Combat Sports Act 1987 (Western Australia)

The Combat Sports Act 1987 creates a regulatory framework for contests in combat sports in Western Australia. Mechanically, it does the following.

Establishes a statutory Combat Sports Commission (the Commission) with specified membership and functions (s 4, s 10). The Commission operates with staff under the Public Sector Management Act and holds funds in a named account (ss 11-13).
Requires registration of contestants and certain non‑contestant industry participants, with explicit application, fitness, age and medical requirements and a prescribed three‑year term and renewal process (ss 14-20; ss 26-32). Certificates of registration are issued (ss 18, 29).
Requires a permit to conduct any contest caught by the Act and prescribes the content and conditionality of permits, including a 42‑day default lead time for applications (ss 43-46, 44(2)(d), 45(1)-(3)). Grants the Commission power to vary, suspend or cancel permits before or during a contest (s 47A).
Imposes pre‑contest operational requirements: weigh‑ins within 24 hours, a medical examination within 24 hours by a Commission‑approved medical practitioner, production and use of contestant record books, and presence at the contest of an approved medical practitioner and Commission appointees (ss 48, 49A, 50-52).
Gives the Commission disciplinary powers over contestants and industry participants including suspension, cancellation and placing conditions on registrations (ss 21, 23, 33A, 25A, 34A).
Contains offence provisions with monetary penalties for unregistered participation, conducting contests without permits, failing medical obligations, sham contests and altering record books (ss 24, 33, 47, 36, 38, 50). The Act also authorises Commission orders relating to sham contests, including freezing or recovering payments (s 48A).

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 rests on a few recurring statutory constructs that determine how it operates.

The Commission as regulator: The Combat Sports Commission is the central administrative body (s 4). It is a statutory board with nine members, including ex officio membership of a Departmental chief executive or nominee and a police nominee (s 4(2)). The Commission is subject to ministerial control and direction (s 9) and must perform functions such as setting standards and advising the Minister (s 10). It may adopt standards or codes of conduct from other bodies (s 10(2)) and the Minister approves sport‑specific rules on the Commission’s advice (s 62A).
Registration regimes: Two parallel licensing registers exist: one for contestants and one for prescribed industry participants (ss 15, 26). Contestant registration requires the Commission to be satisfied that the applicant is fit and proper, of prescribed age, medically and physically fit, and aware of statutory duties (s 17). Industry participants (only natural persons are eligible) are also required to be fit and proper and to understand statutory duties (s 28). Registration terms are three years by default (ss 19(1), 30).
Contest permitting: A permit is required to conduct any contest that falls within the Act’s definition (s 44(1), s 3). Applications must contain names of participants and prescribed information, be accompanied by fees and ordinarily be lodged not less than 42 days before the contest (s 44). The Commission may impose conditions on permits and may refuse or suspend permits for health and safety or integrity reasons (s 45(2), 45(4), 47A).
Health and safety controls: The statutory architecture enforces medical oversight. Contestants must attend a pre‑contest weigh‑in (s 48) and a medical examination by a Commission‑approved medical practitioner within 24 hours before the contest (s 49A(1)). Medical practitioners have obligations to record prescribed information and to notify the referee if a contestant is unfit (s 49A(2), s 49(1)). Referees must act on a medical practitioner’s opinion to stop a contestant from participating or continuing (s 49(2)).
Contestant record books and documentation: The Commission issues a contestant record book at first registration, which must record prescribed personal particulars, medical information and contest history (s 35). The book must be produced at weigh‑ins and at the contest, may not be altered except by authorised persons, and must be surrendered when registration lapses or is suspended (ss 35, 36, 39).
Sham contests and integrity enforcement: The Act defines sham contests (s 3) and contains criminal and civil enforcement mechanisms. It criminalises knowing participation or facilitation of a sham contest (s 47(2)), gives the Commission power to inquire and, on that basis, to order withholding of payments or to recover payments to the Commission (s 48A).
Confidential police information: For fitness and probity checks, the Commission may request police information (s 54A). The Commissioner of Police may certify material as confidential police information, which the Commission must not disclose except in limited circumstances (s 54B(2)-(3)). Where decisions are based wholly or partly on such information, the Commission need not give reasons beyond that the decision was made in the public interest (s 54B(4)), although courts have procedures to consider such material (s 54B(5)).

Regulations and rules underpin the operational detail and permit the Executive to prescribe classes of contestants, fees, rest periods, ratings, titles, contracts and other operational matters (s 62). The Minister’s approved rules may adopt external codes by reference and must be publicly available (s 62A(2)-(3)).

Mechanically, the Act converts private event management functions into regulated activities: registration, permits, medical supervision, presence of Commission appointees, record‑keeping and compliance with approved rules. Discretion to impose conditions over registration and permit terms and the capacity to call on police information put significant decision space in the Commission and the Minister (ss 17(3), 45(2), 54B(4)).

The Act targets distinct groups; identify who is directly regulated and who bears compliance costs.

