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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia Professional Combat Sports Amendment Bill 2009 CONTENTS 1. Short title 2 2. Commencement 2 3. Act amended 2 4. Long title amended 2 5. Section 1 amended 2 6. Section 3 amended 2 7. Part II heading replaced 4 Part II -- Combat Sports Commission 8. Section 4 amended 4 9. Section 5 amended 5 10. Section 8 amended 5 11. Section 10 amended 5 12. Section 12 amended 6 13. Section 16 replaced 6 16. Applying for registration 6 14. Section 17 replaced 7 17. Registering contestants 7 15. Section 18 replaced 8 18. Certificate of registration 8 16. Section 19 replaced 9 19. Term of registration and application for renewal 9 17. Section 20 replaced 9 20. Renewal of registration 9 18. Section 21 replaced 10 21. Commission's powers to ensure health and safety of contestants 10 19. Section 22 deleted 11 20. Section 23 replaced 11 23. Disciplinary powers against contestants 11 074--2 page i Professional Combat Sports Amendment Bill 2009 Contents 21. Section 24A inserted 12 24A. Cancelling registration on contestant's request 12 22. Section 24 amended 12 23. Section 25A inserted 12 25A. Commission may vary or cancel conditions and restrictions 12 24. Section 25 deleted 13 25. Section 26 replaced 13 26. Register of industry participants 13 26. Sections 27 and 28 replaced 13 27. Applying to be registered 13 28. Registering industry participants 14 27. Section 29 replaced 14 29. Certificate of registration 14 28. Section 30 replaced 15 30. Term of registration 15 29. Section 31 amended 15 30. Section 32 amended 15 31. Section 33A inserted 16 33A. Disciplinary powers 16 32. Section 33 replaced 17 33. Offence 17 33. Section 34A inserted 17 34A. Commission may cancel or vary conditions or restrictions 17 34. Part V deleted 17 35. Part VI heading replaced 18 Part VI -- Contestant record books 36. Section 35 replaced 18 35. Books to be issued to registered contestants 18 37. Section 36 replaced 19 36. Altering books 19 38. Section 37 deleted 19 39. Section 38 replaced 20 38. Damaging books 20 40. Section 39 replaced 20 39. Surrender of books 20 41. Section 40 amended 20 42. Section 41 replaced 21 41. Issuing additional books 21 43. Section 42 replaced 21 42. Replacing books 21 page ii Professional Combat Sports Amendment Bill 2009 Contents 44. Section 44 replaced 21 44. Applying for permits to conduct contests 21 45. Section 45 replaced 22 45. Issuing permits for contests 22 46. Section 47AA and 47A inserted 23 47AA. Commission may require information 23 47A. Suspending or cancelling a permit 24 47. Section 47 amended 25 48. Section 48A inserted 26 48A. Sham contests, inquiries into 26 49. Section 48 replaced 28 48. Pre-contest weigh-ins 28 49A. Pre-contest medical examinations 29 50. Section 49 amended 30 51. Section 50 replaced 30 50. Contestants not to compete without weigh-in and medical examination 30 52. Section 51 amended 31 53. Section 52 replaced 32 52. Record of contest 32 54. Part VIIIA inserted 33 Part VIIIA -- Review 53A. Review by State Administrative Tribunal 33 55. Section 53 replaced 33 53. False or misleading information 33 56. Sections 54A and 54B inserted 34 54A. Commission may get information from WA Police 34 54B. Confidential police information 34 57. Section 54 replaced 36 54. Refusing applications, imposing or varying conditions etc. and suspending or cancelling registrations, procedure for 36 58. Section 56 deleted 37 59. Section 58 replaced 37 58. Evidentiary certificates 37 60. Section 62A inserted 38 62A. Rules for contests 38 61. Section 62 amended 39 page iii Western Australia LEGISLATIVE ASSEMBLY (As amended during consideration in detail) Professional Combat Sports Amendment Bill 2009 A Bill for An Act to amend the Professional Combat Sports Act 1987. The Parliament of Western Australia enacts as follows: page 1 Professional Combat Sports Amendment Bill 2009 s. 1 1 1. Short title 2 This is the Professional Combat Sports Amendment Act 2009. 3 2. Commencement 4 This Act comes into operation as follows -- 5 (a) sections 1 and 2 -- on the day on which this Act 6 receives the Royal Assent; 7 (b) the rest of the Act -- on a day fixed by proclamation, 8 and different days may be fixed for different provisions. 9 3. Act amended 10 This Act amends the Professional Combat Sports Act 1987. 11 4. Long title amended 12 In the long title delete "professional". 13 5. Section 1 amended 14 In section 1 delete "Professional ". 15 6. Section 3 amended 16 (1) In section 3 delete the definitions of: 17 contest 18 contestant 19 industry participant 20 professional combat sport 21 sham contest 22 (2) In section 3 insert in alphabetical order: 23 24 capacity, in relation to an industry participant, means a 25 capacity prescribed for the purposes of the definition of 26 industry participant in this section; page 2 Professional Combat Sports Amendment Bill 2009 s. 6 1 contest means a contest or exhibition of a combat 2 sport -- 3 (a) that is organised, arranged or promoted for 4 profit; or 5 (b) that is conducted for public entertainment; or 6 (c) to which the public is invited, 7 unless it is prescribed not to be a contest for the 8 purposes of this Act; 9 contestant means a person who participates in a 10 contest, whether for reward or not; 11 industry participant means a person who, otherwise 12 than as a contestant, is involved, in a capacity that is 13 prescribed, in conducting or assisting to conduct a 14 contest; 15 medical practitioner means a person registered under 16 the Health Practitioner Regulation National Law 17 (Western Australia) in the medical profession; 18 prescribed means prescribed by the regulations; 19 sham contest means a contest -- 20 (a) during the whole or a part of which any 21 contestant is, for any reason, including an 22 injury or illness, or a bribe, promise or threat by 23 another person, not competing to the best of his 24 or her ability; or 25 (b) the result of which is arranged by the 26 contestants or by a person involved in 27 controlling, judging or promoting the contest. 