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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Combat Sports Amendment Bill 2024
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Combat Sports Act 2013 No 96 3
Schedule 2 Amendment of Combat Sports Regulation 2014 33
I certify that this public bill, which originated in the Legislative Assembly, has finally passed
the Legislative Council and the Legislative Assembly of New South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2024
New South Wales
Combat Sports Amendment Bill 2024
Act No , 2024
An Act to amend the Combat Sports Act 2013 and the Combat Sports Regulation 2014 for
particular purposes.
I have examined this bill and find it to correspond in all respects with the bill as finally
passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Combat Sports Amendment Bill 2024 [NSW]
The Legislature of New South Wales enacts--
1 Name of Act
This Act is the Combat Sports Amendment Act 2024.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
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Schedule 1 Amendment of Combat Sports Act 2013 No 96
Schedule 1 Amendment of Combat Sports Act 2013 No 96
[1] Section 4 Definitions
Insert before section 4(1)--
(1A) The dictionary in Schedule 3 defines words used in this Act.
Note-- The Interpretation Act 1987 contains definitions and other provisions affecting
the interpretation and application of this Act.
[2] Section 4(1)
Omit the definitions of amateur combat sport contest, approved form, attending medical
practitioner, combat sport, disciplinary action, professional combat sport contest,
promoter, registration class of combatant, registration class of industry participant or
promoter, registration pre-condition, second and trainer.
[3] Section 4(1)
Insert in alphabetical order--
accreditation pre-condition--see section 37J(2).
amateur combat sport contest--see section 5(1).
approved form means a form approved by the Authority under section 109.
attending medical practitioner means a medical practitioner, accredited under
Part 2A, who is engaged by the promoter of a combat sport contest to--
(a) carry out the functions of an attending medical practitioner in relation
to the contest, and
(b) be present, in the capacity of a medical practitioner, at a weigh-in for the
contest or at the contest.
category 1 head injury sign means a physical indication, symptom or other
sign of a head injury specified in the rules as being a category 1 head injury
sign.
category 2 head injury sign means a physical indication, symptom or other
sign of a head injury specified in the rules as being a category 2 head injury
sign.
certificate of fitness--see section 7A(1).
close associate, of an applicant for registration as a promoter or manager under
this Act or a registered promoter or manager--see section 6A(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.
contest includes an exhibition contest but does not include sparring.
current certificate of fitness--see section 7A(2).
disciplinary actions--
(a) for Part 2, Division 4--see section 33(2), or
(b) for Part 2A, Division 2--see section 37I(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.
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Schedule 1 Amendment of Combat Sports Act 2013 No 96
medical suspension--see section 16A(2).
professional combat sport contest--see section 5(2).
promoter, of a combat sport contest, means the person who has effective
control of the promotion of the contest.
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).
relevant approved amateur body, for a combat sport contest, means an
approved amateur body for the combat sport involved in the contest.
safety training condition, in relation to a person's registration under this Act,
means a condition requiring the person to undertake, and successfully
complete to the standard required by the Authority, training relating to the
management of concussion and head injuries.
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.
sports rules, for a combat sport contest, means the rules relating to the combat
sport involved in the contest under or in accordance with which the contest is
being held or adjudicated.
trainer--see section 6(1)(c).
[4] Section 5
Omit the section. Insert instead--
5 Amateur and professional combat sport contests
(1) In this Act, a combat sport contest is an amateur combat sport contest if--
(a) the contest has been approved by a relevant approved amateur body for
the contest, and
(b) the contest is held in accordance with the approved amateur sports rules
for the combat sport in which the combatants will engage in the contest,
and
(c) the match-maker for the contest is a person nominated or approved by a
relevant approved amateur body for the contest, and
(d) none of the combatants engaging in the contest are registered, under this
Act or under the laws of another jurisdiction, in a professional class for
the style of combat sport in which the combatants will engage in the
contest, and
(e) the contest satisfies any other criteria prescribed by the regulations for
the purposes of this subsection.
(2) In this Act, a combat sport contest is a professional combat sport contest
unless the contest is--
(a) an amateur combat sport contest, or
(b) an exhibition contest.
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[5] Section 6 Industry participants
Omit "an individual who undertakes to represent the interests of a combatant in procuring
the engagement of the combatant as a contestant" from section 6(1)(b).
Insert instead "a person who undertakes to represent the interests of a combatant in
procuring the engagement of the combatant".
[6] Section 6(1)
Omit section 6(1)(c) and (d). Insert instead--
(c) an individual who does any of the following (a trainer)--
(i) 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,
(ii) assists a combatant under the supervision or on the advice of a
person mentioned in subparagraph (i),
(iii) assists a person mentioned in subparagraph (i) in the preparation
of combatants,
[7] Section 6A
Insert after section 6--
6A Close associates
(1) In this Act, a person is a close associate, of an applicant for registration as a
promoter or manager under this Act or a registered promoter or manager, if--
(a) the person--
(i) holds or will hold a relevant financial interest, or is or will be
entitled to exercise a relevant power, whether in the person's own
right or on behalf of another person, in the business of the
applicant or registered promoter or manager, and
(ii) because of that interest or power is or will be able, in the
Authority's opinion, to exercise a significant influence over or in
relation to the conduct of the business, or
(b) the person holds or will hold a relevant position, whether in the person's
own right or on behalf of another person, in the business of the applicant
or registered promoter or manager.
(2) In this section--
relevant financial interest, in relation to a business, means--
(a) a share in the capital of the business, or
(b) an entitlement to receive any income derived from the business,
whether the entitlement arises at law or in equity or otherwise.
relevant position means any of the following positions--
(a) the position of director, manager or secretary,
(b) another position, however designated, if it is an executive position,
(c) any other position prescribed by the regulations for the purposes of this
definition.
relevant power means any power, whether exercisable by voting or otherwise
and whether exercisable alone or in association with others--
(a) to participate in a directorial, managerial or executive decision, or
(b) to elect or appoint a person to a relevant position.
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[8] Section 7
Omit the section. Insert instead--
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.
[9] Section 7A
Insert after section 7--
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.
[10] Section 8 Approval of amateur combat sport bodies
Insert after section 8(4)--
(4A) An approved amateur body must comply with any conditions to which the
body's approval is subject.
Maximum penalty--100 penalty units.
[11] Section 10
Omit the section. Insert instead--
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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.
[12] Section 11 Application for registration as a combatant
Omit section 11(2). Insert instead--
(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.
[13] Section 11(2C)
Omit section 11(2C). Insert instead--
(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.
[14] Section 13 Determination of application
Insert after section 13(2)(c)--
(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
[15] Section 14 Conditions of registration
Insert "standard" before "conditions" in section 14(3).
[16] Section 14(6)
Insert after section 14(5)--
(6) A combatant must comply with any conditions imposed on the combatant's
registration.
Maximum penalty--50 penalty units.
[17] Section 15 Duration of registration
Omit section 15(3).
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[18] Section 15A
Insert after section 15--
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.
[19] Section 16
Omit section 16. Insert instead--
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.
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(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.
[20] Sections 16A-16G
Insert after section 16--
16A Automatic suspension of registration--medical suspensions
(1) A person's registration as a combatant is automatically suspended in the
following circumstances--
(a) the person loses a combat sport contest by knockout under the sports
rules for the combat sport involved in the contest,
(b) the person becomes the subject of an automatic or other suspension on
the basis of a medical suspension certification by an authority
responsible for the regulation and administration of combat sports in
another jurisdiction,
(c) the person becomes the subject of a medical suspension certification by
a medical practitioner in New South Wales,
(d) the person becomes the subject of a medical suspension certification by
a medical practitioner in another jurisdiction.
(2) In this Act, the suspension of a person's registration under this section is a
medical suspension.
(3) The suspension of the person's registration as a combatant under this section
applies to each registration class of combatant in which the person is
registered.
(4) In this section--
knockout--
(a) includes a technical knockout if the person who calls for the contest to
be stopped (the caller) does so--
(i) on the basis that the caller observed a category 1 head injury sign
in a combatant, or
(ii) under a direction by another person who observed a category 1
head injury sign in a combatant, but
(b) does not include a tap out or submission.
medical suspension certification means a certification by a medical
practitioner on any of the following terms--
(a) that, in the medical practitioner's opinion, the person is not medically
fit to engage in a combat sport contest or sparring,
(b) that the person must not engage in any combat sport contest or sparring
until the person has been examined and cleared by a medical
practitioner as being fit to engage in combat sport,
(c) that the person must not engage in any combat sport contest or sparring
before a specified date,
(d) that the person must not engage in any combat sport contest or sparring
before a specified date unless the person has been examined and cleared
by a medical practitioner as being fit to engage in combat sport.
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16B Automatic suspension of registration--safety training conditions
A person's registration as a combatant is automatically suspended if the person
does not comply with a safety training condition of the person's registration.
16C Duration of automatic suspensions
(1) The medical suspension of a person's registration starts--
(a) for a medical suspension under section 16A(1)(a)--as soon as the
knockout occurs, or
(b) for a medical suspension under section 16A(1)(b)--when the automatic
or other suspension started, or
(c) for a medical suspension under section 16A(1)(c) or (d)--when the
person is notified of the medical suspension.
(2) The medical suspension of a person's registration ends--
(a) for a medical suspension under section 16A(1)(a)--in accordance with
the regulations, or
(b) for a medical suspension relating to a certification that the person is not
medically fit to engage in a combat sport contest or sparring--on the
day a medical practitioner subsequently certifies that the person is
medically fit to engage in a contest or sparring, or
(c) for a medical suspension under section 16A(1)(b)--on the day the
automatic or other suspension ends, or
(d) for a medical suspension relating to a certification that the person must
not engage in any combat sport contest or sparring until the person has
been examined and cleared by a medical practitioner as being fit to
engage in combat sport--on the day the person is examined and cleared
by a medical practitioner as being fit to engage in combat sport, or
(e) for a medical suspension relating to a certification that the person must
not engage in any combat sport contest or sparring before a specified
date--on the specified date, or
(f) for a medical suspension relating to a certification that the person must
not engage in any combat sport contest or sparring before a specified
date unless the person has been examined and cleared by a medical
practitioner as being fit to engage in combat sport--on the earlier of the
specified date or the day the person is examined and cleared by a
medical practitioner as being fit to engage in combat sport.
