Professional Boxing and Combat Sports Amendment Act 2013

Professional Boxing and Combat Sports Amendment Act 2013

No. 65 of 2013

table of provisions

SectionPage

Part 1—Preliminary

1Purposes

2Commencement

3Principal Act

Part 2—Amendment of Professional Boxing and Combat Sports Act1985

4Purpose provision substituted

3Purpose

5Definitions

6Section 6 substituted and new sections 6A, 6B, 6C and6D inserted

6Board may license persons involved in professional contests

6ALicence applications to be forwarded to Chief Commissioner

6BBoard may request further information in support of application for a licence

6CBoard to give reasons for not issuing a licence

6DBan on re-applying for issue or renewal of licence

7Promoters, trainers, match-makers, referees, judges and timekeepers must hold a licence

8Licences and permits

9New sections 9AA, 9AB, 9AC and 9AD inserted

9AALicence of person must be cancelled if person is a prohibited person

9ABInquiry may be held to determine whether licensee continues to meet probity requirements

9ACDecision of Board following inquiry under
section9AB

9ADBan on re-applying for issue of licence following cancellation

10Other circumstances that may result in variation, suspension
or cancellation of licence or permit

11Duties of Promoter

12Division 4A of Part II repealed

13Delegation

14New section 14E inserted

14EDisclosure of information

15New Division 6 inserted in Part II

Division 6—Disclosure of information by Chief Commissioner

14FDisclosure of information by Chief Commissioner

16Heading to Part III substituted

17Minister may delegate

18New section 15A inserted

15ADelegation by Chief Commissioner

19New section 16AA inserted

16AADefinition

20Review by VCAT

21New sections 17 to 17F inserted

17VCAT must ask the Board about protected
information on receiving certain applications for
review

17AAppointment of special counsel if review involves protected information

17BHearing where protected information involved

17CDecision where protected information is involved

17DBoard may change its decision

17EChief Commissioner may request Board to reconsider decision without protected information

17FGeneral provisions for hearing matters involving protected information

22Regulations

23New Division 3 inserted in Part VIII

Division 3—Provisions for Professional Boxing and
Combat Sports Amendment Act2013

34Definitions

35List of persons who may act as timekeepers

36Pending licence applications

37Appeal to the Minister

Part 3—Amendment of Other Acts

24Amendment of Casino Control Act 1991

25Amendment of Racing Act 1958

35DAAdvice to Professional Boxing and Combat Sports
Board

Part 4—Repeal of Amending Act

26Repeal of amending Act

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Endnotes

SectionPage

Victoria

SectionPage

Professional Boxing and Combat Sports Amendment Act 2013[†]

No. 65 of 2013

[Assented to 6 November 2013]

Professional Boxing and Combat Sports Amendment Act 2013
No. 65 of 2013

The Parliament of Victoriaenacts:

Part 4—Repeal of Amending Act

Professional Boxing and Combat Sports Amendment Act 2013
No. 65 of 2013

Part 1—Preliminary

1Purposes

The main purposes of this Act are—

(a)toamend the Professional Boxing and Combat Sports Act 1985—

(i) to require that certainspecified requirements be met by a person before a licence can be issued to, or renewed by, the person under that Act; and

(ii)to provide for the cancellation or suspension of a licence under that Act if certain specified requirements are not met by a licence holder; and

(iii)to require a person acting as a timekeeper to be licensed; and

(iv)to enable the Chief Commissioner of Police to provide advice to the Professional Boxing and Combat Sports Board in respect of a person applying for, or holding, a licence under that Act; and

(v)to make consequential and other amendments; and

(b)to make consequential amendments to the Casino Control Act 1991 and the Racing Act 1958.

2Commencement

s. 2

This Act comes into operation on the day after the day on which it receives the Royal Assent.

3Principal Act

See:
Act No.
10183.
Reprint No. 2
as at
20 September 2001
and amending
Act Nos
97/2005, 28/2007, 11/2008 and 13/2010.
LawToday:
www.
legislation.
vic.gov.au

In this Act, the Professional Boxing and Combat Sports Act 1985 is called the Principal Act.

