New South Wales: Combat Sports Act 2013 (NSW)

An Act to regulate the conduct of combat sports and combat sport contests; to constitute the Combat Sports Authority of New South Wales; to repeal the Combat Sports Act 2008; and for other purposes.

New South Wales: Combat Sports Act 2013 (NSW) Image
Combat Sports Act 2013 No 96 An Act to regulate the conduct of combat sports and combat sport contests; to constitute the Combat Sports Authority of New South Wales; to repeal the Combat Sports Act 2008; and for other purposes. Part 1 Preliminary 1 Name of Act This Act is the Combat Sports Act 2013. 2 Commencement This Act commences on a day or days to be appointed by proclamation. 3 Objects of Act The objects of this Act are as follows— (a) to promote the health and safety of combat sport contestants, (b) to promote the integrity of combat sport contests, (c) to regulate combat sport contests on a harm minimisation basis, (d) to promote the development of the combat sport industry. 4 Definitions (1) In this Act— adverse security determination means a determination about a person by the Commissioner of Police that— (a) the person is not a fit and proper person to be registered, or (b) it would be contrary to the public interest for the person to be registered. amateur combat sport contest means a combat sport contest other than a professional combat sport contest. approved amateur body—see section 8. approved form means a form approved by the Authority under section 109. attending medical practitioner means a medical practitioner engaged by the promoter of a combat sport contest to be present, in the capacity of a medical practitioner, at a weigh-in for the contest or at the contest. Authority means the Combat Sports Authority of New South Wales constituted by this Act. certificate of fitness—see section 7A(1). combat sport means any sport, martial art or activity in which the primary objective of each combatant in a contest, display or exhibition of that sport, martial art or activity is to strike, kick, hit, grapple with, throw or punch one or more other combatants, but does not include a sport, martial art or activity that is prescribed by the regulations. combat sport contest means a contest, display or exhibition of combat sport— (a) to which the public are admitted on payment of a fee, or (b) arranged or held on a for profit basis, or (c) that is held on premises licensed under the Liquor Act 2007 or the Casino Control Act 1992, or (d) where at least one of the combatants is competing for a monetary prize or other valuable reward, or (e) that is prescribed by the regulations for the purposes of this definition, but does not include a contest, display or exhibition excluded from this definition by the regulations. combat sport inspector means a combat sport inspector appointed under section 84. combatant means a person who engages or proposes to engage as a contestant in a combat sport contest. contest includes an exhibition contest but does not include sparring. contest area means the competition area for a combat sport contest and includes any area between the area in which the contest takes place and any structure or other barrier between the combatants and spectators. current certificate of fitness—see section 7A(2). current serological clearance—see section 7 (2). disciplinary action—see section 33 (2). exhibition contest means a combat sport contest in which each combatant knowingly engages in the contest on the basis that— (a) there is no adjudication of the contest for the purposes of determining or declaring a winner, and (b) there is no intention of determining or declaring a winner of the contest. function includes a power, authority and duty, and exercise a function includes perform a duty. general prohibition order—see section 74. health and safety prohibition order—see section 70. judge—see section 6 (1). manager—see section 6 (1). match-maker—see section 6 (1). premises includes any structure, building, aircraft, vehicle, vessel and place (whether built on or not) and any part of any such thing. professional combat sport contest—see section 5. prohibited person means a person who is subject to a prohibition order. prohibition order means a health and safety prohibition order or a general prohibition order. promote includes arrange or hold. promoter, of a combat sport contest, means the person who has effective control of the promotion of the contest. referee—see section 6 (1). register as a combatant, industry participant or promoter, includes renewal of registration as a combatant, industry participant or promoter. registered means registered under this Act. registration class means— (a) for a combatant—the registration class, determined by the Authority under section 10, for which the combatant is registered, or (b) for an industry participant or a promoter—the registration class, determined by the Authority under section 22, for which the industry participant or promoter is registered. registration pre-condition—see section 35(2). rules means rules made by the Authority under section 107. second—see section 6 (1). serological clearance—see section 7 (1). sparring means a training or practice activity in a combat sport between 2 people in relation to which there is no adjudication for the purposes of determining or declaring, nor an intention of determining or declaring, a winner at the end of the activity. timekeeper—see section 6 (1). trainer—see section 6 (1). (2) Notes included in this Act do not form part of this Act. 5 Professional combat sport contests (1) In this Act— professional combat sport contest means a combat sport contest— (a) where at least one of the combatants is competing for a monetary prize or other valuable reward, or (b) where at least one of the combatants is registered in a registration class applicable to professional combat sport contests for the style of combat sport concerned, or (c) where at least one of the combatants has been previously registered in a registration class applicable to professional combat sport contests for the style of combat sport concerned and has not been subsequently registered as an amateur in that style of combat sport, or (d) where at least one of the combatants has previously competed for a monetary prize or other valuable reward in a combat sport contest for the style of combat sport concerned. (2) Despite subsection (1), a combat sport contest is not a professional combat sport contest merely because— (a) a combatant has been previously registered to engage in professional combat sport contests for the style of combat sport concerned, if that registration of the combatant was cancelled under section 16 (2), or (b) a combatant has previously been a combatant in a professional combat sport contest for the style of combat sport concerned at a time when the combat sport was not regulated by this Act or any preceding Act that regulated combat sports. 