Boxing Control Act 1987 (Western Australia)

Mechanically, the Combat Sports Act 1987 creates a statutory regulatory regime for contests of combat sports in Western Australia. The Act establishes a Combat Sports Commission (the Commission) with membership, appointment and administrative arrangements (s 4 to s 13). It requires registration of contestants and of industry participants (Parts III and IV), issues contest permits and conditions that govern the conduct of contests (Part VII), and prescribes medical, weigh‑in and record‑keeping procedures for contestants (Part VI and ss 48, 49A, 50, 52). The Commission is funded through a dedicated account (the Combat Sports Commission Account) and applies the Financial Management Act 2006 and Auditor General Act 2006 provisions (ss 12, 13). The Minister appoints most members of the Commission and the Commission is subject to the control and direction of the Minister (ss 4, 9).

The Act gives the Commission powers to register people as contestants and as industry participants on conditions, to suspend or cancel registrations, to impose and vary conditions, and to conduct inquiries into alleged sham contests (ss 17, 20, 21, 23, 25A, 28, 32, 33A, 34A, 48A). It requires permits to conduct contests and includes pre‑contest timing rules such as an application deadline of not less than 42 days for permits (s 44(2)(d)), weigh‑ins and medicals to occur within 24 hours before the contest (s 48(2)(b); s 49A(1)), and record keeping in contestant record books issued by the Commission (ss 35, 52). The Act creates specific criminal offences and civil recovery powers with monetary penalties for non‑compliance, sham contests, unregistered participation and other breaches (see ss 24, 33, 47, 47A, 48A, 49A, 50, 53).

The long title states the legislative purpose is "to control combat sports and for other and incidental purposes". That is an official purpose claim; the Act implements that goal by creating the Commission, registration and permitting infrastructure, medical and safety requirements, and enforcement powers (long title; Parts II, III, IV, VI, VII). The Act also enables the Minister and the Commission to approve rules for each combat sport (s 62A) and the Governor to make detailed regulations (s 62).

CrestWestern Australia

Combat Sports Act 1987

Western Australia

Combat Sports Act 1987

Contents

Part I — Preliminary

Short title 2
Commencement 2
Terms used 2

Part II — Combat Sports Commission

Combat Sports Commission established 4
Vacation of office 5
Remuneration and leave of members 6
Casual vacancies 6
Meetings of Commission 6
Control of Minister 7
Functions of Commission 7
Staff 8
Funds of Commission 8
Financial provisions 9

Part III — Registration of contestants

Prescribed classes of contestants 10
Register 10
Applying for registration 10
Registering contestants 11
Certificate of registration 12
Term of registration and application for renewal 12
Renewal of registration 12
Commission’s powers to ensure health and safety of contestants 13
Disciplinary powers against contestants 14

24A. Cancelling registration on contestant’s request 14

Offence to participate in contests if unregistered etc. 14

25A. Commission may vary or cancel conditions and restrictions 15

Part IV — Registration of industry participants

Register of industry participants 16
Applying to be registered 16
Registering industry participants 17
Certificate of registration 17
Term of registration 17
Application for renewal of registration 18
Renewal of registration 18

33A. Disciplinary powers 18

Offence 19

34A. Commission may cancel or vary conditions or restrictions 19

Part VI — Contestant record books

Books to be issued to registered contestants 20
Altering books 21
Damaging books 21
Surrender of books 21
Re‑issue of books 21
Issuing additional books 22
Replacing books 22

Part VII — Contests

Interpretation 23
Applying for permits to conduct contests 23
Issuing permits for contests 24
Notification of Commissioner of Police 25

47AA. Commission may require information 25

47A. Suspending or cancelling a permit 25

Offences 26

48A. Sham contests, inquiries into 27

Pre‑contest weigh‑ins 28

49A. Pre‑contest medical examinations 29

Medical practitioner to notify referee at contest if contestant unfit to participate; and referee to take action 30
Contestants not to compete without weigh‑in and medical examination 31
Duties of promoter and medical practitioner 31
Record of contest 33

Part VIIIA — Review

53A. Review by SAT 34

Part VIII — Miscellaneous

False or misleading information 35

54A. Commission may get information from WA Police 35

54B. Confidential police information 35

Refusing applications, imposing or varying conditions etc. and suspending or cancelling registrations, procedure for 37
Recovery of charges etc. 38
Statutory declaration 38
Evidentiary certificates 38
Delegation 39
Authentication of certain documents 39
Protection of Commission and others 39

62A. Rules for contests 40

Regulations 40

Notes

Compilation table 42

Defined terms

Western Australia

Combat Sports Act 1987

An Act to control combat sports and for other and incidental purposes.

[Long title amended: No. 16 of 2003 s. 4; No. 44 of 2011 s. 4.]

Part I — Preliminary

1. Short title

This Act may be cited as the Combat Sports Act 1987 1.

[Section 1 amended: No. 16 of 2003 s. 5; No. 44 of 2011 s. 5.]

2. Commencement

This Act shall come into operation on a day to be fixed by proclamation 1.

3. Terms used

In this Act unless the context otherwise requires —

boxing means fist fighting or sparring;

capacity, in relation to an industry participant, means a capacity prescribed for the purposes of the definition of industry participant in this section;

combat sport means —

(a) boxing; or

(b) any other martial art, sport or activity that involves 2 or more participants whose primary objective is to do any or any combination of the following —

(i) grapple with, punch, kick or throw each other; or

(ii) strike or hit each other, whether or not with a weapon,

unless it is prescribed not to be a combat sport for the purposes of this Act;

Commission means the Commission established under section 4;

contest means a contest or exhibition of a combat sport —

(a) that is organised, arranged or promoted for profit; or

(b) that is conducted for public entertainment; or

unless it is prescribed not to be a contest for the purposes of this Act;

contestant means a person who participates in a contest, whether for reward or not;

Department means the Department principally assisting the Minister in the administration of this Act;

industry participant means a person who, otherwise than as a contestant, is involved, in a capacity that is prescribed, in conducting or assisting to conduct a contest;

medical practitioner means a person registered under the Health Practitioner Regulation National Law (Western Australia) in the medical profession;

member means a member of the Commission and includes the chairman;

prescribed means prescribed by the regulations;

registered —

(a) in relation to a contestant, means registered under section 17;

(b) in relation to an industry participant, means registered under section 27;

sham contest means a contest —

(a) during the whole or a part of which any contestant is, for any reason, including an injury or illness, or a bribe, promise or threat by another person, not competing to the best of his or her ability; or

(b) the result of which is arranged by the contestants or by a person involved in controlling, judging or promoting the contest.

[Section 3 amended: No. 16 of 2003 s. 6; No. 44 of 2011 s. 6.]

Part II — Combat Sports Commission

[Heading inserted: No. 44 of 2011 s. 7.]

4. Combat Sports Commission established

(1) There shall be a Combat Sports Commission.

(2A) The Commission is a continuation of the body previously called the “Professional Combat Sports Commission” and the “Western Australian Boxing Commission”.

(2) The Commission shall consist of 9 members of whom —

(a) 8 persons shall be appointed by the Minister as follows —

(i) one person shall be a person appointed to be chairman of the Commission;

(ii) one person shall be a police officer nominated in writing by the Commissioner of Police;

(iii) one person shall be a medical practitioner who in the opinion of the Minister has knowledge of injuries suffered by contestants;

(iv) one person shall be a person who in the opinion of the Minister has knowledge of the boxing industry;

(v) one person shall be a person who in the opinion of the Minister has knowledge of the industry relating to combat sports other than boxing;

(vi) one person shall be a person who in the opinion of the Minister represents persons who are or have been registered as contestants in a class relevant to boxing;

(vii) one person shall be a person who in the opinion of the Minister represents persons who are or have been registered as contestants in a class other than a class relevant to boxing;

(viii) one person shall be a person who in the opinion of the Minister has knowledge of the industry relating to combat sports known as mixed martial arts;

and

(b) one person shall be the chief executive officer of the Department or an officer of the Department nominated by the chief executive officer.

(3) A nomination for the purposes of subsection (2)(a)(ii) or (b) —

(a) may be withdrawn at any time;

(b) may be made for a period or in relation to such circumstances as are specified in the nomination.

(4) The Minister may make such arrangements as the Minister considers appropriate for the receipt of nominations for the purposes of an appointment under subsection (2)(a)(iii), (iv), (v), (vi) or (vii).

(5) A member other than a member referred to in subsection (2)(a)(ii) or (2)(b) shall be appointed for such term not exceeding 3 years as is specified in the instrument of his appointment.

[Section 4 amended: No. 29 of 1990 s. 4; No. 16 of 2003 s. 8; No. 44 of 2011 s. 8.]

5. Vacation of office

(1) The office of member, other than the office of member referred to in section 4(2)(a)(ii) or 4(2)(b), becomes vacant if —

(a) the term of office of the member expires; or

(b) the member becomes permanently incapable of performing his duties; or

(d) the member is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or

(e) the member is removed from office by the Minister on the grounds of neglect of duty, his behaviour or incompetence; or

(f) the member is absent without leave of the Minister from 3 consecutive meetings of the Commission.

(2) The office of member referred in section 4(2)(a)(ii) becomes vacant if the nomination of the member is withdrawn.

[Section 5 amended: No. 18 of 2009 s. 69; No. 44 of 2011 s. 9.]

6. Remuneration and leave of members

(1) A member is entitled to such remuneration and allowances as are determined by the Governor on the recommendation of the Public Sector Commissioner.

(2) The Minister may grant leave of absence to a member on such terms and conditions as the Minister determines.

[Section 6 amended: No. 39 of 2010 s. 89.]

7. Casual vacancies

Where an office of member becomes vacant otherwise than by effluxion of time a person appointed to the vacancy shall hold office only for the balance of the term of the person whose vacancy he fills.

8. Meetings of Commission

(1) The chairman may at any time and shall when so requested by the Minister convene a meeting of the Commission to be held at a time and place determined by the chairman.

(2) The chairman shall preside at all meetings of the Commission at which he is present.

(3) If the chairman is not present at a meeting of the Commission the members present shall elect one of their number to preside at the meeting.

(4) At a meeting of the Commission 5 members constitute a quorum.

(5) At a meeting of the Commission where any question requiring a vote arises the question shall be decided by a majority of the members present.

(6) Subject to the presence of a quorum, the Commission may act notwithstanding any vacancy in its membership.