28 29 (3) In section 3 in the definition of combat sport delete 30 paragraph (b) and insert: 31 32 (b) any other martial art, sport or activity that 33 involves 2 or more participants whose primary page 3 Professional Combat Sports Amendment Bill 2009 s. 7 1 objective is to do any or any combination of the 2 following -- 3 (i) grapple with, punch, kick or throw each 4 other; or 5 (ii) strike or hit each other, whether or not 6 with a weapon, 7 unless it is prescribed not to be a combat sport 8 for the purposes of this Act; 9 10 7. Part II heading replaced 11 Delete the heading to Part II and insert: 12 13 Part II -- Combat Sports Commission 14 15 8. Section 4 amended 16 (1) In section 4(1) delete "Professional". 17 (2) After section 4(1) insert: 18 19 (2A) The Commission is a continuation of the body 20 previously called the "Professional Combat Sports 21 Commission" and the "Western Australian Boxing 22 Commission". 23 24 (3) In section 4(2): 25 (a) delete "8 members" and insert: 26 27 9 members 28 29 (b) in paragraph (a) delete "7 persons" and insert: 30 31 8 persons 32 page 4 Professional Combat Sports Amendment Bill 2009 s. 9 1 (c) delete paragraph (a)(iii) and insert: 2 3 (iii) one person shall be a medical 4 practitioner who in the opinion of the 5 Minister has knowledge of injuries 6 suffered by contestants; 7 8 (d) in paragraph (a)(vi) delete "boxing; and" and insert: 9 10 boxing; 11 12 (e) after paragraph (a)(vii) insert: 13 14 (viii) one person shall be a person who in the 15 opinion of the Minister has knowledge 16 of the industry relating to combat sports 17 known as mixed martial arts; 18 19 9. Section 5 amended 20 In section 5(1)(e) delete "Governor" and insert: 21 22 Minister 23 24 10. Section 8 amended 25 In section 8(4) delete "3 members" and insert: 26 27 5 members 28 29 11. Section 10 amended 30 (1) In section 10(1): 31 (a) in paragraphs (b) and (c) delete "professional" (each 32 occurrence); page 5 Professional Combat Sports Amendment Bill 2009 s. 12 1 (b) in paragraph (d) delete "a professional combat sport." 2 and insert: 3 4 contests. 5 6 (2) In section 10(2) delete "professional" (each occurrence). 7 12. Section 12 amended 8 (1) In section 12(1) delete "Professional". 9 (2) After section 12(1) insert: 10 11 (2A) The Combat Sports Commission Account is a 12 continuation of the account previously called the 13 "Professional Combat Sports Commission Account" 14 and the "Western Australian Boxing Commission 15 Account". 16 17 13. Section 16 replaced 18 Delete section 16 and insert: 19 20 16. Applying for registration 21 (1) A person who desires to be registered as a contestant 22 must apply to the Commission to be registered. 23 (2) An application made under subsection (1) must -- 24 (a) be in a form approved by the Commission; and 25 (b) be accompanied by any medical information 26 about the applicant that is prescribed; and 27 (c) be accompanied by the prescribed fee. page 6 Professional Combat Sports Amendment Bill 2009 s. 14 1 (3) The Commission may ask the applicant to give the 2 Commission any additional information the 3 Commission needs to decide an application under 4 section 17. 5 (4) The Commission may refuse to decide an application 6 until it has received the information it needs to decide 7 the application under section 17. 8 9 14. Section 17 replaced 10 Delete section 17 and insert: 11 12 17. Registering contestants 13 (1) If on an application made under section 16 the 14 Commission is satisfied -- 15 (a) the applicant -- 16 (i) is a fit and proper person; and 17 (ii) has reached the age prescribed for the 18 prescribed class of contestant for which 19 registration is sought; and 20 (iii) is medically and physically fit to be 21 registered as a contestant in that class; 22 and 23 (iv) understands the duties that this Act will 24 impose on the applicant if the 25 application is granted; 26 and 27 (b) there is no reason, in the interests of the health 28 and safety of the applicant or of any contestant 29 with whom the applicant might participate in a 30 contest, not to do so, page 7 Professional Combat Sports Amendment Bill 2009 s. 15 1 the Commission must register the applicant as a 2 contestant in the prescribed class of contestant for 3 which registration is sought. 4 (2) If the Commission is satisfied an applicant has not 5 attained the prescribed age required by 6 subsection (1)(a)(ii) but otherwise complies with the 7 requirements of subsection (1), the Commission may 8 recommend to the Minister that the applicant be 9 registered and the Minister may direct and authorise 10 the Commission to register the applicant in terms of the 11 recommendation or in such other terms as the Minister 12 determines. 13 (3) When registering a contestant, the Commission may 14 impose such conditions or restrictions on the contestant 15 as it thinks fit. 16 17 15. Section 18 replaced 18 Delete section 18 and insert: 19 20 18. Certificate of registration 21 The Commission shall issue a person registered as a 22 contestant a certificate of registration, in a form 23 approved by the Commission, stating -- 24 (a) that the person is registered as a contestant; and 25 (b) the conditions and restrictions (if any) that 26 apply in relation to the person as a contestant. 27 page 8 Professional Combat Sports Amendment Bill 2009 s. 16 1 16. Section 19 replaced 2 Delete section 19 and insert: 3 4 19. Term of registration and application for renewal 5 (1) A certificate of registration issued under section 18 to a 6 person has effect for 3 years as from and including the 7 date of the certificate unless it is cancelled or 8 suspended. 9 (2) A person who is registered as a contestant may apply to 10 the Commission for the renewal of the person's 11 registration. 