Contestants: Anyone who "participates in a contest" falls within the contestant definition (s 3). To participate in a contest that is organised for profit, public entertainment or to which the public is invited, a contestant must be registered in the relevant prescribed class (s 3, s 24). Registration requires an application with prescribed medical information and payment of the prescribed fee (s 16). Contestants must submit to weigh‑ins and pre‑contest medical examinations within 24 hours of the contest and have prescribed entries in their contestant record book (ss 48, 49A, 50). Penalties apply for unregistered participation and for non‑compliance with record book rules (ss 24, 36, 38).
Industry participants: The Act requires registration of persons involved in conducting or assisting to conduct contests in prescribed capacities, other than as contestants (s 3 definition; ss 26-33). Only natural persons may be registered as industry participants (s 27(2)). Examples of capacities can be prescribed by regulation (s 3). A person involved in a prescribed capacity must register or may commit an offence (s 33).
Promoters and permit holders: Persons who desire to conduct a contest must apply for and obtain a permit (ss 44-45). Permit holders have duties to ensure weigh‑ins and medical exams occur, to permit Commission‑appointed officials to attend without charge and to ensure presence of an approved medical practitioner and Commission appointees at the contest (s 51). Promoters who conduct contests without a permit or who breach permit conditions face substantial fines (s 47).
Referees and judges: The Act imposes duties on referees and judges to act on medical advice and to report suspected sham contests (ss 49, 47(3)-(5)). A referee or judge who knowingly allows a sham contest or gives a knowing decision in a sham contest commits an offence with a high fine (s 47(3)-(4)).
Medical practitioners: Only medical practitioners registered under the Health Practitioner Regulation National Law (WA) qualify as medical practitioners under the Act (s 3). Approved medical practitioners must certify prescribed information in contestant record books, submit examination results to the Commission’s appointee, and if present at a contest must notify the referee if the practitioner considers a contestant unfit to participate or continue (ss 49A(2), 49(1), 51(3)-(4)). Failure to comply may attract the penalties provided in the listed provisions.
Commission and Department officials: Members, staff and Commission appointees administer and enforce the law. The Commission must keep registers and issue record books, run the permit process, and may appoint delegates to perform functions (ss 15, 35, 45, 59). The Department has an ex officio member and staff appointed under public sector rules (s 4(2)(b), s 11).
Police: The Commissioner of Police is a statutory nominator to the Commission (s 4(2)(a)(ii)) and may provide confidential police information, together with certification mechanisms and restrictions on disclosure (s 54A, s 54B).
The public and audiences: Contests for “public entertainment”, or to which the public is invited, fall within the statutory definition of contest, bringing otherwise private events into the regime unless prescribed out (s 3). Those who hire or buy access to such events are affected indirectly by regulatory compliance costs that may feed into pricing.

Who pays and bears compliance costs. The Act contemplates fees for registration and permits, and permits fees that may recover Commission expenditure relating to application processing and contest supervision (ss 16(2)(c), 31(2)(b), 62(4)). Promoters will bear costs of compliance with presence obligations (s 51), facilitating weigh‑ins and medicals (ss 48, 49A) and any fines for breaches (s 47). Contestants incur the registration fee, medical reporting obligations and the administrative cost of maintaining and producing record books (ss 16, 35, 52).

Decision makers and accountability. The Commission decides on registration, renewal, permit issue and discipline (ss 17, 20, 45, 23, 33A). The Commission is subject to ministerial control (s 9), and several appointments are Ministerial (s 4), which concentrates appointment power at the executive level. An aggrieved person may apply to the State Administrative Tribunal for review of Commission or Minister decisions made under Parts III, IV or VII (s 53A), although where decisions use confidential police information the Commission need not give reasons beyond public interest (s 54B(4)).

Elements of discretion and enforcement affect behaviour. The Commission’s power to impose conditions, suspend or cancel registrations or permits (ss 21, 23, 47A) is designed to change the behaviour of organisers and contestants towards compliance with health, safety and integrity standards, enforced by a mix of administrative decisions, criminal fines and financial recovery orders (s 48A).

Set out in statutory text, duties and rights shape conduct before, during and after contests.

