VersionNo. 026
Professional Boxing and Combat Sports Act 1985
No. 10183 of 1985
Versionincorporating amendments as at
24 May 2012
table of provisions
SectionPage
1
SectionPage
Part I—Preliminary
1Short title
2Commencement
3Purpose
4Repealed
5Definitions
5ARecognition of amateur associations
Part II—Professional Contests
Division 1—Licences and permits
6Board may license persons involved in professional contests
7Board may issue permit to conduct promotion
8Promoters, trainers, match-makers, referees and judges must
hold a licence
9Licences and permits
9AVariation, suspension or cancellation of licence or permit
Division 2—Registration
10Person must not compete in a professional contest unless registered
10AApplication for registration as a professional contestant
10BCancellation or suspension of registration
10CRestriction on re-registration of previously unfit professional contestant
Division 3—Medical examinations and fitness tests
11Repealed
12Compulsory medical examinations and fitness tests
Division 4—Duties of promoters
13Duties of Promoter
Division 4A—Timekeepers
13ABoard to keep list of persons who may act as timekeepers
Division 5—Professional Boxing and Combat Sports Board
14Establishment and membership of Board
14AFunctions, powers and duties of Board
14BBoard procedure
14CDelegation
14DImmunity
Part III—Delegation by Minister
15Minister may delegate
Part IV—Review of Decisions of Board
16Review by Victorian Civil and Administrative Tribunal
Part V—Offences
17Repealed
18Aiding etc. offence
19Proceedings for offence
20Certificate of Minister shall be evidence
21Document under this Act shall be evidence
Part VI—Regulations
22Regulations
Part VII—Rules
23Board may make rules
Part VIII—Transitional and Savings Provisions
Division 1—Provisions for Professional Boxing and Martial Arts (Amendment) Act2001
24Change to references to Act name
25Effect of change to Board's name
26Single registrations become dual registrations
27Former martial art becomes a combat sport
28Recognition of former named associations
Division 2—Provisions for Professional Boxing and Combat Sports Amendment Act2008
29Definition
30Existing licences, permits and registrations
31Timekeepers
32Existing applications
33Existing Board members
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
1
VersionNo. 026
Professional Boxing and Combat Sports Act 1985
No. 10183 of 1985
Versionincorporating amendments as at
24 May 2012
An Act to broaden existing controls on professional boxing and to repeal the Professional Boxing Control Act 1975 and for other purposes.
1
Professional Boxing and Combat Sports Act 1985
No. 10183 of 1985
BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):
Part I—Preliminary
S. 1
amended by Nos 36/1996 s.3(1), 15/2001 s.3.
1Short title[1]
This Act may be cited as the Professional Boxing and Combat Sports Act 1985.
2Commencement
The provisions of this Act shall come into effect on a day or days to be fixed by proclamation of the Governor in Council published in the Government Gazette.
S. 3
amended by Nos 36/1996 s.4, 15/2001 s.4.
3Purpose
The purpose of this Act is to control professional boxing and professional combat sports, to reduce the risk of malpractice and to promote safety.
S. 4
repealed by No. 36/1996 s.25.
*****
S. 5
amended by No. 23/1994 s.118(Sch. 1 item 44.1), substituted by No. 36/1996 s.5.
5Definitions
s. 5
In this Act—
adult means a person who is 18 years of age or older;
S. 5 def. of Board amended by No. 15/2001 s.5(b).
Board means the Professional Boxing and Combat Sports Board created under section14;
boxing means fist fighting;
S. 5 def. of combat sport inserted by No. 15/2001 s.5(a).
combat sport means—
(a)kickboxing; or
(b)any sport or activity (other than boxing) in which each contestant in a contest or exhibition of that sport or activity is required to strike, kick, hit, grapple with, throw or punch the other contestant, and that is determined by the Minister to be a combat sport for the purposes of this Act;