12 (3) An application made under subsection (2) must -- 13 (a) be in a form approved by the Commission; and 14 (b) be accompanied by any medical information 15 about the applicant that is prescribed; and 16 (c) be accompanied by the prescribed fee. 17 18 17. Section 20 replaced 19 Delete section 20 and insert: 20 21 20. Renewal of registration 22 (1) If on an application made under section 19 the 23 Commission is satisfied -- 24 (a) the applicant -- 25 (i) is a fit and proper person; and 26 (ii) is medically and physically fit to be 27 registered as a contestant in that class; 28 and page 9 Professional Combat Sports Amendment Bill 2009 s. 18 1 (iii) has complied with any conditions and 2 restrictions imposed on the applicant 3 under this Part; and 4 (iv) understands the duties that this Act will 5 impose on the applicant if the 6 application is granted; 7 and 8 (b) there is no reason, in the interests of the health 9 and safety of the applicant or of any contestant 10 with whom the applicant might participate in a 11 contest, not to do so, 12 the Commission must renew the applicant's 13 registration as a contestant in the class sought in the 14 application. 15 (2) When renewing a contestant's registration, the 16 Commission may impose such conditions or 17 restrictions on the contestant as it thinks fit. 18 19 18. Section 21 replaced 20 Delete section 21 and insert: 21 22 21. Commission's powers to ensure health and safety of 23 contestants 24 If the Commission is of the opinion that it is in the 25 interests of the health and safety of a contestant, or of 26 any other contestant with whom that contestant might 27 participate in a contest, the Commission may -- 28 (a) cancel or suspend the contestant's registration 29 as a contestant; or 30 (b) impose any conditions or restrictions on the 31 contestant it thinks fit; or page 10 Professional Combat Sports Amendment Bill 2009 s. 19 1 (c) vary or cancel any condition or restriction 2 imposed on the contestant under this Act. 3 4 19. Section 22 deleted 5 Delete section 22. 6 20. Section 23 replaced 7 Delete section 23 and insert: 8 9 23. Disciplinary powers against contestants 10 If the Commission -- 11 (a) is of the opinion a registered contestant -- 12 (i) is not a fit and proper person; or 13 (ii) has committed an offence against this 14 Act; or 15 (iii) has not complied with any condition or 16 restriction imposed on him or her under 17 this Act; 18 or 19 (b) after conducting an inquiry under section 48A, 20 is of the opinion a registered contestant has 21 participated in a sham contest, 22 the Commission may do any of the following -- 23 (c) vary or cancel any condition or restriction 24 imposed on the contestant under this Part; 25 (d) impose any conditions or restrictions on the 26 contestant it thinks fit; 27 (e) cancel or suspend the registration of that person 28 as a contestant. 29 page 11 Professional Combat Sports Amendment Bill 2009 s. 21 1 21. Section 24A inserted 2 After section 23 insert: 3 4 24A. Cancelling registration on contestant's request 5 The Commission must cancel the registration of a 6 contestant if the contestant asks the Commission to do 7 so. 8 9 22. Section 24 amended 10 In section 24 delete the Penalty and insert: 11 12 Penalty: a fine of $6 000. 13 14 23. Section 25A inserted 15 At the end of Part III insert: 16 17 25A. Commission may vary or cancel conditions and 18 restrictions 19 The Commission may at any time vary or cancel a 20 condition or restriction imposed under this Part in 21 respect of the registration of a contestant or impose any 22 condition or restriction on the registration of a 23 contestant that it thinks fit. 24 page 12 Professional Combat Sports Amendment Bill 2009 s. 24 1 24. Section 25 deleted 2 Delete section 25. 3 25. Section 26 replaced 4 Delete section 26 and insert: 5 6 26. Register of industry participants 7 The Commission shall cause to be kept a register of 8 industry participants in which are recorded -- 9 (a) the name and address of each person registered 10 as an industry participant; and 11 (b) the capacity in which he or she is registered as 12 an industry participant; and 13 (c) any prescribed particulars. 14 15 26. Sections 27 and 28 replaced 16 Delete sections 27 and 28 and insert: 17 18 27. Applying to be registered 19 (1) A person who desires to be registered as an industry 20 participant must apply to the Commission to be 21 registered. 22 (2) Only a natural person can apply to be registered as an 23 industry participant. 24 (3) An application made under subsection (1) must -- 25 (a) be in a form approved by the Commission; and 26 (b) be accompanied by the prescribed fee. page 13 Professional Combat Sports Amendment Bill 2009 s. 27 1 (4) The Commission may ask the applicant to give the 2 Commission any additional information the 3 Commission needs to decide an application under 4 section 28. 5 (5) The Commission may refuse to decide an application 6 until it has received the information it needs to decide 7 the application under section 28. 8 28. Registering industry participants 9 (1) If on an application made under section 27 the 10 Commission is satisfied the applicant -- 11 (a) is a fit and proper person; and 12 (b) understands the duties that this Act will impose 13 on the applicant if the application is granted, 14 the Commission must register the applicant as an 15 industry participant in the terms sought in the 16 application. 17 (2) When registering an industry participant, the 18 Commission may impose such conditions and 19 restrictions in relation to the participant as the 20 Commission thinks fit. 21 22 27. Section 29 replaced 23 Delete section 29 and insert: 24 25 29. Certificate of registration 26 The Commission shall issue a person registered as an 27 industry participant a certificate of registration, in a 28 form approved by the Commission, stating -- 29 (a) that the person is registered as an industry 30 participant; and page 14 Professional Combat Sports Amendment Bill 2009 s. 28 1 (b) the capacity in which he or she is registered as 2 an industry participant; and 3 (c) the conditions and restrictions (if any) that 4 apply in relation to the person as an industry 5 participant. 