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PROFESSIONAL BOXING AND COMBAT SPORTS AMENDMENT ACT 2008 (NO. 11 OF 2008) - SECT 26

New Division 2 of Part VIII

After section 28 of the Principal Act insert

" Division 2—Provisions for Professional Boxing and Combat Sports Amendment Act 2008

        29     Definition

In this Division—

"amending Act" means the Professional Boxing and Combat Sports Amendment Act 2008 .

        30     Existing licences, permits and registrations

    (1)     A licence issued by the Minister under section 6, and in force immediately before the commencement of section 6 of the amending Act, continues after the commencement of section 6 of the amending Act, subject to the same conditions, as if it had been issued by the Board.

    (2)     A permit issued by the Minister under section 7, and in force immediately before the commencement of section 7 of the amending Act, continues after the commencement of section 7 of the amending Act, subject to the same conditions, as if it had been issued by the Board.

    (3)     A written notice given to a person by the Minister under section 8(3), and in force immediately before the commencement of section 8 of the amending Act, continues after the commencement of section 8 of the amending Act as if it had been given to the person by the Board.

    (4)     A person registered as a professional contestant under section 10A(3) (including a person whose registration has been renewed) by the Minister, and whose registration was in force immediately before the commencement of section 12 of the amending Act, continues after the commencement of section 12 to be registered as a professional contestant, subject to the same conditions, as if the person had been registered by the Board.

    (5)     If, immediately before the commencement of section 10 of the amending Act, a person's licence or permit under this Act was suspended or cancelled by the Minister, the person's licence or permit continues, after the commencement of section 10, to be suspended or cancelled as if it had been suspended or cancelled by the Board.

    (6)     If, immediately before the commencement of section 13 of the amending Act, a person's registration as a professional contestant, was suspended or cancelled by the Minister, the person's registration continues, after the commencement of section 13, to be suspended or cancelled as if it had been suspended or cancelled by the Board.

    (7)     A direction given to a person by the Minister under section 12(1), and in force immediately before the commencement of section 15 of the amending Act, continues to apply to the person after the commencement of section 15 as if the direction had been given by the Board.

    (8)     A person whose interests are affected by a decision referred to in section 16 (other than a decision made in relation to a promoter's licence under section 15(8)) made by the Minister before the commencement of section 21 of the amending Act has, after the commencement of section 21, the same right under section 16 to apply to VCAT for a review of the decision as if the decision had been made by the Board.

    (9)     A person who, immediately before the commencement of section 21 of the amending Act, had a right under section 16 to apply to VCAT for a review of a decision made by the Minister under section 15(8) in relation to a promoter's licence continues, after the commencement of section 21, to have the right to apply to VCAT under section 16 for a review of the decision.

    (10)     Rules made by the Minister under section 23 of the Act, and in force immediately before the commencement of section 24 of the amending Act, continue after the commencement of section 24 as if the rules had been made by the Board.

        31     Timekeepers

    (1)     To avoid any doubt, section 9(2A) applies to a licence issued and in force immediately before the commencement of section 9 of the amending Act.

    (2)     Despite subsection (1), a promoter may engage a timekeeper whose name is not on the list kept under section 13A, for a promotion conducted after the commencement of section 9(2) of the amending Act, if the permit for the promotion was issued before that commencement.

        32     Existing applications

    (1)     If an application for a licence under section 6 has been made but not determined immediately before the commencement of section 6 of the amending Act, from the commencement of section 6 of the amending Act, the application may be decided under this Act, as amended by the amending Act, as if it had been made after that commencement.

    (2)     If an application for a permit under section 7 has been made but not determined immediately before the commencement of section 7 of the amending Act, from the commencement of section 7 of the amending Act, the application may be decided under this Act, as amended by the amending Act, as if it had been made after that commencement.

    (3)     If an application for registration as a professional contestant under section 10A(3) has been made but not decided before the commencement of section 12 of the amending Act, from the commencement of section 12, the application may be decided under this Act, as amended by the amending Act, as if it had been made after that commencement.

        33     Existing Board members

    (1)     A person who, immediately before the commencement of section 18 of the amending Act, was a Board member continues after the commencement of section 18 to be a Board member.

    (2)     For the purposes of subsection (1), a Board member continues to hold office on the same terms and conditions as the member held office immediately before the commencement of section 18 of the amending Act.".



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