(7) A member of the Commission who has a pecuniary interest whether direct or indirect in any matter to be considered by the Commission —

(a) shall declare the nature of that interest at every meeting of the Commission at which the matter is considered; and

(b) shall not take part in any deliberation on the matter; and

(8) Except to the extent that they are prescribed, the Commission may determine its own procedures.

[Section 8 amended: No. 44 of 2011 s. 10.]

9. Control of Minister

The Commission is subject to the control and direction of the Minister, and is responsible to the Minister for the administration of this Act.

10. Functions of Commission

(1) The functions of the Commission are —

(a) to carry out the functions conferred on the Commission under this or any other Act;

(b) to formulate or recommend standards, specifications, codes of conduct or other forms of guidance for the purpose of maintaining proper standards in combat sports;

(d) to devise and approve standards or guidelines for the preparation or training of persons participating in or proposing to participate in contests.

(2) The Commission may adopt standards, specifications, codes of conduct or guidelines of any other authority or body engaged in or controlling a combat sport or any other matters connected with or incidental to a combat sport.

[Section 10 amended: No. 16 of 2003 s. 9; No. 44 of 2011 s. 11.]

11. Staff

There shall be appointed under and subject to Part 3 of the Public Sector Management Act 1994 such officers and employees as are necessary to assist the Commission in the performance of its functions.

[Section 11 amended: No. 32 of 1994 s. 3(2).]

12. Funds of Commission

(1) An account called the Combat Sports Commission Account is to be established —

(a) as an agency special purpose account under section 16 of the Financial Management Act 2006; or

(b) with the approval of the Treasurer, at a bank as defined in section 3 of that Act,

to which the funds of the Commission are to be credited.

(2A) The Combat Sports Commission Account is a continuation of the account previously called the “Professional Combat Sports Commission Account” and the “Western Australian Boxing Commission Account”.

(2) The funds of the Commission shall consist of —

(a) any moneys received by or paid to the Commission under this Act; and

(b) such moneys as are appropriated by Parliament from time to time; and

(d) any other moneys lawfully received by, made available to, or payable to the Commission.

(3) The funds of the Commission shall be applied by the Commission for —

(a) the purposes of carrying out its functions under this Act; and

(b) the payment of such moneys for such purposes as are approved by the Minister.

[Section 12 amended: No. 49 of 1996 s. 49; No. 16 of 2003 s. 10(1); No. 28 of 2006 s. 160; No. 77 of 2006 Sch. 1 cl. 133(1); No. 44 of 2011 s. 12.]

13. Financial provisions

The provisions of the Financial Management Act 2006 and the Auditor General Act 2006 regulating the financial administration, audit and reporting of statutory authorities apply to and in respect of the Commission and its operations.

[Section 13 amended: No. 77 of 2006 Sch. 1 cl. 133(2).]

Part III — Registration of contestants

[Heading inserted: No. 16 of 2003 s. 11.]

14. Prescribed classes of contestants

For the purposes of registering contestants, classes of contestants may be prescribed.

[Section 14 amended: No. 16 of 2003 s. 28(3).]

15. Register

(1) The Commission shall cause to be kept a register in respect of each prescribed class of contestant.

(2) The Commission shall cause to be entered in the register in respect of each person registered as a contestant —

(a) the names and addresses of persons who are registered as contestants; and

(b) the prescribed class of contestant under which a contestant is registered; and

[Section 15 amended: No. 16 of 2003 s. 28(1) and (3).]

16. Applying for registration

(1) A person who desires to be registered as a contestant must apply to the Commission to be registered.

(2) An application made under subsection (1) must —

(a) be in a form approved by the Commission; and

(b) be accompanied by any medical information about the applicant that is prescribed; and

(3) The Commission may ask the applicant to give the Commission any additional information the Commission needs to decide an application under section 17.

(4) The Commission may refuse to decide an application until it has received the information it needs to decide the application under section 17.

[Section 16 inserted: No. 44 of 2011 s. 13.]

17. Registering contestants

(1) If on an application made under section 16 the Commission is satisfied —

(a) the applicant —

(i) is a fit and proper person; and

(ii) has reached the age prescribed for the prescribed class of contestant for which registration is sought; and

(iii) is medically and physically fit to be registered as a contestant in that class; and

(iv) understands the duties that this Act will impose on the applicant if the application is granted;

and

(b) there is no reason, in the interests of the health and safety of the applicant or of any contestant with whom the applicant might participate in a contest, not to do so,

the Commission must register the applicant as a contestant in the prescribed class of contestant for which registration is sought.

(2) If the Commission is satisfied an applicant has not attained the prescribed age required by subsection (1)(a)(ii) but otherwise complies with the requirements of subsection (1), the Commission may recommend to the Minister that the applicant be registered and the Minister may direct and authorise the Commission to register the applicant in terms of the recommendation or in such other terms as the Minister determines.

(3) When registering a contestant, the Commission may impose such conditions or restrictions on the contestant as it thinks fit.

[Section 17 inserted: No. 44 of 2011 s. 14.]

18. Certificate of registration

The Commission shall issue a person registered as a contestant a certificate of registration, in a form approved by the Commission, stating —

(a) that the person is registered as a contestant; and

(b) the conditions and restrictions (if any) that apply in relation to the person as a contestant.

[Section 18 inserted: No. 44 of 2011 s. 15.]

19. Term of registration and application for renewal

(1) A certificate of registration issued under section 18 to a person has effect for 3 years as from and including the date of the certificate unless it is cancelled or suspended.

(2) A person who is registered as a contestant may apply to the Commission for the renewal of the person’s registration.

(3) An application made under subsection (2) must —

(a) be in a form approved by the Commission; and

(b) be accompanied by any medical information about the applicant that is prescribed; and

[Section 19 inserted: No. 44 of 2011 s. 16.]

20. Renewal of registration

(1) If on an application made under section 19 the Commission is satisfied —

(a) the applicant —

(i) is a fit and proper person; and

(ii) is medically and physically fit to be registered as a contestant in that class; and

(iii) has complied with any conditions and restrictions imposed on the applicant under this Part; and

(iv) understands the duties that this Act will impose on the applicant if the application is granted;

and

(b) there is no reason, in the interests of the health and safety of the applicant or of any contestant with whom the applicant might participate in a contest, not to do so,

the Commission must renew the applicant’s registration as a contestant in the class sought in the application.

(2) When renewing a contestant’s registration, the Commission may impose such conditions or restrictions on the contestant as it thinks fit.

[Section 20 inserted: No. 44 of 2011 s. 17.]

21. Commission’s powers to ensure health and safety of contestants

If the Commission is of the opinion that it is in the interests of the health and safety of a contestant, or of any other contestant with whom that contestant might participate in a contest, the Commission may —

(a) cancel or suspend the contestant’s registration as a contestant; or

(b) impose any conditions or restrictions on the contestant it thinks fit; or

[Section 21 inserted: No. 44 of 2011 s. 18.]

[22. Deleted: No. 44 of 2011 s. 19.]

23. Disciplinary powers against contestants

If the Commission —

(a) is of the opinion a registered contestant —

(i) is not a fit and proper person; or

(ii) has committed an offence against this Act; or

(iii) has not complied with any condition or restriction imposed on him or her under this Act;

(b) after conducting an inquiry under section 48A, is of the opinion a registered contestant has participated in a sham contest,

the Commission may do any of the following —

(d) impose any conditions or restrictions on the contestant it thinks fit;

(e) cancel or suspend the registration of that person as a contestant.

[Section 23 inserted: No. 44 of 2011 s. 20.]

24A. Cancelling registration on contestant’s request

The Commission must cancel the registration of a contestant if the contestant asks the Commission to do so.

[Section 24A inserted: No. 44 of 2011 s. 21.]

24. Offence to participate in contests if unregistered etc.

A person shall not participate in a contest in a particular class of combat sport —

(a) if the person is not registered as a contestant of that class; or

(b) while the person’s registration as a contestant of that class is suspended under section 23.

Penalty: a fine of $6 000.

[Section 24 inserted: No. 16 of 2003 s. 14; amended: No. 44 of 2011 s. 22.]

25A. Commission may vary or cancel conditions and restrictions

The Commission may at any time vary or cancel a condition or restriction imposed under this Part in respect of the registration of a contestant or impose any condition or restriction on the registration of a contestant that it thinks fit.

[Section 25A inserted: No. 44 of 2011 s. 23.]

Part IV — Registration of industry participants

[25. Deleted: No. 44 of 2011 s. 24.]

26. Register of industry participants

The Commission shall cause to be kept a register of industry participants in which are recorded —

(a) the name and address of each person registered as an industry participant; and

(b) the capacity in which he or she is registered as an industry participant; and

[Section 26 inserted: No. 44 of 2011 s. 25.]

27. Applying to be registered

(1) A person who desires to be registered as an industry participant must apply to the Commission to be registered.

(2) Only a natural person can apply to be registered as an industry participant.

(3) An application made under subsection (1) must —

(a) be in a form approved by the Commission; and

(b) be accompanied by the prescribed fee.

(4) The Commission may ask the applicant to give the Commission any additional information the Commission needs to decide an application under section 28.

(5) The Commission may refuse to decide an application until it has received the information it needs to decide the application under section 28.

[Section 27 inserted: No. 44 of 2011 s. 26.]

28. Registering industry participants

(1) If on an application made under section 27 the Commission is satisfied the applicant —

(a) is a fit and proper person; and

(b) understands the duties that this Act will impose on the applicant if the application is granted,

the Commission must register the applicant as an industry participant in the terms sought in the application.

(2) When registering an industry participant, the Commission may impose such conditions and restrictions in relation to the participant as the Commission thinks fit.

[Section 28 inserted: No. 44 of 2011 s. 26.]

29. Certificate of registration

The Commission shall issue a person registered as an industry participant a certificate of registration, in a form approved by the Commission, stating —

(a) that the person is registered as an industry participant; and

(b) the capacity in which he or she is registered as an industry participant; and

[Section 29 inserted: No. 44 of 2011 s. 27.]

30. Term of registration

A certificate of registration issued under section 29 to a person has effect for 3 years as from and including the date of the certificate unless it is cancelled or suspended.

[Section 30 inserted: No. 44 of 2011 s. 28.]

31. Application for renewal of registration

(1) A person who is registered as an industry participant may apply to the Commission for the renewal of the person’s registration.