6 7 28. Section 30 replaced 8 Delete section 30 and insert: 9 10 30. Term of registration 11 A certificate of registration issued under section 29 to a 12 person has effect for 3 years as from and including the 13 date of the certificate unless it is cancelled or 14 suspended. 15 16 29. Section 31 amended 17 Delete section 31(1) and insert: 18 19 (1) A person who is registered as an industry participant 20 may apply to the Commission for the renewal of the 21 person's registration. 22 23 30. Section 32 amended 24 Delete section 32(1) and insert: 25 26 (1) If on an application made under section 31 the 27 Commission is satisfied the applicant -- 28 (a) is a fit and proper person; and 29 (b) has complied with the conditions and 30 restrictions imposed on the applicant under this 31 Part; and page 15 Professional Combat Sports Amendment Bill 2009 s. 31 1 (c) understands the duties that this Act will impose 2 on the applicant if the application is granted, 3 the Commission must renew the applicant's 4 registration as an industry participant in the terms 5 sought in the application. 6 7 31. Section 33A inserted 8 After section 32 insert: 9 10 33A. Disciplinary powers 11 If the Commission -- 12 (a) is of the opinion a registered industry 13 participant -- 14 (i) is not a fit and proper person; or 15 (ii) has committed an offence against this 16 Act; or 17 (iii) has not complied with any condition or 18 restriction imposed on the person under 19 this Part; 20 or 21 (b) after conducting an inquiry under section 48A, 22 is of the opinion a registered industry 23 participant has participated in a sham contest, 24 the Commission may do any of the following -- 25 (c) vary or cancel any condition or restriction 26 imposed on the participant under this Part; 27 (d) impose any conditions or restrictions on the 28 participant it thinks fit; 29 (e) cancel or suspend the registration of that person 30 as an industry participant. 31 page 16 Professional Combat Sports Amendment Bill 2009 s. 32 1 32. Section 33 replaced 2 Delete section 33 and insert: 3 4 33. Offence 5 A person must not be involved in the conduct of a 6 contest in a capacity that is prescribed for the purposes 7 of the definition in section 3 of industry participant 8 unless he or she is registered as an industry participant 9 in that capacity. 10 Penalty: 11 (a) for a first offence, a fine of $2 000; 12 (b) for a subsequent offence, a fine of $10 000. 13 14 33. Section 34A inserted 15 After section 33 insert: 16 17 34A. Commission may cancel or vary conditions or 18 restrictions 19 The Commission may at any time vary or cancel a 20 condition or restriction imposed under this Part in 21 respect of the registration of an industry participant or 22 impose any condition or restriction on the registration 23 of an industry participant that it thinks fit. 24 25 34. Part V deleted 26 Delete Part V. page 17 Professional Combat Sports Amendment Bill 2009 s. 35 1 35. Part VI heading replaced 2 Delete the heading to Part VI and insert: 3 4 Part VI -- Contestant record books 5 6 36. Section 35 replaced 7 Delete section 35 and insert: 8 9 35. Books to be issued to registered contestants 10 (1) The Commission, on the first registration of a person as 11 a contestant, must issue the person a contestant record 12 book, in a form approved by the Commission, that -- 13 (a) states -- 14 (i) such personal details about the 15 contestant as are prescribed; and 16 (ii) such information about the registration 17 of the contestant as is prescribed; 18 and 19 (b) provides for the recording of -- 20 (i) such other information about the 21 registration of the contestant as is 22 prescribed; and 23 (ii) such medical information about the 24 contestant as is prescribed; and 25 (iii) such information about the contests in 26 which the contestant participates as is 27 prescribed. page 18 Professional Combat Sports Amendment Bill 2009 s. 37 1 (2) If a person, having been registered as a contestant -- 2 (a) ceases, for any period, to be so registered; and 3 (b) is, after the registration ceases, again registered 4 as a contestant, 5 the Commission must issue the person a contestant 6 record book that -- 7 (c) conforms with subsection (1); and 8 (d) contains the same information as was contained 9 in any contestant record book or other book 10 previously issued under this Act to that person. 11 12 37. Section 36 replaced 13 Delete section 36 and insert: 14 15 36. Altering books 16 (1) A person shall not enter or alter information in a 17 contestant record book unless the person is authorised 18 to do so under this Act. 19 (2) A person who enters or alters information in a 20 contestant record book must initial the book 21 immediately adjacent to the information. 22 Penalty: a fine of $6 000. 23 24 38. Section 37 deleted 25 Delete section 37. page 19 Professional Combat Sports Amendment Bill 2009 s. 39 1 39. Section 38 replaced 2 Delete section 38 and insert: 3 4 38. Damaging books 5 A person must not wilfully damage or deface a 6 contestant record book. 7 Penalty: a fine of $6 000. 8 9 40. Section 39 replaced 10 Delete section 39 and insert: 11 12 39. Surrender of books 13 If under Part III the registration of a contestant is not 14 renewed by the Commission, is cancelled or is 15 suspended, the contestant must give his or her 16 contestant record book to the Commission within 7 17 days after being notified of the fact. 18 Penalty: a fine of $500. 19 20 41. Section 40 amended 21 In section 40 delete "medical record book to a" and insert: 22 23 contestant's contestant record book to the 24 page 20 Professional Combat Sports Amendment Bill 2009 s. 42 1 42. Section 41 replaced 2 Delete section 41 and insert: 3 4 41. Issuing additional books 5 If a contestant's contestant record book is full, the 6 Commission must issue the contestant another 7 contestant record book that conforms with 8 section 35(1). 9 10 43. Section 42 replaced 11 Delete section 42 and insert: 12 13 42. Replacing books 14 If a contestant satisfies the Commission that his or her 15 contestant record book has been spoilt, lost or 16 destroyed the Commission must, on payment of the 17 prescribed fee, issue the contestant a duplicate 18 contestant record book, stamped with the word 19 "Duplicate". 