(3) The automatic suspension of a person's registration under section 16B--
(a) starts at the end of the day on which the person was due to comply with
the safety training condition, and
(b) ends at the end of the day on which person complies with the safety
training condition as stated in the notice given under section 16G(2).
16D Authority must notify combatants of particular medical suspensions
(1) As soon as reasonably practicable after becoming aware that a combatant is
the subject of a medical suspension imposed as a result of a certification given
by a medical practitioner under Part 3, the Authority must give the combatant
written notice of the combatant's medical suspension.
(2) The notice must state the following--
(a) the combatant's name,
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(b) that the person's registration as a combatant is automatically suspended
under the Act, section 16A,
(c) for a medical suspension under section 16A(1)(a)--the details of the
contest in which the combatant was knocked out,
(d) for a medical suspension under section 16A(1)(c)--the details of the
medical suspension certification,
(e) when the medical suspension started and will end.
16E Combatant must notify Authority of particular medical suspensions
(1) This section applies to a combatant who becomes the subject of a medical
suspension other than a medical suspension imposed as a result of a
certification given by a medical practitioner under Part 3.
(2) The combatant must give the Authority notice of the medical suspension as
soon as reasonably practicable after becoming aware of the medical
suspension.
Maximum penalty--50 penalty units.
(3) The notice must--
(a) state the combatant's name, and
(b) state that the combatant is the subject of a medical suspension, and
(c) state the day on which the combatant became aware of the medical
suspension, and
(d) for a medical suspension referred to in section 16A(1)(b)-(d)--
(i) state the name and contact details of the authority or medical
practitioner, and
(ii) state the terms of the medical suspension, and
(iii) be accompanied by a copy of the medical suspension
certification.
16F Combatant must notify Authority of end of particular medical suspensions
(1) This section applies if the notice of a combatant's medical suspension given
under section 16D or 16E does not specify a date on which the medical
suspension ends.
(2) The combatant must give the Authority written notice of the end of the
combatant's medical suspension as soon as practicable after the medical
suspension ends.
(3) The notice must include the following information--
(a) the combatant's name,
(b) the day on which the medical suspension ended,
(c) details of the medical suspension to which the notice relates, including
the conditions that were required to be met for the medical suspension
to end,
(d) a copy of any certification by a medical practitioner required to end the
medical suspension.
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16G Authority must notify combatants of automatic suspension--safety training
conditions
(1) As soon as reasonably practicable after becoming aware of the automatic
suspension of a person's registration under section 16B, the Authority must
give the person written notice of the suspension.
(2) As soon as reasonably practicable after becoming aware that a person has
complied with the safety training condition to which the automatic suspension
relates, the Authority must give the person written notice of the end of the
suspension.
(3) A notice given under this section must state the following--
(a) the person's name and combatant registration number,
(b) the safety training condition to which the suspension relates,
(c) that the person's registration as a combatant is, or was, automatically
suspended under the Act, section 16B,
(d) the day on which the suspension started,
(e) for a notice under subsection (1)--that the suspension will end at the
end of the day on which the person complies with the safety training
condition,
(f) for a notice under subsection (2)--the day on which the person
complied with the safety training condition.
[21] Section 17 Register of combatants
Omit section 17(5). Insert instead--
(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.
[22] Section 18 Issue of medical record books
Omit section 18(1) and (2). Insert instead--
(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.
[23] Section 20 Industry participants and promoters must be registered
Omit section 20(3) and (4). Insert instead--
(3) A corporation must not--
(a) carry out an activity as a manager unless the corporation is registered as
a manager for the registration class applicable to the contest, or
(b) otherwise carry out an activity as an industry participant.
Maximum penalty--
(a) for a corporation whose registration for the applicable registration class
has been cancelled, other than cancellation on surrender of
registration--320 penalty units, or
(b) otherwise--200 penalty units.
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(4) A corporation must not promote a combat sport contest unless the corporation
is registered as a promoter for the registration class applicable to the contest.
Maximum penalty--
(a) for a corporation whose registration for the applicable registration class
has been cancelled, other than cancellation on surrender of
registration--320 penalty units, or
(b) otherwise--200 penalty units.
[24] Section 20(6)(c)
Omit the paragraph.
[25] Section 22
Omit the section. Insert instead--
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.
[26] Section 23 Application for registration as industry participant or promoter
Omit "of a specified" from section 23(1). Insert instead "for a specified".
[27] Section 23(1A)
Insert after section 23(1)--
(1A) A corporation may apply to the Authority to be registered as a manager or
promoter for a specified registration class or classes.
[28] Section 23(2)
Omit the subsection. Insert instead--
(2) The application must--
(a) be in the approved form, and
(b) specify 1 or more classes in which the applicant is applying to be
registered, and
(c) for an application by a corporation--
(i) include the name and contact details of a person nominated by the
corporation to be the contact person for the purposes of the
registration, and
(ii) include the following details for each close associate of the
applicant--
(A) the close associate's name,
(B) the close associate's date and place of birth,
(C) the close associate's residential address, and
(d) be accompanied by any other document or information required by the
Authority for the application, and
(e) be accompanied by the fee, if any, prescribed by the regulations.
[29] Section 23(2C)
Omit "subsection (2)(c)". Insert instead "subsection (2)(d)".
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[30] Section 23(3)
Omit the subsection.
[31] Section 25 Determination of application
Insert "for an application by an individual--" before "that the applicant" in section
25(1)(c).
[32] Section 25(2)(c1)
Insert after section 25(2)(c)--
(c1) that, in the Authority's opinion, it would be contrary to the public
interest to grant the registration, or
[33] Section 25(5)
Insert after section 25(4)--
(5) For the purposes of determining an application by a corporation for
registration as a manager or promoter, a reference in this section to the
applicant includes a reference to each close associate of the applicant.
[34] Section 26 Security determinations
Insert after section 26(5)--
(6) For the purposes of investigating and making a determination in relation to an
application by a corporation for registration as a manager or promoter, a
reference in this section to the applicant includes a reference to each close
associate of the applicant.
[35] Section 27 Conditions of registration
Insert "standard" before "conditions" in section 27(2).
[36] Section 27(5)
Insert after section 27(4)--
(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.
[37] Section 28 Duration of registration
Omit section 28(2).
[38] Sections 28A-28D
Insert after section 28--
28A Variation of registration to add registration class
(1) A person registered as an industry participant may apply to the Authority to
vary the person's registration to add 1 or more registration classes of industry
participant.
(2) A person registered as a promoter may apply to the Authority to vary the
person's registration to add 1 or more registration classes of promoter.
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(3) The application must--
(a) be in the approved form, and
(b) be accompanied by the fee, if any, payable for the application
prescribed by the regulations, and
(c) specify the registration class or classes the person is applying to add,
and
(d) be accompanied by any other document or information required by the
Authority for the application.
(4) The Authority may exempt an applicant from a requirement under subsection
(3)(d) if the applicant has already provided the Authority with the document
or information.
(5) Sections 25 and 26 apply to the application as if it were an application, under
section 23, to be registered as an industry participant or promoter for the
registration class to be added.
(6) To avoid doubt, if the Authority grants an application to add a registration
class (the added class), the applicant's registration in the added class ends on
the same day as the applicant's registration as an industry participant or
promoter before the addition of the added class.
28B Automatic suspension of registration--safety training conditions
A person's registration as an industry participant or promoter is automatically
suspended if the person does not comply with a safety training condition of the
person's registration.
28C Duration of automatic suspension of registration--safety training conditions
(1) The automatic suspension of a person's registration under section 28B starts
at the end of the day on which the person was due to comply with the safety
training condition.
(2) The suspension ends at the end of the day on which the person complies with
the safety training condition as specified in the notice given under section 28D.
28D Notice of automatic suspension of registration--safety training conditions
(1) As soon as reasonably practicable after becoming aware of the automatic
suspension of a person's registration under section 28B, the Authority must
give the person written notice of the suspension.
(2) As soon as reasonably practicable after becoming aware that a person has
complied with the safety training condition to which the automatic suspension
relates, the Authority must give the person written notice of the end of the
suspension.
(3) A notice given under this section must state the following--
(a) the person's name and industry participant or promoter registration
number,
(b) the safety training condition to which the suspension relates,
(c) that the person's registration as an industry participant or promoter is
automatically suspended under section 28B,
(d) the day on which the suspension started,
(e) for a notice under subsection (1)--that the suspension will end at the
end of the day on which the person complies with the safety training
condition,
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(f) for a notice under subsection (2)--the day on which the person
complied with the safety training condition.
[39] Section 29 Register of industry participants and promoters
Omit section 29(5). Insert instead--
(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.
[40] Section 30 Grounds for disciplinary action
Insert after section 30(1)(d)--
(e) the Authority is satisfied that it would be contrary to the public interest
for the person to be or remain registered.
[41] Section 35 Conditions on suspension or cancellation
Omit section 35(2). Insert instead--
(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.
[42] Section 37
Omit the section. Insert instead--
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.
[43] Part 2A
Insert after section 37--
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Part 2A Accreditation of attending medical practitioners
Division 1 Accreditation of attending medical practitioners
37A Attending medical practitioners must be accredited
(1) A person must not carry out an activity as, or exercise a function of, an
attending medical practitioner unless the person is accredited as an attending
medical practitioner by the Authority.
Maximum penalty--50 penalty units.
(2) A promoter for a combat sport contest must not engage a person to be present,
in the capacity of an attending medical practitioner, at a weigh-in for the
contest or at the contest unless the person is accredited as an attending medical
practitioner by the Authority.
Maximum penalty--
(a) for an individual--500 penalty units, or
(b) otherwise--1000 penalty units.
37B Applications for accreditation as attending medical practitioner
(1) A medical practitioner may apply to the Authority for accreditation as an
attending medical practitioner.
(2) An 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) be accompanied by--
(i) evidence of the medical practitioner's current registration with
the Australian Health Practitioner Regulation Agency as a
medical practitioner, and
(ii) evidence that the medical practitioner holds current medical
indemnity insurance of an appropriate level to cover a combat
sport contest, and
(iii) evidence that the medical practitioner holds any other
qualification, or has successfully completed any training or
course of education, required by the Authority for accreditation,
and
(iv) any other document or information prescribed by the regulations
or required by the Authority for the application.
37C Deciding application
(1) The Authority may accredit a medical practitioner as an attending medical
practitioner if the Authority is satisfied of the following--
(a) that the application is made in accordance with this division,
(b) any other matter prescribed by the regulations.