(2) An application under subsection (1) shall be —

(a) in a form of the form approved by the Commission; and

(b) accompanied by the fee prescribed in relation to the kind of industry participant in question.

(3) The Commission may require an applicant under subsection (1) to furnish to the Commission such further information as is specified by the Commission.

[Section 31 amended: No. 44 of 2011 s. 29.]

32. Renewal of registration

(1) If on an application made under section 31 the Commission is satisfied the applicant —

(a) is a fit and proper person; and

(b) has complied with the conditions and restrictions imposed on the applicant under this Part; and

the Commission must renew the applicant’s registration as an industry participant in the terms sought in the application.

(2) The Commission may impose such conditions and restrictions in respect of the renewal of a registration under this section as it thinks fit.

[Section 32 amended: No. 16 of 2003 s. 15; No. 44 of 2011 s. 30.]

33A. Disciplinary powers

If the Commission —

(a) is of the opinion a registered industry participant —

(i) is not a fit and proper person; or

(ii) has committed an offence against this Act; or

(iii) has not complied with any condition or restriction imposed on the person under this Part;

(b) after conducting an inquiry under section 48A, is of the opinion a registered industry participant has participated in a sham contest,

the Commission may do any of the following —

(d) impose any conditions or restrictions on the participant it thinks fit;

(e) cancel or suspend the registration of that person as an industry participant.

[Section 33A inserted: No. 44 of 2011 s. 31.]

33. Offence

A person must not be involved in the conduct of a contest in a capacity that is prescribed for the purposes of the definition in section 3 of industry participant unless he or she is registered as an industry participant in that capacity.

Penalty:

(a) for a first offence, a fine of $2 000;

(b) for a subsequent offence, a fine of $10 000.

[Section 33 inserted: No. 44 of 2011 s. 32.]

34A. Commission may cancel or vary conditions or restrictions

The Commission may at any time vary or cancel a condition or restriction imposed under this Part in respect of the registration of an industry participant or impose any condition or restriction on the registration of an industry participant that it thinks fit.

[Section 34A inserted: No. 44 of 2011 s. 33.]

[Part V (s. 34) deleted: No. 44 of 2011 s. 34.]

Part VI — Contestant record books

[Heading inserted: No. 44 of 2011 s. 35.]

35. Books to be issued to registered contestants

(1) The Commission, on the first registration of a person as a contestant, must issue the person a contestant record book, in a form approved by the Commission, that —

(a) states —

(i) such personal details about the contestant as are prescribed; and

(ii) such information about the registration of the contestant as is prescribed;

and

(b) provides for the recording of —

(i) such other information about the registration of the contestant as is prescribed; and

(ii) such medical information about the contestant as is prescribed; and

(iii) such information about the contests in which the contestant participates as is prescribed.

(2) If a person, having been registered as a contestant —

(a) ceases, for any period, to be so registered; and

(b) is, after the registration ceases, again registered as a contestant,

the Commission must issue the person a contestant record book that —

(d) contains the same information as was contained in any contestant record book or other book previously issued under this Act to that person.

[Section 35 inserted: No. 44 of 2011 s. 36.]

36. Altering books

(1) A person shall not enter or alter information in a contestant record book unless the person is authorised to do so under this Act.

(2) A person who enters or alters information in a contestant record book must initial the book immediately adjacent to the information.

Penalty: a fine of $6 000.

[Section 36 inserted: No. 44 of 2011 s. 37.]

[37. Deleted: No. 44 of 2011 s. 38.]

38. Damaging books

A person must not wilfully damage or deface a contestant record book.

Penalty: a fine of $6 000.

[Section 38 inserted: No. 44 of 2011 s. 39.]

39. Surrender of books

If under Part III the registration of a contestant is not renewed by the Commission, is cancelled or is suspended, the contestant must give his or her contestant record book to the Commission within 7 days after being notified of the fact.

Penalty: a fine of $500.

[Section 39 inserted: No. 44 of 2011 s. 40.]

40. Re‑issue of books

The Commission shall re‑issue a contestant’s contestant record book to the contestant —

(a) where the book is surrendered under section 39 as a consequence of the suspension of registration and no application for review is made in relation to the suspension — as soon as practicable after the suspension;

(b) where the book is surrendered under section 39 and, on application made for a review of a decision of the Commission to cancel or suspend registration, the decision is set aside — as soon as is practicable after the decision is set aside.

[Section 40 amended: No. 16 of 2003 s. 28(1); No. 55 of 2004 s. 72; No. 44 of 2011 s. 41.]

41. Issuing additional books

If a contestant’s contestant record book is full, the Commission must issue the contestant another contestant record book that conforms with section 35(1).

[Section 41 inserted: No. 44 of 2011 s. 42.]

42. Replacing books

If a contestant satisfies the Commission that his or her contestant record book has been spoilt, lost or destroyed the Commission must, on payment of the prescribed fee, issue the contestant a duplicate contestant record book, stamped with the word “Duplicate”.

[Section 42 inserted: No. 44 of 2011 s. 43.]

Part VII — Contests

[Heading inserted: No. 16 of 2003 s. 16.]

43. Interpretation

In this Part a reference to a contest includes a reference to —

(a) a single contest;

(b) 2 or more contests, where the contests are conducted on the one occasion and at the same venue.

[Section 43 amended: No. 16 of 2003 s. 29(1).]

44. Applying for permits to conduct contests

(1) A person who desires to conduct a contest must apply to the Commission for a permit for the contest.

(2) An application made under subsection (1) must —

(a) be in a form approved by the Commission; and

(b) include the names of each person who will participate in the contest; and

(d) be made not less than 42 days before the proposed date of the contest unless the Commission allows otherwise; and

(e) be accompanied by the prescribed fee.

(3) The Commission may ask the applicant to give the Commission any additional information the Commission needs to decide an application under section 45.

(4) The Commission may refuse to decide an application until it has received the information it needs to decide the application under section 45.

[Section 44 inserted: No. 44 of 2011 s. 44.]

45. Issuing permits for contests

(1) If on an application made under section 44 the Commission is satisfied —

(a) that any requirement that, under the regulations, must be complied with before a permit can be issued has been complied with; and

(b) that the requirements under this Act as they apply in relation to the contest referred to in the application will be complied with,

the Commission may issue a permit for the contest.

(2) The Commission may issue a permit for a contest subject to any terms, conditions and restrictions the Commission thinks fit.

(3) A permit issued for a contest must include the following information —

(a) the date, time and place of the contest;

(b) the name of each person who will participate in the contest;

(d) any other information that is prescribed.

(4) The Commission may refuse to issue a permit for a contest if it is of the opinion that it is necessary to do so in the interests of the health and safety of any person who would participate in the contest if the permit were issued.

(5) The Commission, on the application of the holder of the permit or on its own initiative, may at any time vary a permit for a contest.

[Section 45 inserted: No. 44 of 2011 s. 45.]

46. Notification of Commissioner of Police

(1) Where the Commission issues a permit under section 45, the Commission shall, as soon as is practicable, cause the Commissioner of Police to be notified of the date, time and place of the contest in respect of which the permit is issued.

(2) Section 73 of The Criminal Code does not apply to or in relation to a contest in respect of which a permit is issued under this Act.

[Section 46 amended: No. 16 of 2003 s. 29(1); No. 70 of 2004 s. 82.]

47AA. Commission may require information

(1) At any time after it issues a permit under section 45 for a contest and before the contest has taken place, the Commission, by giving the person a written notice, may require any or all of these persons —

(a) the person who holds the permit;

(b) a person who will participate in the contest;

to give the Commission the information specified in the notice, being information relevant to the contest.

(2) A person given a notice under subsection (1) must obey it.

Penalty: a fine of $6 000.

[Section 47AA inserted: No. 44 of 2011 s. 46.]

47A. Suspending or cancelling a permit

(1) The Commission, at any time before or during a contest for which a permit has been issued under section 45, may suspend or cancel the permit if it is satisfied —

(a) that any term, condition or restriction to which the permit is subject has not or is not being complied with; or

(b) that it is in the interests of the health or safety of any contestant in the contest to do so; or

(2) Before it suspends or cancels a permit, the Commission must give the permit holder a reasonable opportunity to be heard unless, in the time needed to do so, the health or safety of any contestant in the contest may be jeopardised.

(3) To suspend or cancel a permit, a person authorised by the Commission, or a member, must give the permit holder, or the referee of the contest, oral or written notice —

(a) that the Commission has suspended or cancelled the permit, as the case requires; and

(b) if the permit is suspended, of the term of the suspension, whether by referring to an event that may occur or to a period of time.

(4) If oral notice is given to a person under subsection (3), written confirmation of the notice must be given to the person within 7 days after the date on which the oral notice was given.

(5) If a permit is suspended, the Commission may at any time cancel the suspension for good reason.

(6) A written notice or a written confirmation of a notice given orally under subsection (3) must state the reasons for suspending or cancelling the permit.

[Section 47A inserted: No. 44 of 2011 s. 46.]

47. Offences

(1) A person must not conduct a contest unless a permit has been issued under this Part for the contest.

Penalty: a fine of $12 000.

(2A) A person must not conduct a contest the permit for which is suspended or has been cancelled under section 47A.

Penalty: a fine of $12 000.

(2B) A person who conducts a contest for which a permit has been issued under this Part must comply with any term, condition or restriction to which the permit is subject.

Penalty: a fine of $12 000.

(2) A person must not —

(a) agree to participate, whether as a contestant, judge or referee or in some other capacity, in a contest that he or she knows will be a sham contest; or

(b) participate, whether as a contestant, judge or referee or in some other capacity, in a contest that he or she knows is a sham contest; or

(c) be involved in any capacity in organising, arranging, promoting or conducting a contest that he or she knows will be or is a sham contest.

Penalty: a fine of $12 000.

(3) A referee of a contest who, knowing it is a sham contest, does not stop it or gives a decision in it commits an offence.

Penalty: a fine of $12 000.

(4) A judge of a contest who, knowing it is a sham contest, gives a decision in it commits an offence.

Penalty: a fine of $12 000.

(5) A judge or referee of a contest who suspects it will be or is a sham contest must report the matter in writing to the Commission as soon as practicable.

Penalty: a fine of $12 000.

[Section 47 amended: No. 16 of 2003 s. 18, 28(3) and 29(1); No. 44 of 2011 s. 47.]