20 21 44. Section 44 replaced 22 Delete section 44 and insert: 23 24 44. Applying for permits to conduct contests 25 (1) A person who desires to conduct a contest must apply 26 to the Commission for a permit for the contest. 27 (2) An application made under subsection (1) must -- 28 (a) be in a form approved by the Commission; and page 21 Professional Combat Sports Amendment Bill 2009 s. 45 1 (b) include the names of each person who will 2 participate in the contest; and 3 (c) include any prescribed information; and 4 (d) be made not less than 42 days before the 5 proposed date of the contest unless the 6 Commission allows otherwise; and 7 (e) be accompanied by the prescribed fee. 8 (3) The Commission may ask the applicant to give the 9 Commission any additional information the 10 Commission needs to decide an application under 11 section 45. 12 (4) The Commission may refuse to decide an application 13 until it has received the information it needs to decide 14 the application under section 45. 15 16 45. Section 45 replaced 17 Delete section 45 and insert: 18 19 45. Issuing permits for contests 20 (1) If on an application made under section 44 the 21 Commission is satisfied -- 22 (a) that any requirement that, under the regulations, 23 must be complied with before a permit can be 24 issued has been complied with; and 25 (b) that the requirements under this Act as they 26 apply in relation to the contest referred to in the 27 application will be complied with, 28 the Commission may issue a permit for the contest. 29 (2) The Commission may issue a permit for a contest 30 subject to any terms, conditions and restrictions the 31 Commission thinks fit. page 22 Professional Combat Sports Amendment Bill 2009 s. 46 1 (3) A permit issued for a contest must include the 2 following information -- 3 (a) the date, time and place of the contest; 4 (b) the name of each person who will participate in 5 the contest; 6 (c) any terms, conditions or restrictions imposed 7 under subsection (2); 8 (d) any other information that is prescribed. 9 (4) The Commission may refuse to issue a permit for a 10 contest if it is of the opinion that it is necessary to do so 11 in the interests of the health and safety of any person 12 who would participate in the contest if the permit were 13 issued. 14 (5) The Commission, on the application of the holder of 15 the permit or on its own initiative, may at any time 16 vary a permit for a contest. 17 18 46. Section 47AA and 47A inserted 19 After section 46 insert: 20 21 47AA. Commission may require information 22 (1) At any time after it issues a permit under section 45 for 23 a contest and before the contest has taken place, the 24 Commission, by giving the person a written notice, 25 may require any or all of these persons -- 26 (a) the person who holds the permit; 27 (b) a person who will participate in the contest; 28 (c) a person who will be involved in conducting 29 the contest, 30 to give the Commission the information specified in 31 the notice, being information relevant to the contest. page 23 Professional Combat Sports Amendment Bill 2009 s. 46 1 (2) A person given a notice under subsection (1) must obey 2 it. 3 Penalty: a fine of $6 000. 4 47A. Suspending or cancelling a permit 5 (1) The Commission, at any time before or during a 6 contest for which a permit has been issued under 7 section 45, may suspend or cancel the permit if it is 8 satisfied -- 9 (a) that any term, condition or restriction to which 10 the permit is subject has not or is not being 11 complied with; or 12 (b) that it is in the interests of the health or safety 13 of any contestant in the contest to do so; or 14 (c) that the contest will be or is a sham contest. 15 (2) Before it suspends or cancels a permit, the Commission 16 must give the permit holder a reasonable opportunity to 17 be heard unless, in the time needed to do so, the health 18 or safety of any contestant in the contest may be 19 jeopardised. 20 (3) To suspend or cancel a permit, a person authorised by 21 the Commission, or a member, must give the permit 22 holder, or the referee of the contest, oral or written 23 notice -- 24 (a) that the Commission has suspended or 25 cancelled the permit, as the case requires; and 26 (b) if the permit is suspended, of the term of the 27 suspension, whether by referring to an event 28 that may occur or to a period of time. 29 (4) If oral notice is given to a person under subsection (3), 30 written confirmation of the notice must be given to the 31 person within 7 days after the date on which the oral 32 notice was given. page 24 Professional Combat Sports Amendment Bill 2009 s. 47 1 (5) If a permit is suspended, the Commission may at any 2 time cancel the suspension for good reason. 3 (6) A written notice or a written confirmation of a notice 4 given orally under subsection (3) must state the reasons 5 for suspending or cancelling the permit. 6 7 47. Section 47 amended 8 (1) Delete section 47(1) and (2) and insert: 9 10 (1) A person must not conduct a contest unless a permit 11 has been issued under this Part for the contest. 12 Penalty: a fine of $12 000. 13 (2A) A person must not conduct a contest the permit for 14 which is suspended or has been cancelled under 15 section 47A. 16 Penalty: a fine of $12 000. 17 (2B) A person who conducts a contest for which a permit 18 has been issued under this Part must comply with any 19 term, condition or restriction to which the permit is 20 subject. 21 Penalty: a fine of $12 000. 22 (2) A person must not -- 23 (a) agree to participate, whether as a contestant, 24 judge or referee or in some other capacity, in a 25 contest that he or she knows will be a sham 26 contest; or 27 (b) participate, whether as a contestant, judge or 28 referee or in some other capacity, in a contest 29 that he or she knows is a sham contest; or 30 (c) be involved in any capacity in organising, 31 arranging, promoting or conducting a contest page 25 Professional Combat Sports Amendment Bill 2009 s. 48 1 that he or she knows will be or is a sham 2 contest. 