Key duties

Registration: Persons who wish to participate in contests as contestants must apply for registration in a prescribed class and satisfy fitness, age and medical requirements. The application must be in a Commission‑approved form and include prescribed medical information and the prescribed fee (ss 16, 17). Industry participants who perform prescribed capacities must also apply and be registered; only natural persons may be registered as industry participants (ss 27-28).
Permit applications and compliance: Persons who wish to conduct a contest must apply for a permit at least 42 days beforehand unless the Commission allows otherwise, include names of participants and prescribed information, and pay the prescribed fee (s 44). Permit holders must comply with any terms and conditions imposed by the Commission (s 45(2), 47(2B)).
Pre‑contest medical and weigh‑in obligations: Each contestant must submit to a weigh‑in within 24 hours before the contest and to a medical examination within 24 hours before the contest by a Commission‑approved medical practitioner. The medical practitioner must inspect the contestant record book and certify prescribed information. The Commission’s appointee must be provided the practitioner’s form (ss 48, 49A).
Presence and conduct duties for promoters: Promoters must ensure contestants have attended weigh‑ins and medicals, must not engage contestants the Commission has directed not to permit, must permit up to three Commission‑authorised persons to attend without charge, and must ensure an approved medical practitioner and at least two Commission‑authorised persons attend the contest (s 51(1)(a)-(d)).
Duties of medical practitioners, referees and judges: A medical practitioner present at a contest must inform the referee if a contestant should not participate or continue (s 49(1)). The referee must ensure the contestant does not participate or continue in those circumstances (s 49(2)). Referees and judges must report suspected sham contests to the Commission (s 47(5)).
Record‑keeping and production: Contestants must produce the contestant record book at weigh‑ins and at the contest and must not alter it except as authorised (ss 48(2)(d), 52(1), 36). The Commission’s appointee must record contest details and return such records to the Commission (s 52(2)).

Rights and procedural safeguards

Right to be heard and to written reasons: Before the Commission refuses registration, imposes conditions, suspends or cancels registration, refuses a permit, or imposes or varies permit terms, it must give the affected person a reasonable opportunity to be heard (s 54(1)). The Commission must give written notice of decisions and reasons within 7 days (s 54(2)-(3)). However, in urgent health or safety situations the Commission may suspend or cancel a permit without affording a hearing first, but must give the permit holder a reasonable opportunity to be heard unless health or safety would be jeopardised by the delay (s 47A(2)).
Review by State Administrative Tribunal: A person aggrieved by a decision of the Commission or the Minister under Parts III, IV or VII may apply to the State Administrative Tribunal for review (s 53A).
Confidential police information: Where decisions are made wholly or partly on confidential police information supplied under s 54A and certified by the Commissioner of Police (s 54B), the Commission need not give reasons other than that the decision is made in the public interest (s 54B(4)). Courts considering such decisions can adjudicate whether the material is sensitive police information and may receive affidavit evidence from senior police officers; courts may also protect the confidentiality of the information on request (s 54B(5)).
Evidentiary certificates: The Commission may rely on Departmental certificates evidencing registration and suspension states in court proceedings (s 58).

Discretionary powers and limits

Conditions, suspensions and cancellations: The Commission has broad discretion to impose conditions on registration or permits and to suspend or cancel registrations and permits where it considers health and safety or integrity concerns exist (ss 17(3), 20(2), 21, 23, 45(4), 47A). Those decisions are subject to the hearing requirements in s 54 unless urgent considerations justify immediate action (s 47A(2)).
Delegation and operational delegation: The Commission may delegate functions except its power of delegation (s 59). It can appoint staff and Commission appointees to carry out weigh‑ins and contest records (ss 11, 48(2)(c)(ii), 52(2)(a)).
Rule‑making and incorporation: The Minister, on the Commission’s advice, approves rules for each combat sport and those rules may incorporate external codes or standards by reference; those rules are applied by the Commission (s 62A). Regulations may prescribe many operational matters, including fees, classes, rest periods and recognition of out-of‑state licences (s 62(2)-(3), (4)).

Penalties and enforcement mechanisms flow from these duties and rights; the Act pairs mandatory procedural protections with immediate powers in the face of health and safety risks, and with confidentiality mechanisms when police material is used as the basis for decisions.

The Act creates a varied enforcement architecture combining fines, administrative orders, criminal penalties for certain acts, recovery as debt and investigatory powers.

Overview of monetary penalties

Contestant offences:
- Participating while unregistered or while registration is suspended: fine of $6 000 (s 24).
- False or misleading information in applications, information to the Commission or contestant record books: fine of $12 000 (s 53).
- Altering contestant record books without authorisation: $6 000 (s 36).
- Wilful damage or defacement of contestant record books: $6 000 (s 38).
- Failure to surrender contestant record book within 7 days of cancellation or suspension: $500 (s 39).
Industry participant offences:
- Being involved in the conduct of a contest in a prescribed capacity without registration: first offence fine $2 000; subsequent offence $10 000 (s 33).
Promoter and contest conduct offences:
- Conducting a contest without a permit: $12 000 (s 47(1)).
- Conducting a contest while the permit is suspended or cancelled: $12 000 (s 47(2A)).
- Breach of permit terms or conditions: $12 000 (s 47(2B)).
- Agreeing to participate in, participating in, or being involved in organising a sham contest knowing it is such: $12 000 (s 47(2)).
- Referee or judge who knowingly permits a sham contest or gives a decided result knowing it is a sham contest: $12 000 (ss 47(3)-(4)).
- Failure of judge or referee who suspects a sham contest to report it: $12 000 (s 47(5)).
- Failure to obey a Commission order related to sham contests (e.g. to withhold payment): $12 000 (s 48A(4)).
- Failure to comply with a written notice by the Commission to supply information after a permit is issued: $6 000 (s 47AA(2) penalty).
- Failure to comply with pre‑contest medical/attendance requirements: $12 000 (s 49A(2), s 50).
- Breach of duties to permit Commission‑appointed persons and have an approved medical practitioner present at contests: $12 000 (s 51(1)(c)-(d), and s 51(2) for rules non‑compliance).