48A. Sham contests, inquiries into

(1) If the Commission is of the opinion (whether or not as a result of a report made by the referee of the contest) that a contest is a sham contest the Commission shall inquire into the promotion, arrangement and conduct of the contest.

(2) If after its inquiry the Commission is satisfied on the balance of probabilities that a contest is a sham contest, it —

(a) may order any person who is legally required to pay money or money’s worth to a contestant for participating in the contest not to pay the contestant without the written consent of the Commission; and

(b) may order that an amount of money not more than the money or money’s worth (if any) paid or payable to a contestant or industry participant who, in the opinion of the Commission, has participated in, or been involved in any capacity in conducting, the contest be paid to the Commission.

(3) Nothing in subsection (2) prevents a person from being prosecuted for an offence under section 47 or prevents proceedings being taken under section 23 or 33A.

(4) A person given an order made under subsection (2)(a) must obey it.

Penalty: a fine of $12 000.

(5) If the Commission makes an order under subsection (2)(b), the Commission may recover the amount ordered to be paid to the Commission in a court of competent jurisdiction as a debt due to the Commission.

[Section 48A inserted: No. 44 of 2011 s. 48.]

48. Pre‑contest weigh‑ins

(1) Before a contest occurs each person intending to participate in the contest must attend and submit to a weigh‑in.

(2) The following provisions apply to a weigh‑in referred to in subsection (1) —

(a) the weigh‑in shall take place at the time and place approved by the Commission;

(b) the weigh‑in shall take place within 24 hours before the contest;

(i) the person who holds the permit for the contest or that person’s agent;

(ii) a person appointed by the Commission (the Commission’s appointee);

(d) each person intending to participate in the contest shall produce his or her contestant record book to the Commission’s appointee for inspection and for the recording of prescribed information;

(e) the Commission’s appointee shall ensure —

(i) that the weigh‑in and the recording of the weights of the contestants are properly carried out; and

(ii) that this section is complied with.

[Section 48 inserted: No. 44 of 2011 s. 49.]

49A. Pre‑contest medical examinations

(1) Each person intending to participate in a contest must, within 24 hours before the contest —

(a) attend a medical practitioner approved by the Commission; and

(b) submit to an examination by the practitioner; and

(c) produce his or her contestant record book to the practitioner for inspection and for the recording of relevant information.

(2) The medical practitioner whom a person attends under subsection (1) must do the following —

(a) inspect the person’s contestant record book;

(b) carry out a medical examination of the person;

(d) record the results of the examination on a form approved by the Commission;

(e) if the practitioner is of the opinion that the person should not participate in the proposed contest because of the person’s medical condition, record the opinion in the form;

(f) give the form to the Commission’s appointee referred to in section 48(2)(c)(ii).

Penalty: a fine of $12 000.

(3) If a form given by a medical practitioner to the Commission’s appointee under subsection (2) states a person should not participate in a proposed contest because of the person’s medical condition, the Commission’s appointee —

(a) must inform the person who holds the permit for the contest, or that person’s agent, of that fact forthwith; and

(b) give the person who holds the permit for the contest, or that person’s agent, a copy of the form as soon as practicable.

(4) If the person who holds the permit for a contest, or that person’s agent, is informed under subsection (3), the permit holder must ensure the person does not participate in the contest.

Penalty: a fine of $12 000.

[Section 49A inserted: No. 44 of 2011 s. 49.]

49. Medical practitioner to notify referee at contest if contestant unfit to participate; and referee to take action

(1) A medical practitioner approved by the Commission who is present at a contest shall inform the referee officiating at the contest if the medical practitioner is of the opinion that —

(a) the contestant should not participate in the contest because of the contestant’s medical condition; or

(b) the contestant should not continue to participate in the contest because of the contestant’s medical condition.

Penalty: a fine of $12 000.

(2) A referee who, under subsection (1), is informed of a medical practitioner’s opinion that a contestant should not participate in, or continue to participate in, the contest because of the contestant’s medical condition shall ensure that the contestant does not participate in, or continue to participate in, the contest.

Penalty: a fine of $12 000.

[Section 49 inserted: No. 16 of 2003 s. 20; amended: No. 44 of 2011 s. 50.]

50. Contestants not to compete without weigh‑in and medical examination

A person shall not participate in a contest unless —

(a) he or she has attended and submitted to a weigh‑in in accordance with section 48; and

(b) he or she has attended and submitted to a medical examination in accordance with section 49A; and

Penalty: a fine of $12 000.

[Section 50 inserted: No. 44 of 2011 s. 51.]

51. Duties of promoter and medical practitioner

(1) A person who conducts a contest —

(a) must not permit a contestant to participate in the contest unless the contestant has attended and submitted to a weigh‑in under section 48 and a medical examination under section 49A; and

(b) must not engage a contestant for a contest if the Commission, after considering a medical report that a contestant is not medically fit, has directed a contestant not to participate in the contest; and

(c) must permit not more than 3 persons, being either persons authorised by the Commission or members, to be present at the contest unconditionally and for no charge for the purpose of ensuring the contest is conducted in accordance with this Act and any rules approved under section 62A that apply to the contest; and

(d) must not permit the contest to occur unless —

(i) a medical practitioner approved by the Commission; and

(ii) at least 2 persons referred to in paragraph (c),

are present at the contest.

Penalty: a fine of $12 000.

(2) If a contest is not conducted in accordance with any rules approved under section 62A that apply to the contest, the person who conducts the contest, the person to whom a permit for the contest was issued, and the referee of the contest, each commits an offence.

Penalty: a fine of $12 000.

(3) Where a contestant is rendered unconscious during a contest a medical practitioner approved by the Commission shall medically examine the contestant and carry out such functions as are necessary in the circumstances.

(4) A medical practitioner approved by the Commission shall as soon as is practicable after a contest examine the contestants who have participated in the contest.

[Section 51 amended: No. 16 of 2003 s. 22, 28(1) and 29(1); No. 44 of 2011 s. 52.]

52. Record of contest

(1) Before a person participates in a contest, he or she shall produce his or her contestant record book to —

(a) the medical practitioner approved by the Commission who is present at the contest; and

(b) a person appointed by the Commission who is present at the contest.

Penalty: a fine of $6 000.

(2) A person appointed by the Commission for that purpose shall in relation to a contest —

(a) cause a record to be made of the contest; and

(b) record the result of the contest in the record referred to in paragraph (a); and

(d) record in each contestant’s contestant record book such information as is prescribed.

[Section 52 inserted: No. 44 of 2011 s. 53.]

Part VIIIA — Review

[Heading inserted: No. 44 of 2011 s. 54.]

53A. Review by SAT

A person aggrieved by a decision of the Commission or the Minister made under Part III, IV or VII may apply to the State Administrative Tribunal for a review of the decision.

[Section 53A inserted: No. 44 of 2011 s. 54.]

Part VIII — Miscellaneous

53. False or misleading information

A person must not include any information that is false or misleading in a material particular in —

(a) an application made under this Act; or

(b) any information given to the Commission under this Act other than in a statutory declaration; or

Penalty: a fine of $12 000.

[Section 53 inserted: No. 44 of 2011 s. 55.]

54A. Commission may get information from WA Police

For the purposes of deciding under Part III or IV whether a person is a fit and proper person, the Commission may ask the Commissioner of Police to give the Commission information about the person.

[Section 54A inserted: No. 44 of 2011 s. 56.]

54B. Confidential police information

(1) In this section —

confidential police information means information the Commissioner of Police has certified is confidential police information under subsection (2);

court includes the State Administrative Tribunal;

sensitive police information means information in the possession of the Commissioner of Police the disclosure of which could reasonably be expected —

(a) to prejudice criminal investigations or the operations of the Police Force; or

(b) to enable the discovery of the existence or identity of a source of information relevant to law enforcement and confidential to the Commissioner; or

(2) If the Commissioner of Police believes any information given by the Commissioner to the Commission is sensitive police information, the Commissioner, in writing, may certify the information is confidential police information.

(3) If the Commission receives confidential police information from the Commissioner of Police, then, despite any other provision of this Act, the Commission must not disclose it to any person except —

(a) a court;

(b) the Minister;

(c) the Parliamentary Commissioner for Administrative Investigations appointed under the Parliamentary Commissioner Act 1971;

(d) the Corruption and Crime Commission established under the Corruption, Crime and Misconduct Act 2003;

(e) the Parliamentary Inspector of the Corruption and Crime Commission appointed under the Corruption, Crime and Misconduct Act 2003;

(f) a person to whom disclosure has been permitted by the Commissioner.

(4) If the Commission under Part III or IV —

(a) refuses an application for registration or for a renewal of registration; or

(b) cancels a registration,

and the decision is made wholly or partly on the basis of confidential police information received from the Commissioner of Police, then, despite any other provision of this Act, the Commission need not give any reasons for its decision other than that it is made in the public interest.

(5) In proceedings in a court relating to a decision referred to in subsection (4), the court —

(a) may decide whether information the Commissioner of Police has certified is confidential police information is sensitive police information; and

(b) may take evidence consisting of or relating to that information by way of an affidavit of a police officer of or above the rank of Superintendent; and

(i) to maintain the confidentiality of any information that the court is satisfied is sensitive police information; and

(ii) to prohibit the publication of evidence about that information.

(6) The Commissioner of Police must not delegate the function of certifying information as confidential police information except to a Deputy Commissioner of Police or an Assistant Commissioner of Police.

[Section 54B inserted: No. 44 of 2011 s. 56; amended: No. 35 of 2014 s. 39.]

54. Refusing applications, imposing or varying conditions etc. and suspending or cancelling registrations, procedure for

(1) The Commission must not —

(a) refuse a person’s application for registration, or for a renewal of a registration, made under Part III or IV; or

(b) impose or vary a condition or restriction on a person under Part III or IV; or

(d) refuse a person’s application for a permit made under Part VII; or

(e) impose or vary a term, condition or restriction in a permit issued under Part VII to a person,

unless the Commission has given the person a reasonable opportunity to be heard on the matter.

(2) If the Commission decides to take any action described in subsection (1)(a) to (e) the Commission must give the person a written notice of the decision and of the reasons for it within 7 days after the date of it.

(3) A decision notice of which is given to a person under subsection (2) takes effect on the date on which it is given to the person or on any later date specified in it.

[Section 54 inserted: No. 44 of 2011 s. 57.]