6 Industry participants (1) 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— (a) an individual who acts on behalf of a promoter to arrange combat sport contests between particular combatants (a match-maker), (b) 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), (c) an individual who 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 (a trainer), (d) an individual who assists a combatant as advised by a trainer and who assists a trainer in the preparation of combatants (a second), (e) an individual who determines the points scored by each combatant in a combat sport contest (a judge), (f) an individual who enforces the rules relating to a combat sport during the combat sport contest (a referee), (g) an individual who regulates the number and length of rounds, and the interval between rounds, of a combat sport contest (a timekeeper), (h) any other individual of a class of persons prescribed by the regulations for the purposes of this definition, but does not include a promoter. (2) 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. 7 Serological clearances (1) In this Act, a serological clearance, for a person, means a certificate by a medical practitioner or a pathology service provider that states— (a) 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 (b) 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. (2) 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. (3) In this section— pathology service provider means a person who provides a pathology service. 7A Certificates of fitness (1) 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— (a) 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 (b) 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 (c) is, in the medical practitioner's opinion, otherwise fit to engage in combat sport. (2) 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. 8 Approval of amateur combat sport bodies (1) 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. (2) An application is to be made in the approved form. (3) An application is to be accompanied by any other information required by the Authority. (4) An approval may be made subject to conditions. (5) The Minister may, on the recommendation of the Authority, at any time vary a condition of an approval or revoke an approval. Part 2 Registration of combatants and industry participants Division 1 Registration of combatants 9 Requirement for registration 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— (a) 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 (b) in any other case—50 penalty units or 6 months imprisonment, or both. 10 Registration classes of combatants The Authority may, with the approval of the Minister, determine the registration classes of combatants for which persons may be registered under this Act. 11 Application for registration as combatant (1) A person may apply to the Authority to be registered as a combatant of a specified registration class or classes. (2) The application must— (a) be in the approved form, and (b) specify 1 or more registration classes of combatant for which the applicant is applying to be registered, and (c) be accompanied by— (i) a current certificate of fitness for the applicant, and (ii) a current serological clearance for the applicant, and (iii) any other document or information required by the Authority for the application, and (iv) the fee, if any, prescribed by the regulations. (2A) If an application for the grant of a renewal of registration is duly made to the Authority before the registration ceases to have effect, the registration is taken to continue in force until the Authority notifies the applicant of a decision to renew the registration or refuse to renew the registration. (2B) The Authority may refuse to accept an application for the grant of a renewal of registration if the application is made more than 8 weeks before the registration ceases to have effect. (2C) The Authority may exempt an applicant from a requirement under subsection (2)(c)(i)–(iii) if, at the time the application is made— (a) for a requirement under section (2)(c)(i)—the Authority already holds a current certificate of fitness for the applicant, or (b) for a requirement under section (2)(c)(ii)—the Authority already holds a current serological clearance for the applicant, or (c) for a requirement under section (2)(c)(iii)—the Authority already holds the document or information. (3) The regulations may prescribe the fee payable for an application and the manner in which it is to be paid. 12 Minors not entitled to professional registration A person who is under the age of 18 years is not entitled to apply for registration, or to be registered, for a registration class applicable to any professional combat sport contest. 13 Determination of application (1) The Authority may register an applicant as a combatant of a specified registration class if the Authority is satisfied of the following— (a) that the application is made in accordance with this Division and any application fee has been paid, (b) that the applicant is a fit and proper person to be registered as a combatant of that class, (c) that the applicant is not less than the minimum age prescribed by this Act, the regulations or the rules as the minimum age required for registration as a combatant of that class, (d) if the applicant is subject to a registration pre-condition, that the applicant has complied with the registration pre-condition, (e) as to any other matter prescribed by the regulations for the purposes of this subsection. (2) The Authority must refuse to register an applicant as a combatant of a specified registration class if— (a) it is not satisfied of the matters specified in subsection (1), or (b) the applicant is a controlled member of a declared organisation under the Crimes (Criminal Organisations Control) Act 2012, or Note— Controlled members are prohibited from applying for registration—see section 27 of the Crimes (Criminal Organisations Control) Act 2012. (c) it is of the opinion that it is not in the interests of the health or safety of the person to grant the registration, or (c1) at the time the application is being determined, the applicant is registered for 1 or more other registration classes of combatant and the applicant's registration for the other class or classes is suspended, or (c2) in the Authority's opinion, it would be contrary to the public interest to grant the registration, or (d) in any other circumstances prescribed by the regulations for the purposes of this section. (3) Subsection (2) does not limit the grounds on which the Authority may refuse to register an applicant as a combatant of a specified registration class. (4) The Authority is not required to determine an application for registration if the Authority is not satisfied as to the identity of the applicant for registration or if the applicant fails, without reasonable excuse, to provide any relevant information requested by the Authority. (5) (Repealed) 14 Conditions of registration (1) The Authority may, on registration of a combatant or at any later time, impose conditions on the registration. (2) The Authority may impose conditions on the registration of a combatant for the health or safety of the combatant or for any other reason it thinks fit. (3) The regulations may impose standard conditions on the registration of a combatant or a class of combatants. (4) The Authority may at any time revoke a condition or vary a condition of registration (other than a condition imposed by the regulations). (5) This section does not limit any other power of the Authority under this Act to impose conditions on registration. (6) A combatant must comply with any conditions imposed on the combatant's registration. Maximum penalty—50 penalty units. 