______

Part 2—Amendment of Professional Boxing and Combat Sports Act1985

4Purpose provision substituted

s. 4

For section 3 of the Principal Actsubstitute—

"3Purpose

The purpose of this Act is—

(a)to control professional boxing and professional combat sports; and

(b)to reduce the risk of malpractice; and

(c)to promote safety; and

(d)to uphold industry integrity by ensuring that—

(i) a licence holder is a fit and proper person to hold a licence; and

(ii) it is not contrary to the public interest for a person to hold a licence.".

5Definitions

(1)Insert the following definitions in section 5 of the Principal Act—

"Chief Commissioner means the Chief Commissioner of Police appointed under the Police Regulation Act 1958;

prohibited person means a person—

(a)whohas been convicted of an indictable offence for which the person is sentenced to a term of imprisonment of 10 years or more; or

(b)in respect of whom a control order applies and is in effect under Division 2 of Part 3 of the Criminal Organisations Control Act 2012; or

(c)who is a member of an organisation in respect of which a control order applies and that is in effect under Division 2 of Part 3 of the Criminal Organisations Control Act 2012; or

(d)who is subject to an exclusion order under section 74 of the Casino Control Act 1991; or

(e)who is subject to an exclusion order under section 33 of the Racing Act 1958; or

(f)who has been convicted of an offence and given a sentence of a kind corresponding to that specified in paragraph (a) in another State or a Territory; or

s. 5

(g)who is subject to an order in another State or Territory corresponding to an order specified in paragraph (b), (c),(d) or(e);

protected informationmeans any intelligence information, document or thing the production or inspection of which—

(a)is likely to—

(i) reveal the identity of the member of the police force who provided information on the basis of which a decision of the Board not to issue or renew a licence, or to cancel a licence was made, or put that member's safety at risk; or

(ii)reveal the identity of a person who has provided a member of the police force with information on the basis of which a decision of the Board not to issue or renew a licence, or to cancel a licence was made, or put that person's safety at risk; or

(iii)reveal the identity of a person whose name appears in any evidence given or information provided to a member of the police force relating to an investigation, or put that person's safety at risk; or

(iv)reveal the identity of a person who is or has been the subject of an investigation by a member of the police force, or put that person's safety at risk; or

(b)places at risk an ongoing investigation by a member of the police force; or

(c)risks the disclosure of any investigative method used by members of the police force; or

(d) is otherwise not in the public interest;".

(2)In section 5 of the Principal Act, for the definition of Departmentsubstitute—

"Department means the Department of Transport, Planning and Local Infrastructure;".

6Section 6 substituted and new sections6A, 6B,6Cand6Dinserted

s. 6

For section 6 of the Principal Act substitute—

"6Board may license persons involved in professional contests

(1)Any adult may apply to the Board for a licence or for the renewal of a licence to act as a promoter, trainer, match-maker, referee, judge or timekeeper.

(2)An application must—

(a)be in the relevant prescribed form; and

(b)be accompanied by—

(i) the prescribed fee (if any); and

(ii)a prescribed certificate or other prescribed document specifying any criminal history of the applicant; and

(iii) any other prescribed documents; and

(c)specify—

s. 6

(i) the nature and extent of the applicant's experience; and

(ii)any other prescribed information.

(3)Subject to subsections (5) and (6), the Board may issue a licence to act as a promoter, trainer, match-maker, referee, judge or timekeeper to an applicant if the Board is satisfied that—

(a)the applicant is a fit and proper person to hold a licence; and

(b)it is not contrary to the public interest to issue the licence; and

(c)any prescribed prerequisites for the issue of a licence have been met by the applicant.

(4)Subject to subsections (5) and (6), the Board may renew the licence of any promoter, trainer, match-maker, referee, judge or timekeeper if the Board is satisfied that—

(a)the applicant is a fit and proper person to hold a licence; and

(b)it is not contrary to the public interest to renew the licence; and

(c)any prescribed prerequisites for the renewal of a licence have been met by the applicant.

(5)The Board must not issue a licence to act as a promoter, trainer, match-maker, referee, judge or timekeeper, or renew the licence of any promoter, trainer, match-maker, referee, judge or timekeeper if the Board becomes aware or is advised under section 6A(3)(a) that the applicant is a prohibited person.