S. 5 def. of Department inserted by No. 11/2008 s.4(a).
Department means the Department of Planning and Community Development;
S. 5 def. of gymnasium amended by No. 15/2001 s.5(c).
gymnasium means any premises at or in which professional contestants train or receive instruction in boxing or in a combat sport;
judge means a person who determines the points scored by each contestant in a professional contest;
S. 5 def. of licensing authority amended by No. 11/2008 s.4(b).
licensing authority means a person or body in another State or Territory who is recognised by the Board as exercising a power equivalent to the power given to the Board by this Act to license or register a person;
S. 5 def. of martial art repealed by No. 15/2001 s.5(d).
*****
match-maker means a person who acts on behalf of a promoter to arrange professional contests between particular professional contestants;
S. 5 def. of medical practitioner amended by No. 97/2005 s.182(Sch. 4 item 41), substituted by No.13/2010 s.51(Sch. item 43).
medical practitioner means a person registered underthe Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);
S. 5 def. of professional boxing contest amended by No. 15/2001 s.5(e).
professional boxing contest means any contest or exhibition of boxing (including an exhibition of sparring)—
(a)that is conducted for profit; or
(b)in which the contestants participate for a monetary reward; or
(c)to which the public is admitted on the payment of a fee for admission, except if the fee is charged—
(i)for a public charitable purpose; or
s. 5
(ii)for an event that is organised by, or under the control of, an amateur boxing association recognised by the Minister under section 5A;
S. 5 def. of professional combat sport contest inserted by No. 15/2001 s.5(a).
professional combat sport contest means any contest or exhibition of a combat sport—
(a)that is conducted for profit; or
(b)in which the contestants participate for a monetary reward; or
(c)to which the public is admitted on the payment of a fee for admission, except if the fee is charged—
(i)for a public charitable purpose; or
(ii)for the purposes of the administration of an amateur combat sport association recognised by the Minister under section 5A;
S. 5 def. of professional contest amended by No. 15/2001 s.5(c).
professional contest means any professional boxing contest or professional combat sport contest;
s. 5
S. 5 def. of professional martial art contest repealed by No. 15/2001 s.5(f).
*****
S. 5 def. of professional contestant amended by No. 15/2001 s.5(c).
professional contestant means—
(a)a boxer who boxes in any professional boxing contest; or
(b)a person who competes in a professional combat sport contest;
promoter means any person who promotes a professional contest;
promotion means an event consisting of one or more professional contests and includes any preliminary arrangements in connection with such an event;
referee means a person who controls, or exercises any form of control, over the conduct of professional contestants during a professional contest;
S. 5 def. of timekeeper inserted by No. 11/2008 s.4(a).
timekeeper means a person who regulates the number and length of rounds, and the interval between rounds, of a professional contest;
trainer means a person who supervises the training or instruction of a professional contestant or who accompanies a professional contestant into the ring or on to the contest arena to give advice or assistance during a professional contest.
S. 5A
inserted by No. 15/2001 s.6.
5ARecognition of amateur associations
s. 5A
(1)The Minister may, by notice in writing—
(a)for the purposes of paragraph (c)(ii) in the definition of professional boxing contest, recognise an amateur boxing association;
(b)for the purposes of paragraph (c)(ii) in the definition of professional combat sport contest, recognise an amateur combat sport association.
(2)The Minister must not recognise an association under subsection (1) unless the Board has advised the Minister that the association is suitable for recognition.
(3)The Minister may withdraw the recognition of an association for the relevant purpose described in subsection (1) by notice in writing published in the same way that the notice granting the association recognition was published.
s. 5A
—————————
Pt 2 (Heading) amended by No. 11/2008 s.5.
Part II—Professional Contests
Division 1—Licences and permits
S. 6 (Heading) inserted by No. 11/2008 s.6(1).
6Board may license persons involved in professional contests
s. 6
S. 6(1) amended by Nos 36/1996 s.6(1), 11/2008 s.6(2).
(1)Any adult may apply to the Board for a licence or for its renewal to act as a promoter, trainer, match-maker, referee or judge.
(2)An application must be in the relevant prescribed form, must be accompanied by the prescribed fee and must set out—
(a)the nature and extent of the applicant's experience; and
(b)any other information prescribed in the regulations.