15 Duration of registration (1) The registration of a combatant ceases to have effect as follows, unless it is sooner cancelled or the term of registration is extended or reduced under this Act— (a) if the registration is a renewal of a registration that has remained in force because of section 11 (2A)—the day that is 3 years after the date on which the previous registration would have ceased to have effect but for that subsection, (b) in any other case—the day that is 3 years after the date it is granted. (2) Despite subsection (1), the Authority may register a combatant for a shorter period if the Authority is of the opinion that it is in the interests of the health or safety of the combatant to be registered for the shorter period. (3) (Repealed) (4) If a person who is registered as a combatant of a specified registration class or classes applies to the Authority during the person's term of registration to be registered again as a combatant of the same registration class or classes, the person's term of registration is extended until the Authority registers the person again or refuses to register the person again. 15A Variation of registration to add registration classes (1) A person registered as a combatant may apply to the Authority to vary the registration to add 1 or more registration classes of combatant. (2) The application must— (a) be in the approved form, and (b) be accompanied by the fee, if any, payable for the application as prescribed by the regulations, and (c) specify the registration class or classes the person is applying to add, and (d) be accompanied by— (i) a current certificate of fitness for the applicant, and (ii) a current serological clearance for the applicant, and (iii) any other document or information required by the Authority for the application. (3) The Authority may exempt an applicant from a requirement under subsection (2)(d) if, at the time the application is made— (a) for a requirement under section (2)(d)(i) or (ii)—the Authority already holds a current certificate or clearance for the applicant, or (b) for a requirement under section (2)(d)(iii)—the applicant has already provided Authority with the document or information. (4) Section 13 applies to the application as if it were an application, under section 11, to be registered as a combatant for the class to be added. (5) To avoid doubt, if the Authority grants an application to add a registration class (the added class) to the applicant's registration as a combatant, the person's registration in the added class ends on the same day as the applicant's registration as a combatant before the addition of the added class. 16 Restriction on registration of former professional combatants in amateur classes (1) This section applies to a person who— (a) is, or has been, registered as a combatant in a registration class applicable to professional combat sport contests for a style of combat sport, or (b) has competed as a combatant in a professional combat sport contest. (2) The Authority must not register the person for a registration class applicable to amateur combat sport contests for the same style of combat sport unless the Authority is satisfied the subsequent registration is appropriate. (3) The Authority may determine guidelines for deciding whether it is appropriate to subsequently register a person under subsection (2). (4) The Authority must publish any guidelines determined under subsection (3) on the Authority's website. (5) In deciding whether it is appropriate to register the person, the Authority must have regard to any guidelines published under subsection (4). (6) The person's registration in the registration class applicable to professional combat sport contests for a style of combat sport is cancelled if the person is subsequently registered in the registration class applicable to amateur combat sport contests for the same style of combat sport. 17 Register of combatants (1) The Authority must keep a register of combatants. (2) The register must contain the following— (a) the name, address and date of birth of each registered combatant, (b) the name used by a registered combatant for combat sport purposes and any other name by which the combatant is or has been known, if not the same as the combatant's name, (c) a contact telephone number or email contact details for each registered combatant, (d) the registration class or classes of each combatant, particulars of any conditions to which each registration is subject and the period of each registration, (e) details of each serological clearance provided to the Authority for each registered combatant, including the date the applicable tests were carried out, (f) particulars of any suspension or cancellation of registration or any registration pre-condition imposed, (g) any results of combat sport contests provided to the Authority, (h) information relating to certificates provided by medical practitioners as to the fitness or unfitness of combatants provided to the Authority, (i) any other information or documents prescribed by the regulations or that the Authority thinks appropriate. (3) The register is to be maintained in the manner and form approved by the Authority. (4) The Authority must ensure that information kept on the register is accurate and up-to-date. (5) The regulations may make provision for or with respect to— (a) the information on the register that may be made publicly available, and (b) the circumstances in which information on the register must be made available to particular persons. (6) It is a condition of the registration of a combatant that the combatant must notify the Authority in writing of any change in the combatant's name, other name (if any) used for combat sport purposes, address or registered contact details not later than 14 days after the change occurs. Division 2 Medical record books 18 Issue of medical record books (1) The Authority must issue each registered combatant with a medical record book in the form the Authority considers appropriate, including in electronic form. (2) A medical record book may contain 1 or more medical record cards in the approved form. (3) The Authority may, but is not required to, issue a medical record book to a registered combatant who has an equivalent record issued in accordance with, or recognised under, the law of another State or Territory or another country. (4) In any such case where a medical record book is not issued, the equivalent record is taken to be the medical record book of the registered combatant for the purposes of this Act and the regulations. 