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Professional Boxing and Martial Arts
(Amendment) Bill
Circulation Print
EXPLANATORY MEMORANDUM
Clause Notes
Clause 1 states that the main purposes of the Act are--
(a) to rename the Professional Boxing and Martial Arts
Act 1985 as the Professional Boxing and Combat
Sports Act 1985;
(b) to enable a person registering as a contestant under the
Act to be able to compete in both boxing and combat
sports; and
(c) to provide statutory immunity to members of the
Professional Boxing and Martial Arts Board for acts done
in good faith.
Clause 2 provides for the commencement of the Act.
Clause 3 changes the name of the Professional Boxing and Martial Arts
Act 1985 in section 1 of the Act to the Professional Boxing and
Combat Sports Act 1985. Note that the year of the Act remains
unchanged.
Clause 4 amends the purpose in section 3 of the Act by substituting
"combat sports" for "martial arts" to reflect the professional
activities covered by the Act.
Clause 5 amends the definitions in section 5 of the Act by--
(a) inserting definitions of "combat sport" and "professional
combat sport contest" to reflect the professional activities
covered by the Act;
(b) substituting references to "Martial Arts" in the definition
of "Board", with "Combat Sports";
541141 BILL LA CIRCULATION 3/11/2000
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(c) substituting references to "martial art" in the definitions
of "gymnasium", "professional contest" and "professional
contestant" with "combat sport";
(d) repealing the definition of "martial art" which is
superseded by the definition of "combat sport";
(e) substituting for paragraph (c)(ii) in the definition of
"professional boxing contest" under section 5 of the Act a
new paragraph which enables an event organised by, or
under the control of, an amateur boxing association
recognised by the Minister under section 5A to be exempt
from the provisions of the Act;
(f) repealing the definition of "professional martial art
contest" which is superseded by the definition of
"professional combat sport contest".
Clause 6 inserts a new section 5A into the Act. The new section 5A
enables the Minister to recognise any properly constituted
amateur association for the purposes of paragraph (c)(ii) of the
definitions of "professional boxing contest" and "professional
combat sport contest" in the Act in writing, upon receipt of
advice from the Professional Boxing and Combat Sports Board.
Similarly, the Minister may withdraw recognition of an amateur
association by notice in writing.
Clause 7 does the following--
(a) amends section 8(2)(a) of the Act by substituting the
words "martial art" with "combat sport" to reflect the
professional activities covered by the Act;
(b) substitutes in the heading of Division 5 of Part 2 in the
Act "Combat Sports" for "Control";
(c) amends section 14(1) of the Act by substituting the words
"Combat Sports" for "Martial Arts Control" to change the
name of the Board to the "Professional Boxing and
Combat Sports Board";
(d) amends section 14(2A) of the Act by substituting the
words "of the martial arts" with "combat sports" to enable
the Board to consist of members who in the opinion of the
Minister, have a good knowledge of boxing, or one or
more combat sports.
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Clause 8 does the following--
(a) repeals section 10A(2)(b) of the Act to remove the need
to register twice when a contestant competes in both
professional boxing and professional combat sports
contests;
(b) substitutes "participation in professional" for "boxing or
participation in martial art" in sections 10A(2)(d) and 10C
of the Act to enable a single certificate of fitness to be
provided for participation in professional contests.
Clause 9 inserts a new section 14A into the Act. The new section 14A
provides a statutory immunity to the Board when acting in good
faith, in respect of legal action arising from administering,
registering, licensing and penalty decisions.
Clause 10 substitutes "Regional Development" for "Development" in
section 15(1) of the Act to reflect the correct name of the
Department.
Clause 11 inserts a new Part VIII into the Principal Act. The new Part VIII
comprises new sections 24 to 28, which are simply machinery in
nature.
New section 24 deems a reference to the Professional Boxing
and Martial Arts Act 1985 to be a reference to the Professional
Boxing and Combat Sports Act 1985.
New section 25 provides that, despite changing the name of the
Board, no act, matter or thing is affected by that change.
New section 26 provides that a person who was registered under
the Act to compete in professional boxing contests or in
professional martial arts contests immediately before this
amendment are to be treated as if they were registered to compete
in professional contests.
New section 27 ensures continuity in that Kyokushin Karate is to
be treated as if it had been determined by the Minister to be a
combat sport, for the purposes of the Act under paragraph (b) of
the definition of "combat sport". The new section 27 also
empowers the Minister to withdraw the determination by notice
in the Government Gazette if required.
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New section 28 ensures continuity in the recognition of the
Victorian Amateur Boxing Association and Amateur Boxing
Australia as amateur boxing associations by the Minister under
section 5A(1)(a) of the Act.
4