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This Act may be cited as the Combat Sports Act 1987 1.
[Section 1 amended: No. 16 of 2003 s. 5; No. 44 of 2011 s. 5.]
This Act shall come into operation on a day to be fixed by proclamation 1.
In this Act unless the context otherwise requires —
boxing means fist fighting or sparring;
capacity, in relation to an industry participant, means a capacity prescribed for the purposes of the definition of industry participant in this section;
combat sport means —
boxing; or
any other martial art, sport or activity that involves 2 or more participants whose primary objective is to do any or any combination of the following —
grapple with, punch, kick or throw each other; or
strike or hit each other, whether or not with a weapon,
unless it is prescribed not to be a combat sport for the purposes of this Act;
Commission means the Commission established under section 4;
contest means a contest or exhibition of a combat sport —
that is organised, arranged or promoted for profit; or
that is conducted for public entertainment; or
to which the public is invited,
unless it is prescribed not to be a contest for the purposes of this Act;
contestant means a person who participates in a contest, whether for reward or not;
Department means the Department principally assisting the Minister in the administration of this Act;
industry participant means a person who, otherwise than as a contestant, is involved, in a capacity that is prescribed, in conducting or assisting to conduct a contest;
medical practitioner means a person registered under the Health Practitioner Regulation National Law (Western Australia) in the medical profession;
member means a member of the Commission and includes the chairman;
prescribed means prescribed by the regulations;
registered —
in relation to a contestant, means registered under section 17;
in relation to an industry participant, means registered under section 27;
sham contest means a contest —
during the whole or a part of which any contestant is, for any reason, including an injury or illness, or a bribe, promise or threat by another person, not competing to the best of his or her ability; or
the result of which is arranged by the contestants or by a person involved in controlling, judging or promoting the contest.
[Section 3 amended: No. 16 of 2003 s. 6; No. 44 of 2011 s. 6.]
There shall be a Combat Sports Commission.
The Commission is a continuation of the body previously called the “Professional Combat Sports Commission” and the “Western Australian Boxing Commission”.
The Commission shall consist of 9 members of whom —
8 persons shall be appointed by the Minister as follows —
one person shall be a person appointed to be chairman of the Commission;
one person shall be a police officer nominated in writing by the Commissioner of Police;
one person shall be a medical practitioner who in the opinion of the Minister has knowledge of injuries suffered by contestants;
one person shall be a person who in the opinion of the Minister has knowledge of the boxing industry;
one person shall be a person who in the opinion of the Minister has knowledge of the industry relating to combat sports other than boxing;
one person shall be a person who in the opinion of the Minister represents persons who are or have been registered as contestants in a class relevant to boxing;
one person shall be a person who in the opinion of the Minister represents persons who are or have been registered as contestants in a class other than a class relevant to boxing;
one person shall be a person who in the opinion of the Minister has knowledge of the industry relating to combat sports known as mixed martial arts;
and
one person shall be the chief executive officer of the Department or an officer of the Department nominated by the chief executive officer.
A nomination for the purposes of subsection (2)(a)(ii) or (b) —
may be withdrawn at any time;
may be made for a period or in relation to such circumstances as are specified in the nomination.
The Minister may make such arrangements as the Minister considers appropriate for the receipt of nominations for the purposes of an appointment under subsection (2)(a)(iii), (iv), (v), (vi) or (vii).
A member other than a member referred to in subsection (2)(a)(ii) or (2)(b) shall be appointed for such term not exceeding 3 years as is specified in the instrument of his appointment.
[Section 4 amended: No. 29 of 1990 s. 4; No. 16 of 2003 s. 8; No. 44 of 2011 s. 8.]
The office of member, other than the office of member referred to in section 4(2)(a)(ii) or 4(2)(b), becomes vacant if —
the term of office of the member expires; or
the member becomes permanently incapable of performing his duties; or
the member resigns his office by written notice addressed to the Minister; or
the member is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or
the member is removed from office by the Minister on the grounds of neglect of duty, his behaviour or incompetence; or
the member is absent without leave of the Minister from 3 consecutive meetings of the Commission.
The office of member referred in section 4(2)(a)(ii) becomes vacant if the nomination of the member is withdrawn.
[Section 5 amended: No. 18 of 2009 s. 69; No. 44 of 2011 s. 9.]
A member is entitled to such remuneration and allowances as are determined by the Governor on the recommendation of the Public Sector Commissioner.
The Minister may grant leave of absence to a member on such terms and conditions as the Minister determines.
[Section 6 amended: No. 39 of 2010 s. 89.]
Where an office of member becomes vacant otherwise than by effluxion of time a person appointed to the vacancy shall hold office only for the balance of the term of the person whose vacancy he fills.
The chairman may at any time and shall when so requested by the Minister convene a meeting of the Commission to be held at a time and place determined by the chairman.
The chairman shall preside at all meetings of the Commission at which he is present.
If the chairman is not present at a meeting of the Commission the members present shall elect one of their number to preside at the meeting.
At a meeting of the Commission 5 members constitute a quorum.
At a meeting of the Commission where any question requiring a vote arises the question shall be decided by a majority of the members present.
Subject to the presence of a quorum, the Commission may act notwithstanding any vacancy in its membership.
A member of the Commission who has a pecuniary interest whether direct or indirect in any matter to be considered by the Commission —
shall declare the nature of that interest at every meeting of the Commission at which the matter is considered; and
shall not take part in any deliberation on the matter; and
shall not vote on the matter.
Except to the extent that they are prescribed, the Commission may determine its own procedures.
[Section 8 amended: No. 44 of 2011 s. 10.]
The Commission is subject to the control and direction of the Minister, and is responsible to the Minister for the administration of this Act.
The functions of the Commission are —
to carry out the functions conferred on the Commission under this or any other Act;
to formulate or recommend standards, specifications, codes of conduct or other forms of guidance for the purpose of maintaining proper standards in combat sports;
to advise the Minister on combat sports and any matter that is connected with or incidental to combat sports;
to devise and approve standards or guidelines for the preparation or training of persons participating in or proposing to participate in contests.
The Commission may adopt standards, specifications, codes of conduct or guidelines of any other authority or body engaged in or controlling a combat sport or any other matters connected with or incidental to a combat sport.
[Section 10 amended: No. 16 of 2003 s. 9; No. 44 of 2011 s. 11.]
There shall be appointed under and subject to Part 3 of the Public Sector Management Act 1994 such officers and employees as are necessary to assist the Commission in the performance of its functions.
[Section 11 amended: No. 32 of 1994 s. 3(2).]
An account called the Combat Sports Commission Account is to be established —
as an agency special purpose account under section 16 of the Financial Management Act 2006; or
with the approval of the Treasurer, at a bank as defined in section 3 of that Act,
to which the funds of the Commission are to be credited.
The Combat Sports Commission Account is a continuation of the account previously called the “Professional Combat Sports Commission Account” and the “Western Australian Boxing Commission Account”.
The funds of the Commission shall consist of —
any moneys received by or paid to the Commission under this Act; and
such moneys as are appropriated by Parliament from time to time; and
any gifts or bequests made to the Commission; and
any other moneys lawfully received by, made available to, or payable to the Commission.
The funds of the Commission shall be applied by the Commission for —
the purposes of carrying out its functions under this Act; and
the payment of such moneys for such purposes as are approved by the Minister.
[Section 12 amended: No. 49 of 1996 s. 49; No. 16 of 2003 s. 10(1); No. 28 of 2006 s. 160; No. 77 of 2006 Sch. 1 cl. 133(1); No. 44 of 2011 s. 12.]