19 Provisions relating to medical record books (1) The regulations may make provision for or with respect to medical record books for registered combatants. (2) Without limiting subsection (1), the regulations may provide for the following— (a) the issue of medical record books to registered combatants, (b) the making of entries in, endorsements on, and alterations to, medical record books, (c) the production of medical record books, (d) the surrender, re-issue and replacement of medical record books, (e) the protection of medical record books. Division 3 Registration of industry participants and promoters 20 Industry participants and promoters must be registered (1) An individual must not carry out an activity as an industry participant unless the individual is registered as an industry participant of the registration class applicable to that activity. Maximum penalty— (a) in the case of a person whose registration for the applicable registration class has been cancelled (other than cancellation on surrender of registration)—80 penalty units or 6 months imprisonment, or both, or (b) in any other case—50 penalty units or imprisonment for 6 months, or both. (2) An individual must not arrange a combat sport contest unless the individual is registered as a promoter of the registration class applicable to that contest. Maximum penalty— (a) in the case of a person whose registration for the applicable registration class has been cancelled (other than cancellation on surrender of registration)—160 penalty units or 6 months imprisonment, or both, or (b) in any other case—100 penalty units or 6 months imprisonment, or both. Note— It is an offence under section 39 to hold a combat sport contest without being the holder of a permit for that contest. (3) A corporation must not carry out an activity as an industry participant. Maximum penalty—160 penalty units. (4) A corporation must not arrange a combat sport contest. Maximum penalty—320 penalty units. (5) Subsections (3) and (4) do not apply to a corporation in respect of an activity or combat sport contest if— (a) the activity or contest is carried out or arranged by an officer or employee of the corporation, and (b) the officer or employee is registered as an industry participant or promoter of a registration class applicable to that activity or contest. (6) This section does not apply to the following activities of an approved amateur body— (a) the approval of an amateur combat sport contest, (b) arranging for a judge, referee, timekeeper or combat sport inspector to officiate at or attend an amateur combat sport contest, (c) acting as a match-maker for an amateur combat sport contest. (7) This section does not apply to a person who merely provides or controls premises at which a combat sport contest is held. 21 Unauthorised persons must not hold themselves out as being industry participants or promoters (1) A person must not hold out that the person is an industry participant for the purposes of a combat sport contest unless— (a) the person is registered as an industry participant of the registration class applicable to that contest, and (b) the person is carrying out or proposing to carry out activities as an industry participant in relation to that contest. Maximum penalty—50 penalty units, or 6 months imprisonment, or both. (2) A person must not hold out that the person is the promoter of a combat sport contest unless— (a) the person is registered as a promoter of the registration class applicable to that contest, and (b) the person is the promoter of that contest. Maximum penalty—360 penalty units, or 12 months imprisonment, or both. 22 Registration classes of industry participants and promoters The Authority may, with the approval of the Minister, determine the registration classes of industry participants and promoters for which persons may be registered for this Act. 23 Application for registration as industry participant or promoter (1) An individual may apply to the Authority to be registered as an industry participant or promoter for a specified registration class or classes. (2) An application must— (a) be in the approved form, and (b) specify the class or classes for which registration is sought, and (c) be accompanied by any other information required by the Authority. (2A) If an application for the grant of a renewal of registration is duly made to the Authority before the registration ceases to have effect, the registration is taken to continue in force until the Authority notifies the applicant of a decision to renew the registration or refuse to renew the registration. (2B) The Authority may refuse to accept an application for the grant of a renewal of registration if the application is made more than 8 weeks before the registration ceases to have effect. (2C) The Authority may exempt an applicant from the requirement under subsection (2)(c) if, at the time the application is made, the Authority already holds the information. (3) The regulations may prescribe the fee payable for an application and the manner in which it is to be paid. 24 Minors not entitled to certain kinds of registration A person who is under the age of 18 years is not entitled to apply for registration as, or to be registered as, an industry participant of a registration class applicable to a manager or match-maker or as a promoter. 25 Determination of application (1) The Authority may register an applicant as an industry participant or promoter of a specified registration class if the Authority is satisfied of the following— (a) that the application is made in accordance with this Division and any application fee has been paid, (b) that the applicant is a fit and proper person to be registered as an industry participant or promoter of that class, (c) that the applicant is not less than the minimum age prescribed by this Act, the regulations or the rules as the minimum age required for registration as an industry participant or promoter of that class, (d) if the applicant is subject to a registration pre-condition, that the applicant has complied with the registration pre-condition, (e) as to any other matter prescribed by the regulations for the purposes of this subsection. (2) The Authority must refuse to register an applicant as an industry participant or promoter of a specified registration class if— (a) it is not satisfied of the matters specified in subsection (1), or (b) the applicant is a controlled member of a declared organisation under the Crimes (Criminal Organisations Control) Act 2012, or Note— Controlled members are prohibited from applying for registration—see section 27 of the Crimes (Criminal Organisations Control) Act 2012. (c) an adverse security determination has been made by the Commissioner of Police about the applicant, or (c1) that, in the Authority's opinion, it would be contrary to the public interest to grant the registration, or (d) in any other circumstances prescribed by the regulations for the purposes of this section. (3) Subsection (2) does not limit the grounds on which the Authority may refuse to register an applicant as an industry participant or promoter of a specified registration class. (4) The Authority is not required to determine an application for registration if the Authority is not satisfied as to the identity of the applicant for registration or if the applicant fails, without reasonable excuse, to provide relevant information requested by the Authority. 