Boxing and Martial Arts Act 2000

This Act may be cited as the Boxing and Martial Arts

Act 2000.

In this Act—

boxing means fist fighting;

martial art means—

kickboxing; or

any sporting or other activity (other than boxing) organised so that contestants engage in a fight principally by inflicting blows on each other;

medical practitioner means a person registered under the Health Practitioner Regulation

National Law to practise in the medical profession (other than as a student);

professional or public boxing or martial art event means a boxing or martial art event (including an exhibition of sparring)—

that is conducted for profit; or

in which the contestants participate for a prize (other than a trophy) or for a monetary reward; or

public attendance at which is actively promoted by the event's promoter (whether or not a fee is charged for admission).

The Minister may establish a committee consisting of—

persons who, in the opinion of the Minister, have a good knowledge of boxing or one or more of the martial arts; and

such other persons as the Minister thinks fit, to obtain advice on matters relating to the administration of this

Act.

The Minister may, by instrument in writing, delegate any of the

Minister's powers or functions under this Act—

to a particular person or body; or

to the person for the time being occupying a particular position.

A delegation under this section—

may be absolute or conditional; and

does not derogate from the power of the Minister to act in any matter; and

is revocable by the Minister at will.

A person must not act as promoter of a professional or public boxing or martial art event unless licensed under this Part. Maximum penalty: Maximum penalty: $10 000 or imprisonment for 12 months.

An application for the issue or renewal of a promoter's licence must—

be made to the Minister in the manner and form approved by the

Minister; and

be accompanied by the fee fixed by regulation.

A person is entitled to be licensed as a promoter or to have a promoter's licence renewed if the Minister is satisfied that—

in the case of a natural person—the person is of or over the age of 18 years; and

the person is a fit and proper person to be licensed as a promoter.

An applicant for the issue or renewal of a promoter's licence must provide the Minister with any information required by the Minister for the purposes of determining the application.

Subject to this Part, a licence issued or renewed under this section remains in force for a period of three years.

A licence issued or renewed under this Part may be subject to conditions determined by the Minister.

The Minister may, at any time, vary or revoke the conditions on which a licence was issued or renewed under this

Part.

The holder of a licence issued or renewed under this Part must comply with any conditions that apply to the licence and of which the person has been given written notice. Maximum penalty: Maximum penalty: $10 000 or imprisonment for 12 months.

A licensed promoter must ensure, in respect of every professional or public boxing or martial art event that he or she promotes—

that the event is conducted in accordance with rules approved by the Minister under Part

3; and

that the contestants are registered in relation to, or otherwise authorised to participate as contestants in, events of that kind as required under Part

4; and

that the contestants have been found to be fit to participate in the event under Part

5.

Maximum penalty: Maximum penalty: $10 000 or imprisonment for 12 months.

The Minister may, by written notice to the holder of a licence, suspend or cancel the licence if satisfied that the holder of the licence—

has contravened this Act or a provision of a law of another State or Territory that corresponds with a provision of this Act; or

has engaged in conduct in another State or Territory that would, if engaged in in this State, constitute a contravention of this Act;

or

is not, or is no longer, for any reason a fit and proper person to hold the licence.

The Minister will approve rules applicable to the conduct of professional or public boxing or martial art events.

Approved rules may be comprised of, or may incorporate, adopt or operate by reference to, any specified code, standard or other document (with or without modification) as in force from time to time or as in force at a particular time.

If a code, standard or other document is applied, adopted or incorporated in approved rules—

a copy of the code, standard or other document must be kept available for inspection by members of the public, without charge and during normal office hours, at an office determined by the Minister; and

in any legal proceedings, evidence of the contents of the code, standard or other document may be given by production of a document apparently certified by or on behalf of the Minister as a true copy of the code, standard or other document.

The Minister may—

approve an amendment of approved rules; or

revoke any approved rules.

The Minister must give notice in the Gazette of—

the approval of any rules; or

the approval of an amendment of approved rules; or

the revocation of any approved rules.

Rules approved under this section and any approved amendment to such rules will come into operation on the day on which the notice of approval is published in the Gazette or on such later day as may be specified in the notice.

Subject to subsection (2), a person must not be a contestant in a professional or public boxing or martial art event unless the person is currently registered under this Part as a contestant in relation to events of that kind. Maximum penalty: Maximum penalty: $5 000.

Subsection (1) does not apply to a person who is registered in relation to, or otherwise authorised to participate as a contestant in, events of that kind by a recognised authority of another State or Territory unless the person has been given a written notice by the Minister stating that subsection (1) applies to the person.

In this section—

recognised authority means a person or body in another State or Territory of the Commonwealth recognised by the Minister as exercising a power equivalent to the power given to the Minister by this Act to register persons as contestants.

An application for registration as a contestant or for renewal of registration as a contestant must—

be made to the Minister in the manner and form approved by the

Minister; and

be accompanied by the fee fixed by regulation; and

state whether the person applying seeks registration to participate as a contestant in boxing events or in martial art events of a specified kind;

and

be accompanied by a medical certificate that—

certifies that the person is fit to participate as a contestant in events of that kind; and

is signed by a medical practitioner; and

is, according to its terms, based on an examination of the person conducted by the medical practitioner within 14 days before the date of the application.

A person is entitled to be registered as a contestant or to have his or her registration as a contestant renewed if the Minister is satisfied that the application has been properly made under this section.

An applicant for registration as a contestant or for the renewal of registration as a contestant must provide the Minister with any information required by the Minister for the purposes of determining the application.

Subject to this Part, registration under this section remains in force for a period of three years.

If it appears to the Minister, from a medical practitioner's certificate or declaration, that a registered contestant is not fit to participate as a contestant in events of the kind in relation to which he or she is registered, the Minister must, by written notice to the contestant, suspend or cancel the person's registration as a contestant.

The Minister may, by written notice to a registered contestant, suspend or cancel the contestant's registration if satisfied that the contestant—

has contravened a provision of this Act or a provision of a law of another State or Territory that corresponds with a provision of this Act;

or

has participated as a contestant in a professional or public boxing or martial art event after a medical practitioner had declared the contestant to be unfit to participate in the event.

If a person's registration as a contestant has been suspended or cancelled under subsection (1), the Minister must not remove the suspension or re-register the person unless the person has given the Minister two medical certificates that—

certify that the person is fit to participate as a contestant in events of the relevant kind; and

have been signed by different medical practitioners;

and

are, according to the terms of the certificates, based on examinations of the person conducted by the medical practitioners within seven days before the date of the person's application for removal of the suspension or re-registration.