55. Recovery of charges etc.

Any charge, fee or money due to the Commission may be recovered by the Commission as a debt in any court of competent jurisdiction.

[56. Deleted: No. 44 of 2011 s. 58.]

57. Statutory declaration

The Commission may require any information supplied to the Commission to be verified by statutory declaration.

58. Evidentiary certificates

In any legal proceedings a certificate signed or purporting to be signed by an officer of the Department stating —

(a) that at a specified time a specified person was, or was not, registered as a contestant of a specified class or as an industry participant in a specified capacity;

(b) that at a specified time the registration of a specified person as a contestant of a specified class or as an industry participant in a specified capacity has been cancelled;

(c) that the registration of a specified person as a contestant of a specified class or as an industry participant in a specified capacity had been suspended for the period specified;

(d) that the registration of a person as a contestant of a specified class or industry participant in a specified capacity is due to expire, or expired on a specified day,

is evidence of its contents.

[Section 58 inserted: No. 44 of 2011 s. 59.]

59. Delegation

The Commission may by instrument in writing delegate to any person its functions, other than this power of delegation, and may amend or revoke any such instrument.

60. Authentication of certain documents

Every summons, process, demand, order, notice, statement, direction or other document may be sufficiently authenticated if signed by the chairman or by any member of the staff of the Commission authorised to do so by the chief executive officer of the Department or an officer of the Department nominated by the chief executive officer.

[Section 60 amended: No. 29 of 1990 s. 7.]

61. Protection of Commission and others

No liability attaches to the Commission, any delegate of the Commission, any member or officer or employee of the Commission or any officer of the Public Service of the State for any act or omission that occurred in good faith and in the exercise or purported exercise or in the discharge or purported discharge of its or his functions under this Act.

62A. Rules for contests

(1) The Minister on the advice of the Commission must, for each combat sport, approve rules to be observed in any contest in that sport.

(2) Approved rules may consist of, or may incorporate, adopt or operate by reference to, any code, standard or other document (with or without modification) as in force from time to time or as in force at a particular time, as specified in the rules.

(3) If a code, standard or other document is applied, adopted or incorporated in approved rules —

(a) a copy of the code, standard or other document must be kept available for inspection by members of the public, without charge and during normal office hours, at a place determined by the Minister; and

(b) in any legal proceedings, evidence of the contents of the code, standard or other document may be given by production of a document apparently certified by or on behalf of the Minister as a true copy of the code, standard or other document.

(4) The Minister on the advice of the Commission may —

(a) approve an amendment of approved rules; or

(b) cancel any approved rules.

(5) The Interpretation Act 1984 sections 41 and 42 apply, with any necessary changes, to any rules approved, amended or cancelled under this section.

[Section 62A inserted: No. 44 of 2011 s. 60.]

62. Regulations

(1) The Governor may make regulations with respect to all matters that are required or permitted by this Act to be prescribed, or are necessary or convenient to be prescribed for giving effect to the purposes of this Act.

(2) Without limiting subsection (1) regulations may be made with respect to any or all of the following —

(a) the appointment of, and fees payable to, officials involved in combat sports;

(b) ratings of contestants;

(d) contracts between contestants and industry participants;

(e) rest periods for contestants;

(f) guarantees and other securities to be given by promoters of contests.

(3) Without limiting subsection (1) regulations may prescribe persons who are taken to be registered under this Act, being persons who are registered or licensed under a law of a place outside the State, the purpose of which substantially corresponds with the purpose of this Act.

(4) Without limiting subsection (1) or the Interpretation Act 1984 section 45A regulations made for the purposes of section 44 may prescribe a fee that will allow recovery of expenditure that is relevant to the Commission performing its functions under sections 44 and 48 and at contests.

(5) Without limiting subsection (1) regulations with a savings or transitional effect may be made to provide for the consequences of the operation of the amendments made to this Act by the Professional Combat Sports Amendment Act 2011.

[Section 62 amended: No. 16 of 2003 s. 24; No. 44 of 2011 s. 61.]

[63. Deleted: No. 16 of 2003 s. 25.]

[64. Deleted: No. 16 of 2003 s. 26.]

[65. Deleted: No. 16 of 2003 s. 27.]

dline

Notes

1 This is a compilation of the Combat Sports Act 1987 and includes the amendments made by the other written laws referred to in the following table 2. The table also contains information about any reprint.

Compilation table

Short title	Number and year	Assent	Commencement
Boxing Control Act 1987 3	2 of 1987	29 May 1987	s. 1 and 2: 29 May 1987; Act other than s. 1 and 2: 22 Feb 1991 (see s. 2 and Gazette 22 Feb 1991 p. 867)
Boxing Control Amendment Act 1990	29 of 1990	5 Oct 1990	Act other than s. 4: 22 Feb 1991 (see s. 2(1)); s. 4: 3 May 1991 (see s. 2(2) and Gazette 3 May 1991 p. 1936)
Acts Amendment (Public Sector Management) Act 1994 s. 3(2)	32 of 1994	29 Jun 1994	1 Oct 1994 (see s. 2 and Gazette 30 Sep 1994 p. 4948)
Financial Legislation Amendment Act 1996 s. 49	49 of 1996	25 Oct 1996	25 Oct 1996 (see s. 2(1))
Boxing Control Amendment Act 2003 4, 5, 6	16 of 2003	17 Apr 2003	s. 1 and 2: 17 Apr 2003; Act other than s. 1 and 2: 12 Jan 2005 (see s. 2 and Gazette 11 Jan 2005 p. 89)
Sentencing Legislation Amendment and Repeal Act 2003 s. 40 7	50 of 2003 (as amended by No. 8 of 2009 s. 116(2))	9 Jul 2003	s. 40(2): 15May 2004 (see s. 2 and Gazette 14 May 2004 p. 1445)
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 Pt. 2 Div. 13 8	55 of 2004	24 Nov 2004	1 Jan 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7130)
Criminal Law Amendment (Simple Offences) Act 2004 s. 82	70 of 2004	8 Dec 2004	31 May 2005 (see s. 2 and Gazette 14 Jan 2005 p. 163)
*Reprint 1: The Professional Combat Sports Act 1987* as at 11 Mar 2005** (includes amendments listed above except those in the Criminal Law Amendment (Simple Offences) Act 2004)
Machinery of Government (Miscellaneous Amendments) Act 2006 Pt. 5 Div. 2	28 of 2006	26 Jun 2006	1 Jul 2006 (see s. 2 and Gazette 27 Jun 2006 p. 2347)
Financial Legislation Amendment and Repeal Act 2006 Sch. 1 cl. 133	77 of 2006	21 Dec 2006	1 Feb 2007 (see s. 2(1) and Gazette 19 Jan 2007 p. 137)
Acts Amendment (Bankruptcy) Act 2009 s. 69	18 of 2009	16 Sep 2009	17 Sep 2009 (see s. 2(b))
Public Sector Reform Act 2010 s. 89	39 of 2010	1 Oct 2010	1 Dec 2010 (see s. 2(b) and Gazette 5 Nov 2010 p. 5563)
Professional Combat Sports Amendment Act 2011	44 of 2011	12 Oct 2011	s. 1 and 2: 12 Oct 2011 (see s. 2(a)); Act other than s. 1 and 2: 1 Mar 2013 (see s. 2(b) and Gazette 1 Mar 2013 p. 1091)
*Reprint 2: The Combat Sports Act 1987* as at 5 Apr 2013** (includes amendments listed above)
Corruption and Crime Commission Amendment (Misconduct) Act 2014 s. 39	35 of 2014	9 Dec 2014	1 Jul 2015 (see s. 2(b) and Gazette 26 Jun 2015 p. 2235)

2 The Courts Legislation Amendment and Repeal Act 2004 Sch. 2 cl. 7 was repealed by the Criminal Law and Evidence Amendment Act 2008 s. 77(13).

3 Short title was initially the Boxing Control Act 1987 and was subsequently changed to the Professional Combat Sports Act 1987, and now the Combat Sports Act 1987 (see note under s. 1).

4 The Boxing Control Amendment Act 2003 s. 10(2) reads as follows:

(2) The Professional Combat Sports Commission Account is a continuation of the fund of the Commission called the Western Australian Boxing Commission Account immediately before the commencement of this Act.

5 The amendment in the Boxing Control Amendment Act 2003 s. 29(2) is not included because the section it sought to amend was previously amended by the State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 s. 72.

6 The Boxing Control Amendment Act 2003 s. 30 reads as follows:

Transitional provision in relation to certain registrations

(1) A person who, immediately before the commencement of this Act, was registered as a boxer of a certain class is to be treated on the commencement of this Act as being registered as a contestant of that class.

(2) The conditions and restrictions applicable to the registration of a person referred to in subsection (1) and the time for renewal of the registration continue to apply as if this Act had not been enacted.

7 Section 40(3) of this Act had not come into operation when it was deleted by the Statutes (Repeals and Miscellaneous Amendments) Act 2009 s. 116(2).

8 The State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 Pt. 5, the State Administrative Tribunal Act 2004 s. 167 and 169, and the State Administrative Tribunal Regulations 2004 r. 28 and 42 deal with certain transitional issues some of which may be relevant for this Act.

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)

boxing 3

capacity 3

combat sport 3

Commission 3

Commission’s appointee 48(2)

confidential police information 54B(1)

contest 3

contestant 3

court 54B(1)

Department 3

industry participant 3

medical practitioner 3

member 3

prescribed 3

registered 3

sensitive police information 54B(1)

sham contest 3

Western Australia

Combat Sports Act 1987

Western Australia

Combat Sports Act 1987

Contents

Part I — Preliminary

Short title 2
Commencement 2
Terms used 2

Part II — Combat Sports Commission

Combat Sports Commission established 4
Vacation of office 5
Remuneration and leave of members 6
Casual vacancies 6
Meetings of Commission 6
Control of Minister 7
Functions of Commission 7
Staff 8
Funds of Commission 8
Financial provisions 9

Part III — Registration of contestants

Prescribed classes of contestants 10
Register 10
Applying for registration 10
Registering contestants 11
Certificate of registration 12
Term of registration and application for renewal 12
Renewal of registration 12
Commission’s powers to ensure health and safety of contestants 13
Disciplinary powers against contestants 14

24A. Cancelling registration on contestant’s request 14

Offence to participate in contests if unregistered etc. 14

25A. Commission may vary or cancel conditions and restrictions 15

Part IV — Registration of industry participants

Register of industry participants 16
Applying to be registered 16
Registering industry participants 17
Certificate of registration 17
Term of registration 17
Application for renewal of registration 18

The Act deploys a small set of legal instruments to regulate combat sport activity. Key concepts defined in s 3 frame scope and operations.