3 Penalty: a fine of $12 000. 4 5 (2) Delete section 47(3) to (6) and insert: 6 7 (3) A referee of a contest who, knowing it is a sham 8 contest, does not stop it or gives a decision in it 9 commits an offence. 10 Penalty: a fine of $12 000. 11 (4) A judge of a contest who, knowing it is a sham contest, 12 gives a decision in it commits an offence. 13 Penalty: a fine of $12 000. 14 (5) A judge or referee of a contest who suspects it will be 15 or is a sham contest must report the matter in writing to 16 the Commission as soon as practicable. 17 Penalty: a fine of $12 000. 18 19 48. Section 48A inserted 20 After section 47 insert: 21 22 48A. Sham contests, inquiries into 23 (1) If the Commission is of the opinion (whether or not as 24 a result of a report made by the referee of the contest) 25 that a contest is a sham contest the Commission shall 26 inquire into the promotion, arrangement and conduct of 27 the contest. page 26 Professional Combat Sports Amendment Bill 2009 s. 48 1 (2) If after its inquiry the Commission is satisfied on the 2 balance of probabilities that a contest is a sham contest, 3 it -- 4 (a) may order any person who is legally required to 5 pay money or money's worth to a contestant for 6 participating in the contest not to pay the 7 contestant without the written consent of the 8 Commission; and 9 (b) may order that an amount of money not more 10 than the money or money's worth (if any) paid 11 or payable to a contestant or industry 12 participant who, in the opinion of the 13 Commission, has participated in, or been 14 involved in any capacity in conducting, the 15 contest be paid to the Commission. 16 (3) Nothing in subsection (2) prevents a person from being 17 prosecuted for an offence under section 47 or prevents 18 proceedings being taken under section 23 or 33A. 19 (4) A person given an order made under subsection (2)(a) 20 must obey it. 21 Penalty: a fine of $12 000. 22 (5) If the Commission makes an order under subsection 23 (2)(b), the Commission may recover the amount 24 ordered to be paid to the Commission in a court of 25 competent jurisdiction as a debt due to the 26 Commission. 27 page 27 Professional Combat Sports Amendment Bill 2009 s. 49 1 49. Section 48 replaced 2 Delete section 48 and insert: 3 4 48. Pre-contest weigh-ins 5 (1) Before a contest occurs each person intending to 6 participate in the contest must attend and submit to a 7 weigh-in. 8 (2) The following provisions apply to a weigh-in referred 9 to in subsection (1) -- 10 (a) the weigh-in shall take place at the time and 11 place approved by the Commission; 12 (b) the weigh-in shall take place within 24 hours 13 before the contest; 14 (c) in addition to the persons intending to 15 participate, the following persons shall be 16 present -- 17 (i) the person who holds the permit for the 18 contest or that person's agent; 19 (ii) a person appointed by the Commission 20 (the Commission's appointee); 21 (d) each person intending to participate in the 22 contest shall produce his or her contestant 23 record book to the Commission's appointee for 24 inspection and for the recording of prescribed 25 information; 26 (e) the Commission's appointee shall ensure -- 27 (i) that the weigh-in and the recording of 28 the weights of the contestants are 29 properly carried out; and 30 (ii) that this section is complied with. page 28 Professional Combat Sports Amendment Bill 2009 s. 49 1 49A. Pre-contest medical examinations 2 (1) Each person intending to participate in a contest must, 3 within 24 hours before the contest -- 4 (a) attend a medical practitioner approved by the 5 Commission; and 6 (b) submit to an examination by the practitioner; 7 and 8 (c) produce his or her contestant record book to the 9 practitioner for inspection and for the recording 10 of relevant information. 11 (2) The medical practitioner whom a person attends under 12 subsection (1) must do the following -- 13 (a) inspect the person's contestant record book; 14 (b) carry out a medical examination of the person; 15 (c) certify in the person's contestant record book 16 such information as is prescribed; 17 (d) record the results of the examination on a form 18 approved by the Commission; 19 (e) if the practitioner is of the opinion that the 20 person should not participate in the proposed 21 contest because of the person's medical 22 condition, record the opinion in the form; 23 (f) give the form to the Commission's appointee 24 referred to in section 48(2)(c)(ii). 25 Penalty: a fine of $12 000. 26 (3) If a form given by a medical practitioner to the 27 Commission's appointee under subsection (2) states a 28 person should not participate in a proposed contest 29 because of the person's medical condition, the 30 Commission's appointee -- 31 (a) must inform the person who holds the permit 32 for the contest, or that person's agent, of that 33 fact forthwith; and page 29 Professional Combat Sports Amendment Bill 2009 s. 50 1 (b) give the person who holds the permit for the 2 contest, or that person's agent, a copy of the 3 form as soon as practicable. 4 (4) If the person who holds the permit for a contest, or that 5 person's agent, is informed under subsection (3), the 6 permit holder must ensure the person does not 7 participate in the contest. 8 Penalty: a fine of $12 000. 9 10 50. Section 49 amended 11 (1) In section 49(1) delete the Penalty and insert: 12 13 Penalty: a fine of $12 000. 14 15 (2) In section 49(2) delete the Penalty and insert: 16 17 Penalty: a fine of $12 000. 18 19 51. Section 50 replaced 20 Delete section 50 and insert: 21 22 50. Contestants not to compete without weigh-in and 23 medical examination 24 A person shall not participate in a contest unless -- 25 (a) he or she has attended and submitted to a 26 weigh-in in accordance with section 48; and 27 (b) he or she has attended and submitted to a 28 medical examination in accordance with section 29 49A; and page 30 Professional Combat Sports Amendment Bill 2009 s. 52 1 (c) his or her contestant record book contains the 2 information that sections 48 and 49A require to 3 be in it. 4 Penalty: a fine of $12 000. 