S. 6(3) substituted by No. 36/1996 s.6(2), amended by No. 11/2008 s.6(2).
(3)The Board must issue a licence to act as a promoter, trainer, match-maker, referee or judge to any person who satisfies the prerequisites required by the regulations for the issue of the licence.
S. 6(4) substituted by No. 36/1996 s.6(2), amended by No. 11/2008 s.6(2).
(4)The Board must renew the licence of any promoter, trainer, match-maker, referee or judge who satisfies the prerequisites required by the regulations for the renewal of the licence.
S. 6(5)(6) repealed by No. 36/1996 s.6(2).
*****
S. 7(Heading) inserted by No. 11/2008 s.7(1).
7Board may issue permit to conduct promotion
S. 7(1) amended by No. 11/2008 s.7(2).
(1)A licensed promoter may apply to the Board in the prescribed form for a permit to conduct a particular promotion.
S. 7(2) amended by Nos 36/1996 s.7(1), 11/2008 s.7(2).
(2)The Board may issue a permit to conduct the promotion on payment of the prescribed fee and if satisfied that the prescribed pre-requisites have been satisfied for the issue of the permit.
S. 7(3) substituted by No. 36/1996 s.7(2).
(3)A person must not conduct a promotion unless the person holds a permit issued under this section in relation to the promotion.
Penalty:120 penalty units or imprisonment for 12 months or both.
S. 8 substituted by No. 36/1996 s.8.
8Promoters, trainers, match-makers, referees and judges must hold a licence
s. 8
(1)A person must not act as a promoter, trainer, match-maker, referee or judge unless the person holds the appropriate licence issued under section6.
Penalty:120 penalty units or imprisonment for 12 months or both.
(2)However, the following people do not need to hold a licence—
S. 8(2)(a) amended by No. 15/2001 s.7(a).
(a)a person resident outside the Commonwealth who is nominated by a boxing body or combat sport body outside the Commonwealth to act as a referee or judge for a professional contest in Victoria;
(b)a trainer accompanying a licensed or registered professional contestant who resides outside the Commonwealth and who is in Victoria to compete in a professional contest;
(c)an adult who is licensed or registered as a trainer, match-maker, referee or judge in respect of professional contests in another State or Territory by a licensing authority.
S. 8(3) amended by No. 11/2008 s.8.
(3)Subsection (2) does not apply to a person who has been given a written notice by the Board stating that subsection (2) does not apply to the person.
9Licences and permits[2]
s. 9
S. 9(1) amended by No. 36/1996 s.9(1).
(1)A licence remains in force for 3 years and may be renewed.
S. 9(2) amended by No. 11/2008 s.9(1).
(2)A licence or permit may be subject to any conditions which the Board determines.
S. 9(2A) inserted by No. 11/2008 s.9(2).
(2A)It is a condition of each promoter's licence that the promoter must only engage persons whose names are on the list kept under section 13A to act as timekeepers for promotions.
(3)The conditions may be varied or revoked at any time.
S. 9(4) substituted by No. 11/2008 s.9(3).
(4)If the Board varies or revokes a condition to which a licence or permit is subject, the Board must, as soon as is practicable, give written notice of the variation or revocation to the holder of the licence or permit.
S. 9(5) substituted by No. 11/2008 s.9(3).
(5)The written notice must specify the grounds for the variation or revocation.
S. 9(6) repealed by No. 36/1996 s.9(2), news.9(6) inserted by No. 11/2008 s.9(3).
(6)The holder of a licence or permit under this Act must comply with any conditions that apply to the licence or permit.
S. 9A
inserted by No. 36/1996 s.10, substituted by No. 11/2008 s.10.
9AVariation, suspension or cancellation of licence or permit
s. 9A
(1)This section applies if a person who holds a licence or permit—
(a)is convicted of an offence against this Act or contravenes any provision of this Act or the regulations; or
(b)contravenes a provision of a law of another State or a Territory that corresponds with a provision of this Act or the regulations; or
(c)does, or omits to do, an act in another State or a Territory that would contravene this Act or the regulations; or
(d)contravenes a condition of the licence or permit.