Administrative enforcement mechanisms

Suspension and cancellation: The Commission may suspend or cancel registrations and permits for health and safety reasons, breach of conditions, or if a contest is or will be a sham (ss 21, 23, 47A). It must give the affected person a reasonable opportunity to be heard unless immediate action is needed for health or safety (s 47A(2); s 54(1)).
Commission orders and recovery: On finding that a contest is a sham, the Commission may order withholding of payments to contestants without the Commission’s written consent and may order that money paid or payable to contestants or participants be paid to the Commission, which the Commission may recover as a debt in court (s 48A(2)(a)-(b), (5)). An order made under s 48A(2)(a) is enforceable and non‑compliance carries a fine (s 48A(4)).
Debts and fees: Any amounts due to the Commission, including fees and charges, may be recovered as a debt in a court of competent jurisdiction (s 55).
Certificates and evidentiary measures: The Commission may rely on evidentiary certificates from Departmental officers to prove registration status or expiration in proceedings (s 58).

Investigatory and information‑gathering powers

Commission information requisitions: After issuing a permit and before the contest, the Commission may require the permit holder, participants or persons involved in conducting the contest to provide specified information by written notice (s 47AA(1)). Non‑compliance attracts a $6 000 fine (s 47AA(2)).
Police information and confidentiality: The Commission may request police information to assess fit and proper status (s 54A). The Commissioner of Police can certify information as confidential police information where disclosure would prejudice investigations, reveal sources, or endanger safety (s 54B(2)-(3)). This puts a statutory limit on the Commission’s disclosure duties; decisions based on such material may justify less detailed reasons to the affected person (s 54B(4)).
Inquiries: The Commission must inquire into contests it believes to be sham contests (s 48A(1)) and may then take orders and disciplinary action (s 48A(2), s 23).

Procedural protections and review

Opportunity to be heard: Before taking adverse action under a list of specified decisions the Commission must give the affected person a reasonable opportunity to be heard (s 54(1)).
Written reasons: The Commission must give written notice of decisions and reasons within 7 days of the decision (s 54(2)).
Review by SAT: Decisions under Parts III, IV or VII may be reviewed by the State Administrative Tribunal (s 53A). However, where decisions rely on confidential police information the Commission may limit reasons and courts have procedure for handling sensitive material (s 54B(4)-(5)).

Enforcement design features to note

Penalties are concentrated in fixed monetary fines rather than imprisonment. Several operational offences carry the same top fine of $12 000 (ss 47(1), 47(2B), 47(3)-(5), 49A(2), 50, 51(1)(d), 51(2)).
The Commission’s power to order the withholding of payments and to recover monies to itself provides a civil remedy that can effectively redirect funds arising from sham contests to the regulator (s 48A(2)(a)-(b)).
The Act supplies immediate administrative mechanisms (suspension of permits) where health or safety risks are present and imposes procedural safeguards (opportunity to be heard and written reasons) subject to safety exceptions (ss 47A(2), 54(1)-(2)).

In short, enforcement combines licensing and conditioned permission, pre‑contest supervisory powers, disciplinary administrative decisions, fines, orders with debt recovery and limited investigatory powers; confidentiality rules can constrain disclosure and affect the shape of judicial review.

The Act is configured to operate alongside other statutory instruments and administrative frameworks. The text expressly cross‑refers and delegates responsibilities in multiple places.

Public sector and financial laws

Staff appointments and public sector employment: The Commission’s staff are appointed under the Public Sector Management Act 1994 (s 11). This places Commission employees within broader public sector employment frameworks and associated obligations.
Financial administration and auditing: The Combat Sports Commission Account is to be established under the Financial Management Act 2006 or a bank and the Commission’s funds are subject to the Financial Management Act 2006 and the Auditor General Act 2006 (ss 12-13). These cross‑references bring public financial controls, appropriation rules and audit obligations into play.

Health practitioner regulation

Medical practitioner definition: The Act defines “medical practitioner” as a person registered under the Health Practitioner Regulation National Law (Western Australia) in the medical profession (s 3). This ties the Act to the national health practitioner regulatory framework and the registration requirements and professional standards that accompany it.

