Legislation, Legislation In force, Western Australian Legislation
Combat Sports Act 1987 (WA)
An Act to control combat sports and for other and incidental purposes.
Western Australia
Combat Sports Act 1987
Western Australia
Combat Sports Act 1987
Contents
Part I — Preliminary
1. Short title 2
2. Commencement 2
3. Terms used 2
Part II — Combat Sports Commission
4. Combat Sports Commission established 4
5. Vacation of office 5
6. Remuneration and leave of members 6
7. Casual vacancies 6
8. Meetings of Commission 6
9. Control of Minister 7
10. Functions of Commission 7
11. Staff 8
12. Funds of Commission 8
13. Financial provisions 9
Part III — Registration of contestants
14. Prescribed classes of contestants 10
15. Register 10
16. Applying for registration 10
17. Registering contestants 11
18. Certificate of registration 12
19. Term of registration and application for renewal 12
20. Renewal of registration 12
21. Commission's powers to ensure health and safety of contestants 13
23. Disciplinary powers against contestants 14
24A. Cancelling registration on contestant's request 14
24. Offence to participate in contests if unregistered etc. 14
25A. Commission may vary or cancel conditions and restrictions 15
Part IV — Registration of industry participants
26. Register of industry participants 16
27. Applying to be registered 16
28. Registering industry participants 17
29. Certificate of registration 17
30. Term of registration 17
31. Application for renewal of registration 18
32. Renewal of registration 18
33A. Disciplinary powers 18
33. Offence 19
34A. Commission may cancel or vary conditions or restrictions 19
Part VI — Contestant record books
35. Books to be issued to registered contestants 20
36. Altering books 21
38. Damaging books 21
39. Surrender of books 21
40. Re‑issue of books 21
41. Issuing additional books 22
42. Replacing books 22
Part VII — Contests
43. Interpretation 23
44. Applying for permits to conduct contests 23
45. Issuing permits for contests 24
46. Notification of Commissioner of Police 25
47AA. Commission may require information 25
47A. Suspending or cancelling a permit 25
47. Offences 26
48A. Sham contests, inquiries into 27
48. Pre‑contest weigh‑ins 28
49A. Pre‑contest medical examinations 29
49. Medical practitioner to notify referee at contest if contestant unfit to participate; and referee to take action 30
50. Contestants not to compete without weigh‑in and medical examination 31
51. Duties of promoter and medical practitioner 31
52. Record of contest 33
Part VIIIA — Review
53A. Review by SAT 34
Part VIII — Miscellaneous
53. False or misleading information 35
54A. Commission may get information from WA Police 35
54B. Confidential police information 35
54. Refusing applications, imposing or varying conditions etc. and suspending or cancelling registrations, procedure for 37
55. Recovery of charges etc. 38
57. Statutory declaration 38
58. Evidentiary certificates 38
59. Delegation 39
60. Authentication of certain documents 39
61. Protection of Commission and others 39
62A. Rules for contests 40
62. Regulations 40
Notes
Compilation table 42
Defined terms
Western Australia
Combat Sports Act 1987
An Act to control combat sports and for other and incidental purposes.
[Long title amended: No. 16 of 2003 s. 4; No. 44 of 2011 s. 4.]
Part I — Preliminary
1. Short title
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.]
2. Commencement
This Act shall come into operation on a day to be fixed by proclamation 1.
3. Terms used
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 —
(a) boxing; or
(b) 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 —
(i) grapple with, punch, kick or throw each other; or
(ii) 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 —
(a) that is organised, arranged or promoted for profit; or
(b) that is conducted for public entertainment; or
(c) 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 —
(a) in relation to a contestant, means registered under section 17;
(b) in relation to an industry participant, means registered under section 27;
sham contest means a contest —
(a) 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
(b) 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.]
Part II — Combat Sports Commission
[Heading inserted: No. 44 of 2011 s. 7.]
4. Combat Sports Commission established
(1) There shall be a Combat Sports Commission.