26 Security determinations (1) Referral to Commissioner for security determination The Authority must refer an application for registration as an industry participant in a registration class applicable to a match-maker, manager or promoter, and any relevant accompanying information, that is made in accordance with this Act to the Commissioner of Police for an investigation and determination as to either or both of the following— (a) whether the applicant is a fit and proper person to be registered, (b) whether it would be contrary to the public interest for the person to be registered. (2) On a referral under this section, the Commissioner is to inquire into and determine, and report to the Authority on, the matters set out in the referral. (3) The Commissioner is not required to make a determination under this section if the Commissioner is not satisfied as to the identity of the applicant for registration. (4) Determination by Commissioner For the purpose of making a determination, the Commissioner may have regard to any criminal intelligence report or other criminal information held in relation to the applicant that— (a) is relevant to the applicant's proposed role as a match-maker, manager or promoter, or (b) causes the Commissioner to conclude that improper conduct is likely to occur if the applicant were registered, or (c) causes the Commissioner not to have confidence that improper conduct will not occur if the applicant were registered. (5) For the purpose of making a determination, and without limitation, the Commissioner may consider the following— (a) information relating to spent convictions, despite anything to the contrary in the Criminal Records Act 1991, (b) information relating to criminal charges, whether or not heard, proven, dismissed, withdrawn or discharged, (c) information relating to offences, despite anything to the contrary in section 579 of the Crimes Act 1900. 27 Conditions of registration (1) The Authority may, on registration of an industry participant or promoter or at any later time, impose conditions on the registration. (2) The regulations may impose standard conditions on the registration of an industry participant or promoter or a class of industry participants or promoters. (3) The Authority may at any time revoke a condition or vary a condition of registration (other than a condition imposed by the regulations). (4) This section does not limit any other power of the Authority under this Act to impose conditions on registration. (5) An industry participant or promoter must comply with any conditions imposed on the industry participant's or promoter's registration. Maximum penalty— (a) for an individual—50 penalty units, or (b) otherwise—100 penalty units. 28 Duration of registration (1) The registration of an industry participant or promoter ceases to have effect as follows, unless it is sooner cancelled or the term of registration is extended or reduced under this Act— (a) if the registration is a renewal of a registration that has remained in force because of section 23 (2A)—the day that is 3 years after the date on which the previous registration would have ceased to have effect but for that subsection, (b) in any other case—the day that is 3 years after the date it is granted. (2) The Authority may, at any time, extend the term of registration of an industry participant or promoter of a registration class for the purpose of having all classes of registration of the person expire at the same time. (3) If a person who is registered as an industry participant or promoter of a specified registration class or classes applies to the Authority during the person's term of registration to be registered again as an industry participant or promoter of the same registration class or classes, the person's term of registration is extended until the Authority registers the person again or refuses to register the person again. 29 Register of industry participants and promoters (1) The Authority must keep a register of industry participants and promoters. (2) The register must contain the following— (a) the name, address and date of birth of each registered industry participant or promoter, (b) any other name by which the industry participant or promoter is or has been known, if not the same as the industry participant's or promoter's name, (c) a contact telephone number or email contact details for each registered industry participant or promoter, (d) the registration class or classes of each industry participant or promoter, particulars of any conditions to which each registration is subject and the period of each registration, (e) particulars of any suspension or cancellation of registration or registration pre-condition imposed, (f) any other information or documents prescribed by the regulations or that the Authority thinks appropriate. (3) The register is to be maintained in the manner and form approved by the Authority. (4) The Authority must ensure that information kept on the register is accurate and up-to-date. (5) The regulations may make provision for or with respect to— (a) the information included in the register that may be made publicly available, and (b) the circumstances in which information included in the register must be made available to particular persons. (6) It is a condition of the registration of an industry participant or promoter that the person must notify the Authority in writing of any change in the person's name, address or registered contact details not later than 14 days after the change occurs. Division 4 Disciplinary and other provisions 30 Grounds for disciplinary action (1) The grounds on which disciplinary action may be taken against a registered combatant, industry participant or promoter are as follows— (a) the person has contravened, or the Authority has reasonable grounds to believe that the person is likely to contravene, a provision of this Act, the regulations or the rules, (b) the person has contravened a law of another State or a Territory and the contravention would, if it had occurred in New South Wales, be a contravention of this Act, the regulations or the rules, (c) the person has contravened, or the Authority has reasonable grounds to believe that the person is likely to contravene, a condition of the person's registration or of a permit under this Act held by the person, (d) the person is not a fit and proper person to be registered, (e) the Authority is satisfied that it would be contrary to the public interest for the person to be or remain registered. (2) The regulations may specify other circumstances in which the Authority may take disciplinary action under this Division. 31 Notice to show cause why disciplinary action should not be taken (1) The Authority must, before taking disciplinary action against a registered combatant, industry participant or promoter, give the person a show cause notice and consider any response by the person within the period specified in the notice. (2) A show cause notice must— (a) specify the grounds on which disciplinary action is proposed to be taken against the person and specify the proposed action, and (b) invite the person to give reasons to the Authority, within the period specified in the notice (being a period of not less than 14 days after the notice is given), as to why disciplinary action of the kind specified in the notice should not be taken, and (c) specify the date and time of a meeting of the Authority at which the person may also attend and respond to the notice, and (d) advise the person that the person may be represented at the meeting by a legal practitioner or other person, and (e) advise the person that it is an offence to provide false or misleading information in response to the notice. (3) The Authority must ensure that the show cause notice does not, in specifying the grounds on which disciplinary action is proposed to be taken or otherwise, disclose the existence or content of any criminal intelligence report or other criminal information without the approval of the Commissioner of Police. (4) A person who is given a notice under this section may respond to the notice in writing or at a meeting of the Authority or in both ways. (5) The Authority is to determine, after the end of the period specified in the show cause notice, whether or not to take disciplinary action against the person given the notice. 