5 6 52. Section 51 amended 7 Delete section 51(1) and (2) and insert: 8 9 (1) A person who conducts a contest -- 10 (a) must not permit a contestant to participate in 11 the contest unless the contestant has attended 12 and submitted to a weigh-in under section 48 13 and a medical examination under section 49A; 14 and 15 (b) must not engage a contestant for a contest if the 16 Commission, after considering a medical report 17 that a contestant is not medically fit, has 18 directed a contestant not to participate in the 19 contest; and 20 (c) must permit not more than 3 persons, being 21 either persons authorised by the Commission or 22 members, to be present at the contest 23 unconditionally and for no charge for the 24 purpose of ensuring the contest is conducted in 25 accordance with this Act and any rules 26 approved under section 62A that apply to the 27 contest; and 28 (d) must not permit the contest to occur unless -- 29 (i) a medical practitioner approved by the 30 Commission; and page 31 Professional Combat Sports Amendment Bill 2009 s. 53 1 (ii) at least 2 persons referred to in 2 paragraph (c), 3 are present at the contest. 4 Penalty: a fine of $12 000. 5 (2) If a contest is not conducted in accordance with any 6 rules approved under section 62A that apply to the 7 contest, the person who conducts the contest, the 8 person to whom a permit for the contest was issued, 9 and the referee of the contest, each commits an offence. 10 Penalty: a fine of $12 000. 11 12 53. Section 52 replaced 13 Delete section 52 and insert: 14 15 52. Record of contest 16 (1) Before a person participates in a contest, he or she shall 17 produce his or her contestant record book to -- 18 (a) the medical practitioner approved by the 19 Commission who is present at the contest; and 20 (b) a person appointed by the Commission who is 21 present at the contest. 22 Penalty: a fine of $6 000. 23 (2) A person appointed by the Commission for that 24 purpose shall in relation to a contest -- 25 (a) cause a record to be made of the contest; and 26 (b) record the result of the contest in the record 27 referred to in paragraph (a); and 28 (c) return the record, as written up in accordance 29 with the directions of the Commission, to the 30 Commission; and page 32 Professional Combat Sports Amendment Bill 2009 s. 54 1 (d) record in each contestant's contestant record 2 book such information as is prescribed. 3 4 54. Part VIIIA inserted 5 After Part VII insert: 6 7 Part VIIIA -- Review 8 53A. Review by State Administrative Tribunal 9 A person aggrieved by a decision of the Commission or 10 the Minister made under Part III, IV or VII may apply 11 to the State Administrative Tribunal for a review of the 12 decision. 13 14 55. Section 53 replaced 15 Delete section 53 and insert: 16 17 53. False or misleading information 18 A person must not include any information that is false 19 or misleading in a material particular in -- 20 (a) an application made under this Act; or 21 (b) any information given to the Commission under 22 this Act other than in a statutory declaration; or 23 (c) a contestant record book issued under Part VI. 24 Penalty: a fine of $12 000. 25 page 33 Professional Combat Sports Amendment Bill 2009 s. 56 1 56. Sections 54A and 54B inserted 2 After section 53 insert: 3 4 54A. Commission may get information from WA Police 5 For the purposes of deciding under Part III or IV 6 whether a person is a fit and proper person, the 7 Commission may ask the Commissioner of Police to 8 give the Commission information about the person. 9 54B. Confidential police information 10 (1) In this section -- 11 confidential police information means information the 12 Commissioner of Police has certified is confidential 13 police information under subsection (2); 14 court includes the State Administrative Tribunal; 15 sensitive police information means information in the 16 possession of the Commissioner of Police the 17 disclosure of which could reasonably be expected -- 18 (a) to prejudice criminal investigations or the 19 operations of the Police Force; or 20 (b) to enable the discovery of the existence or 21 identity of a source of information relevant to 22 law enforcement and confidential to the 23 Commissioner; or 24 (c) to endanger a person's life or physical safety. 25 (2) If the Commissioner of Police believes any information 26 given by the Commissioner to the Commission is 27 sensitive police information, the Commissioner, in 28 writing, may certify the information is confidential 29 police information. 30 (3) If the Commission receives confidential police 31 information from the Commissioner of Police, then, page 34 Professional Combat Sports Amendment Bill 2009 s. 56 1 despite any other provision of this Act, the 2 Commission must not disclose it to any person 3 except -- 4 (a) a court; 5 (b) the Minister; 6 (c) the Parliamentary Commissioner for 7 Administrative Investigations appointed under 8 the Parliamentary Commissioner Act 1971; 9 (d) the Corruption and Crime Commission 10 established under the Corruption and Crime 11 Commission Act 2003; 12 (e) the Parliamentary Inspector of the Corruption 13 and Crime Commission appointed under the 14 Corruption and Crime Commission Act 2003; 15 (f) a person to whom disclosure has been permitted 16 by the Commissioner. 17 (4) If the Commission under Part III or IV -- 18 (a) refuses an application for registration or for a 19 renewal of registration; or 20 (b) cancels a registration, 21 and the decision is made wholly or partly on the basis 22 of confidential police information received from the 23 Commissioner of Police, then, despite any other 24 provision of this Act, the Commission need not give 25 any reasons for its decision other than that it is made in 26 the public interest. 