(2A) The Commission is a continuation of the body previously called the "Professional Combat Sports Commission" and the "Western Australian Boxing Commission".
(2) The Commission shall consist of 9 members of whom —
(a) 8 persons shall be appointed by the Minister as follows —
(i) one person shall be a person appointed to be chairman of the Commission;
(ii) one person shall be a police officer nominated in writing by the Commissioner of Police;
(iii) one person shall be a medical practitioner who in the opinion of the Minister has knowledge of injuries suffered by contestants;
(iv) one person shall be a person who in the opinion of the Minister has knowledge of the boxing industry;
(v) 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;
(vi) 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;
(vii) 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;
(viii) 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
(b) one person shall be the chief executive officer of the Department or an officer of the Department nominated by the chief executive officer.
(3) A nomination for the purposes of subsection (2)(a)(ii) or (b) —
(a) may be withdrawn at any time;
(b) may be made for a period or in relation to such circumstances as are specified in the nomination.
(4) 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).
(5) 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.]
5. Vacation of office
(1) 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 —
(a) the term of office of the member expires; or
(b) the member becomes permanently incapable of performing his duties; or
(c) the member resigns his office by written notice addressed to the Minister; or
(d) the member is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or
(e) the member is removed from office by the Minister on the grounds of neglect of duty, his behaviour or incompetence; or
(f) the member is absent without leave of the Minister from 3 consecutive meetings of the Commission.
(2) 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.]
6. Remuneration and leave of members
(1) A member is entitled to such remuneration and allowances as are determined by the Governor on the recommendation of the Public Sector Commissioner.
(2) 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.]
7. Casual vacancies
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.
8. Meetings of Commission
(1) 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.
(2) The chairman shall preside at all meetings of the Commission at which he is present.
(3) 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.
(4) At a meeting of the Commission 5 members constitute a quorum.
(5) 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.
(6) Subject to the presence of a quorum, the Commission may act notwithstanding any vacancy in its membership.
(7) A member of the Commission who has a pecuniary interest whether direct or indirect in any matter to be considered by the Commission —
(a) shall declare the nature of that interest at every meeting of the Commission at which the matter is considered; and
(b) shall not take part in any deliberation on the matter; and
(c) shall not vote on the matter.
(8) Except to the extent that they are prescribed, the Commission may determine its own procedures.
[Section 8 amended: No. 44 of 2011 s. 10.]
9. Control of Minister
The Commission is subject to the control and direction of the Minister, and is responsible to the Minister for the administration of this Act.
10. Functions of Commission
(1) The functions of the Commission are —
(a) to carry out the functions conferred on the Commission under this or any other Act;
(b) to formulate or recommend standards, specifications, codes of conduct or other forms of guidance for the purpose of maintaining proper standards in combat sports;
(c) to advise the Minister on combat sports and any matter that is connected with or incidental to combat sports;
(d) to devise and approve standards or guidelines for the preparation or training of persons participating in or proposing to participate in contests.
(2) 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.]
11. Staff
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).]
12. Funds of Commission
(1) An account called the Combat Sports Commission Account is to be established —
(a) as an agency special purpose account under section 16 of the Financial Management Act 2006; or
(b) 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.
(2A) 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".
(2) The funds of the Commission shall consist of —
(a) any moneys received by or paid to the Commission under this Act; and
(b) such moneys as are appropriated by Parliament from time to time; and
(c) any gifts or bequests made to the Commission; and
(d) any other moneys lawfully received by, made available to, or payable to the Commission.
(3) The funds of the Commission shall be applied by the Commission for —
(a) the purposes of carrying out its functions under this Act; and
(b) 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.]
13. Financial provisions
The provisions of the Financial Management Act 2006 and the Auditor General Act 2006 regulating the financial administration, audit and reporting of statutory authorities apply to and in respect of the Commission and its operations.
[Section 13 amended: No. 77 of 2006 Sch. 1 cl. 133(2).]
Part III — Registration of contestants
[Heading inserted: No. 16 of 2003 s. 11.]