32 Suspension during show cause process The Authority may, by notice in writing to a person who is given a show cause notice, suspend the registration of the person under this Act until the Authority determines whether or not to take further disciplinary action at the end of the period specified in the show cause notice. 33 Disciplinary action may be taken (1) The Authority may take disciplinary action against a registered combatant, industry participant or promoter if the Authority is of the opinion that there are grounds on which the action may be taken and the person has not, within the period specified in the show cause notice, shown sufficient reasons why the action should not be taken. (2) The following actions are disciplinary actions— (a) cancellation of registration, (b) suspension of registration, (c) reducing the period of registration or imposing or varying a condition on registration, (d) giving a written warning. (3) The Authority may take disciplinary action against a person whether or not the person has been convicted of an offence for a contravention of this Act or the regulations or the law concerned. (4) The Authority is not limited to taking the disciplinary action specified in the show cause notice. (5) A disciplinary action takes effect when notice in writing of the action is given to the person subject to the action or on a later day specified in the notice. 34 Cancellation of registration on security grounds (1) The Authority must cancel the registration of a person registered as a match-maker, manager or promoter if the Commissioner of Police advises the Authority of an adverse security determination about the person. (2) The Authority must cancel the registration of a person if the Authority becomes aware that the person is a controlled member of a declared organisation under the Crimes (Criminal Organisations Control) Act 2012. (3) The Commissioner may, at the Commissioner's discretion or at the request of the Authority, investigate and determine either or both of the following— (a) whether a registered match-maker, manager or promoter is a fit and proper person to continue to be registered, (b) whether it would be contrary to the public interest for the person to continue to be registered. (4) On a request under this section, the Commissioner is to inquire into and determine, and report to the Authority on, the matters set out in the request. (5) Section 26 (3)–(5) apply to a determination under this section about a registered person in the same way as they apply to a determination under that section about an applicant for registration. (6) The Authority is not required to give a show cause notice to a person before taking action under this section. 35 Conditions on suspension or cancellation (1) The Authority may suspend registration under this Division— (a) for a specified period or indefinitely, or (b) until specified conditions are met by the registered person. (2) If the Authority cancels a person's registration under this division, the Authority may impose a condition (a registration pre-condition) that the person must meet before the person is again eligible to be registered under this Act. (3) The Authority may at any time revoke or vary a condition imposed on a suspension under this Division or as a registration pre-condition. 36 Effect of suspension (1) A person must not engage in a combat sport contest as a combatant while the person's registration as a combatant of the registration class applicable to that contest is suspended. Maximum penalty— (a) if the suspension was on health or safety grounds under Division 2 of Part 4—50 penalty units, or (b) in any other case—80 penalty units, or 6 months imprisonment, or both. (2) A person must not carry out an activity as an industry participant while the person's registration as an industry participant of a registration class applicable to that activity is suspended. Maximum penalty—80 penalty units, or 6 months imprisonment, or both. (3) A person must not arrange a combat sport contest while the person's registration as a promoter of the registration class applicable to that contest is suspended. Maximum penalty—160 penalty units, or 6 months imprisonment, or both. (4) A person must not hold a combat sport contest if the person's registration as a promoter of the registration class applicable to that contest is suspended. Maximum penalty—500 penalty units, or 12 months imprisonment, or both. 37 Surrender of registration (1) A registered combatant, industry participant or promoter may, at any time, by written notice to the Authority, surrender either— (a) the registered combatant's, industry participant's or promoter's registration as a combatant, industry participant or promoter for 1 or more classes of registration specified in the notice, or (b) the registered combatant's, industry participant's or promoter's registration for all classes for which the combatant, industry participant or promoter is registered. (2) On receiving the notice, the Authority must— (a) for a notice under subsection (1)(a)—cancel the person's registration as a combatant, industry participant or promoter for the class or classes of registration specified in the notice, or (b) for a notice under subsection (1)(b)—cancel the person's registration as a combatant, industry participant or promoter for all classes of registration in which the person is registered. Part 3 Regulation of combat sport contests Division 1 Permits to hold combat sport contests 38 Application of Division This Division applies to a combat sport contest that consists of— (a) a single combat sport contest, or (b) 2 or more combat sport contests, if the contests are held on the one occasion and at the same venue. 39 Requirement for permit to hold particular combat sport contest (1) An individual must not hold a combat sport contest unless the person is the holder of a permit to promote the contest. Maximum penalty—360 penalty units or 12 months imprisonment, or both. Note— The person is also required to be registered as a promoter of the relevant registration class to obtain a permit (see section 41). (2) A corporation must not hold a combat sport contest. Maximum penalty—720 penalty units. (3) Subsection (2) does not apply to a corporation in respect of a combat sport contest if— (a) the contest is held by an officer or employee of the corporation, and (b) the officer or employee is registered as a promoter for the registration class applicable to that contest. (4) This section does not apply to a person who merely provides or controls premises at which a combat sport contest is held. (5) This section does not apply to the following activities of an approved amateur body— (a) the approval of an amateur combat sport contest, (b) arranging for a judge, referee, timekeeper or combat sport inspector to officiate at or attend an amateur combat sport contest, (c) acting as a match-maker for an amateur combat sport contest. 