33
(b) such longer period after that commencement (not exceeding 2 years) as the 34
Authority may approve in respect of persons who act as industry participants 35
for a contest approved by a particular approved amateur body. 36
(3) Section 20 does not apply to any act done by a person in the capacity of a promoter 37
for an amateur combat sport contest within 90 days after the commencement of that 38
section. 39
9 Permits for combat sport contests 40
A person who was, immediately before the repeal of section 36 or 56 of the former 41
Act, the holder of a permit to promote a combat sport contest is taken to be the holder 42
of a permit under this Act for the contest. 43
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Schedule 2 Savings and transitional provisions
10 Existing combat sport inspectors 1
(1) A person who, immediately before the repeal of section 61 of the former Act, was a 2
combat sport inspector under that Act is taken to be a combat sport inspector 3
appointed under this Act. 4
(2) This clause does not apply to a combat sport inspector appointed as such in his or her 5
capacity as a member of the Authority. 6
11 Existing disciplinary proceedings 7
(1) An existing registration show cause notice given to a registered combatant or a 8
registered industry participant is taken to be a notice issued under section 31 of this 9
Act. 10
(2) A suspension of the registration of a combatant under the former Act that had effect 11
immediately before the repeal of section 13 of the former Act is taken to be a 12
suspension, for the same period, in force under Division 4 of Part 2 of this Act. 13
(3) A suspension of the registration of an industry participant under the former Act that 14
had effect immediately before the repeal of section 29 of the former Act is taken to 15
be a suspension, for the same period, in force under Division 4 of Part 2 of this Act. 16
12 Existing disqualifications 17
(1) An existing disqualification show cause notice given to a person is taken to be a 18
notice issued under section 67 of this Act. 19
(2) An order disqualifying a person made under section 57 of the former Act, and in 20
force immediately before the repeal of that section, is taken to be a general 21
prohibition order made under this Act. 22
13 References to previous disciplinary actions in registers 23
A requirement to include in a register under this Act particulars of any suspension or 24
cancellation of registration, or any registration pre-condition, includes any 25
suspension, cancellation or registration pre-condition in force under the former Act 26
immediately before the commencement of the requirement. 27
14 Medical record books 28
A medical record book issued, or taken to be issued, under the former Act is taken to 29
be a medical record book issued under this Act. 30
15 Part subject to regulations 31
This Part is subject to the regulations. 32
Page 52
Combat Sports Bill 2013 [NSW]
Schedule 3 Consequential amendment of other Acts
Schedule 3 Consequential amendment of other Acts 1
3.1 Administrative Decisions Tribunal Act 1997 No 76 2
[1] Schedule 2 Composition and functions of Divisions 3
Omit "Combat Sports Act 2008" from clause 2 (1) of Part 4. 4
Insert instead "Combat Sports Act 2013". 5
[2] Schedule 2, Part 4, clause 3 6
Omit the clause. Insert instead: 7
3 Combat Sports Act 2013 (Reviewable decisions) 8
Applications made under section 77 of the Combat Sports Act 2013 are to be 9
determined by the Tribunal constituted by 1 Division member of the General 10
Division of the Tribunal who is a judicial member. 11
3.2 Crimes (Criminal Organisations Control) Act 2012 No 9 12
Section 27 Prohibition on carrying on of certain activities when interim control order 13
or control order takes effect 14
Insert after paragraph (l) of the definition of prescribed activity in section 27 (6): 15
(l1) acting as a combatant, industry participant or promoter within the 16
meaning of the Combat Sports Act 2013, 17
Page 53
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