Combat Sports Act 2013

This Act is the Combat Sports Act 2013.

This Act commences on a day or days to be appointed by proclamation.

The objects of this Act are as follows—

to promote the health and safety of combat sport contestants,

to promote the integrity of combat sport contests,

to regulate combat sport contests on a harm minimisation basis,

to promote the development of the combat sport industry.

The dictionary in Schedule 3 defines words used in this Act.

Note—

The Interpretation Act 1987 contains definitions and other provisions affecting the interpretation and application of this Act.

(Renumbered as Sch 3)

Notes included in this Act do not form part of this Act.

In this Act, a combat sport contest is an amateur combat sport contest if—

the contest has been approved by a relevant approved amateur body for the contest, and

the contest is held in accordance with the approved amateur sports rules for the combat sport in which the combatants will engage in the contest, and

the match-maker for the contest is a person nominated or approved by a relevant approved amateur body for the contest, and

none of the combatants engaging in the contest are registered, under this Act or under the laws of another jurisdiction, in a professional class for the style of combat sport in which the combatants will engage in the contest, and

the contest satisfies any other criteria prescribed by the regulations for the purposes of this subsection.

In this Act, a combat sport contest is a professional combat sport contest unless the contest is—

an amateur combat sport contest, or

an exhibition contest.

In this Act, industry participant means any of the following persons, whether or not they are employed or engaged on a full-time basis and whether or not they receive payment or other consideration for the activity concerned—

an individual who acts on behalf of a promoter to arrange combat sport contests between particular combatants (a match-maker),

a person who undertakes to represent the interests of a combatant in procuring the engagement of the combatant in a combat sport contest or who directs or controls the combat sport activities of any combatant (a manager),

an individual who does any of the following (a trainer)—

supervises the training or instruction of a combatant or who accompanies a combatant into or onto the contest area to give advice or assistance during a combat sport contest,

assists a combatant under the supervision or on the advice of a person mentioned in subparagraph (i),

assists a person mentioned in subparagraph (i) in the preparation of combatants,

(Repealed)

an individual who determines the points scored by each combatant in a combat sport contest (a judge),

an individual who enforces the rules relating to a combat sport during the combat sport contest (a referee),

an individual who regulates the number and length of rounds, and the interval between rounds, of a combat sport contest (a timekeeper),

any other individual of a class of persons prescribed by the regulations for the purposes of this definition,

but does not include a promoter.

A class of persons may be prescribed for the purposes of subsection (1) if it consists of persons engaged in or employed in a profession, occupation or business in relation to a combat sport.

In this Act, a person is a close associate, of an applicant for registration as a promoter or manager under this Act or a registered promoter or manager, if—

the person—

holds or will hold a relevant financial interest, or is or will be entitled to exercise a relevant power, whether in the person’s own right or on behalf of another person, in the business of the applicant or registered promoter or manager, and

because of that interest or power is or will be able, in the Authority’s opinion, to exercise a significant influence over or in relation to the conduct of the business, or

the person holds or will hold a relevant position, whether in the person’s own right or on behalf of another person, in the business of the applicant or registered promoter or manager.

In this section—

relevant financial interest, in relation to a business, means—

a share in the capital of the business, or

an entitlement to receive any income derived from the business, whether the entitlement arises at law or in equity or otherwise.

relevant position means any of the following positions—

the position of director, manager or secretary,

another position, however designated, if it is an executive position,

any other position prescribed by the regulations for the purposes of this definition.

relevant power means any power, whether exercisable by voting or otherwise and whether exercisable alone or in association with others—

to participate in a directorial, managerial or executive decision, or

to elect or appoint a person to a relevant position.

In this Act, a serological clearance, for a person, means a certificate by a medical practitioner or a pathology service provider that states—

in the medical practitioner’s or pathology service provider’s opinion, the person is not capable of transmitting to another person any medical condition or disease specified by the regulations, and

the medical practitioner’s or pathology service provider’s opinion is based on the results of blood tests or other tests carried out on a date specified in the certificate.

For the purposes of this Act, a serological clearance is a current serological clearance if the tests referred to in the clearance were carried out within the period prescribed by the regulations.

In this section—

pathology service provider means a person who provides a pathology service.

In this Act, a certificate of fitness, for a person, means a certificate by a medical practitioner, in the approved form, certifying that, on the date specified in the certificate, the person—

does not have any medical, health or other physical condition prescribed by the regulations as being a condition that disqualifies a person from being registered as a combatant for the registration class of combatant in which the person is, or has applied to be, registered (a disqualifying condition), and

satisfies any other health requirements determined by the Authority or specified in the rules as being required to be met by the person for registration as a combatant for the registration class of combatant in which the person is, or has applied to be, registered, and

is, in the medical practitioner’s opinion, otherwise fit to engage in combat sport.

For the purposes of this Act, a certificate of fitness is a current certificate of fitness if the certificate was signed by the medical practitioner not more than 28 days before the certificate is sought to be relied on by the person.

The Minister may, on application by a body corporate or other body and on the recommendation of the Authority, approve the body as an approved amateur body for a specified style, or styles, of combat sport for the purposes of this Act.

An application is to be made in the approved form.

An application is to be accompanied by any other information required by the Authority.

An approval may be made subject to conditions.

An approved amateur body must comply with any conditions to which the body’s approval is subject.

Maximum penalty—100 penalty units.

The Minister may, on the recommendation of the Authority, at any time vary a condition of an approval or revoke an approval.

A person must not engage in a combat sport contest as a combatant unless the person is registered as a combatant of the registration class applicable to that contest.

Maximum penalty—

in the case of a person whose registration for the applicable registration class has been cancelled (other than a cancellation on surrender of registration)—80 penalty units or imprisonment for 6 months, or both, or

in any other case—50 penalty units or 6 months imprisonment, or both.

The Authority may, with the approval of the Minister, determine the registration classes of combatants for which persons may be registered under this Act.