40 Application for permit (1) An individual may apply to the Authority for a permit to hold a combat sport contest. (2) An application must— (a) be in the approved form, and (b) be accompanied by any other information required by the Authority, and (c) be made not less than 28 days before the date of the proposed combat sport contest or within such lesser period as the Authority may approve in a particular case, and (d) be accompanied by the fee, if any, prescribed by the regulations. (3) (Repealed) 41 Determination of application (1) The Authority may grant a permit to hold a combat sport contest if the Authority is satisfied of the following— (a) that the application is made in accordance with this Division and any application fee has been paid, (b) that the applicant is a registered promoter of a registration class applicable to the contest, (c) in the case of an amateur combat sport contest, that the contest has been approved by an applicable approved amateur body, (d) as to any other matter prescribed by the regulations for the purposes of this section. (2) The Authority must refuse to grant a permit for a combat sport contest— (a) if it is not satisfied of the matters specified in subsection (1), or (b) if the Commissioner of Police has advised the Authority that there is a serious risk to public health or safety or a serious risk of substantial damage to property if the contest were held, or (c) in any other circumstances prescribed by the regulations for the purposes of this section. (3) Subsection (2) does not limit the grounds on which the Authority may refuse to grant a permit. (4) For the purpose of giving advice under this section, the Commissioner of Police may consider a criminal intelligence report, other criminal information or any other matter the Commissioner thinks fit. 42 Conditions of permit (1) The Authority may, on granting a permit to hold a combat sport contest or at any time before the contest, impose conditions on the permit. (2) The regulations may impose standard conditions on a permit granted to a promoter or a class of promoters. (3) The Authority may at any time revoke a condition or vary a condition of a permit (other than a condition imposed by the regulations). (4) The holder of a permit must comply with any conditions imposed on the permit. Maximum penalty— (a) for an individual—20 penalty units, or (b) otherwise—40 penalty units. 43 Notification to police of permits The Authority must, as soon as practicable after granting a permit to hold a combat sport contest, cause the Commissioner of Police to be notified in writing of the date, time and venue of the contest. 44 Revocation of permits by Authority (1) The Authority may, at any time before a combat sport contest is held, revoke the permit to hold the contest. (2) The Authority must not revoke a permit to hold a combat sport contest within 24 hours before the scheduled start of the contest unless it is satisfied that special circumstances exist warranting that action. (3) The Authority must notify the Commissioner of Police in writing of any decision to revoke a permit to hold a combat sport contest. (4) The Authority must notify the Minister in writing of any decision to revoke a permit to hold a combat sport contest within 24 hours before the scheduled start of the contest and must specify the special circumstances that warranted the action. (5) The regulations may specify the special circumstances in which a permit to hold a combat sport contest may be revoked within 24 hours before the scheduled start of the contest. 45 Revocation of permits by Commissioner of Police (1) The Commissioner of Police may, at any time before a combat sport contest is held, revoke the permit to hold the contest if the Commissioner is satisfied that, if the contest were held, there would be a serious risk— (a) to public health or safety, or (b) of substantial damage to property. (2) The Commissioner of Police must, as soon as practicable after revoking a permit to hold a combat sport contest, notify the Authority of the decision to revoke the permit. (3) For the purpose of determining whether to take action under this section, the Commissioner of Police may consider a criminal intelligence report, other criminal information or any other matter the Commissioner thinks fit. Division 2 General conduct of combat sport contests 46 Conduct of combat sport contests (1) The regulations may make provision for or with respect to the conduct of combat sport contests, and (without limitation) for or with respect to the health or safety of combatants who are, will be or intend to be engaged in contests. (2) Without limiting subsection (1), the regulations may make provision for or with respect to the following— (a) the attendance of a combat sport inspector or other persons at a weigh-in for a combat sport contest, (b) the recording of a combatant's particulars at a weigh-in for a contest, (c) the provision of serological clearances at or before a contest, (d) the attendance of a combat sport inspector or other persons at a contest, (e) the functions of an approved amateur body in relation to amateur combat sport contests or weigh-ins for amateur combat sport contests. 47 Combat sport contests prohibited at certain places A person must not hold a combat sport contest, or a combat sport contest of a class prescribed by the regulations, at— (a) a place prescribed by the regulations for the purposes of this section, or (b) a place of a class or description prescribed by the regulations for the purposes of this section. Maximum penalty— (a) in the case of a corporation—1,000 penalty units, or (b) in the case of an individual—500 penalty units or 12 months imprisonment, or both. 48 Promoter and match-maker must ensure eligibility of combatants and industry participants (1) The promoter of a combat sport contest must ensure that each combatant and industry participant involved in the contest has the applicable registration for the contest, or is exempt from that requirement under this Act. (2) Any match-maker for a combat sport contest must ensure that each combatant involved in the contest has the applicable registration for the contest, or is exempt from that requirement under this Act. Maximum penalty—80 penalty units, or 6 months imprisonment, or both. 49 Requirement for current serological clearances (1) The promoter of a combat sport contest must not permit a combatant to engage in the contest unless the combatant has a current serological clearance. Maximum penalty—500 penalty units or 12 months imprisonment, or both. (2) A combatant must not engage in a combat sport contest unless the combatant has a current serological clearance. Maximum penalty—80 penalty units, or 6 months imprisonment, or both. 50 Unfit combatant not to engage in contests or sparring (1) A combatant must not engage in a combat sport contest or sparring in the following circumstances— (a) if a medical practitioner certifies under this Part that, in the opinion of the medical practitioner, the combatant is not medically fit to engage in that contest or sparring and the combatant is so notified, (b) if a medical practitioner certifies (under this Part or otherwise) that the combatant should not engage in a contest or sparring before a specified date, the combatant is so notified and the contest or sparring is held before that date. Maximum penalty—50 penalty units. (2) This section does not apply in respect of a matter certified by a medical practitioner (other than an attending medical practitioner) to the extent that the Authority, on the advice or recommendation of a medical practitioner or after considering the report of a medical practitioner, directs that it is not to apply. 