Combat sport. Defined broadly to include boxing and "any other martial art, sport or activity" with two or more participants primarily seeking to grapple, punch, kick, throw or otherwise strike each other, unless expressly prescribed out (s 3). The statutory definition is activity‑based; the regulations may carve out specific activities as non‑combat sports by prescription (s 3).
Contest. A contest or exhibition of a combat sport that is organised for profit, conducted for public entertainment, or to which the public is invited, unless prescribed not to be a contest (s 3). The definition therefore links regulatory coverage to public and commercial dimensions.
Contestant and industry participant. A contestant is any person who participates in a contest (s 3). Industry participant is defined by reference to prescribed capacities in which persons, other than contestants, are involved in conducting or assisting to conduct contests (s 3). The Act requires registration for both categories and creates distinct duties and penalties (Parts III and IV).
Sham contest. A contest where a contestant is not competing to the best of their ability for reasons such as injury, bribe or threat, or where the result is arranged by contestants or persons controlling, judging or promoting the contest (s 3). Sham contests attract investigatory and monetary recovery powers (s 48A) and multiple criminal offences (s 47).
Register and contestant record book. The Commission must keep registers for prescribed classes of contestants and industry participants (ss 15, 26) and must issue a contestant record book containing prescribed personal, medical and contest information (s 35). The book functions as an authoritative medical and competition history and its alteration is restricted (s 36).
Permit regime and regulatory conditions. A permit is required to conduct a contest (s 44). The Commission may issue permits subject to terms, conditions and restrictions, vary or cancel permits, and require information after issuing a permit (ss 45, 47AA, 47A). The Minister, on advice of the Commission, must approve rules for each combat sport and may amend or cancel those rules (s 62A). The Governor may make regulations covering granular matters including fees, ratings, rest periods, and contractors and promoter securities (s 62).

The statutory architecture concentrates administrative decision making in the Commission, subject to Ministerial control (s 9). The Commission's functions include standards development, advice to the Minister, and operational tasks like registration, permit issuance, and safety oversight (s 10). Procedural protections appear in the Act: notice and opportunity to be heard are required before the Commission takes certain adverse actions, unless urgency for health and safety exists (s 54(1); s 47A(2)). The State Administrative Tribunal has review jurisdiction for decisions made under Parts III, IV and VII (s 53A).

The Act interweaves powers to collect confidential police information (ss 54A, 54B) and limits on disclosure where the Commissioner of Police certifies information as sensitive, permitting withholding of reasons where decisions rely wholly or partly on confidential police information (s 54B(4)). Financial and administrative arrangements link the Commission to public sector finance and audit frameworks (ss 12, 13). Finally, certain criminal law interactions are modified, with s 73 of the Criminal Code not applying to contests for which a permit has been issued (s 46(2)).

The Act creates obligations, decision rights and penalties that affect a set of discrete parties. Identify who pays, who decides, and who is regulated.

The Commission and Minister. The Commission is the primary decision maker for registrations, permits, rules advice and inquiries (ss 4, 10, 17, 45, 48A). The Minister appoints eight of nine members, establishes procedures for nominations and approves sport‑specific rules on the Commission's advice (ss 4, 4(4), 62A). The Commission is subject to Ministerial control (s 9). The Commission administers funds in the Combat Sports Commission Account and is subject to the Financial Management Act 2006 and Auditor General Act 2006 (ss 12, 13).
Contestants. Persons who participate in contests must be registered in the relevant class, produce and maintain a contestant record book, undergo pre‑contest weigh‑ins and medical examinations within 24 hours of a contest, and comply with any conditions imposed by the Commission (ss 3 definition, 17, 35, 48, 49A, 50). Registration certificates last three years (s 19). Contestants who participate while unregistered or suspended commit an offence with a $6 000 penalty (s 24). Contestants also face disciplinary action and suspension or cancellation based on fitness, compliance failures, or findings from sham contest inquiries (ss 21, 23).
Industry participants and promoters. Industry participants are those involved in conducting contests in prescribed capacities and must be natural persons to apply for registration (s 27). A person must not be involved in a prescribed capacity unless registered, with penalties escalating from $2 000 for a first offence to $10 000 for subsequent offences (s 33). Promoters applying for permits must supply prescribed information, meet the 42 day filing requirement (unless the Commission waives it), pay fees, ensure medical practitioner presence at contests and allow Commission‑authorised persons to attend unconditionally (ss 44, 45, 51).
Medical practitioners. Defined as persons registered under the Health Practitioner Regulation National Law (WA) (s 3). Approved medical practitioners must examine contestants within 24 hours prior to contests, certify prescribed information in contestant books, record examination results on Commission forms and notify the Commission's appointee where a contestant is unfit (s 49A). Medical practitioners present at contests must inform referees if contestants should not participate or continue (s 49).
Referees, judges and Commission appointees. Referees and judges have reporting obligations where they suspect sham contests (s 47(5)) and must act on medical advice to stop contests (s 49(2)). A Commission appointee attends weigh‑ins and contests to inspect record books and ensure compliance (ss 48(2)(c)(ii), 52).
Police and confidential information. The Commission may request police information to assess whether an applicant is a "fit and proper person" (s 54A). The Commissioner of Police may certify sensitive information as confidential, limiting disclosure and enabling the Commission to withhold reasons for decisions made wholly or partly on that information (s 54B).
The public and event attendees. Contests are regulated when they are public entertainment, organised for profit, or when the public is invited (s 3). Section 46 requires the Commission to notify the Commissioner of Police of permit details (s 46(1)). Section 46(2) also removes the application of s 73 of the Criminal Code to permitted contests (s 46(2)).

Who pays: the Act contemplates prescribed fees for registration and permit applications (ss 16(2)(c), 19(3)(c), 27(3)(b), 31(2)(b), 44(2)(e)). It also allows regulations to set fees that recover relevant Commission expenditure (s 62(4)). Non‑compliance attracts fines payable to the State and refundable orders to the Commission in sham contest circumstances (ss 47, 48A).

Who decides: the Commission decides registration, permits, conditions and inquiries (ss 17, 45, 23, 48A). The Minister appoints members and approves rules (ss 4, 62A). The Commissioner of Police has a role in nominating a member and providing confidential information (s 4(2)(a)(ii); ss 54A, 54B).

Behaviour changes expected: contestants must maintain medical histories and attend pre‑contest checks; promoters must secure permits, provide medical practitioners and allow Commission oversight; judges, referees and medical practitioners must comply with reporting duties; industry participants must register to operate legally.

The Act imposes specific duties and preserves certain rights. This section sets them out by actor and cites the relevant provisions.

Duties of the Commission and Minister

Appoint members, administer the Commission Account, and perform functions including standards, guidance and registration (ss 4, 10, 12).
Notify the Commissioner of Police upon issuing a permit (s 46(1)).
Give reasons and provide an opportunity to be heard before refusing registrations, permits, or imposing conditions, subject to urgency for health and safety (s 54(1), s 47A(2) read with s 54(1)).

Duties of contestants

Apply for registration in approved form, provide prescribed medical information and pay prescribed fees (s 16).
Produce and maintain a contestant record book issued by the Commission (s 35).
Attend weigh‑ins and medical examinations within 24 hours before contest and have those entries recorded in their record book (ss 48, 49A).
Not participate while unregistered or suspended (s 24).

Duties of industry participants and promoters

Register as industry participants where engaged in prescribed capacities and pay fees (ss 27, 31, 33).
Apply for a contest permit at least 42 days in advance unless permitted otherwise, supply prescribed information and pay fees (s 44).
Ensure medical practitioner and Commission appointee attendance at contests, and permit up to three Commission‑authorised persons to attend free of charge (s 51(1)(c), (d)).
Comply with terms, conditions or restrictions in permits and not conduct contests where permits are suspended or cancelled (ss 45(2), 47(2A), 47(2B)).

Duties of medical practitioners, referees and judges

Medical practitioners approved by the Commission must conduct pre‑contest examinations within 24 hours, record prescribed details, certify unfitness where appropriate and deliver forms to the Commission’s appointee (s 49A(1)-(3)).
They must inform the referee at contests if a contestant is unfit and perform post‑contest examinations, particularly where a contestant is rendered unconscious (ss 49, 51(3), (4)).
Referees must stop contests if informed a contestant is unfit and must report suspected sham contests in writing to the Commission (ss 49(2), 47(5)).
Judges and referees who knowingly allow or decide sham contests commit offences (s 47(3), (4)).

Rights and procedural protections

Applicants have a right to a reasonable opportunity to be heard before the Commission takes adverse actions under specified provisions (s 54(1)).
A person aggrieved by a decision under Part III, IV or VII may apply to the State Administrative Tribunal (s 53A).
Where the Commissioner of Police certifies information as confidential police information, the Commission may limit disclosure and, in decisions relying partly or wholly on such information, need not give reasons other than that the decision was made in the public interest (s 54B(3)-(4)). Courts retain power to review the sensitivity certification and to take evidence by affidavit where appropriate (s 54B(5)).

Operational powers and limits

The Commission may issue, vary or cancel permits; impose conditions on registrations and permits; suspend or cancel registrations and permits in the interests of health and safety; and conduct inquiries into sham contests (ss 45, 21, 23, 47A, 48A).
The Commission’s delegations are permitted but the Act forbids delegating the power of delegation itself (s 59).
The Minister must approve rules for each combat sport on the Commission’s advice; approved rules may adopt external codes or standards by reference and their publication requirements are set out (s 62A).

Evidentiary and administrative aids

Certificates issued by officers of the Department as to registration status and expiry are admissible as evidence in legal proceedings (s 58).
The Commission may require statutory declarations and other supporting information (s 57).

These duties and rights create a governance structure where administrative discretion is significant, but balanced by procedural notice rights and a statutory right of review to the State Administrative Tribunal for covered decisions (ss 54, 53A).

The Act sets a range of criminal penalties, administrative sanctions and civil recovery measures. Enforcement is both preventive (permit, registration requirements, medical checks) and penal.

