Controlled Sports Act 2019

This Act is the Controlled Sports Act 2019.

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.

For example, the signpost definition ‘controlled sport—see section 7.’ means that the term ‘controlled sport’ is defined in that section and the definition applies to this Act.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Other legislation applies in relation to offences against this Act.

Note 1 Criminal Code

The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2 Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Part 2 Objects and important concepts

The objects of this Act are to—

regulate the conduct of certain combat and other high-risk sports events in a way that minimises harm; and

promote the health and safety of controlled sports contestants; and

promote the integrity of controlled sports events.

In this Act:

controlled sport—

means—

a combat sport; or

any other high-risk sport or activity prescribed by regulation; but

does not include a combat sport—

declared under section 8; or

prescribed by regulation.

A person may apply to the Minister for a declaration that a light contact combat sport is not a controlled sport.

In making a declaration, the Minister must consider the following:

the techniques and amount of force used in the light contact combat sport;

the rules of the light contact combat sport;

the likelihood the light contact combat sport could involve forceful contact with a person’s head, neck, spine or groin;

the risk of injury to a person participating in the light contact combat sport.

The Minister must—

make the declaration; or

refuse to make the declaration.

Note The Minister’s decision to refuse to declare that a light contact combat sport is not a controlled sport is a reviewable decision (see s 81).

A declaration may be subject to conditions.

A declaration is a notifiable instrument.

In this section:

light contact combat sport means a combat sport that is not likely to involve forceful contact with a person’s head, neck, spine or groin.

In this Act:

controlled sports event—

means an event involving a contest or exhibition of a controlled sport; but

does not include training.

In this section:

training—

means an activity undertaken by a person to—

develop the person’s fitness or a skill; or

prepare for a contest; and

includes sparring, other than at a contest.

In this Act, a controlled sports event is a registrable event if—

the event is held for a commercial purpose; or

contestants in the event compete for a monetary or other valuable reward; or

Example—valuable reward an airline ticket or other travel assistance that enables a contestant to compete in an event in another State or foreign country

the event is held at a casino; or

the event is a sports bookmaking event; or

the event is held at a place that is, or part of the place is, a sports bookmaking venue; or

the event is prescribed by regulation to be a registrable event.

The Minister may declare that a controlled sports event is not a registrable event.

A declaration may be subject to conditions.

A declaration is a notifiable instrument.

In this section:

casino—see the Casino Control Act 2006, dictionary.

commercial purpose, in relation to an event, means holding the event as part of a business or otherwise with the intention of directly or indirectly making a profit.

sports bookmaking event—see the Race and Sports Bookmaking Act 2001, dictionary.

sports bookmaking venue—see the Race and Sports Bookmaking Act 2001, dictionary.

In this Act:

controlled sports official, for a controlled sports event, means a person who undertakes activities in relation to the event, or a contestant in the event, in any of the following capacities:

for combat sports—

a judge; and

a manager; and

a match maker; and

a medical practitioner; and

a promoter; and

a referee; and

a second; and

a timekeeper; and

a trainer; and

any other capacity prescribed by regulation;

for controlled sports other than combat sports—any other capacity prescribed by regulation.

For subsection (1), it is immaterial whether or not a person receives payment or other consideration for the activities.

In this section:

judge means a person who decides the points scored by each contestant in a controlled sports event.

manager means a person who represents the interests of a contestant at, and directs or controls the contestant in relation to, a controlled sports event.

match maker means a person who acts on behalf of a promoter to arrange matches at a controlled sports event between particular contestants.

promoter, of a controlled sports event, means the person who conducts the event.

Note A reference to a person generally includes a reference to a corporation as well as an individual (see Legislation Act, s 160).

referee means a person who enforces the rules relating to a controlled sport during a controlled sports event.

second means a person who assists—

a trainer in the training or instruction of a contestant; and

a contestant as advised by a trainer.

timekeeper, of a controlled sports event, means a person who regulates the number and length of rounds, and the interval between rounds, of the event.

trainer means a person who—

supervises the training or instruction of a contestant; and

accompanies a contestant into or onto an event area to give advice or assistance during a controlled sports event.

Part 3 Controlled sports registration

Division 3.1 Preliminary

The director-general may appoint a public servant as the controlled sports registrar.

Note For laws about appointments, see the Legislation Act, pt 19.3.

An appointment must not be for longer than 2 years.

An appointment is a notifiable instrument.

If an appointment is not made under subsection (1), the Minister may make arrangements for the registrar (however described) responsible for exercising functions under a Commonwealth or State law that substantially correspond to this Act to exercise the functions of the controlled sports registrar.

Note State includes the Northern Territory (see Legislation Act, dict, pt 1).

The registrar may delegate the registrar’s functions under this Act or another territory law to a person.

Note 1 Registrar—see the dictionary.

Note 2 For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.

If a provision in this part requires the registrar to consider if it is in the public interest for a person to be registered as a controlled sports official or a controlled sports contestant, the registrar—

must consider if the person, or for a corporation, a relevant person, has—

been convicted or found guilty of a class A offence; or

had a controlled sports official’s registration or a controlled sports contestant’s registration (however described) suspended or cancelled under this Act or a corresponding law; and

must consider any guidelines made by the Minister under subsection (2); and

may consider if the person, or for a corporation, a relevant person, has been convicted or found guilty of a class B offence; and

may consider any other relevant matter.

Note Corresponding law—see the dictionary.

Relevant person, for a corporation—see the dictionary.

The Minister may make guidelines about what the registrar must take into account when considering the public interest for a provision in this part.

A guideline is a disallowable instrument.

In this section:

class A offence means an offence—

against this Act; or

involving assault or violence; or

relating to the possession, storage or use of a firearm or other weapon; or

involving a controlled drug, controlled plant or controlled precursor within the meaning of the Criminal Code (other than an offence for possession); or

against any of the following:

the Criminal Code, part 3.8A (Cheating at gambling);

the Crimes Act 1900, division 6.2A (Money laundering and organised fraud);

the Commonwealth Criminal Code, part 5.3 (Terrorism);

the Unlawful Gambling Act 2009; or

committed outside the ACT involving terrorism that is an offence against a law of the place where the offence is committed; or

against a law of the Commonwealth or a State corresponding, or substantially corresponding, to an offence mentioned in paragraphs (a) to (f).

Note State includes the Northern Territory (see Legislation Act, dict, pt 1).

class B offence means—

an offence involving dishonesty or theft; or

an offence involving the use of alcohol, a controlled drug or controlled plant; or

an offence against a law mentioned in the Gambling and Racing Control Act 1999, section 4, paragraphs (a) to (j); or

any other offence prescribed by regulation; or

an offence against a law of the Commonwealth or a State corresponding, or substantially corresponding, to an offence mentioned in paragraphs (a) to (d).

Note State includes the Northern Territory (see Legislation Act, dict, pt 1).

Division 3.2 Registration of controlled sports officials