51 Obligation of promoter—unfit combatant (1) The promoter of a combat sport contest must not permit a combatant to engage in that contest if a medical practitioner certifies under this Part that, in the opinion of the medical practitioner, the combatant is not medically fit to engage in the contest. Maximum penalty—500 penalty units or imprisonment for 12 months, or both. (2) This section does not apply in respect of a matter certified by a medical practitioner (other than an attending medical practitioner) to the extent that the Authority, on the advice or recommendation of a medical practitioner or after considering the report of a medical practitioner, directs that it is not to apply. 52 Obligation of promoter—protective clothing and equipment The promoter of a combat sport contest must ensure that each combatant complies with any requirements of the regulations or rules relating to the wearing or use of protective clothing or equipment. Maximum penalty—160 penalty units. 53 Obligation of promoter—attending medical practitioner The promoter of a combat sport contest must ensure that a medical practitioner is present at and after the contest for the purposes of exercising the functions of an attending medical practitioner. Maximum penalty—500 penalty units or 12 months imprisonment, or both. 54 Obligation of promoter—notice of injury or death The promoter of a combat sport contest who becomes aware that a combatant has died or been admitted to hospital within 48 hours of the contest must, as soon as practicable after becoming aware of the death or admission, notify the Authority in writing of the death or place of admission and the date of the death or admission. Maximum penalty—80 penalty units, or 6 months imprisonment, or both. 55 Unauthorised entry into contest area A person must not, without reasonable excuse, enter or remain in or on the contest area during, or at any time until 1 hour after, a combat sport contest, unless the person— (a) is a combatant in the contest, or (b) is engaged in the control or management of the contest, or (c) is a combat sport inspector, or (d) is a police officer, or (e) is a medical practitioner acting in that capacity, or (f) is authorised to do so by the Authority, the promoter of the contest or a representative of the owner or occupier of the venue of the contest, or (g) in the case of an amateur combat sport contest, is authorised to do so by an approved amateur body for the combat sport. Maximum penalty—50 penalty units. 56 Records of professional combat sport contest results It is the duty of the combat sport inspector present at a professional combat sport contest to record the result of the contest in the approved form and to provide the record to the Authority as soon as practicable. Division 3 Medical examinations of combatants 57 Functions of attending medical practitioner (1) The pre-contest medical examination functions of an attending medical practitioner in relation to a combatant in a proposed combat sport contest are as follows— (a) to conduct such an examination of the combatant as is prescribed by the regulations, (b) to record the particulars prescribed by the regulations in the combatant's medical record book and in any other document that the regulations may prescribe, (c) to provide those particulars to any person, and in the manner, prescribed by the regulations, (d) to certify in the combatant's medical record book whether or not, in the opinion of the attending medical practitioner, the combatant is medically fit to engage in the contest, (e) if the attending medical practitioner certifies that the combatant is not medically fit to engage in the contest and considers it to be in the interests of the health or safety of the combatant to not engage in the contest—to certify in the combatant's medical record book and in any other document prescribed by the regulations that, in the opinion of the attending medical practitioner, the combatant must not engage in any combat sport contest or sparring— (i) unless the combatant has been examined and cleared by a medical practitioner as being fit to engage in combat sports, or (ii) before a specified date, or (iii) before a specified date unless the combatant has been examined and cleared by a medical practitioner as being fit to engage in combat sports, (f) without delay, to notify the combatant and, if the examination was carried out immediately before the contest, any combat sport inspector present of the matters as to which the attending medical practitioner has certified under this section. (2) An attending medical practitioner must certify under subsection (1) that the combatant is medically unfit to engage in the contest if the combatant does not have a current serological clearance. (3) The post-contest medical examination functions of an attending medical practitioner in relation to a combatant who has engaged in a combat sport contest are as follows— (a) to conduct such examination of the combatant as is prescribed by the regulations, (b) to record the particulars prescribed by the regulations in the combatant's medical record book and in any other document that the regulations may prescribe, (c) to provide those particulars to any person, and in the manner, prescribed by the regulations, (d) if the attending medical practitioner considers it to be in the interests of the health or safety of the combatant to do so—to certify in the combatant's medical record book and in any other document prescribed by the regulations that, in the opinion of the attending medical practitioner, the combatant must not engage in any combat sport contest or sparring — (i) unless the combatant has been examined and cleared by a medical practitioner as being fit to engage in combat sports, or (ii) before a specified date, or (iii) before a specified date unless the combatant has been examined and cleared by a medical practitioner as being fit to engage in combat sports, (e) without delay, if the attending medical practitioner certifies that the combatant should not engage in any combat sport contest or sparring before a specified date, notify the combatant and any combat sport inspector present of the matters as to which the attending medical practitioner has certified. 58 Pre-contest medical examination (1) A combatant must not engage in a combat sport contest unless the combatant has been examined by a medical practitioner exercising the pre-contest medical exa