(2) The Authority must refuse to accredit a medical practitioner as an attending
medical practitioner--
(a) if the Authority is not satisfied of the matters specified in subsection (1),
or
(b) in any other circumstances prescribed by the regulations.
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(3) Subsection (2) does not limit the grounds on which the Authority may refuse
to accredit a medical practitioner as an attending medical practitioner.
(4) The Authority is not required to decide an application for accreditation as an
attending medical practitioner if--
(a) the Authority is not satisfied as to the identity of the applicant, or
(b) the applicant fails, without reasonable excuse, to provide any relevant
document or information requested by the Authority.
37D Conditions of accreditation
(1) The Authority may, on the accreditation of an attending medical practitioner
or at any later time, impose conditions on the accreditation.
(2) The regulations may impose standard conditions on the accreditation of
attending medical practitioners.
(3) The Authority may, at any time, revoke a condition or vary a condition on the
accreditation of an attending medical practitioner, other than a standard
condition imposed by the regulations.
(4) This section does not limit any other power of the Authority under this Act to
impose conditions on accreditation.
(5) A person must comply with any conditions imposed on the person's
accreditation.
Maximum penalty for subsection (5)--50 penalty units.
37E Register of attending medical practitioners
(1) The Authority must keep a register of attending medical practitioners.
(2) The register must include the following details for each person accredited as
an attending medical practitioner--
(a) the person's name and date of birth,
(b) the person's home address and business address,
(c) the person's telephone number or email,
(d) the person's Australian Health Practitioner Regulation Agency
registration number,
(e) details of any conditions to which the person's accreditation is subject,
(f) details of any suspension or cancellation of the person's accreditation,
including any conditions or pre-accreditation conditions imposed,
(g) any other information prescribed by the regulations.
(3) The Authority may determine the way in which the register is maintained.
(4) The Authority must ensure that information included on the register is accurate
and up to date.
(5) The regulations may make provision for or with respect to--
(a) the information included on the register that may be made publicly
available, and
(b) the circumstances in which information included on the register must be
made available to particular persons.
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Division 2 Disciplinary and other provisions
37F Grounds for disciplinary action
The Authority may take disciplinary action against an attending medical
practitioner on any of the following grounds--
(a) the attending medical practitioner is no longer a medical practitioner or
the attending medical practitioner's registration with the Australian
Health Practitioner Regulation Agency as a medical practitioner is
suspended,
(b) the Authority considers the attending medical practitioner is not
satisfactorily exercising, or cannot satisfactorily exercise, the functions
of an attending medical practitioner,
(c) the attending medical practitioner has contravened, or the Authority has
reasonable ground to believe the attending medical practitioner is likely
to contravene, a provision of this Act, the regulations or the rules,
(d) the attending medical practitioner has contravened a law of another
jurisdiction and the contravention would, if it had occurred in New
South Wales, be a contravention of this Act, the regulations or the rules,
(e) the attending medical practitioner has not complied with, or the
Authority has reasonable ground to believe the attending medical
practitioner is likely to not comply with, a condition of the attending
medical practitioner's accreditation,
(f) the attending medical practitioner no longer holds current medical
indemnity insurance of an appropriate level to cover a combat sport
contest,
(g) any other ground prescribed by the regulations.
37G Notice to show cause why disciplinary action should not be taken
(1) If the Authority believes a ground to take disciplinary action against an
attending medical practitioner exists, the Authority must give the attending
medical practitioner written notice (a show cause notice) that states the
following--
(a) the attending medical practitioner's name,
(b) the disciplinary action the Authority proposes taking (the proposed
action),
(b) details of the accreditation to which the proposed action relates,
(c) details of the ground for the proposed action,
(d) if the proposed action is a suspension of the attending medical
practitioner's accreditation--the proposed period of the suspension,
(e) that the attending medical practitioner may make written submissions to
the Authority, within a stated period of not less than 14 days after the
show cause notice is given to the attending medical practitioner (the
submission period), about why the proposed action should not be taken,
(f) the date and time of a meeting of the Authority at which the attending
medical practitioner may also attend and respond to the show cause
notice,
(g) that the attending medical practitioner may be represented at the
meeting by a legal representative or other person,
(h) that it is an offence to give false or misleading information in response
to the show cause notice.
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(2) The Authority must ensure the show cause notice does not, in stating the
ground 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.
(3) The attending medical practitioner may respond to the notice--
(a) in writing to the Authority, or
(b) at the meeting of the Authority stated in the notice, or
(c) in both ways.
(4) After the end of the submission period, the Authority must decide whether or
not to take disciplinary action against the attending medical practitioner.
(5) In deciding whether to take disciplinary action, the Authority must consider
any response given by the attending medical practitioner to the show cause
notice--
(a) within the submission period, or
(b) at the meeting of the Authority stated in the notice.
37H Suspension during show cause process
(1) The Authority may, by written notice to an attending medical practitioner
given a show cause notice under section 37G, suspend the person's
accreditation as an attending medical practitioner until the Authority decides
whether or not to take disciplinary action against the person under this
division.
(2) The notice must state--
(a) the date on which the suspension of the person's accreditation as an
attending medical practitioner starts, and
(b) that the person's registration as an attending medical practitioner is
suspended until the Authority decides whether or not to take
disciplinary action against the person under this division.
37I Disciplinary action may be taken
(1) The Authority may take disciplinary action against the attending medical
practitioner if the Authority is satisfied--
(a) there are grounds for taking the disciplinary action, and
(b) after considering any responses referred to in section 37G(5), the
attending medical practitioner has not shown sufficient reasons why
disciplinary action should not be taken.
(2) The following actions are disciplinary actions the Authority may take--
(a) cancellation of the attending medical practitioner's accreditation,
(b) suspension of the attending medical practitioner's accreditation,
(c) imposition or variation of a condition on the attending medical
practitioner's accreditation,
(d) the giving of a written warning to the attending medical practitioner.
(3) The Authority may take disciplinary action against the attending medical
practitioner whether or not the attending medical practitioner has been
convicted of an offence against this Act, the regulations or any other law.
(4) The Authority is not limited to taking the disciplinary action stated in the show
cause notice.
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(5) The Authority must give the attending medical practitioner written notice of
the Authority's decision.
(6) The notice must include the following details--
(a) the attending medical practitioner's name,
(b) if disciplinary action is taken against the attending medical
practitioner--
(i) details of the disciplinary action taken, and
(ii) details of the ground on which the disciplinary action is being
taken,
(d) if the disciplinary action is a suspension of the attending medical
practitioner's accreditation--
(i) the day on which the suspension starts, and
(ii) the day on which the suspension ends,
(e) if the disciplinary action is cancellation of the attending medical
practitioner's accreditation--the day on which cancellation takes effect,
(f) any other details prescribed by the regulations.
37J Conditions on suspension or cancellation of accreditation
(1) The Authority may suspend a person's accreditation as an attending medical
practitioner under this division--
(a) for a specified period or indefinitely, or
(b) until specified conditions are met by the person.
(2) If the Authority cancels a person's accreditation under this division, the
Authority may impose a condition (an accreditation pre-condition) that the
person must meet before the person is again eligible to be accredited as an
attending medical practitioner under this Act.
(3) The Authority may, at any time, revoke or vary--
(a) a condition imposed under subsection (1), or
(a) a pre-accreditation condition.
37K Effect of suspension
A person must not carry out an activity as, or exercise a function of, an
attending medical practitioner while the person's accreditation as an attending
medical practitioner is suspended.
Maximum penalty--50 penalty units.
[44] Section 38 Application of division
Insert at the end of section 38(b)--
, or
(c) 2 or more combat sport contests, if the contests are held on consecutive
days and at the same venue.
[45] Section 39
Omit the section. Insert instead--
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39 Requirement for permit to hold particular combat sport contest
(1) A person must not hold a combat sport contest unless the person is the holder
of a permit to promote the contest.
Maximum penalty--
(a) for an individual--360 penalty units or imprisonment for 12 months, or
both, or
(b) otherwise--720 penalty units.
(2) For the purposes of subsection (1)--
(a) a person does not hold a combat sport contest if the person only provides
or controls the premises at which the contest is held, and
(b) an approved amateur body does not hold an amateur combat sport
contest if the approved amateur body only does 1 or both of the
following--
(i) approves the contest,
(ii) arranges for a judge, referee, timekeeper or combat sport
inspector to officiate at or attend the contest.
[46] Section 40 Application for permit
Omit "An individual" from section 40(1). Insert instead "A person".
[47] Section 40(2)(d)
Insert at the end of section 40(2)(c)--
, and
(d) be accompanied by the fee, if any, prescribed by the regulations.
[48] Section 40(3)
Omit the subsection.
[49] Section 42 Conditions of permit
Insert "standard" before "conditions" in section 42(2).
[50] Section 42(4)
Insert after section 42(3)--
(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.
[51] Section 50
Omit the section. Insert instead--
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) a medical practitioner certifies under this part that, in the medical
practitioner's opinion, the combatant is not medically fit to engage in
the contest or sparring and the combatant is notified of the certification,
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(b) a medical practitioner certifies, under this part or otherwise, that the
combatant must not engage in any combat sport contest or sparring until
the combatant has been examined and cleared by a medical practitioner
as being fit to engage in combat sports and--
(i) the combatant is notified of the certification, and
(ii) the combatant has not been examined and cleared by a medical
practitioner as being fit to engage in combat sports before the
contest or sparring,
(c) a medical practitioner certifies, under this part or otherwise, that the
combatant must not engage in any combat sport contest or sparring
before a specified date, and--
(i) the combatant is notified of the certification, and
(ii) the contest or sparring is held before the specified date,
(d) a medical practitioner certifies, under this part or otherwise, that the
combatant must not engage in any combat sport contest or sparring
before a specified date unless the combatant has been examined and
cleared by a medical practitioner as being fit to engage in combat sports
and--
(i) the combatant is notified of the certification, and
(ii) the contest or sparring is held before the specified date and the
combatant has not been examined and cleared by a medical
practitioner as being fit to engage in combat sports before the
contest or sparring.
Maximum penalty--50 penalty units.
(2) This section does not apply in relation to 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.
(3) The combatant must give the Authority written notice of the medical
practitioner's certification as soon as practicable after being notified of the
certification unless the certification is given under this part.
Maximum penalty--20 penalty units.