27 (5) In proceedings in a court relating to a decision referred 28 to in subsection (4), the court -- 29 (a) may decide whether information the 30 Commissioner of Police has certified is 31 confidential police information is sensitive 32 police information; and page 35 Professional Combat Sports Amendment Bill 2009 s. 57 1 (b) may take evidence consisting of or relating to 2 that information by way of an affidavit of a 3 police officer of or above the rank of 4 Superintendent; and 5 (c) if the Commissioner of Police so requests, must 6 take all reasonable steps -- 7 (i) to maintain the confidentiality of any 8 information that the court is satisfied is 9 sensitive police information; and 10 (ii) to prohibit the publication of evidence 11 about that information. 12 (6) The Commissioner of Police must not delegate the 13 function of certifying information as confidential 14 police information except to a Deputy Commissioner 15 of Police or an Assistant Commissioner of Police. 16 17 57. Section 54 replaced 18 Delete section 54 and insert: 19 20 54. Refusing applications, imposing or varying 21 conditions etc. and suspending or cancelling 22 registrations, procedure for 23 (1) The Commission must not -- 24 (a) refuse a person's application for registration, or 25 for a renewal of a registration, made under 26 Part III or IV; or 27 (b) impose or vary a condition or restriction on a 28 person under Part III or IV; or 29 (c) suspend or cancel the registration of a person 30 under Part III (other than under section 24A) or 31 Part IV; or page 36 Professional Combat Sports Amendment Bill 2009 s. 58 1 (d) refuse a person's application for a permit made 2 under Part VII; or 3 (e) impose or vary a term, condition or restriction 4 in a permit issued under Part VII to a person, 5 unless the Commission has given the person a 6 reasonable opportunity to be heard on the matter. 7 (2) If the Commission decides to take any action described 8 in subsection (2)(a) to (e) the Commission must give 9 the person a written notice of the decision and of the 10 reasons for it within 7 days after the date of it. 11 (3) A decision notice of which is given to a person under 12 subsection (2) takes effect on the date on which it is 13 given to the person or on any later date specified in it. 14 15 58. Section 56 deleted 16 Delete section 56. 17 59. Section 58 replaced 18 Delete section 58 and insert: 19 20 58. Evidentiary certificates 21 In any legal proceedings a certificate signed or 22 purporting to be signed by an officer of the Department 23 stating -- 24 (a) that at a specified time a specified person was, 25 or was not, registered as a contestant of a 26 specified class or as an industry participant in a 27 specified capacity; 28 (b) that at a specified time the registration of a 29 specified person as a contestant of a specified page 37 Professional Combat Sports Amendment Bill 2009 s. 60 1 class or as an industry participant in a specified 2 capacity has been cancelled; 3 (c) that the registration of a specified person as a 4 contestant of a specified class or as an industry 5 participant in a specified capacity had been 6 suspended for the period specified; 7 (d) that the registration of a person as a contestant 8 of a specified class or industry participant in a 9 specified capacity is due to expire, or expired 10 on a specified day, 11 is evidence of its contents. 12 13 60. Section 62A inserted 14 After section 61 insert: 15 16 62A. Rules for contests 17 (1) The Minister on the advice of the Commission must, 18 for each combat sport, approve rules to be observed in 19 any contest in that sport. 20 (2) Approved rules may consist of, or may incorporate, 21 adopt or operate by reference to, any code, standard or 22 other document (with or without modification) as in 23 force from time to time or as in force at a particular 24 time, as specified in the rules. 25 (3) If a code, standard or other document is applied, 26 adopted or incorporated in approved rules -- 27 (a) a copy of the code, standard or other document 28 must be kept available for inspection by 29 members of the public, without charge and 30 during normal office hours, at a place 31 determined by the Minister; and page 38 Professional Combat Sports Amendment Bill 2009 s. 61 1 (b) in any legal proceedings, evidence of the 2 contents of the code, standard or other 3 document may be given by production of a 4 document apparently certified by or on behalf 5 of the Minister as a true copy of the code, 6 standard or other document. 7 (4) The Minister on the advice of the Commission may -- 8 (a) approve an amendment of approved rules; or 9 (b) cancel any approved rules. 10 (5) The Interpretation Act 1984 sections 41 and 42 apply, 11 with any necessary changes, to any rules approved, 12 amended or cancelled under this section. 13 14 61. Section 62 amended 15 (1) In section 62(2): 16 (a) delete "respect to --" and insert: 17 18 respect to any or all of the following -- 19 20 (b) in paragraph (a) delete "professional"; 21 (c) delete paragraph (c) and insert: 22 23 (c) titles that can be awarded to contestants; 24 25 (d) in paragraph (e) delete "contestants; and" and insert: 26 27 contestants; 28 page 39 Professional Combat Sports Amendment Bill 2009 s. 61 1 (2) After section 62(2) insert: 2 3 (3) Without limiting subsection (1) regulations may 4 prescribe persons who are taken to be registered under 5 this Act, being persons who are registered or licensed 6 under a law of a place outside the State, the purpose of 7 which substantially corresponds with the purpose of 8 this Act. 9 (4) Without limiting subsection (1) or the Interpretation 10 Act 1984 section 45A regulations made for the 11 purposes of section 44 may prescribe a fee that will 12 allow recovery of expenditure that is relevant to the 13 Commission performing its functions under sections 44 14 and 48 and at contests. 15 (5) Without limiting subsection (1) regulations with a 16 savings or transitional effect may be made to provide 17 for the consequences of the operation of the 18 amendments made to this Act by the Professional 19 Combat Sports Amendment Act 2009. 20
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