Criminal law and policing

Criminal Code exception: Section 46(2) provides that section 73 of The Criminal Code does not apply to or in relation to a contest for which a permit is issued under the Act. That cross‑reference adjusts the interaction between this Act’s permitted contests and particular Criminal Code provisions.
WA Police involvement and confidential information: The Commission may ask the Commissioner of Police for information to assess fit and proper status (s 54A). The Commissioner may certify sensitive material as confidential police information and restrict disclosure (s 54B). Courts are empowered to adjudicate whether such material is sensitive and to receive affidavit evidence from senior police officers while maintaining confidentiality (s 54B(5)). The Commissioner’s certification function is non‑delegable except to senior police officers (s 54B(6)). This creates an explicit interplay between policing agencies and the Commission’s regulatory decision‑making.

Administrative law and review

State Administrative Tribunal: The Act grants right of review to the State Administrative Tribunal for decisions under Parts III, IV and VII (s 53A). That imports the SAT’s statutory review procedures and grounds for review into the Act’s decision ecosystem. However, s 54B(4) modifies disclosure obligations where confidential police information is involved, which may limit the reasons available in review or litigated contexts.
Evidentiary certificates: The Act provides that Departmental certificates about registration status are admissible as evidence (s 58). This provision interacts with civil procedure and evidentiary rules in courts or tribunals.

Regulatory hierarchy and subordinate law

Rules and regulations: The Minister, on the Commission’s advice, approves rules for each combat sport (s 62A). Those rules may incorporate external codes or standards by reference and are subject to the Interpretation Act provisions on publication (s 62A(2)-(3), (5)). Regulations under s 62 may prescribe detailed operational matters including fees, ratings, titles, rest periods, guarantees by promoters and recognition of out‑of‑state licences (s 62(2)-(3)). Thus, operational detail and industry‑specific obligations will likely be implemented through delegated legislation and rules, not solely by the Act.
Relationship to prior legislation: The compilation table notes the Act started as the Boxing Control Act 1987 and was later renamed and amended; those historical amendments may affect transitional rights and continuity of certain registrations (Compilation table notes and s 30 of the Boxing Control Amendment Act 2003 reproduced in the notes). The Act’s present form includes amendments up to at least 2014.

Evidence and court liaison

Courts and confidentiality: In proceedings relating to decisions based on confidential police information, the court may determine if material is sensitive police information and receive evidence by affidavit from a senior police officer; the court must take steps to maintain confidentiality where appropriate (s 54B(5)). This produces a bespoke interaction between the Act’s confidentiality regime and ordinary court procedure.

Other regulatory interfaces

Offsite recognition: Regulations may prescribe persons taken to be registered under this Act, including persons licensed under laws of other places with substantially correspondent purposes (s 62(3)). This provision provides a route for mutual recognition of out-of‑state licences or registrations.
Public sector protections: No liability attaches to Commission members, delegates, officers and employees for acts or omissions done in good faith in exercising functions under this Act (s 61). That immunity interacts with public sector tort or negligence frameworks.

Overall, the Act is designed to operate as a sectoral regulator that draws on health practitioner registration, policing information, public sector staffing and financial frameworks, delegated rules and regulation‑making, and administrative review processes. Practitioners must therefore consider the broader statutory ecosystem,including health regulation, public sector employment rules, evidentiary law and administrative review,when advising clients or managing compliance.

The Act has been amended repeatedly since its original enactment in 1987. The compilation notes within the statute provide a chronological list of material amendments and reprints. Key amendment points from the source follow, with their mechanical effect described.

1987: Enacted as the Boxing Control Act 1987 (short title initially), assented 29 May 1987; general commencement dates set out in the compilation table.
1990: Boxing Control Amendment Act 1990 (No. 29 of 1990) , amended composition provisions and other matters; s 4 amended (compilation notes mention s 4).
1994: Parts relating to staff were aligned to the Public Sector Management Act (s 11 referenced).
1996: Financial Legislation Amendment Act 1996 (No. 49 of 1996) , integrated financial provisions (ss 12-13) with Financial Management Act and Auditor General Act.
2003: Boxing Control Amendment Act 2003 (No. 16 of 2003) , several amendments, including renaming to the Professional Combat Sports Act 1987 in later versions; transitional provision (s 30 of that Amendment Act) provided that persons registered before the amendment continue to be treated as registered.
2004: State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 , matters affecting review and administrative jurisdiction (compilation table entry and note refer to Pt 5 and relevant conferral; see also the eventual insertion of s 53A).
2004-2005: Amendments under Sentencing Legislation Amendment and other Acts adjusted certain offences and penalties (compilation table entries indicate later commencement of some provisions).
2006-2007: Machinery of Government and Financial Legislation amendments updated administrative arrangements and financial reporting (compilation entries Nos 28 and 77 of 2006).
2009: Acts Amendment (Bankruptcy) Act 2009 updated vacancy provisions to reflect bankruptcy rules (s 5 amended).
2010: Public Sector Reform Act 2010 affected public sector appointment references (s 6 reference).
2011: Professional Combat Sports Amendment Act 2011 (No. 44 of 2011) is a substantial package of amendments that recast large parts of the Act. It inserted or revised:
- Part II heading and many Commission provisions (s 4 onwards).
- The contestant registration regime (ss 14-25A) and industry participant registration (ss 26-34A).
- Contestant record book regime (Part VI introduced with ss 35-42).
- The contests part was expanded and modernised, including s 44 (permits), s 47AA (information after permit issued), s 47A (suspend/cancel permit), s 48A (sham contests), and strengthened medical and weigh‑in provisions (ss 48-52).
- Review by SAT via s 53A.
- Confidential police information provisions via s 54B.
- Rules for contests via s 62A and broad regulation‑making powers retained/updated via s 62. The bulk of the Act’s contemporary structure is a result of these 2011 amendments, which commenced in stages (compilation table: s 1 and 2 on 12 Oct 2011; remainder on 1 March 2013).
2014-2015: Corruption and Crime Commission Amendment (Misconduct) Act 2014 (No. 35 of 2014) amended s 54B with a commencement in 2015 (compilation table).