[52] Section 51 Obligation of promoter--unfit combatant
Omit section 51(1), penalty. Insert instead--
Maximum penalty--
(a) for an individual--500 penalty units or imprisonment for 12 months, or
both, or
(b) otherwise--1,000 penalty units.
[53] Section 52 Obligation of promoter--protective clothing and equipment
Omit the penalty. Insert instead--
Maximum penalty--
(a) for an individual--160 penalty units, or
(b) otherwise--320 penalty units.
[54] Section 53 Obligation of promoter--attending medical practitioner
Insert "accredited under Part 2A" before "is present".
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[55] Section 53
Omit the penalty. Insert instead--
Maximum penalty--
(a) for an individual--500 penalty units or imprisonment for 12 months, or
both, or
(b) otherwise--1,000 penalty units.
[56] Section 54 Obligation of promoter--notice of injury or death
Omit the penalty. Insert instead--
Maximum penalty--
(a) for an individual--80 penalty units, or imprisonment for 6 months, or
both, or
(b) otherwise--160 penalty units.
[57] Section 57, heading
Insert "attending" before "medical practitioner".
[58] Section 57(1)
Omit "a medical practitioner". Insert instead "an attending medical practitioner".
[59] Section 57(1)(d)
Insert "attending" before "medical practitioner".
[60] Section 57(1)(e)
Omit the paragraph. Insert instead--
(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,
[61] Section 57(1)(f)
Insert "attending" before "medical practitioner".
[62] Section 57(3)(d)
Omit the paragraph. Insert instead--
(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 --
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(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,
[63] Section 57(3)(e)
Insert "attending" before "medical practitioner" wherever occurring.
[64] Section 58 Pre-contest medical examination
Omit ", on the day of the contest," from section 58(1).
[65] Section 58(1A)
Insert after subsection (1)--
(1A) The examination must be undertaken--
(a) on the day of the contest, and
(b) if the combatant has engaged in any other combat sport contests (the
previous contests) on the day of the contest--after the previous
contests.
[66] Section 58(2)
Omit the subsection. Insert instead--
(2) The promoter of a combat sport contest must not permit a combatant to engage
in the contest unless the promoter is satisfied that----
(a) the combatant has been examined by the attending medical practitioner
under subsection (1), and
(b) the attending medical practitioner has sighted the combatant's medical
record book, and
(c) the attending medical practitioner has certified that the combatant is
medically fit to engage in the contest.
Maximum penalty--
(a) for an individual--500 penalty units or imprisonment for 12 months, or
both, or
(b) otherwise--1000 penalty units.
[67] Section 59 Post-contest medical examination
Omit "been a contestant" from section 59(1). Insert instead "engaged as a combatant".
[68] Part 3, Division 4, heading
Omit "of". Insert instead "or suspending".
[69] Section 62 Direction not to hold or participate in combat sport contest
Insert "or engage" after "participate" in section 62(1)(c).
[70] Section 62(2)
Insert "before," after "may,".
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[71] Section 63
Omit the section. Insert instead--
63 Direction by attending medical practitioner to stop and end contest
The attending medical practitioner for a combat sport contest must direct the
referee for the contest to stop and end the contest, unless the referee has
already done so--
(a) if, in the attending medical practitioner's opinion,
(i) there is a serious impairment to a combatant's ability to defend
themself or continue in the contest, or
(ii) there is a likelihood of serious injury to a combatant's health if
the contest were to continue, or
(b) if the attending medical practitioner observes a category 1 head injury
sign in a combatant, or
(c) in any other circumstances prescribed by the regulations or specified by
the rules.
[72] Section 63A
Insert after section 63--
63A Direction by attending medical practitioner to suspend contest
The attending medical practitioner for a combat sport contest must direct the
referee for the contest to suspend the contest, unless the referee has already
done so--
(a) if the attending medical practitioner observes a category 2 head injury
sign in a combatant, or
(b) in any other circumstances prescribed by the regulations or specified by
the rules.
[73] Section 64
Omit the section. Insert instead--
64 Direction by combat sport inspector to stop and end contest
A combat sport inspector present at a combat sport contest must direct the
referee for the contest to stop and end the contest, unless the referee has
already done so--
(a) if, in the combat sport inspector's opinion--
(i) there is a serious impairment to a combatant's ability to defend
themself or continue in the contest, or
(ii) there is a likelihood of serious injury to a combatant's health if
the contest were to continue, or
(b) if the combat sport inspector observes a category 1 head injury sign in
a combatant, or
(c) if a disruption occurs that, in the combat sport inspector's opinion,
warrants stopping and ending the contest, or
(d) in any other circumstances prescribed by the regulations or specified by
the rules.
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[74] Section 64A
Insert after section 64--
64A Direction by combat sport inspector to suspend contest
A combat sport inspector present at a combat sport contest must direct the
referee for the contest to suspend the contest, unless the referee has already
done so--
(a) if the combat sport inspector observes a category 2 head injury sign in
a combatant, or
(b) if a disruption occurs that, in the combat sport inspector's opinion,
warrants suspending the contest, or
(c) in any other circumstances prescribed by the regulations or specified by
the rules.
[75] Section 66
Omit section 66. Insert instead--
66 Referee's duty to stop and end combat sport contest
(1) The referee for a combat sport contest must immediately stop and end the
contest--
(a) if directed to stop and end the contest by--
(i) the attending medical practitioner under section 63, or
(ii) a combat sport inspector under section 64, or
(b) if, in the referee's opinion--
(i) there is a serious impairment to a combatant's ability to defend
themself or continue in the contest, or
(ii) there is a likelihood of serious injury to a combatant's health if
the contest were to continue, or
(c) if the referee observes a category 1 head injury sign in a combatant, or
(d) if a combatant asks the referee to stop and end the contest, or
(e) if a trainer of a combatant asks the referee to stop and end the contest, or
(f) if the referee carries out a modified head injury assessment on a
combatant under section 66A--the combatant does not pass the
assessment, or
(g) if a disruption occurs that, in the referee's opinion, warrants stopping
and ending the contest, or
(h) in any other circumstances prescribed by the regulations or specified by
the rules.
Maximum penalty--500 penalty units or imprisonment for 12 months, or
both.
(2) Without limiting the way in which a request may be made under subsection
(1)(d) or (e), the request may be made in a way that was agreed between the
referee and the combatant or trainer before the contest, including by a signal.
[76] Section 66A
Insert after section 66--
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66A Referee's duty to suspend combat sport contest
(1) The referee for a combat sport contest must immediately suspend the
contest--
(a) after being directed to suspend the contest by--
(i) the attending medical practitioner under section 63A, or
(ii) a combat sport inspector under section 64A.
(b) if the referee observes a category 2 head injury sign in a combatant, or
(c) if a disruption occurs that, in the referee's opinion, warrants suspending
the contest, or
(d) in any other circumstances prescribed by the regulations or specified by
the rules.
Maximum penalty--500 penalty units or imprisonment for 12 months, or
both.
(2) If the referee suspends the contest under subsection (1)(a) or (b), the referee
must either--
(a) carry out a modified head injury assessment, in accordance with the
rules, on the combatant in whom the category 2 head injury sign was
observed, or
(b) direct the attending medical practitioner for the contest to carry out a
modified head injury assessment, in accordance with the rules, on the
combatant in whom the category 2 head injury sign was observed.
(3) A regulation or rule under subsection (1)(d) may require the referee to carry
out, or direct the attending medical practitioner for the contest to carry out, a
modified head injury assessment, in accordance with the rules, on a
combatant.
(4) The referee must not resume the contest unless--
(a) if the referee is required to carry out, or directs the attending medical
practitioner to carry out, a modified head injury assessment of a
combatant under subsection (2) or the regulations or rules--the referee
or attending medical practitioner carries out, and the combatant passes,
the assessment, or
(b) the disruption or circumstance that warranted or required the contest be
suspended has ended and, in the referee's opinion, it is appropriate to
resume the contest.
Maximum penalty--500 penalty units or imprisonment for 12 months, or
both.
[77] Section 71 Authority may make health and safety prohibition orders
Insert ", or any other person," after "the person" in section 71(1)(a).
[78] Section 74 General prohibition orders
Omit "within a specified period of the day" from section 74(e).
Insert instead "on the day or days".
[79] Section 77 Administrative review of decisions by Civil and Administrative Tribunal
Insert after section 77(1)(g)--
(g1) a decision under section 37C to refuse to accredit the person as an
attending medical practitioner,
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(g2) a decision under section 37D to impose conditions on the person's
accreditation as an attending medical practitioner,
(g3) a decision by the Authority to take disciplinary action under Part 2A,
Division 2 in respect of the person,
[80] Section 85 Functions of combat sport inspectors
Omit section 85(3)-(5).
[81] Sections 85A-85C
Insert after section 85--
85A Powers of combat sport inspectors to enter premises without warrant
(1) A combat sport inspector may enter any of the following premises for the
purposes of monitoring compliance with this Act, the regulations or the rules,
or generally administering this Act--
(a) premises at which a combat sport contest, a weigh-in or another activity
ancillary to the holding of the contest, or sparring is being carried on,
(b) premises at which the inspector reasonably believes a combat sport
contest, a weigh-in or other another activity ancillary to the holding of
the contest, or sparring is about to be carried on.
(2) However, if the purpose of the combat sport inspector's entry to the premises
is to monitor compliance with the conditions of a permit issued for a combat
sport contest, the inspector must not enter the premises more than 24 hours
before the earlier of--
(a) the scheduled start of the combat sport contest, or
(b) the weigh-in for the combat sport contest.
(3) This section does not empower a combat sport inspector to enter any part of
premises used only for residential purposes without--
(a) the consent of the occupier, or
(b) a search warrant.
85B Powers of combat sport inspectors to enter premises with warrant
(1) A combat sport inspector may apply to an authorised officer for a search
warrant for premises if the inspector reasonably believes this Act, the
regulations or the rules are being, or have been, contravened on the premises.
(2) The authorised officer may issue a search warrant authorising any combat
sport inspector to enter and search the premises if the authorised officer is
satisfied there are reasonable grounds for issuing the warrant.
(3) A combat sport inspector executing a search warrant issued under this section
may--
(a) enter the premises specified in the warrant, and
(b) search the premises for evidence of a contravention of this Act, the
regulations or the rules, and
(c) exercise any function of a combat sport inspector under this part.
(4) In this section--
authorised officer has the same meaning as in the Law Enforcement (Powers
and Responsibilities) Act 2002.