14. Prescribed classes of contestants
For the purposes of registering contestants, classes of contestants may be prescribed.
[Section 14 amended: No. 16 of 2003 s. 28(3).]
15. Register
(1) The Commission shall cause to be kept a register in respect of each prescribed class of contestant.
(2) The Commission shall cause to be entered in the register in respect of each person registered as a contestant —
(a) the names and addresses of persons who are registered as contestants; and
(b) the prescribed class of contestant under which a contestant is registered; and
(c) such other particulars as may be prescribed.
[Section 15 amended: No. 16 of 2003 s. 28(1) and (3).]
16. Applying for registration
(1) A person who desires to be registered as a contestant must apply to the Commission to be registered.
(2) An application made under subsection (1) must —
(a) be in a form approved by the Commission; and
(b) be accompanied by any medical information about the applicant that is prescribed; and
(c) be accompanied by the prescribed fee.
(3) The Commission may ask the applicant to give the Commission any additional information the Commission needs to decide an application under section 17.
(4) The Commission may refuse to decide an application until it has received the information it needs to decide the application under section 17.
[Section 16 inserted: No. 44 of 2011 s. 13.]
17. Registering contestants
(1) If on an application made under section 16 the Commission is satisfied —
(a) the applicant —
(i) is a fit and proper person; and
(ii) has reached the age prescribed for the prescribed class of contestant for which registration is sought; and
(iii) is medically and physically fit to be registered as a contestant in that class; and
(iv) understands the duties that this Act will impose on the applicant if the application is granted;
and
(b) there is no reason, in the interests of the health and safety of the applicant or of any contestant with whom the applicant might participate in a contest, not to do so,
the Commission must register the applicant as a contestant in the prescribed class of contestant for which registration is sought.
(2) If the Commission is satisfied an applicant has not attained the prescribed age required by subsection (1)(a)(ii) but otherwise complies with the requirements of subsection (1), the Commission may recommend to the Minister that the applicant be registered and the Minister may direct and authorise the Commission to register the applicant in terms of the recommendation or in such other terms as the Minister determines.
(3) When registering a contestant, the Commission may impose such conditions or restrictions on the contestant as it thinks fit.
[Section 17 inserted: No. 44 of 2011 s. 14.]
18. Certificate of registration
The Commission shall issue a person registered as a contestant a certificate of registration, in a form approved by the Commission, stating —
(a) that the person is registered as a contestant; and
(b) the conditions and restrictions (if any) that apply in relation to the person as a contestant.
[Section 18 inserted: No. 44 of 2011 s. 15.]
19. Term of registration and application for renewal
(1) A certificate of registration issued under section 18 to a person has effect for 3 years as from and including the date of the certificate unless it is cancelled or suspended.
(2) A person who is registered as a contestant may apply to the Commission for the renewal of the person's registration.
(3) An application made under subsection (2) must —
(a) be in a form approved by the Commission; and
(b) be accompanied by any medical information about the applicant that is prescribed; and
(c) be accompanied by the prescribed fee.
[Section 19 inserted: No. 44 of 2011 s. 16.]
20. Renewal of registration
(1) If on an application made under section 19 the Commission is satisfied —
(a) the applicant —
(i) is a fit and proper person; and
(ii) is medically and physically fit to be registered as a contestant in that class; and
(iii) has complied with any conditions and restrictions imposed on the applicant under this Part; and
(iv) understands the duties that this Act will impose on the applicant if the application is granted;
and
(b) there is no reason, in the interests of the health and safety of the applicant or of any contestant with whom the applicant might participate in a contest, not to do so,
the Commission must renew the applicant's registration as a contestant in the class sought in the application.
(2) When renewing a contestant's registration, the Commission may impose such conditions or restrictions on the contestant as it thinks fit.
[Section 20 inserted: No. 44 of 2011 s. 17.]
21. Commission's powers to ensure health and safety of contestants
If the Commission is of the opinion that it is in the interests of the health and safety of a contestant, or of any other contestant with whom that contestant might participate in a contest, the Commission may —
(a) cancel or suspend the contestant's registration as a contestant; or
(b) impose any conditions or restrictions on the contestant it thinks fit; or
(c) vary or cancel any condition or restriction imposed on the contestant under this Act.