(6)In making a decision under subsection (3) or(4), the Board must—

s. 6

(a)give special consideration to any advice received under section 6A(3)(b) or (c); and

(b)have regard to any other information available to the Board that may be relevant to an application made under this section; and

(c)consider any prescribed matters for the purposes of determining whether—

(i) a person is a fit and proper person; and

(ii)it would be contrary to the public interest to issue or renew the licence.

6ALicence applications to be forwarded to Chief Commissioner

(1)On receiving an application under section 6, the Board must give a copy of that application to the Chief Commissioner.

(2)Within 28 days of receiving a copy of an application under subsection (1), the Chief Commissioner must give to the Board a written response in accordance with subsection(3).

(3)The Chief Commissioner must advise the Board (as appropriate)—

(a)if the person who made the application is a prohibited person and specify the circumstances that make the person a prohibited person; or

(b)if the Chief Commissioner is of the view that the person who made the application is not a fit and proper person for the purposes of issuing a licence under section 6 and give reasons for that view; or

s. 6

(c)if the Chief Commissioner is of the view that it would not be in the public interest to issue a licence to the person who made the application under section6 and give reasons for that view; or

(d)if the Chief Commissioner has not identified any information that should be considered by the Board before the Board makes a decision under section6; or

(e)if the Chief Commissioner will not be giving the Board any information in relation to the application.

(4)The Chief Commissioner may rely on any information, including protected information, he or she considers relevant for the purposes of providing advice to the Board under this section.

(5)For the purposes of giving reasons for his or her advice under subsection (3)(b) or (c), the Chief Commissioner may decide, if the advice is wholly or partly based on protected information—

(a)toinclude the protected information in his or her written response given to the Boardandspecify in that response which information is protected information; or

(b)not to include the protected information in the written response given to the Board and specify in that response that—

(i) some or all of the Chief Commissioner's advice is based on protected information; and

(ii)to the extent that the advice is based on protected information, reasons will not be given to the Board.

6BBoard may request further information in support of application for a licence

s. 6

(1)Before making a decision under section 6(3) or(4), the Board may request an applicant to provide further information for the purposes of assisting the Board to determine whether,for the purposes of issuing or renewing a licence under section6—

(a)the applicant is a fit and proper person; and

(b)it would be contrary to the public interest to issue or renew the licence.

(2)A request under subsection (1) must—

(a)be in writing; and

(b)specify—

(i) thatfurther information is sought by the Board for the purposes of assisting the Board to determine the application made under section6; and

(ii)the type of further information sought by the Board; and

(iii)that the information may be used to assist the Board in determining whether—

(A)the applicant is a fit and proper person to hold a licence; and

s. 6

(B)it is not contrary to the public interest to issue or renew the licence; and

(iv)that the applicant must give the Board the requested information within 28days of receipt of the request by the applicant or other period as specified in the request.

(3)If information requested under subsection (1) is not given to the Board within the period specified under subsection (2)(b)(iv), the applicationmade under section 6 expires.

(4)If the application of a person expires under subsection (3), the applicant may make a fresh application for the licence or renewal of the licence under section 6 at any time after that expiration.

6CBoard to give reasons for not issuing a licence

(1)If the Board decides not to issue or renew a licence to a person under section 6, the Board must, as soon as practicable, give written notice to the person—

(a)of the decision of the Board; and

(b) subject to subsection (2), the reasons for that decision.

(2)The Board must, in giving reasons to a person under subsection (1)—

(a)notdisclose any protected information; and

(b)if the Board's reasons are partially or wholly based on protected information, specify in the written notice given under subsection (1) that some or all of the Board's reasons are based on advice from the Chief Commissioner.

6DBan on re-applying for issue or renewal of licence

s. 6

(1)A person must not apply for the issue or renewal of a licence for a period of 12months, or such further period as is determined by the Board, if the Board has refused to issue or renew the licencebecause the Board—

(a)is not satisfied that the person is a fit and proper person to hold a licence; or

(b)is satisfied that it is contrary to the public interest to issue or renew the licence.

(2)If the Board has refused to issue or renew a licence to a person because the person is a prohibited person the person must not apply for the issue or renewal of a licence until the person ceases to be a prohibited person.".

7Promoters, trainers, match-makers, referees, judges and timekeepers must hold a licence

s. 7

(1)Insert the following heading to section 8 of the Principal Act—

"Promoters, trainers, match-makers, referees, judges and timekeepers must hold a licence".