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85C Powers that can be exercised by combat sport inspectors on entry to premises
(1) A combat sport inspector who lawfully enters premises under this Act for the
purposes of exercising a function mentioned in section 85 may do any of the
following--
(a) inspect, make copies of, or take extracts from, any document on the
premises,
(b) require any person on the premises to produce, make copies of or take
extracts from, any document on the premises,
(c) require a person on the premises to answer any question relating to any
documents on the premises or any other relevant matter,
(d) take any document from the premises for the purpose of copying the
document,
(e) take photographs, film and audio, video and other recordings of any part
of the premises--
(i) used, or to be used, for a combat sport contest, weigh-in, sparring,
or ancillary activity, or
(ii) that are set aside for the use of combatants, promoters or industry
participants,
(f) seize any document, or any other thing, the combat sport inspector
reasonably believes is connected with an offence against the Act, the
regulations or the rules.
(2) The power to seize any document or thing connected with an offence includes
a power to seize anything that will provide evidence of the commission of an
offence.
(3) A document taken only for the purpose of copying the document must be
returned when the copying is completed.
[82] Section 86 Provision of information to Authority
Omit section 86(1)(c). Insert instead--
(c) whether a body should be, or continue to be, approved as an approved
amateur body under this Act,
(c1) whether a person should be, or continue to be, accredited as an attending
medical practitioner under this Act,
[83] Section 87 Abrogation of privilege against self-incrimination
Insert "85C(1)(c) or" after "section" in section 87(1).
[84] Section 98 Evidence
Insert after section 98(5)--
(6) A certificate purporting to have been signed by the Authority or a delegate and
stating that, on a specified date, a specified corporation had advised the
Authority that a specified person was a close associate of the corporation is
admissible in evidence in any proceedings and is evidence of the truth of the
statement.
(7) A certificate purporting to have been signed by the Authority or a delegate and
stating any of the following statements is admissible in evidence in any
proceedings and is evidence of the truth of the statement--
(a) that on a specified day, or during a specified period, a specified person
was, or was not, accredited as an attending medical practitioner,
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(b) that on a specified day, or during a specified period, the accreditation of
a person as an attending medical practitioner was, or was not, subject to
a specified condition,
(c) that on a specified day, the accreditation of a person as an attending
medical practitioner had been cancelled under a specified provision of
this Act,
(d) that on a specified day, or during a specified period, the accreditation of
a person as an attending medical practitioner was suspended.
[85] Section 100 Personal liability
Omit section 100(1). Insert instead--
(1) A protected person, or a person acting under the direction of a protected
person, is not personally subject to any liability for anything done--
(a) in good faith, and
(b) for the purposes of executing this Act.
(1A) The liability instead attaches to the Crown.
[86] Section 100(2)
Insert in alphabetical order--
done includes omitted to be done.
liability means civil liability and includes action, claim or demand.
[87] Section 102 Exemptions for persons not resident in the State
Omit section 102(2). Insert instead--
(2) The Authority must not exempt a person who is ordinarily resident in New
South Wales, or a class of persons who are ordinarily resident in New South
Wales, from the operation of any provisions of this Act other than sections
63A, 64A and 66A.
[88] Section 106 Regulations
Insert after section 106(2)(b)--
(b1) the classification of combat sports,
[89] Section 106(2)(c)
Insert "or classes of combat sports" after "combat sports".
[90] Section 106(2)(d)
Insert "and the ways in which the fees or other charges may be processed or paid" after
"regulations".
[91] Section 106(4)
Omit "50 penalty units". Insert instead "100 penalty units".
[92] Section 107 Rules
Omit section 107(2)(b). Insert instead--
(b) the medical examination of combatants, industry participants and
related reporting requirements,
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[93] Section 107(2)(p)
Insert after section 107(2)(o)--
(p) the classification of combat sports.
[94] Section 109
Insert after section 108--
109 Approved forms
The Authority may approve forms for use under this Act.
[95] Schedule 1 Constitution and procedure of the Authority
Omit "6 years" from clause 2(2). Insert instead "9 years".
[96] Schedule 2 Savings and transitional provisions
Insert at the end of the schedule, with appropriate part and clause numbering--
Part Provisions consequent on Combat Sports
Amendment Act 2024
Authority may extend particular registrations
(1) The Authority may, at any time, extend the term of registration of a person as
a combatant, industry participant or promoter for the purposes of enabling the
person to comply with a safety training condition of the person's registration.
(2) In this clause--
safety training condition, of a person's registration, means a standard
condition imposed on the person's registration requiring the person to
undertake, and successfully complete to the standard required by the
Authority, any training relating to the management of concussion and head
injuries.
Extension of amendment to total terms of office of members
Schedule 1, clause 2, as amended by the Combat Sports Amendment Act 2024,
extends to a person who held office as an appointed member before the
commencement of the amendment.
[97] Schedule 3
Renumber section 4(1), as amended by this schedule, items [1]-[3], as Schedule 3
Dictionary and relocate to after Schedule 2.
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Schedule 2 Amendment of Combat Sports Regulation 2014
[1] Clause 6A
Insert after clause 6--
6A Determination of application for registration
For the Act, section 13(1)(e), the following are prescribed as matters of which
the Authority must be satisfied before registering an applicant as a combatant
for a registration class--
(a) that the applicant has provided the proof of any qualifications or the
endorsement of skills or experience required by the Authority for
registration in the registration class,
(b) that the applicant has undertaken, and successfully completed to the
standard required by the Authority, any training relating to the
management of concussion and head injuries as and when required by
the Authority for registration in the registration class,
(c) that the applicant has undertaken, and successfully completed to the
standard required by the Authority, any other training, education
program or examination as and when required by the Authority for the
registration in the registration class,
(d) that the applicant has provided proof of the applicant's identity as
required by the Authority.
[2] Clause 7, heading
Omit "Conditions". Insert instead "Standard conditions".
[3] Clause 7
Insert "standard" before "conditions".
[4] Clause 7(b) and (b1)
Omit clause 7(b). Insert instead--
(b) the combatant must give the Authority a current certificate of fitness for
the combatant no later than 12 months after the date of the previous
certificate,
(b1) the combatant must give the Authority a current serological clearance
for the combatant no later than 12 months after the date of the previous
certificate,
[5] Clause 7(e) and (e1)
Omit section 7(e). Insert instead--
(e) the combatant must, at the pre-contest medical examination for a
contest in which the combatant proposes to engage, advise the attending
medical practitioner examining the combatant, whether the combatant
has suffered a concussion or other serious head injury since the
combatant's previous medical examination under the Act,
(e1) the combatant must undertake, and successfully complete to the
standard required by the Authority, any training relating to the
management of concussion and head injuries as and when required,
from time to time, by the Authority for the class of combatant in which
the combatant is registered during the period of the combatant's
registration,
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[6] Clauses 7A and 7B
Insert after clause 7--
7A Information that must be kept on the register of combatants
For the Act, section 17(2)(i), the Authority must include, for each registered
combatant, the date, from time to time, up until which the combatant is eligible
to engage in combat sports contests, being the earlier of the following--
(a) the date when the combatant's registration expires,
(b) the date until which the combatant's most recent serological certificate
remains a current serological certificate,
(c) the date until which the combatant's most recent certificate of fitness
remains a current certificate of fitness.
7B Information on register of combatants that may be made publicly available
For the Act, section 17(5)(a), the Authority may make the following
information about a registered combatant included on the register of
combatants publicly available--
(a) the combatant's name,
(b) the combatant's registration number,
(c) the registration class or classes for which the combatant is registered,
(d) the expiry date of the combatant's registration,
(e) the date, from time to time, until which the combatant is eligible to
engage in combat sports contests under clause 7A,
(f) the combatant's ring name.
[7] Clause 9, heading
Omit "Clearances". Insert instead "Registration status certificates".
[8] Clause 9(1)
Omit "clearance". Insert instead "certificate (a registration status certificate)"
[9] Clause 9(2)
Omit "That clearance". Insert instead "The registration status certificate for the combatant".
[10] Clause 9(3)
Omit "clearance provided under this clause is to".
Insert instead "registration status certificate for the combatant must".
[11] Clause 9A
Insert after clause 9--
9A Process for ending particular medical suspensions--the Act, section 16C(2)(a)
A medical suspension under the Act, section 16A(1)(a) ends--
(a) if the knockout is the third or subsequent knockout of the person in
consecutive combat sports contests--at the end of the day that is 90
days after the day on which the knockout occurred, or
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(b) if the knockout is the second knockout of the person in consecutive
combats sport contests--at the end of the day that is 60 days after the
day on which the knockout occurred, or
(c) otherwise--at the end of the day that is 30 days after the day on which
the knockout occurred.
[12] Part 3A
Insert after Part 3--
Part 3A Combatants' obligations regarding particular
medical examinations
9B Combatants to notify Authority of refusal by medical practitioner to issue
certificate of fitness
(1) This clause applies if--
(a) a medical practitioner carries out an annual medical check of a
combatant, and
(b) the medical practitioner refuses to issue a certificate of fitness for the
combatant based on the annual medical check.
(2) The combatant must give the Authority written notice, in the approved form,
of the refusal.
Maximum penalty--50 penalty units.
(3) In this clause--
annual medical check, of a combatant, means a medical examination of the
combatant carried out for the purposes of the condition of the combatant's
registration imposed under clause 7(a).
9C Combatants to notify Authority about results of directed examinations
(1) This clause applies if--
(a) a medical practitioner or a qualified person carries out a directed
examination of a combatant, and
(b) based on the examination, the medical practitioner or qualified
person--
(i) refuses to certify that, in the medical practitioner's or qualified
person's opinion, the combatant is fit to engage in combat sport,
or
(ii) recommends that the combatant not engage in combat sports or
sparring for a fixed period or until particular conditions are met.
(2) The combatant must give the Authority written notice, in the approved form,
of the refusal or recommendation.
Maximum penalty--50 penalty units.
(3) In this clause--
directed examination, of a combatant, means a medical or other examination
to which the combatant must submit under a direction given under the Act,
section 61.
qualified person has the same meaning as in the Act, section 61.
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9D Combatants to notify Authority about results of combat sport contests outside
NSW
If a combatant engages as a combatant in a combat sport contest in a
jurisdiction outside New South Wales, the combatant must, within 5 days after
the contest, give the Authority written notice, in the approved form, of the
following--
(a) the results of the contest,
(b) the details of any medical suspensions imposed on the combatant under
the laws or rules relating to combat sports in the other jurisdiction.