The compilation table confirms two reprints: Reprint 1 (Professional Combat Sports Act 1987) as at 11 Mar 2005, and Reprint 2 (Combat Sports Act 1987) as at 5 Apr 2013, the latter reflecting the 2011 Amendment Act’s changes.

Mechanically, the 2011 Amendment Act expanded the Commission’s regulatory reach, introduced the contestant record book regime and the industry participant register, strengthened medical and pre‑contest controls, created explicit sham contest inquiry and recovery powers, and embedded confidentiality processes for police information. Subsequent amendments have been more incremental, aligning the Act with other changes to public sector, financial and anti‑corruption statutes.

For practitioners reviewing a regulatory history or advising on existing registrations and permits, the reprint as at 5 April 2013 is the baseline for current structure. Transitional provisions from prior amendments remain relevant for legacy registrations and procedural continuity (see compilation notes and the specific transitional clause quoted in the compilation table for the 2003 amendment).

The text of the Act as provided does not list any cases, judicial decisions, or reported litigation specific to the Act. The Act itself furnishes procedural and evidentiary mechanisms that shape how disputes would be litigated and reviewed; practitioners should note those mechanisms even where no case law is cited in the statute.

Statutory dispute and review mechanisms

State Administrative Tribunal review: s 53A expressly grants aggrieved persons a right to apply to the State Administrative Tribunal for review of Commission or Minister decisions made under Part III (contestant registration), Part IV (industry participant registration) or Part VII (permits and contests). This establishes the SAT as the primary administrative forum for reviewing licensing and permit decisions under the Act.
Court jurisdiction and evidentiary appliances: s 58 provides that a certificate signed by a Department officer is evidence of registration status and related matters in court proceedings. Section 48A(5) allows the Commission to recover amounts ordered under its sham contest powers in a court as a debt due to the Commission. Section 55 confirms recovery of charges and fees as debts in courts of competent jurisdiction. Courts are expressly given power to handle confidential police information by affidavit evidence from senior police officers and to take steps to preserve confidentiality where requested (s 54B(5)). These provisions anticipate contested proceedings in courts and tribunals.

Implications of the absence of cases in the text

No case law in the Act text: The statute does not itself cite judicial authority or report decisions that might interpret its terms. Any jurisprudence that has developed in the State’s courts or the SAT dealing with statutory constructions, the meaning of “fit and proper person”, the use of confidential police information, the Commission’s discretion, or the scope of sham contest powers is not reflected in the source provided.
Predictability of review outcomes: In the absence of reported decisions in the act text, practitioners must rely on general administrative law principles and on the SAT’s developing body of decisions. The Act’s internal procedures,opportunity to be heard (s 54), written reasons (s 54(2)), and SAT review (s 53A),are the procedural skeleton in dispute resolution. Where confidential police information is used, courts are provided a tailored mechanism to accept affidavit evidence and shield sensitive material (s 54B(5)). How courts apply s 54B in practice is a matter for case law beyond the statute.

Practical route for disputes

For licence or permit refusals, conditions or cancellations under Parts III, IV or VII, an affected person’s primary statutory avenue is application to the State Administrative Tribunal (s 53A). Where criminal or penalty provisions are invoked,such as prosecution for operating without a permit or for sham contests,those matters would proceed in the relevant criminal or quasi‑criminal forum.
Financial recovery orders under s 48A(2)(b) are specifically recoverable as debts in court (s 48A(5)). Evidentiary certificates (s 58) may streamline prosecutions or civil claims concerning registration status.

Because the source contains no case citations, practitioners should search the State Administrative Tribunal and Western Australian court databases for decisions construing the Act’s key concepts: “fit and proper person”, exercise of suspension powers in s 47A, operation of s 54B confidentiality in review or judicial proceedings, the scope of sham contest inquiries under s 48A, and enforcement outcomes under s 47 and s 33.

The Act contains several provisions where operational detail, timing or statutory discretion produces compliance or legal risk that parties are likely to encounter.