Monetary fines by offence (selective list drawn directly from the Act)

Participating in a contest while unregistered or while registration is suspended: penalty of $6 000 (s 24).
Conducting a contest without a permit, or while permit suspended or cancelled, or breaching permit conditions: penalties of $12 000 (s 47(1), (2A), (2B)).
Agreeing to, participating in, organising or being involved in a sham contest: penalty of $12 000 (s 47(2)).
Referee or judge who knowingly fails to stop or gives a decision in a sham contest: penalty of $12 000 (s 47(3)-(4)).
Failure by a judge or referee to report suspected sham contest in writing: penalty of $12 000 (s 47(5)).
Medical practitioner present at contest who fails to inform referee a contestant is unfit, and referee who fails to act on such notice, both face a $12 000 fine (s 49(1)-(2)).
Altering contestant record books unlawfully or failing to initial an entry: penalty of $6 000 (s 36).
Deliberately damaging a contestant record book: penalty of $6 000 (s 38).
Failure to surrender a contestant record book within seven days after notification of non‑renewal, cancellation or suspension: penalty of $500 (s 39).
False or misleading information in applications, information to Commission or contestant record books: penalty of $12 000 (s 53).
A person involved in a prescribed capacity without registration: fine of $2 000 for a first offence and $10 000 for subsequent offences (s 33).

Administrative enforcement and recovery

The Commission may suspend or cancel permits and registrations where terms are not complied with or where health and safety concerns justify action (ss 21, 47A). The Commission must give a reasonable opportunity to be heard unless urgency requires immediate action (s 47A(2); s 54(1)).
For sham contests, after inquiry the Commission may order persons legally required to pay money to contestants to withhold payment without the Commission’s consent (s 48A(2)(a)). It may order payment of an amount not more than the money paid or payable to contestants or industry participants who participated in or were involved in the sham contest to the Commission (s 48A(2)(b)). Orders under s 48A(2)(b) are recoverable as a debt in a court of competent jurisdiction (s 48A(5)).
Fees, charges or money due to the Commission may be recovered as a debt (s 55).

Evidence and confidentiality mechanisms that affect enforcement

The Act permits the Commission to obtain police information for fit and proper person assessments (s 54A). Where the Commissioner of Police certifies information as confidential police information, the Commission must not disclose it except to specified bodies, and may limit reasons provided for decisions that rely on such information (s 54B(2)-(4)). Courts retain powers to examine such information on affidavit and to protect publication where requested by the Commissioner (s 54B(5)).

Interaction with criminal law

Section 46(2) states that s 73 of the Criminal Code does not apply to or in relation to a contest in respect of which a permit is issued under this Act. The Act therefore modifies the interaction between permitted contests and at least one provision of the Criminal Code; the text of s 73 itself is not reproduced in the Act.

Procedural enforcement controls

The Commission must give written notice of decisions and reasons within seven days of taking action where it refuses registrations, imposes conditions, suspends or cancels registrations, refuses permits or imposes permit conditions, and must allow the affected person a reasonable opportunity to be heard beforehand (s 54(1)-(3)).
Review rights to the State Administrative Tribunal exist for decisions under Parts III, IV and VII (s 53A).

Overall, the enforcement architecture combines civil recovery, administrative sanction, and criminal fines to create both deterrence and remedial options. The statutory confidentiality pathway for police information (s 54B) also shapes the Commission’s capacity to act on intelligence while limiting disclosure, which has implications for transparency and for the evidence available to those challenging decisions.

The Act expressly links to a number of other legal instruments and frameworks. The interactions influence administration, professional regulation, financial accountability, and procedural protections.

Health regulation

Medical practitioner is defined by reference to registration under the Health Practitioner Regulation National Law (Western Australia) (s 3). The Act therefore relies on the external professional registration regime to define who may perform medical functions under the Act, and medical practitioners operate within their broader professional obligations when performing statutory duties under the Act (s 49A).

Public sector finance and audit

The Commission’s funds are held in the Combat Sports Commission Account and the provisions of the Financial Management Act 2006 and the Auditor General Act 2006 apply to the Commission (ss 12, 13). That subjects the Commission’s financial administration and audit to mainstream public sector accountability regimes.

Criminal law

The Act modifies the application of s 73 of The Criminal Code as it applies to contests with issued permits (s 46(2)). The Act does not reproduce s 73, but the explicit non‑application alters how certain criminal defences or liabilities operate in the regulated contest context. Practitioners must check the Criminal Code text to assess precise legal effects.

Administrative law and review

Decisions under Parts III, IV and VII are reviewable by the State Administrative Tribunal (s 53A). The compilation notes indicate earlier transitional interactions with the State Administrative Tribunal Act 2004 and its regulations, suggesting the review pathway is integrated into the State’s administrative law architecture (Compilation table and notes).

Evidence law and confidentiality

The Act allows the Commissioner of Police to certify sensitive police information as confidential police information (s 54B). Where such information informs Commission decisions, the Commission may withhold reasons other than stating the decision was made in the public interest (s 54B(4)). Courts may decide whether certified information is sensitive police information and may receive evidence by affidavit from senior police officers, with powers to maintain confidentiality and limit publication (s 54B(5)). This creates a statutory bridge between police intelligence regimes and administrative decision making.

Statutory interpretation

The Act invokes provisions of the Interpretation Act 1984 in several places: duty to declare and refrain from participation where members have pecuniary interests (s 8(7) references Interpretation Act s 13D indirectly via s 5 amendment), and s 62A(5) expressly applies the Interpretation Act ss 41 and 42 to rules approved under s 62A. Practitioners should treat approved rules and their publication as delegated instruments governed by the Interpretation Act.

Regulations and external codes

The Minister and Commission may approve rules that incorporate external codes, standards or documents by reference (s 62A(2)-(3)). The Governor may make regulations on detailed matters such as official appointments, ratings, titles, contracts between contestants and industry participants, rest periods, and promoter securities (s 62(2)). Regulations may also prescribe persons taken to be registered under comparable out‑of‑state regimes (s 62(3)).

Statutory declarations and evidentiary certificates

The Commission may require statutory declarations (s 57). Officer‑signed certificates of registration, suspension, cancellation or expiry are admissible as evidence in legal proceedings (s 58), easing proof in civil and criminal litigation.

Public sector employment law

The Commission’s staff are appointed under the Public Sector Management Act 1994 (s 11). That places Commission employees under the general public sector employment framework.

Together, these cross‑references integrate the Combat Sports Act into Western Australia’s broader legal framework for professional regulation, public finance, administrative review, evidence and police confidentiality. Where the Act modifies application of other laws, as with the Criminal Code exclusion in s 46(2), practitioners must examine both statutes to resolve interactions.

The Act has a recorded legislative history with multiple amendments and name changes. The compilation table and notes in the Act document those changes and indicate the statutory evolution from a Boxing Control Act to the present Combat Sports Act.

Key steps in the amendment chronology recorded in the Act

Original enactment as the Boxing Control Act 1987 (Act No. 2 of 1987), assented 29 May 1987, with operative parts commencing by proclamation and later (s 2) (Compilation table).
Boxing Control Amendment Act 1990 (No. 29 of 1990) introduced changes including s 4 amendments and other modifications; commencement for some parts occurred in 1991 (Compilation table).
Acts Amendment (Public Sector Management) Act 1994, Financial Legislation Amendment Act 1996 and Machinery of Government and Financial Legislation amendments in 2006 adjusted public sector and financial aspects affecting the Commission and its account (Compilation table; ss 11-13).
The Boxing Control Amendment Act 2003 (No. 16 of 2003) enacted substantive reforms, reflected in later reprints. The compilation notes that some transitional provisions treated existing registered boxers as contestants under the new regime (note 6).
A significant re‑cast occurred with the Professional Combat Sports Amendment Act 2011 (No. 44 of 2011). That instrument introduced multiple structural changes reflected throughout the Act: change of name to Combat Sports Act 1987, insertion of Part II heading, new registration regimes, contestant record books (Part VI), explicit registration of industry participants (Part IV), permit procedures, medical and weigh‑in provisions, sham contest inquiry powers and the State Administrative Tribunal review path (ss 35-53A were inserted or substantially revised and are annotated as "inserted: No. 44 of 2011"). Many of the sections currently in force date from the 2011 amendments with commencement for most substantive amendments on 1 March 2013 (Compilation table).
The Corruption and Crime Commission Amendment (Misconduct) Act 2014 (No. 35 of 2014) made a technical amendment in 2014 with commencement on 1 July 2015 (Compilation table).

Notes in the compilation table

The compilation table records reprints: Reprint 1 as the Professional Combat Sports Act 1987 as at 11 March 2005; Reprint 2 as the Combat Sports Act 1987 as at 5 April 2013. These reprints provide consolidated texts reflecting amendments to those dates (Compilation table).
Specific insertions and deletions are tracked in the Act (for example, sections removed by later amendments are indicated as deleted and the amending instrument is cited where applicable).

Substantive policy shifts traceable in the amendment history

The Act evolved from boxing‑specific regulation to a broader regulatory frame for a range of combat sports. The 2011 amendments expanded regulatory reach to industry participants, introduced record books and tightened health and safety procedures (weigh‑ins and mandatory pre‑contest medical examinations), and strengthened anti‑corruption mechanisms targeting sham contests and the Commission’s investigative powers (multiple s insertions attributed to No. 44 of 2011).
Financial and administrative integration into general public sector frameworks occurred through amendments referencing the Financial Management Act 2006 and related reforms (ss 12, 13 and compilation notes).

Implementation timings and transitional provisions

Multiple amendments contain commencement provisions and transitional rules to preserve some pre‑existing registrations or to treat them as registered under the new regime (compilation note 6). Practitioners should consult the edition or reprint timestamp relevant to a particular transaction to determine which version applied at a given time (Compilation table and notes).

Overall, the Act’s amendment history indicates iterative statutory expansion from a boxing‑centric, licensing model to a broader, multi‑instrument regulatory apparatus addressing health and safety, integrity, and administrative oversight of combat sports in Western Australia, with much of the modern structure deriving from the 2011 amendments.

The Act itself does not name or summarise any litigation. The text contains no record of cases decided under the Act and does not cite judicial authorities. The compilation table and notes show legislative amendments and reprints but do not list court decisions.