(2)The Board may—
(a)vary the conditions on which the licence or permit was issued; or
(b)suspend the licence or permit for any period the Board considers appropriate; or
(c)cancel the licence or permit.
(3)If the Board cancels a person's licence or permit under subsection (2), the Board must disqualify the person from obtaining a further licence or permit for any period the Board considers appropriate.
(4)If the Board varies the conditions of, or suspends or cancels, a licence or permit under this section, the Board must advise the holder of the licence or permit of the variation, suspension or cancellation orally or in writing.
(5)If the Board gives the holder of a licence or permit oral notice under subsection (4), the Board must, as soon as is practicable, give written notice of the variation, suspension or cancellation.
(6)The written notice must specify the grounds for the variation, suspension or cancellation.
Division 2—Registration
S. 10 substituted by No. 36/1996 s.11.
10Person must not compete in a professional contest unless registered[3]
s. 10
(1)A person must not compete in a professional contest unless he or she is currently registered to compete in professional contests of that nature as a professional contestant.
Penalty:120 penalty units or imprisonment for 12 months or both.
(2)However, an adult who is registered or licensed as a professional contestant in another State or Territory by a licensing authority is not required to be registered under this Act.
S. 10(3) amended by No. 11/2008 s.11.
(3)Subsection (2) does not apply to a person who has been given a written notice by the Board stating that subsection (2) does not apply to the person.
S. 10A inserted by No. 36/1996 s.11.
10AApplication for registration as a professional contestant
S. 10A(1) amended by No. 11/2008 s.12(1).
(1)A person may apply to the Board to be registered as a professional contestant or to have his or her registration renewed.
(2)An application—
(a)must be in the form set out in the regulations; and
S. 10A(2)(b) repealed by No. 15/2001 s.8(1).
*****
s. 10A
(c)must be accompanied by the fee required by the regulations; and
S. 10A(2)(d) amended by No. 15/2001 s.8(2).
(d)must be accompanied by a certificate of fitness for participation in professional contests signed by a medical practitioner and given within 14 days before the application is submitted.
S. 10A(3) amended by No. 11/2008 s.12(1)(2).
(3)The Board must register, or renew the registration of, a person as a professional contestant if the person is an adult and complies with subsection (2) and satisfies any relevant prerequisites required by this Act orthe regulations.
S. 10A(3A) inserted by No. 11/2008 s.12(3).
(3A)The registration of a person as a professional contestant may be subject to any conditions that the Board determines.
S. 10A(3B) inserted by No. 11/2008 s.12(3).
(3B)The conditions may be varied or revoked by the Board at any time.
S. 10A(3C) inserted by No. 11/2008 s.12(3).
(3C)If the Board varies or revokes a condition to which a person's registration is subject, the Board must, as soon as is practicable, give written notice of the variation or revocation to the person.
S. 10A(3D) inserted by No. 11/2008 s.12(3).
(3D)The written notice must specify the grounds for the variation or revocation.
(4)Registration remains in force for 3 years and may be renewed.
S. 10B inserted by No. 36/1996 s.11, substituted by No. 11/2008 s.13.
10BCancellation or suspension of registration
s. 10B
(1)This section applies if—
(a)the Board is notified under section 12 that a registered professional contestant is unfit to engage in professional contests generally; or
(b)the Board considers, having regard to the level of professional skills of a registered professional contestant, that it is not in the interests of the health or safety of the contestant to engage in professional contests; or
(c)a registered professional contestant—
(i)is convicted of an offence against this Act or contravenes any provision of this Act or the regulations; or
Example
Failure to present for a medical examination before or after a professional contest as required by section12.
(ii)contravenes any provision of a law of another State or Territory that corresponds with a provision of this Act or the regulations; or
(iii)contravenes any conditions imposed on the contestant's registration under this Act.