Broad definitions that may capture events not obviously “combat sports”: The definition of “combat sport” is wide, covering boxing and any other martial art, sport or activity where the primary objective is to grapple, punch, kick, throw or strike another person unless prescribed out (s 3). Similarly, “contest” includes events organised for profit, public entertainment, or to which the public is invited, unless prescribed out (s 3). Promoters and venue operators should check whether an event falls within the Act or is prescribed not to be a contest.
Prescriptive timing for pre‑contest processes: Weigh‑ins and medical examinations must occur within 24 hours before the contest (ss 48(2)(b), 49A(1)). Failure to meet this narrow time window makes participation an offence (s 50). Event scheduling, travel and multi‑city tours can interact poorly with this timing requirement.
Strict document control and penalties for record‑book breaches: Contestant record books must be issued, maintained, produced at weigh‑ins and contests, and may only be altered by authorised persons; unauthorised alteration attracts a $6 000 fine and wilful damage carries the same penalty (ss 35, 36, 38). Lost or damaged books require formal replacement under s 42. Contestants and handlers must manage provenance and custody of books carefully.
Natural person requirement for industry participants: Only natural persons can be industry participants (s 27(2)). Corporations or other entities cannot register as industry participants and must ensure that any capacity requiring registration is carried out by a registered natural person or otherwise falls outside the prescribed capacities.
Commission discretion and ministerial influence: The Minister appoints most members including the chair and is able to control and direct the Commission (s 4(2), s 9). The Commission may impose conditions and vary or cancel them at any time (ss 17(3), 25A, 34A). This combination of appointment power and broad regulatory discretion creates operational uncertainty for industry actors who must navigate possible changes in conditions and policy.
Confidential police information limits disclosure and reasons: Where the Commissioner of Police certifies information as confidential police information, the Commission must not disclose it except to a restricted list of recipients (s 54B(3)). The Commission may rely on such material and, in doing so, need not give reasons other than that the decision is in the public interest (s 54B(4)). For an applicant seeking review, this can reduce the practical information available to challenge a decision, although courts have procedure to examine such material in camera and by affidavit (s 54B(5)). Practitioners should prepare for limited reasons and restricted disclosure in these cases.
Timing and operational flexibility in permit applications: The Act prescribes a 42‑day default lead time for permit applications (s 44(2)(d)), but allows the Commission to permit shorter lead times. Reliance on Commission goodwill for late applications is risk. Promoters should plan timetables to accommodate processing time and any inspection or Commission appointee presence arrangements.
High and uniform penalties for many operational breaches: Many operational breaches attract the maximum fine of $12 000 (see ss 47, 49A(2), 50, 51). The Act uses the same top fine for offences of different character, meaning non‑compliance can be costly and enforcement concentrated on monetary penalties rather than remedial steps.
Sham contest remedies can redirect payments: If the Commission finds a contest was sham on the balance of probabilities, it can order that payments to contestants or participants be withheld or paid to the Commission and may recover amounts as a debt (s 48A(2)(a)-(b), (5)). That is a civil remedy with immediate financial impact on persons expecting payment for contests, and can both freeze and redirect revenue streams.
Delegation and authentication modalities: The Commission may delegate many functions but retains the power of delegation (s 59). Documents can be authenticated by the chairman or authorised staff (s 60). Parties should ensure they deal with properly authorised Commission delegates and authenticated notices, as unauthorised or defective actions could present procedural challenges.
Applicability to out‑of‑state registrations depends on regulations: The Act allows regulations to prescribe persons who are to be taken as registered under this Act if registered in other places with substantially corresponding purposes (s 62(3)). Without such regulations, out‑of‑state licences may not confer rights; promoters relying on interstate or overseas licences should confirm regulation status.

These features create practical compliance traps in timing, documentation, disclosure in disputes, and the potential for sudden administrative action. They also make the costs of non‑compliance concentrated and immediate in the form of fines, suspension and recovery of payments.

This section sets out practical steps for contestants, industry participants, promoters and medical practitioners to align actions with statutory requirements, citing the Act.

For contestants

Register before participating:
- Apply to the Commission in the approved form with prescribed medical information and the prescribed fee (s 16(1)-(2)). Do not participate in a contest unless registered for the relevant class, or while registration is suspended (s 24).
Maintain and produce the contestant record book:
- Ensure the record book issued under s 35 is kept secure, not altered except by authorised persons and produced at weigh‑ins and at contests (ss 35, 36, 48(2)(d), 52(1)). Understand the prescribed particulars that must be recorded.
Comply with medical and weigh‑in requirements:
- Attend weigh‑in within 24 hours before the contest at the time/place approved by the Commission and ensure the Commission’s appointee records the weight (s 48(2)(a)-(b), (d), (e)).
- Attend a Commission‑approved medical practitioner within 24 hours before the contest; produce the record book to the practitioner and ensure the practitioner completes prescribed certification and gives the form to the Commission’s appointee (s 49A(1)-(2)).
Do not participate if medically unfit:
- If a medical practitioner records an opinion that the contestant should not participate, the contest holder must ensure the person does not participate (s 49A(3)-(4)). A medical practitioner present at a contest must notify the referee if a contestant is unfit, and the referee must act (s 49).
Renew registration:
- Apply for renewal in the Commission’s form with prescribed medical information and fee before expiry (ss 19-20).