What the Act does provide for dispute resolution and review

An express review route is set out: a person aggrieved by a decision of the Commission or the Minister made under Part III, IV or VII may apply to the State Administrative Tribunal for review (s 53A). That creates an administrative law pathway through a specialised tribunal rather than the ordinary courts for many decisions under the registration and permit regimes.
The Act provides for evidentiary certificates by Department officers as evidence in proceedings (s 58) and for the use of affidavit evidence from senior police officers to support claims of sensitive police information in court proceedings (s 54B(5)). These procedural tools will shape litigation and review practice where confidential police information is asserted.

Implications for researching case law

Because the Act enables SAT review and also contemplates court proceedings for enforcement and civil recovery, litigation arising under the Act may appear in SAT files, magistrates courts for fines and debts, or superior courts where orders under s 48A are enforced or where judicial review or statutory interpretation disputes arise.
The Act’s confidentiality mechanism for police information (s 54B) provides a statutory basis for withholding reasons and for courts to receive evidence by affidavit, which will influence case management, access to materials, and the manner evidence is adduced in any proceedings that touch on confidential police intelligence.

Absence of statutory naming of cases

Given the source text does not list cases, no decisions are named here. Practitioners seeking litigation history should search State Administrative Tribunal decisions and Western Australian court databases for matters citing the Combat Sports Act 1987, and should note the Act’s amendments: decisions before and after the major 2011 reform may engage materially different provisions.

The Act includes several provisions and structural features that produce practical risks, compliance traps and strategic considerations for industry participants, promoters, medical practitioners and lawyers. These are concrete mechanisms in the statute that change incentives or create information asymmetries.

Confidential police information and reasons

If the Commissioner of Police certifies information as confidential police information, the Commission may withhold reasons for decisions that rely partly or wholly on that information, beyond stating the decision was made in the public interest (s 54B(3)-(4)). This limits transparency for affected persons and complicates appeals because the Commission may not be required to disclose underlying intelligence. Courts, however, may review the sensitivity certification and take evidence by affidavit (s 54B(5)). Practitioners should anticipate evidence management and confidentiality procedures, and should plan to rely on procedural protections in s 54B(5) where disclosure is resisted.

Urgent suspensions and limited hearing rights

The Commission must ordinarily give a reasonable opportunity to be heard before taking adverse actions (s 54(1)). However, where health or safety may be jeopardised, the Commission may suspend or cancel a permit without prior hearing (s 47A(2)). Notices must state reasons and be confirmed in writing within seven days if given orally (s 47A(3)-(4)). That creates a risk for organisers of sudden suspensions; promoters should maintain documentation and monitoring to respond rapidly to such actions and should be prepared to seek prompt review.

Scope and definition of "contest" and "combat sport"

The Act’s coverage hinges on statutory definitions that allow prescription by regulation (s 3). Activities may be inside or outside the regime depending on whether they are prescribed out. Promoters of novel events should check whether the activity has been prescribed out as not a combat sport or not a contest. The Commission and Minister control these prescriptions via regulation, which affects industry classification and regulatory burden.

Mandatory medical and weigh‑in timing

Weigh‑ins and medical examinations must occur within 24 hours before a contest (s 48(2)(b); s 49A(1)). Practically, this tight timeframe imposes logistic costs: surgeons, ring doctors and Commission appointees must be available at specific times, and promoters may be exposed to offences with $12 000 penalties for non‑compliance (s 49A(2), s 50). Event scheduling must accommodate these mandated windows.

Record books and strict alteration rules

Contestant record books are the authoritative record. Only authorised people may alter them and alterations must be initialled adjacent to entries; unauthorised alteration or wilful damage carries up to $6 000 fines (ss 35, 36, 38). Loss, damage and duplication procedures are prescribed and fees may apply for duplicates (ss 42). Contestants and promoters should treat record books as sensitive statutory documents.

Registration and industry participant requirements

Industry participants must be natural persons to apply for registration (s 27(2)). Entities such as corporations cannot themselves be registered as industry participants under s 27(2), although individuals associated with bodies can be registered. Promoters who operate through corporate vehicles should ensure the individuals performing prescribed capacities are registered.

Sanctions for sham contests and wide recovery powers

If the Commission finds a sham contest on the balance of probabilities after inquiry, it can order that money paid or payable to contestants or industry participants be paid to the Commission and can order withholding of payments to contestants pending Commission consent (s 48A(2)(a)-(b)). Those orders are enforceable as debts (s 48A(5)). Promoters and payors should exercise contractual and payment controls to protect against subsequent Commission orders.

Ministerial control and Commission discretion

The Minister appoints most Commission members and the Commission is subject to the control and direction of the Minister (ss 4, 9). The Commission has substantial discretion to impose conditions on registrations and permits and may adopt external codes (s 10, s 62A). This configuration shapes governance and potential political influence; stakeholders must track membership and rule changes that may affect practical regulatory outcomes.

Interaction with criminal law and s 73

Section 46(2) removes the operation of s 73 of the Criminal Code for permits issued under this Act. Practitioners must check the content of s 73 to understand how criminal law defences or liabilities are adjusted for permitted contests.

Fees and recovery of Commission costs

Regulations may set fees to recover Commission expenditures relevant to permit issuance and contest enforcement (s 62(4)). Financial obligations can therefore vary by regulation; promoters and contestants should budget for fees, medical costs and potential Commission authorisation costs.

Limited disclosure of grounds when police material used

Where decisions rely on confidential police information, the Commission may rely on the public interest statement alone (s 54B(4)). This affects the ability to mount full substantive challenges and preserves an asymmetry in access to evidence.

These are statutory mechanisms rather than judicial findings. Practitioners should advise clients to document compliance, maintain required records and medical clearances, ensure registration of individuals in prescribed capacities, anticipate urgent regulatory interventions for health and safety, and to prepare for constrained disclosure where police information is involved.

This section sets out concrete, source‑grounded steps for compliance tailored to contestants, promoters, industry participants, medical practitioners and advisers. Each step ties back to the relevant statutory requirement.

For contestants

Register in the prescribed class before participating. Applications must be made in a Commission approved form, include prescribed medical information and the prescribed fee (s 16(1)-(2); s 17). Keep proof of submission and payment.
Carry and maintain the contestant record book issued by the Commission, ensure all entries are made only by authorised persons, and initial any authorised alteration adjacent to the entry (ss 35, 36). If lost or spoiled, apply promptly for a duplicate and pay the prescribed fee (s 42).
Attend pre‑contest weigh‑ins and medical examinations within 24 hours before the contest at times and places approved by the Commission, and produce your record book for inspection at weigh‑ins and medicals (ss 48(1)-(2)(b), 49A(1)). Do not participate unless these steps are completed and recorded (s 50).
Comply with conditions on your registration and notify the Commission if you wish to cancel your registration (s 21; s 24A).

For promoters and persons conducting contests

Apply for a permit in the Commission’s approved form, include names of participants and prescribed information, pay the prescribed fee and do so not less than 42 days before the event unless the Commission permits otherwise (s 44(1)-(2)).
Ensure any requirements prescribed by regulation for permit issuance are met; the Commission will only issue a permit if it is satisfied those requirements are complied with (s 45(1)(a)). Keep documentary proof of compliance with regulations and conditions.
Arrange for an approved medical practitioner to examine each contestant within 24 hours before the contest and ensure the Commission’s appointee and no more than three Commission‑authorised persons attend unconditionally and free of charge (s 49A(1); s 51(1)(c)-(d)).
Do not conduct the contest if the permit has been suspended or cancelled (s 47(2A)). If the Commission suspends a permit, comply with oral/written notices and act on any direction promptly (s 47A(3)-(4)).
Maintain records required by s 52, including providing the Commission with the record of contest and recording prescribed details in each contestant’s contestant record book.

For industry participants (coaches, managers, referees, judges, matchmakers etc.)

Check whether the capacity you perform is prescribed as an "industry participant" capacity. Only natural persons may apply for registration as an industry participant (s 27(2)). If required, apply in approved form and pay the prescribed fee (s 27(3)).
If registered, comply with any conditions and renew registration timely; certificates last three years (ss 29, 30, 31, 32). Where disciplinary or fitness questions arise, be prepared to engage with Commission inquiries and the State Administrative Tribunal for reviews (ss 33A, 53A).

For medical practitioners

Confirm you are registered under the Health Practitioner Regulation National Law (WA) qualifying you as a "medical practitioner" under the Act (s 3).
Be available for pre‑contest medicals within 24 hours of the contest, inspect contestant record books, carry out examinations, certify and record results on Commission forms and deliver those forms to the Commission’s appointee (s 49A(1)-(2)(d)-(f)).
If present at a contest and you form the opinion that a contestant should not participate or continue, inform the referee forthwith and record your opinion. Failure to do so attracts a $12 000 fine and the referee must act on your advice (s 49(1)-(2)).

Administrative and legal compliance

Maintain clear files of all permit applications, correspondence with the Commission, medical reports, weigh‑in records, contestant record book entries and receipts for fees. These are the documents the Commission will check and that courts or the SAT will review on appeal (ss 44, 48, 52, 54).
When the Commission requests information after issuing a permit, respond promptly to written notices (s 47AA). Non‑compliance with such a notice attracts a fine of $6 000.
If the Commission seeks police information as part of a fit and proper assessment, expect confidentiality constraints. Where adverse actions are taken based wholly or partly on confidential police information, be prepared to use the review mechanisms in s 53A and the court processes under s 54B to challenge the decision while recognising limitations on disclosure.
Ensure contractual arrangements with contestants and payments to contestants anticipate the Commission’s power to order withholding or recovery in sham contest findings (s 48A). Promoters should hold back or condition payments pending confirmed compliance and proof of bona fide competition.

Disciplinary and review pathways

If faced with an adverse decision by the Commission under Parts III, IV or VII, lodge a review application with the State Administrative Tribunal under s 53A within applicable timeframes.
Preserve contemporaneous evidence of fitness, medical clearance, weigh‑in timing and contest administration to rebut allegations of sham contest or non‑compliance (s 48A).

Regulatory monitoring

Monitor Ministerially approved rules for each combat sport (s 62A) and relevant regulations as they prescribe fees, classes, capacities and the other granular matters referenced in s 62. Fees for permits and registrations may be set to recover Commission expenditure (s 62(4)).
Keep under review whether a particular activity is prescribed out of the Act’s definition of combat sport or contest; if unclear, seek advice from the Commission or legal counsel.

These steps reflect statutory obligations and practical risk‑mitigation measures. They should be operationalised in checklists for events, contract clauses for payments and warranties, and retention protocols for medical and weigh‑in records.

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