Maximum penalty--50 penalty units.
[13] Clause 18
Omit the clause. Insert instead--
18 Determination of application for registration
(1) For the Act, section 25(1)(e), the following matters are prescribed as matters
that the Authority must be satisfied of before registering an applicant for
registration as an industry participant or promoter--
(a) that the applicant has provided proof of the applicant's identity as
required by the Authority.
(b) that the applicant, or a relevant officer for the applicant, has undertaken,
and successfully completed to the standard required by the Authority,
the examination relating to the class of registration conducted by or on
behalf of the Authority,
(c) that the applicant, or a relevant officer for the applicant, has provided
the proof of any qualifications or the endorsement of skills or
experience required to be held or demonstrated by the applicant, or the
relevant officer, by the Authority for registration in the class,
(d) that the applicant, or a relevant officer for the applicant, has undertaken,
and successfully completed to the standard required by the Authority,
first aid training as required by the Authority,
(e) that the applicant, or a relevant officer for the applicant, has undertaken,
and successfully completed to the satisfaction of the Authority, any
training relating to the management of concussion and head injuries as
required by the Authority for registration in the registration class,
(f) that the applicant, or a relevant officer for the applicant, has undertaken,
and successfully completed to the standard required by the Authority,
any other training or examination as required by the Authority for
registration in the registration class.
(2) In this clause--
relevant officer, for an applicant, means a person who holds any of the
following positions of the applicant--
(a) director, manager or secretary,
(b) another position, however designated, if it is an executive position.
[14] Clause 19, heading
Omit "Conditions". Insert instead "Standard conditions".
[15] Clause 19
Omit "the purposes of section 27 of the Act, the following conditions".
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Insert instead "the Act, section 27(2), the following standard conditions".
[16] Clause 19(a)
Insert ", or a relevant officer for the registered participant or promoter," before "must
complete".
[17] Clause 19(a1)
Insert after clause 19(a)--
(a1) the registered participant or promoter must undertake, and successfully
complete to the standard required by the Authority, any training relating
to the management of concussion and head injuries as and when
required by the Authority, from time to time, for the class of industry
participant or promoter in which the participant or promoter is
registered during the period of the participant's or promoter's
registration,
[18] Clause 19(b)
Insert ", or any relevant officer for the promoter or match-maker," before "must not".
[19] Clause 19(b1)
Insert after clause 19(b)--
(b1) for a match-maker or promoter--the match-maker or promoter must not
act as match-maker for or promoter of any combat sports contest for
which the match-maker or promoter is a judge, referee or timekeeper,
[20] Clause 19(c)
Insert ", or any relevant officer for the manager," before "must not".
[21] Clause 19(f1)
Insert after clause 19(f)--
(f1) for a judge, referee or timekeeper--the judge, referee or timekeeper
must not act as judge, referee or timekeeper at any contest for which the
judge, referee or timekeeper is a match-maker or promoter,
[22] Clause 19(g)
Insert ", and each relevant officer for the registered participant or promoter," before "must
abide".
[23] Clause 19(h)
Insert after clause 19(g)--
(h) for registered manager or promoter that is a corporation--
(i) the manager or promoter must, within 14 days after any change
in the details for a close associate of the manager or promoter
included in the manager or promoter's application for registration
under the Act, section 23(2)(c), give the Authority written notice
of the change, and
(ii) if a person subsequently becomes a close associate of the
manager or promoter, the manager or promoter must, within 14
days after the person becomes a close associate of the manager or
promoter, give the Authority written notice of the following
details for the person--
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Schedule 2 Amendment of Combat Sports Regulation 2014
(A) the person's name,
(B) the person's date and place of birth,
(C) the person's residential address.
[24] Clause 19(2)
Insert at the end of clause 19--
(2) In this clause--
relevant officer, for a registered participant, promoter or manager, means a
person who holds any of the following positions of the registered participant,
promoter or manager--
(a) director, manager or secretary,
(b) another position, however designated, if it is an executive position.
[25] Clause 19A
Insert after clause 19--
19A Information on register that may be made publicly available
For the Act, section 29(5)(a), the Authority may make the following
information about a person included on the register of industry participants
and promoters publicly available--
(a) the name of the person,
(b) the registration classes for which the person is registered,
(c) the expiry date of the person's registration,
(d) any conditions imposed on the person's registration.
[26] Clause 20, heading
Omit "is to". Insert instead "must".
[27] Clause 20
Omit "the purposes of section 29(5) of the Act, the following are prescribed as
circumstances in which information contained in the register of industry participants and
promoters is to be".
Insert instead "the Act, section 29(5)(b), the following are prescribed as circumstances in
which information included on the register of industry participants and promoters must be".
[28] Clause 21 Grounds for disciplinary action
Insert "manufacturing," after "using," in clause 21(d).
[29] Part 6A
Insert after clause 21--
Part 6A Accreditation of attending medical practitioners
21A Required documents or information for applications for accreditation
For the Act, section 37B(2)(c)(iv), the application must be accompanied by a
declaration by the applicant that the applicant's current registration with the
Australian Health Practitioner Regulation Agency as a medical practitioner is
not subject to any condition that would limit the applicant's ability to exercise
the functions of an attending medical practitioner.
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21B Determination of applications for accreditation
For the Act, section 37C(1)(c), the following are prescribed as matters that the
Authority must be satisfied of before accrediting an applicant as an attending
medical practitioner--
(a) that the applicant has provided proof of the qualifications and
endorsements of skills or experience required by the Authority for
accreditation as an attending medical practitioner,
(b) that the applicant has undertaken, and successfully completed to the
standard required by the Authority, any training relating to the
management of concussion and head injuries as required by the
Authority for accreditation as an attending medical practitioner,
(c) that the applicant has undertaken, and successfully completed to the
standard required by the Authority, any other training or education
programs as required by the Authority for accreditation as an attending
medical practitioner,
(d) that the applicant has provided proof of the applicant's identity as
required by the Authority.
21C Conditions imposed on accreditation
For the Act, section 37D(2), the following standard conditions are imposed on
the accreditation of a person as an attending medical practitioner--
(a) the person must undertake, and successfully complete to the standard
required by the Authority, any training or education programs as and
when required by the Authority, from time to time, to maintain
accreditation as an attending medical practitioner,
(b) the person must undertake, and successfully complete to the standard
required by the Authority, any training relating to the management of
concussion and head injuries as and when required by the Authority,
from time to time, to maintain accreditation as an attending medical
practitioner,
(c) the person must not bet on, or cause any bets to be placed on, any contest
in relation to which the person is engaged to exercise the functions of
attending medical practitioner,
(d) the person must notify the Authority in writing if--
(i) the person's registration as a medical practitioner lapses, is
suspended or is cancelled, or
(ii) conditions are imposed on the person's registration as a medical
practitioner, or
(iii) the person is disqualified from being registered as a medical
practitioner,
(e) the person must notify the Authority in writing of any change in the
name, address or contact details for the person included on the register
of attending medical practitioners not later than 14 days after the change
occurs.
21D Information on register that may be made publicly available
For the Act, section 37E(5)(a), the Authority may make the following
information about a person included on the register of attending medical
practitioners publicly available--
(a) the name of the person,
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(b) the contact details for the person,
(c) the local government area in which the person practices.
21E Circumstances in which information on register is to be made available
For the Act, section 37E(5)(b), the following are prescribed as circumstances
in which the Authority must make information included on the register of
attending medical practitioners available to a person--
(a) the person is an attending medical practitioner asking to see the
attending medical practitioner's own registration details,
(b) the person is a police officer or other member of the NSW Police Force
asking to see any information included on the register for the purposes
of exercising any function under the Act by any police officer or other
member of the NSW Police Force.
[30] Clause 22 Fee for permit application
Omit "the purposes of section 40(3) of the Act" from clause 22(1).
Insert instead "the Act, section 40(2)(d)".
[31] Clause 22(2)
Omit the subclause.
[32] Clause 22A
Insert after clause 22--
22A Fee for issuing additional tickets--the Act, section 40(2)(d)
(1) If the number of tickets issued for a combat sport contest exceeds the number
of tickets on which the fee for the application for the permit to hold the contest
was calculated, the permit holder must pay the Authority the difference
between--
(a) the fee paid for the application, and
(b) the fee specified in Schedule 3 that would have been payable if the
application had been made based on the number of tickets actually
issued for the contest.
Maximum penalty--
(a) for an individual--20 penalty units, or
(b) otherwise--40 penalty units.
(2) The Authority must issue an invoice to the permit holder for the fee calculated
under subclause (1).
(3) The permit holder must pay the fee within 14 days after the invoice is issued
by the Authority.
[33] Clause 23 Conditions imposed on all permits
Omit clause 23(d). Insert instead--
(d) the promoter of the combat sport contest must--
(i) engage an attending medical practitioner for the combat sport
contest, and give the name of the practitioner to the Authority, not
less than 5 days before the combat sport contest, or within any
shorter period approved by the Authority, and
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Combat Sports Amendment Bill 2024 [NSW]
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(ii) notify the Authority as soon as practicable if the promoter needs
to change the attending medical practitioner for the combat sport
contest or engage an additional attending medical practitioner for
the combat sport contest,
[34] Clause 23(i)
Omit "contestant". Insert instead "combatant".
[35] Clause 23(n)
Omit "he or she". Insert instead "the promoter".
[36] Clause 23(n1)
Insert after clause 23(n)--
(n1) the match-maker for the combat sport contest must not be listed as a
combatant on the fight card for the contest for which the match-maker
has acted as match-maker,
[37] Clause 23(o)
Omit "he or she". Insert instead "the promoter".
[38] Clause 23(p)
Insert after clause 23(o)--
(p) the promoter of the combat sport contest must ensure the fight card for
the combat sport contest lodged with the Authority is accompanied
by--
(i) a declaration, in the approved form, by the match-maker for the
combat sport contest that the combat sport contest is, in the
opinion of the match-maker, appropriately and fairly matched,
and
(ii) any other information or documents required by the Authority.