[Section 21 inserted: No. 44 of 2011 s. 18.]
[22. Deleted: No. 44 of 2011 s. 19.]
23. Disciplinary powers against contestants
If the Commission —
(a) is of the opinion a registered contestant —
(i) is not a fit and proper person; or
(ii) has committed an offence against this Act; or
(iii) has not complied with any condition or restriction imposed on him or her under this Act;
or
(b) after conducting an inquiry under section 48A, is of the opinion a registered contestant has participated in a sham contest,
the Commission may do any of the following —
(c) vary or cancel any condition or restriction imposed on the contestant under this Part;
(d) impose any conditions or restrictions on the contestant it thinks fit;
(e) cancel or suspend the registration of that person as a contestant.
[Section 23 inserted: No. 44 of 2011 s. 20.]
24A. Cancelling registration on contestant's request
The Commission must cancel the registration of a contestant if the contestant asks the Commission to do so.
[Section 24A inserted: No. 44 of 2011 s. 21.]
24. Offence to participate in contests if unregistered etc.
A person shall not participate in a contest in a particular class of combat sport —
(a) if the person is not registered as a contestant of that class; or
(b) while the person's registration as a contestant of that class is suspended under section 23.
Penalty: a fine of $6 000.
[Section 24 inserted: No. 16 of 2003 s. 14; amended: No. 44 of 2011 s. 22.]
25A. Commission may vary or cancel conditions and restrictions
The Commission may at any time vary or cancel a condition or restriction imposed under this Part in respect of the registration of a contestant or impose any condition or restriction on the registration of a contestant that it thinks fit.
[Section 25A inserted: No. 44 of 2011 s. 23.]
Part IV — Registration of industry participants
[25. Deleted: No. 44 of 2011 s. 24.]
26. Register of industry participants
The Commission shall cause to be kept a register of industry participants in which are recorded —
(a) the name and address of each person registered as an industry participant; and
(b) the capacity in which he or she is registered as an industry participant; and
(c) any prescribed particulars.
[Section 26 inserted: No. 44 of 2011 s. 25.]
27. Applying to be registered
(1) A person who desires to be registered as an industry participant must apply to the Commission to be registered.
(2) Only a natural person can apply to be registered as an industry participant.
(3) An application made under subsection (1) must —
(a) be in a form approved by the Commission; and
(b) be accompanied by the prescribed fee.
(4) The Commission may ask the applicant to give the Commission any additional information the Commission needs to decide an application under section 28.
(5) The Commission may refuse to decide an application until it has received the information it needs to decide the application under section 28.
[Section 27 inserted: No. 44 of 2011 s. 26.]
28. Registering industry participants
(1) If on an application made under section 27 the Commission is satisfied the applicant —
(a) is a fit and proper person; and
(b) understands the duties that this Act will impose on the applicant if the application is granted,
the Commission must register the applicant as an industry participant in the terms sought in the application.
(2) When registering an industry participant, the Commission may impose such conditions and restrictions in relation to the participant as the Commission thinks fit.
[Section 28 inserted: No. 44 of 2011 s. 26.]
29. Certificate of registration
The Commission shall issue a person registered as an industry participant a certificate of registration, in a form approved by the Commission, stating —
(a) that the person is registered as an industry participant; and
(b) the capacity in which he or she is registered as an industry participant; and
(c) the conditions and restrictions (if any) that apply in relation to the person as an industry participant.
[Section 29 inserted: No. 44 of 2011 s. 27.]
30. Term of registration
A certificate of registration issued under section 29 to a person has effect for 3 years as from and including the date of the certificate unless it is cancelled or suspended.
[Section 30 inserted: No. 44 of 2011 s. 28.]
31. Application for renewal of registration
(1) A person who is registered as an industry participant may apply to the Commission for the renewal of the person's registration.