(2)The Board—
(a)must cancel or suspend the contestant's registration if subsection (1)(a) or (1)(b) applies; and
(b)may cancel or suspend the contestant's registration if subsection (1)(c)(i), (ii) or (iii) applies.
(3)If the Board cancels a contestant's registration under subsection (2), the Board must disqualify the person from being reregistered as a professional contestant for any period the Board considers appropriate.
(4)If the Board suspends a contestant's registration under subsection (2), the registration is suspended—
(a)if the suspension is because the contestant is unfit under subsection (1)(a), until the contestant is able to satisfy the Board that he or she is fit to engage in professional contests under section10C; or
(b)if the suspension is because the contestant lacks the required level of professional skills under subsection (1)(b), until the contestant is able to satisfy the Board that he or she has the level of professional skills required to engage in professional contests; or
s. 10B
(c)if the suspension is because subsection (1)(c)(i), (ii) or (iii) applies to the contestant, for a period the Board considers appropriate.
(5)In considering the level of a contestant's professional skills, the Board must have regard to—
(a)the contestant's defensive skills, including evasive skills and speed of reaction; and
(b)the contestant's mobility and ring generalship; and
(c)the contestant's strategic and tactical awareness; and
(d)the contestant's endurance and stamina; and
(e)any other factor the Board considers relevant to the contestant's ability to defend himself or herself in professional contests.
(6)If the Board suspends or cancels a contestant's registration under this section, the Board must advise the contestant of the suspension or cancellation orally or in writing.
(7)If the Board gives a contestant oral notice under subsection (6), the Board must, as soon as is practicable, give the contestant written notice of the suspension or cancellation.
(8)The written notice must specify the grounds for the suspension or cancellation.
S. 10C (Heading) inserted by No. 11/2008 s.14(1).
S. 10C inserted by No. 36/1996 s.11, amended by Nos 15/2001 s.8(2), 11/2008 s.14(2)(3).
10CRestriction on re-registration of previously unfit professional contestant
s. 10C
If a person's registration as a professional contestant has been cancelled or suspended under section 10B(2) on the grounds referred to in section 10B(1)(a), the Board must not re-register, or remove the suspension of, the person unless the person gives the Board 2 certificates of fitness for participation in professional contests signed by different medical practitioners and each given within 7 days before the application for re-registration or removal of the suspension is submitted.
Pt 2 Div. 3 (Heading and ss 11, 12) amended by Nos 23/1994 s.118(Sch. 1 item 44.2), 36/1996 ss12,13, substituted as Pt2 Div.3 (Heading and s.12) by No.11/2008 s.15.
Division 3—Medical examinations and fitness tests
S. 12 substituted by No.11/2008 s.15.
12Compulsory medical examinations and fitness tests
s. 12
(1)A professional contestant must present himself or herself to a medical practitioner—
(a)for a medical examination—
(i)within 24 hours before, and within 24hours after, a professional contest; and
(ii)at any other time before a professional contest as directed by the Board; and
(b)for a medical examination or a fitness test at any other time as required by the regulations.
(2)A medical practitioner who conducts a medical examination or fitness test for the purposes of this section must conduct the examination or test, and record the results, in accordance with the regulations.
Penalty:120 penalty units or imprisonment for 12 months or both.
(3)If, after conducting the medical examination or fitness test, the medical practitioner finds the professional contestant is unfit to compete in a particular professional contest or professional contests generally, the medical practitioner must—
(a)declare the professional contestant to be unfit; and
(b)as soon as is practicable, give notice of the declaration to—
(i)the contestant; and
(ii)the Board; and
(iii)if the declaration is in respect of a particular professional contest, the promoter of that contest; and
(c)complete and forward to the Board a report in writing about the medical examination or fitness test.
Penalty:120 penalty units or imprisonment for 12months or both.
(4)A contestant must not compete in a professional contest if a medical practitioner has declared the contestant unfit under this section until the contestant is declared fit in accordance with this Act or the regulations.
(5)A person who is not required to be registered under this Act because the person is registered or licensed in another State or Territory must comply with this section as if the person were registered under this Act.