[39] Clause 24 Additional conditions imposed on permits for amateur combat sport
contests
Omit clause 24(b) and (c). Insert instead--
(b) the promoter of the amateur combat sport contest must ensure that all
promotional material for the contest--
(i) clearly states that the contest is an amateur combat sport contest,
and
(ii) does not use images that are inconsistent with--
(A) the rules made by the Authority under the Act, section 107
that apply to amateur combat sport contests, or
(B) the sports rules for the combat sport contest.
[40] Part 7A
Insert after clause 24--
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Part 7A Match-making requirements and fight cards
24A Requirements for combatants included on fight card--the Act, section
106(2)(b)
(1) The match-maker for a combat sport contest must not include a combatant on
the fight card for the contest unless--
(a) the combatant is--
(i) registered as a combatant for a registration class appropriate for
the contest (an appropriate registration class), or
(ii) will, on the day of the contest, be exempt, in accordance with Part
12, from the requirement to be registered as a combatant for an
appropriate registration class, and
(b) the combatant has given the Authority--
(i) a current serological clearance for the combatant as at the day of
the contest, and
(ii) a current certificate of fitness for the combatant as at the day of
the contest, and
(c) the combatant is matched against another combatant on the fight card in
relation to the contest or each match comprising the contest.
Maximum penalty--20 penalty units.
(2) Despite subclause (1)(c), the match-maker may include on the fight card a
combatant who is not matched against another combatant if--
(a) the contest is an amateur combat sport contest comprising a single
contest and the combatant is listed on the fight card as being a reserve
combatant for the contest, or
(b) the contest is an amateur eliminator contest for which only the
combatants for each contest in the first round are listed.
(3) In this clause--
amateur eliminator contest means an amateur combat sport contest that--
(a) comprises 2 or more rounds of matches in which the winners of each
match in each round progress to the next round of matches in the
contest, and
(b) will be conducted in accordance with any policies relating to the
conduct of amateur eliminator contests approved by the Authority from
time to time.
[41] Clause 24B
Insert before clause 25--
24B Compulsory weigh-in
For the Act, section 46(1), a combat sport inspector may direct that a combat
sport contest not be held unless a weigh-in has been conducted.
[42] Clause 25 Attendance of combat sport inspectors, other persons and police officers
at weigh-in
Omit clause 25(1)(b).
[43] Clause 25(3)
Insert after clause 25(2)--
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(3) The promoter of an amateur combat sport contest must ensure that a
representative of the relevant approved amateur body attends the weigh-in.
Maximum penalty--
(a) for an individual--20 penalty units, or
(b) otherwise--40 penalty units.
[44] Clause 26 Viewing of weigh-in
Omit the penalty. Insert instead--
Maximum penalty--
(a) for an individual--20 penalty units, or
(b) otherwise--40 penalty units.
[45] Clause 27 Provision of weigh-in scales
Omit "appropriate weigh-in scales". Insert instead "weigh-in scales that meet the
specifications specified in the rules".
[46] Clause 27, penalty
Omit the penalty. Insert instead--
Maximum penalty--
(a) for an individual--20 penalty units, or
(b) otherwise--40 penalty units.
[47] Clause 28 Weigh-in of all combatants on same set of scales
Omit the penalty. Insert instead--
Maximum penalty--
(a) for an individual--20 penalty units, or
(b) otherwise--40 penalty units.
[48] Clause 30 Functions of an approved amateur body at an amateur weigh-in
Omit clause 30(b). Insert instead--
(b) to record the weight of each combatant in the contest, taken at the
weigh-in, in the combatant's medical record book.
[49] Clause 31, heading
Insert "attending" before "medical".
[50] Clause 31, penalty
Omit the penalty. Insert instead--
Maximum penalty--
(a) for an individual--20 penalty units, or
(b) otherwise--40 penalty units.
[51] Clause 32 Provision of equipment
Omit the penalty. Insert instead--
Maximum penalty--
(a) for an individual--20 penalty units, or
(b) otherwise--40 penalty units.
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[52] Clauses 33 and 34
Omit clauses 33 and 34. Insert instead--
33 Pre-contest medical examinations of combatants--the Act, section 57(1)
(1) The prescribed examination is a medical examination sufficient to enable the
attending medical practitioner to complete the approved form for the
pre-contest medical examination of the combatant (the pre-contest medical
examination form).
(2) If the attending medical practitioner imposes a medical suspension on the
combatant following the medical examination, the attending medical
practitioner must include the following information in the pre-contest medical
examination form--
(a) details of the medical suspension,
(b) any conditions the attending medical practitioner recommends must be
met before the suspension ends.
(3) The pre-contest medical examination form must include a declaration by the
combatant that, at the time of the contest the combatant--
(a) is not subject of a medical suspension, and
(b) is not otherwise suspended from engaging as a combatant in a combat
sport contest or sparring, and
(c) has not suffered a concussion within the 30 days before the contest.
(4) The attending medical practitioner must give the completed pre-contest
medical examination form to the combat sport inspector present at the contest
at the conclusion of the contest.
34 Post-contest medical examinations of combatants--the Act, section 57(3)
(1) The prescribed examination is a medical examination sufficient to enable the
attending medical practitioner to complete the approved form for the
post-contest medical examination of the combatant (the post-contest medical
examination form).
(2) If the attending medical practitioner imposes a medical suspension on the
combatant following the medical examination, the attending medical
practitioner must include the following information in the post-contest
medical examination form--
(a) the details of the medical suspension,
(b) any conditions the attending medical practitioner recommends must be
met before the suspension ends.
(3) The attending medical practitioner must give the completed post-contest
medical examination form to the combat sport inspector present at the contest
as soon as possible after the contest.
[53] Clause 36 Recording of medical suspensions in register of combatants
Insert after clause 36(c)--
(d) details of any other medical suspension imposed on a combatant,
including any conditions recommended or required to be met for the
medical suspension to be lifted or end.
[54] Clause 37
Omit the clause. Insert instead--
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Combat Sports Amendment Bill 2024 [NSW]
Schedule 2 Amendment of Combat Sports Regulation 2014
37 Supply of weight gloves
The promoter of a combat sport contest must supply clean, serviceable and
appropriate weight gloves in accordance with the rules for each combatant
engaged at the combat sport contest who is listed on the fight card for the
contest.
Maximum penalty--
(a) for an individual--20 penalty units, or
(b) otherwise--40 penalty units.
[55] Clause 38 Inspection of protective clothing and equipment at the contest
Omit "registered combatant must not engage".
Insert instead "person must not engage as a combatant".
[56] Clauses 39-41
Omit "registered" wherever occurring.
[57] Clause 40 Combatants and promoters must comply with directions about protective
clothing or equipment
Omit "if the direction has been made in accordance with the rules".
[58] Clause 40, penalty
Omit the penalty. Insert instead--
Maximum penalty--
(a) for an individual--20 penalty units, or
(b) otherwise--40 penalty units.
[59] Clause 41A
Insert after clause 41--
41A Supply of medical equipment--the Act, section 46(1)
(1) The promoter of a combat sport contest must ensure that any medical
equipment, medical supplies, drugs or medications specified in the rules as
being required for a contest are at the contest.
Maximum penalty--
(a) for an individual--20 penalty units, or
(b) otherwise--40 penalty units.
(2) The promoter must, before the start of the contest, ensure the medical
equipment, medical supplies, drugs or medications are--
(a) operational or fit for use, and
(b) located in the contest area, and
(c) readily accessible to the attending medical practitioner.
Maximum penalty--
(a) for an individual--20 penalty units, or
(b) otherwise--40 penalty units.
[60] Clause 45 Standard post-contest rest periods
Omit "person registered as a combatant for professional combat sport contests".
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Combat Sports Amendment Bill 2024 [NSW]
Schedule 2 Amendment of Combat Sports Regulation 2014
Insert instead "combatant".
[61] Clause 46, heading
Omit "or at".
[62] Clause 46
Omit "1 hour". Insert instead "5 days".
[63] Clause 46A
Insert after clause 46--
46A Additional functions of attending medical practitioners--the Act, section
106(2)(b)
The attending medical practitioner's functions in relation to medical
equipment, medical supplies, drugs or medications supplied at a combat sport
contest are--
(a) to use or apply, or supervise the use or application of, any medical
equipment or medical supply on a combatant in the contest, and
(b) to supply or administer, or supervise the supply or administration of,
any drug or medication to a combatant in the contest.
[64] Clause 47 Functions of an approved amateur body at an amateur combat sport
contest
Insert after clause 47(g)--
(h) to ensure the contest is held in accordance with the approved sports
rules for the contest.
[65] Clause 50 Combat sport inspector to attend combat sport contest
Insert "in the contest area" after "is present".
[66] Clause 50, penalty
Omit the penalty. Insert instead--
Maximum penalty--
(a) for an individual--20 penalty units, or
(b) otherwise--40 penalty units.
[67] Clauses 50A and 50B
Insert after clause 50--
50A Attending medical practitioner to attend combat sport contests--the Act,
section 106(2)(b)
The promoter of a combat sport contest must ensure that at least 1 attending
medical practitioner attends, and is present in the contest area for the whole of,
the contest.
Maximum penalty--
(a) for an individual--20 penalty units, or
(b) otherwise--40 penalty units.
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50B Representative of amateur approved body to attend amateur combat sport
contests--the Act, section 106(2)(b)
(1) The promoter of an amateur combat sport contest must ensure that at least 1
representative of the relevant approved amateur body for the contest attends,
and is present for the whole of, the contest.
Maximum penalty--
(a) for an individual--20 penalty units, or
(b) otherwise--40 penalty units.
(2) In this clause--
relevant approved amateur body, for an amateur combat sport contest, means
the approved amateur body that approved the contest.
[68] Clause 51 Combatants not on fight card cannot compete
Omit the penalty. Insert instead--
Maximum penalty--
(a) for an individual--20 penalty units, or
(b) otherwise--40 penalty units.
[69] Clause 52 Advising Authority that contest not being held
Omit the penalty. Insert instead--
Maximum penalty--
(a) for an individual--20 penalty units, or
(b) otherwise--40 penalty units.
[70] Clause 53 Insurance requirements
Omit the penalty. Insert instead--
Maximum penalty--
(a) for an individual--20 penalty units, or
(b) otherwise--40 penalty units.
[71] Clause 54 Contest area must be compliant
Omit the penalty. Insert instead--
Maximum penalty--
(a) for an individual--20 penalty units, or
(b) otherwise--40 penalty units.
[72] Clause 55 Announcements
Omit the penalty. Insert instead--
Maximum penalty--
(a) for an individual--20 penalty units, or
(b) otherwise--40 penalty units.