(2) An application under subsection (1) shall be —
(a) in a form of the form approved by the Commission; and
(b) accompanied by the fee prescribed in relation to the kind of industry participant in question.
(3) The Commission may require an applicant under subsection (1) to furnish to the Commission such further information as is specified by the Commission.
[Section 31 amended: No. 44 of 2011 s. 29.]
32. Renewal of registration
(1) If on an application made under section 31 the Commission is satisfied the applicant —
(a) is a fit and proper person; and
(b) has complied with the conditions and restrictions imposed on the applicant under this Part; and
(c) understands the duties that this Act will impose on the applicant if the application is granted,
the Commission must renew the applicant's registration as an industry participant in the terms sought in the application.
(2) The Commission may impose such conditions and restrictions in respect of the renewal of a registration under this section as it thinks fit.
[Section 32 amended: No. 16 of 2003 s. 15; No. 44 of 2011 s. 30.]
33A. Disciplinary powers
If the Commission —
(a) is of the opinion a registered industry participant —
(i) is not a fit and proper person; or
(ii) has committed an offence against this Act; or
(iii) has not complied with any condition or restriction imposed on the person under this Part;
or
(b) after conducting an inquiry under section 48A, is of the opinion a registered industry participant has participated in a sham contest,
the Commission may do any of the following —
(c) vary or cancel any condition or restriction imposed on the participant under this Part;
(d) impose any conditions or restrictions on the participant it thinks fit;
(e) cancel or suspend the registration of that person as an industry participant.
[Section 33A inserted: No. 44 of 2011 s. 31.]
33. Offence
A person must not be involved in the conduct of a contest in a capacity that is prescribed for the purposes of the definition in section 3 of industry participant unless he or she is registered as an industry participant in that capacity.
Penalty:
(a) for a first offence, a fine of $2 000;
(b) for a subsequent offence, a fine of $10 000.
[Section 33 inserted: No. 44 of 2011 s. 32.]
34A. Commission may cancel or vary conditions or restrictions
The Commission may at any time vary or cancel a condition or restriction imposed under this Part in respect of the registration of an industry participant or impose any condition or restriction on the registration of an industry participant that it thinks fit.
[Section 34A inserted: No. 44 of 2011 s. 33.]
[Part V (s. 34) deleted: No. 44 of 2011 s. 34.]
Part VI — Contestant record books
[Heading inserted: No. 44 of 2011 s. 35.]
35. Books to be issued to registered contestants
(1) The Commission, on the first registration of a person as a contestant, must issue the person a contestant record book, in a form approved by the Commission, that —
(a) states —
(i) such personal details about the contestant as are prescribed; and
(ii) such information about the registration of the contestant as is prescribed;
and
(b) provides for the recording of —
(i) such other information about the registration of the contestant as is prescribed; and
(ii) such medical information about the contestant as is prescribed; and
(iii) such information about the contests in which the contestant participates as is prescribed.
(2) If a person, having been registered as a contestant —
(a) ceases, for any period, to be so registered; and
(b) is, after the registration ceases, again registered as a contestant,
the Commission must issue the person a contestant record book that —
(c) conforms with subsection (1); and
(d) contains the same information as was contained in any contestant record book or other book previously issued under this Act to that person.
[Section 35 inserted: No. 44 of 2011 s. 36.]
36. Altering books
(1) A person shall not enter or alter information in a contestant record book unless the person is authorised to do so under this Act.
(2) A person who enters or alters information in a contestant record book must initial the book immediately adjacent to the information.
Penalty: a fine of $6 000.
[Section 36 inserted: No. 44 of 2011 s. 37.]
[37. Deleted: No. 44 of 2011 s. 38.]
38. Damaging books
A person must not wilfully damage or deface a contestant record book.
Penalty: a fine of $6 000.
[Section 38 inserted: No. 44 of 2011 s. 39.]
39. Surrender of books
If under Part III the registration of a contestant is not renewed by the Commission, is cancelled or is suspended, the contestant must give his or her contestant record book to the Commission within 7 days after being notified of the fact.