For promoters and permit holders

Apply for and obtain a permit:
- Lodge a permit application in the Commission’s form not less than 42 days before the proposed contest, including names of participants, prescribed information and fee (s 44(1)-(2)). The Commission may allow a shorter period but plan for the 42‑day lead time.
Comply with permit conditions:
- Ensure any terms and conditions attached to a permit are observed; the Commission may refuse, condition, suspend or cancel permits for non‑compliance or on health and safety grounds (ss 45, 47A). If a permit is suspended or cancelled the promoter must cease conducting the contest (s 47(2A)).
Facilitate weigh‑ins and medicals:
- Provide access and logistics for weigh‑ins and medical examinations within 24 hours of the contest as required (ss 48, 49A). Ensure the Commission’s appointee can inspect contestant record books and that the weigh‑in occurs in the approved time and place (s 48(2)(a)-(b), (d)).
Ensure required presence at the contest:
- Ensure an approved medical practitioner is present and at least two Commission‑authorised persons (up to three persons can be present without charge) are admitted to the contest to monitor compliance (s 51(1)(c)-(d)). The promoter must not permit a contestant to participate where the Commission has directed otherwise (s 51(1)(b)).
Record keeping and returns:
- Permit the Commission’s appointed person to make contest records, record results and return records to the Commission as directed (s 52(2)(a)-(c)). Ensure the contestant record books are updated per prescribed requirements (s 52(2)(d)).
Respond to Commission information notices:
- If the Commission serves a written notice under s 47AA requiring information after permit issue and before the contest, comply promptly; non‑compliance carries a $6 000 penalty (s 47AA).

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

Verify whether registration is required:
- Check regulations for the prescribed capacities that qualify as “industry participant” under the definition (s 3 and s 62). If the activity is prescribed, only natural persons may apply (s 27(2)).
Apply for registration and renew:
- Apply in the Commission’s approved form, pay the prescribed fee and supply any required information (s 27). Renew on the three‑year term cycles (ss 29-32).
Comply with conditions and disciplinary rules:
- Understand that the Commission can impose and vary conditions on registration and may suspend or cancel registrations where the participant is not fit and proper or breaches conditions (ss 28(2), 33A).

For medical practitioners

Become an approved practitioner:
- The Act requires medical practitioners to be registered under the Health Practitioner Regulation National Law (WA) (s 3). Seek Commission approval where required to be the practitioner who conducts pre‑contest examinations.
Conduct and document examinations:
- Within 24 hours before the contest, examine contestants, inspect their record books, certify prescribed information and record results on a Commission form; give the form to the Commission’s appointee (s 49A(1)-(2)).
Duties at the contest:
- If present at a contest and of the opinion a contestant should not participate or continue, inform the referee immediately; the referee must enforce removal or stoppage (ss 49(1)-(2)).
Post‑contest and unconsciousness protocols:
- If a contestant is rendered unconscious, the approved medical practitioner must examine and perform necessary functions, and as soon as practicable examine contestants after the contest (s 51(3)-(4)).

Practical compliance tips and institutional steps

Check whether a particular activity is prescribed out of the Act’s definitions. Regulations can exclude certain activities from the statutory definition of “combat sport” or “contest” (s 3).
Document and keep copies of all submissions, permits and Commission correspondence; s 54 requires the Commission to provide written reasons of decisions within 7 days and s 58 allows Department certificates to be used as evidence.
Plan for prescribed fees and budget for medical, administrative and Commission appointee costs. Regulations may permit fees that recover the Commission’s expenditure for processing and oversight (s 62(4)).
When contest integrity is at issue, be aware of the Commission’s sham contest powers (s 48A). Avoid conduct that could be characterised as fixed or not performed to an athlete’s best ability (s 3 definition of sham contest).
Prepare for constrained disclosure where police information is involved. If a decision references confidential police information, the Commission may provide only limited reasons, and courts may receive evidence by affidavit from senior police officers (s 54B). Seek legal advice early if adverse action cites police material.

Record keeping and audit readiness

Ensure contestant record books are kept up to date and original books are available at weigh‑ins and contests; secure duplicates if books are lost or spoilt under s 42.
Make sure contest records required under s 52(2) are properly completed and returned to the Commission.

Dispute and appeal planning

If aggrieved by Commission or Minister decisions under Parts III, IV or VII, prepare for review in the State Administrative Tribunal (s 53A). Bear in mind the limits on disclosure when confidential police information is involved and the procedural steps for hearings (s 54B).

Following these steps aligns operational processes to the statutory duties and reduces exposure to fines, suspension and recovery orders. Practical compliance depends on coordination between promoters, contestants, medical practitioners and the Commission’s administrative officers.

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