[73] Clause 56 Provision of equipment
Omit the penalty. Insert instead--
Maximum penalty--
(a) for an individual--20 penalty units, or
Page 47
Combat Sports Amendment Bill 2024 [NSW]
Schedule 2 Amendment of Combat Sports Regulation 2014
(b) otherwise--40 penalty units.
[74] Clause 57 Communicating responsibility to comply with law
Omit the penalty. Insert instead--
Maximum penalty--
(a) for an individual--20 penalty units, or
(b) otherwise--40 penalty units.
[75] Clauses 59-62
Omit the clauses. Insert instead--
59 Certain combatants exempt from registration requirement--the Act, section
106(2)(c)
(1) A combatant is exempt from the requirement to be registered as a combatant
under the Act if the combatant--
(a) does not ordinarily reside in New South Wales, and
(b) is registered or licensed to engage in combat sport contests in the
jurisdiction in which the combatant ordinarily resides by any of the
following (each a relevant registration body)--
(i) an equivalent Australian regulatory body,
(ii) an equivalent overseas regulatory body,
(iii) for a combatant proposing to engage in an amateur combat sport
contest--an approved sporting organisation,
(iv) for a combatant from overseas proposing to engage in a
professional combat sport contest--a national or international
sporting organisation.
(2) The combatant must, no more than 5 days before engaging in a combat sport
contest, give the Authority evidence of the combatant's registration or licence,
including--
(a) the date the registration or licence expires, and
(b) the class of registration or licence, if applicable, and
(c) confirmation the combatant is not suspended from engaging in combat
sport contests in the jurisdiction in which the combatant ordinarily
resides.
(3) If the combatant ordinarily resides interstate, the combatant must, no more
than 5 days before engaging in a combat sport contest, give the Authority--
(a) evidence the relevant registration body holds--
(i) a current serological clearance for the combatant, and
(ii) a certificate of fitness for the combatant, in a similar form to the
approved form, issued by a medical practitioner no more than 28
days, but not less than 48 hours, before the contest, or
(b) if the relevant registration body does not hold the documents referred to
in paragraph (a)(i) and (ii)--
(i) a current serological clearance, and
(ii) a certificate of fitness, in the approved form, issued by a medical
practitioner no more than 28 days, but no less than 48 hours,
before the contest.
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Combat Sports Amendment Bill 2024 [NSW]
Schedule 2 Amendment of Combat Sports Regulation 2014
(4) If the combatant ordinarily resides overseas, the combatant must, no more than
5 days before engaging in a combat sport contest, give the Authority--
(a) a current serological clearance obtained in Australia, and
(b) a certificate of fitness, in the approved form, issued by a medical
practitioner no more than 28 days, but no less than 48 hours, before the
contest.
(5) The combatant must not engage in a combat sport contest unless the combatant
has complied with subclauses (2)-(4).
Maximum penalty--20 penalty units.
(6) Subject to subclause (7), the combatant must not engage in an amateur combat
sport contest if the combatant--
(a) is, or has been, registered or licensed to engage in professional combat
sport contests by the relevant registration body, or
(b) has engaged in a professional combat sport contest.
Maximum penalty--20 penalty units.
(7) The combatant may engage in an amateur combat sport contest if the
Authority is satisfied the combatant has not engaged in a combat sport contest
of the same style other than in an amateur class.
(8) The combatant must not engage in a combat sport contest of a different style
to the style of contest the combatant is registered or licensed to engage in by
the relevant registration body.
Maximum penalty--20 penalty units.
60 Certain industry participants exempt from registration requirement--the Act,
section 106(2)(c)
(1) A person who ordinarily resides in another State or Territory is exempt from
the requirement to be registered as a trainer under the Act if the person is--
(a) registered or licensed to carry out an activity as a trainer, or as an
individual who assists a combatant as advised by a trainer or assists a
trainer in the preparation of combatants (a second), by an equivalent
Australian regulatory body, or
(b) registered or affiliated with an approved sporting organisation and the
person is not required to be registered or licensed to carry out an activity
as a trainer or second by an equivalent Australian regulatory body in the
other State or Territory.
(2) A person who ordinarily resides outside Australia is exempt from the
requirement to be registered as a trainer under the Act if the person is
registered or licensed to carry out an activity as a trainer or second by--
(a) an equivalent overseas regulatory body, or
(b) an approved sporting organisation.
(3) A person who ordinarily resides in another State or Territory is exempt from
the requirement to be registered as a judge, referee or timekeeper under the Act
if the person is registered or licensed to carry out an activity as a judge, referee
or timekeeper by an equivalent Australian regulatory body.
(4) A person who ordinarily resides outside Australia is exempt from the
requirement to be registered as a judge, referee or timekeeper under the Act
if--
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Combat Sports Amendment Bill 2024 [NSW]
Schedule 2 Amendment of Combat Sports Regulation 2014
(a) the person has been appointed by an international sporting organisation
to carry out an activity as a judge, referee or timekeeper at a combat
sport contest, and
(b) the Authority has determined, by order published on the Authority's
website, that the contest is significant.
(5) A person exempt from a requirement under this clause must give the Authority
or a combat sport inspector evidence of the person's registration, licence or
affiliation if requested by the Authority or combat sport inspector.
Maximum penalty--20 penalty units.
(6) A person exempt from a requirement under this clause must not carry out an
activity as a referee unless the person has undertaken, and successfully
completed to the standard required by the Authority, any training or education
programs required by the Authority.
Maximum penalty--20 penalty units.
[76] Clause 63 Serological clearances
Insert at the end of the clause--
(2) For the Act, section 7(2), the period prescribed is--
(a) for a serological clearance relating to a person who is aged under 18
years--the period of 12 months before the date when the certificate is
sought to be relied on, or
(b) otherwise--the period of 6 months before the date when the certificate
is sought to be relied on.
[77] Schedule 2 Penalty notice offences
Omit the matters relating to sections 39(1), 39(2), 50(1)(a), 50(1)(b), 52, 53, 54 and 58(2)
and clauses 26, 27, 28, 31, 32, 37, 40, 50, 51, 52, 53, 54, 55, 56, 57 and 61.
[78] Schedule 2
Insert in appropriate order--
Section 8(4A) $1,100
Section 14(6) $550
Section 20(3) (a) in the circumstances specified in the
penalty, paragraph (a)--$1760
(b) otherwise--$1100
Section 20(4) (a) in the circumstances specified in the
penalty, paragraph (a)--$1760
(b) otherwise--$1100
Section 27(5) (a) for an individual--$550
(b) otherwise--$1,100
Section 37A(1) $550
Section 37A(2) (a) for an individual--$550
(b) otherwise--$1,100
Section 37D(5) $550
Section 37K $550
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Combat Sports Amendment Bill 2024 [NSW]
Schedule 2 Amendment of Combat Sports Regulation 2014
Section 39(1) (a) for an individual--$3,960
(b) otherwise--$7,920
Section 42(4) (a) for an individual--$220
(b) otherwise--$440
Section 50(1) $550
Section 50(3) $220
Section 51(1) (a) for an individual--$1,760
(b) otherwise--$3,520
Section 52 (a) for an individual--$1,760
(b) otherwise--$3,520
Section 53 (a) for an individual--$1,760
(b) otherwise--$3,520
Section 54 (a) for an individual--$1,760
(b) otherwise--$3,520
Section 58(2) (a) for an individual--$5,550
(b) otherwise--$11,000
Section 66(1) $5,500
Section 66A(1) $5,500
Section 66A(4) $5,500
Clause 9B(2) $550
Clause 9C(2) $550
Clause 9D $550
Clause 22A(1) (a) for an individual--$220
(b) otherwise--$440
Clause 24A(1) $220
Clause 25(3) (a) for an individual--$220
(b) otherwise--$440
Clause 26 (a) for an individual--$220
(b) otherwise--$440
Clause 27 (a) for an individual--$220
(b) otherwise--$440
Clause 28 (a) for an individual--$220
(b) otherwise--$440
Clause 31 (a) for an individual--$220
(b) otherwise--$440
Clause 32 (a) for an individual--$220
(b) otherwise--$440
Clause 37 (a) for an individual--$220
(b) otherwise--$440
Page 51
Combat Sports Amendment Bill 2024 [NSW]
Schedule 2 Amendment of Combat Sports Regulation 2014
Clause 40 (a) for an individual--$220
(b) otherwise--$440
Clause 41A(1) (a) for an individual--$220
(b) otherwise--$440
Clause 41A(2) (a) for an individual--$220
(b) otherwise--$440
Clause 50 (a) for an individual--$220
(b) otherwise--$440
Clause 50A (a) for an individual--$220
(b) otherwise--$440
Clause 50B(1) (a) for an individual--$220
(b) otherwise--$440
Clause 51 (a) for an individual--$220
(b) otherwise--$440
Clause 52 (a) for an individual--$220
(b) otherwise--$440
Clause 53 (a) for an individual--$220
(b) otherwise--$440
Clause 54 (a) for an individual--$220
(b) otherwise--$440
Clause 55 (a) for an individual--$220
(b) otherwise--$440
Clause 56 (a) for an individual--$220
(b) otherwise--$440
Clause 57 (a) for an individual--$220
(b) otherwise--$440
Clause 59(5) $220
Clause 59(6) $220
Clause 59(8) $220
Clause 60(5) $220
Clause 60(6) $220
[79] Schedule 3 Fees
Omit Schedule 3, table, item 3.
[80] Schedule 3, table
Omit items 6-11. Insert instead--
6 Application for a permit to hold an $0 $100 $100
amateur combat sport contest where
50 or fewer tickets are to be issued
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Combat Sports Amendment Bill 2024 [NSW]
Schedule 2 Amendment of Combat Sports Regulation 2014
7 Application for a permit to hold an $50 $200 $250
amateur combat sport contest where
51-200 tickets are to be issued
8 Application for a permit to hold an $200 $200 $400
amateur combat sport contest where
more than 200 tickets are to be
issued
9 Application for a permit to hold a $650 $200 $850
professional combat sport contest
where 500 or fewer tickets are to be
issued
10 Application for a permit to hold a $1,800 $200 $2,000
professional combat sport contest
where 501-2,000 tickets are to be
issued
11 Application for a permit to hold a $4,800 $200 $5,000
professional combat sport contest
where more than 2,000 tickets are to
be issued
Page 53
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