Penalty: a fine of $500.
[Section 39 inserted: No. 44 of 2011 s. 40.]
40. Re‑issue of books
The Commission shall re‑issue a contestant's contestant record book to the contestant —
(a) where the book is surrendered under section 39 as a consequence of the suspension of registration and no application for review is made in relation to the suspension — as soon as practicable after the suspension;
(b) where the book is surrendered under section 39 and, on application made for a review of a decision of the Commission to cancel or suspend registration, the decision is set aside — as soon as is practicable after the decision is set aside.
[Section 40 amended: No. 16 of 2003 s. 28(1); No. 55 of 2004 s. 72; No. 44 of 2011 s. 41.]
41. Issuing additional books
If a contestant's contestant record book is full, the Commission must issue the contestant another contestant record book that conforms with section 35(1).
[Section 41 inserted: No. 44 of 2011 s. 42.]
42. Replacing books
If a contestant satisfies the Commission that his or her contestant record book has been spoilt, lost or destroyed the Commission must, on payment of the prescribed fee, issue the contestant a duplicate contestant record book, stamped with the word "Duplicate".
[Section 42 inserted: No. 44 of 2011 s. 43.]
Part VII — Contests
[Heading inserted: No. 16 of 2003 s. 16.]
43. Interpretation
In this Part a reference to a contest includes a reference to —
(a) a single contest;
(b) 2 or more contests, where the contests are conducted on the one occasion and at the same venue.
[Section 43 amended: No. 16 of 2003 s. 29(1).]
44. Applying for permits to conduct contests
(1) A person who desires to conduct a contest must apply to the Commission for a permit for the contest.
(2) An application made under subsection (1) must —
(a) be in a form approved by the Commission; and
(b) include the names of each person who will participate in the contest; and
(c) include any prescribed information; and
(d) be made not less than 42 days before the proposed date of the contest unless the Commission allows otherwise; and
(e) be accompanied by the prescribed fee.
(3) The Commission may ask the applicant to give the Commission any additional information the Commission needs to decide an application under section 45.
(4) The Commission may refuse to decide an application until it has received the information it needs to decide the application under section 45.
[Section 44 inserted: No. 44 of 2011 s. 44.]
45. Issuing permits for contests
(1) If on an application made under section 44 the Commission is satisfied —
(a) that any requirement that, under the regulations, must be complied with before a permit can be issued has been complied with; and
(b) that the requirements under this Act as they apply in relation to the contest referred to in the application will be complied with,
the Commission may issue a permit for the contest.
(2) The Commission may issue a permit for a contest subject to any terms, conditions and restrictions the Commission thinks fit.
(3) A permit issued for a contest must include the following information —
(a) the date, time and place of the contest;
(b) the name of each person who will participate in the contest;
(c) any terms, conditions or restrictions imposed under subsection (2);
(d) any other information that is prescribed.
(4) The Commission may refuse to issue a permit for a contest if it is of the opinion that it is necessary to do so in the interests of the health and safety of any person who would participate in the contest if the permit were issued.
(5) The Commission, on the application of the holder of the permit or on its own initiative, may at any time vary a permit for a contest.
[Section 45 inserted: No. 44 of 2011 s. 45.]
46. Notification of Commissioner of Police
(1) Where the Commission issues a permit under section 45, the Commission shall, as soon as is practicable, cause the Commissioner of Police to be notified of the date, time and place of the contest in respect of which the permit is issued.
(2) Section 73 of The Criminal Code does not apply to or in relation to a contest in respect of which a permit is issued under this Act.
[Section 46 amended: No. 16 of 2003 s. 29(1); No. 70 of 2004 s. 82.]
47AA. Commission may require information
(1) At any time after it issues a permit under section 45 for a contest and before the contest has taken place, the Commission, by giving the person a written notice, may require any or all of these persons —
(a) the person who holds the permit;
(b) a person who will participate in the contest;
(c) a person who will be involved in conducting the contest,
to give the Commission the inf