(2)In section 8(1) of the Principal Act, for "or judge" substitute ", judge or timekeeper".

(3)In section 8(2)(c) of the Principal Act, for "orjudge" substitute ", judge or timekeeper".

8Licences and permits

Section 9(2A) of the Principal Act is repealed.

9New sections9AA,9AB, 9ACand 9ADinserted

After section 9 of the Principal Act insert—

"9AA Licence of person must be cancelled if person is a prohibited person

(1)The Board must immediately cancel any licence issued or renewed under section 6 if the Board becomes aware that the holder of the licence is a prohibited person.

(2)If the Board cancels a licence under subsection (1), the Board must give the person who held the licence written advice of the cancellation as soon as practicable after that cancellation.

(3)Sections 9AB, 9AC and 9A do not apply to a prohibited person.

9ABInquiry may be held to determinewhether licensee continues to meet probity requirements

(1)The Board may hold an inquiryfor the purposes of determining the continued suitability of a person to hold a licence issued under section 6 if—

(a)the Chief Commissioner advises the Board that the Chief Commissioner is of the view that—

(i) the person is not a fit and proper person to hold a licence; or

s. 9

(ii)it is no longer in the public interest for the person to hold a licence; or

(b)the Board has reasonable grounds to believe that—

(i) the person is not a fit and proper person to hold a licence; or

(ii)it is no longer in the public interest for the person to hold a licence.

(2)In giving advice under subsection (1)(a)—

(a)the Chief Commissioner may rely on any information, including protected information, he or she considers relevant; and

(b)if the Chief Commissioner's view is wholly or partly based on protected information, the Chief Commissioner may—

(i) advise the Board that because his or her view is wholly or partly based on protected information, the Chief Commissioner will not give the Board reasons for his or her view to the extent that those reasons are based on that information; or

(ii)give the Board the protected information as part of his or her reasons for the advice and specify which information is protected information.

(3)If the Board decides to hold an inquiry under subsection (1), the Board may suspend the licence of the person in respect of whom the inquiry is being held until the conclusion of the inquiry.

s. 9

(4)Before conducting an inquiry under subsection (1), the Board must give the holder of the licence written notice specifying—

(a)that an inquiry is to be held to determine the person's suitability to hold a licencebecause the Board has received advice or has reasonable grounds to believe that the person is not a fit and proper person to hold a licence or it is no longer in the public interest for the person to hold a licence (as the case may be); and

(b)the date and time of the inquiry and the venue at which the inquiry will be held; and

(c) if the person's licence has been suspended under subsection (3), that the person's licence has been suspended and that it will remain suspended until the inquiry is completed; and

(d) thatthe person may make an oral or written submission to the Board in relation to his or her suitability to hold a licence at the inquiry.

(5)For the purposes of conducting an inquiry under this section the Board must be constituted by more than half of its current members.

(6)In conducting an inquiry under this section, the Board—

(a)mayconsider all relevant information it has been given; and

(b)may receive written or oral submissions from the person in respect of whom the inquiry is being held and any other person who has information relevant to the inquiry; and

(c)is bound by the rules of natural justice; and

(d)mayotherwise regulate its own procedure.

9ACDecision of Board following inquiry under section9AB

s. 9

(1)At the conclusion of an inquiry under section9AB, the Board may decide to—

(a)vary the conditions on the licence, or add new conditions tothe licence; or

(b)suspend the licence for any period the Board considers appropriate; or

(c)cancel the licence; or

(d)continue to allow the person to hold the licence on the same terms and subject to any conditions on which the licence was held before the person received notice of the inquiry.

(2)The Board must advise the holder of the licence, orally or in writing, if under subsection (1)—

(a)the Board varies, or adds to, the conditions of a licence; or

(b)the Board suspends or cancels a licence.

(3)If the Board gives the holder of a licence oral notice under subsection (2), the Board must, as soon as is practicable, give written notice of—

(a)the variation of, or addition to, the conditions of the licence; or

s. 9

(b)the suspension or cancellation of the licence.

(4)Subject to subsection (5), the written notice must specify the reasons for—

(a)thevariation of, or addition to, the conditions of a licence; or

(b)the suspension or cancellation of a licence.

(5)The Board must, in giving reasons to a person in a written notice under subsection(4)—