Version incorporating amendments as at
21 August 2024
table of provisions
Section Page
Part I—Preliminary 1
1 Short title 1
2 Commencement 1
3 Purpose 1
5 Definitions 2
5A Recognition of amateur associations 8
Part II—Professional contests 9
Division 1—Licences and permits 9
6 Board may license persons involved in professional contests 9
6A Licence applications to be forwarded to Chief Commissioner 11
6B Board may request further information in support of application for a licence 12
6C Board to give reasons for not issuing a licence 14
6D Ban on re-applying for issue or renewal of licence 14
7 Board may issue permit to conduct promotion 15
8 Promoters, trainers, match-makers, referees, judges and timekeepers must hold a licence 15
9 Licences and permits 16
9AA Licence of person must be cancelled if person is a prohibited person 17
9AB Inquiry may be held to determine whether licensee continues to meet probity requirements 17
9AC Decision of Board following inquiry under section 9AB 20
9AD Ban on re-applying for issue of licence following cancellation 21
9A Other circumstances that may result in variation, suspension or cancellation of licence or permit 21
Division 2—Registration 23
10 Person must not compete in a professional contest unless registered 23
10A Application for registration as a professional contestant 23
10B Cancellation or suspension of registration 24
10C Restriction on re-registration of previously unfit professional contestant 27
Division 3—Medical examinations and fitness tests 27
12 Compulsory medical examinations and fitness tests 28
Division 4—Duties of promoters 29
13 Duties of Promoter 29
Division 5—Professional Boxing and Combat Sports Board 31
14 Establishment and membership of Board 31
14A Functions, powers and duties of Board 32
14B Board procedure 33
14BA Acting chairperson 33
14BB Acting member 34
14C Delegation 35
14D Immunity 37
Section 1 - Professional Boxing and Combat Sports Act 1985 - Professional Boxing and Combat Sports Act 1985 | Zoe
14E Disclosure of information 37
Division 6—Disclosure of information by Chief Commissioner 38
14F Disclosure of information by Chief Commissioner 38
Part III—Delegations 39
15 Minister may delegate 39
15A Delegation by Chief Commissioner 40
Part IV—Review of decisions of Board 41
16AA Definition 41
16 Review by VCAT 41
17 VCAT must ask the Board about protected information on receiving certain applications for review 42
17A Appointment of special counsel if review involves protected information 43
17B Hearing where protected information involved 44
17C Decision where protected information is involved 45
17D Board may change its decision 47
17E Chief Commissioner may request Board to reconsider decision without protected information 48
17F General provisions for hearing matters involving protected information 49
Part V—Offences 50
18 Aiding etc. offence 50
19 Proceedings for offence 50
20 Certificate of Minister shall be evidence 50
21 Document under this Act shall be evidence 51
Part VI—Regulations 52
22 Regulations 52
Part VII—Rules 55
23 Board may make rules 55
Part VIII—Transitional and savings provisions 56
Division 1—Provisions for Professional Boxing and Martial Arts (Amendment) Act 2001 56
24 Change to references to Act name 56
25 Effect of change to Board's name 56
26 Single registrations become dual registrations 56
27 Former martial art becomes a combat sport 57
28 Recognition of former named associations 57
Division 2—Provisions for Professional Boxing and Combat Sports Amendment Act 2008 57
29 Definition 57
30 Existing licences, permits and registrations 57
31 Timekeepers 59
32 Existing applications 60
33 Existing Board members 60
Division 3—Provisions for Professional Boxing and Combat Sports Amendment Act 2013 61
34 Definitions 61
35 List of persons who may act as timekeepers 61
36 Pending licence applications 62
37 Appeal to the Minister 62
Endnotes 63
1 General information 63
2 Table of Amendments 65
3 Explanatory details 68
Version No.033
Professional Boxing and Combat Sports Act 1985
No. 10183 of 1985
Version incorporating amendments as at
21 August 2024
An Act to broaden existing controls on professional boxing and to repeal the Professional Boxing Control Act 1975 and for other purposes.
BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):
Part I—Preliminary
S. 1
amended by Nos 36/1996 s. 3(1), 15/2001 s. 3.
1 Short title
This Act may be cited as the Professional Boxing and Combat Sports Act 1985.
2 Commencement
The provisions of this Act shall come into effect on a day or days to be fixed by proclamation of the Governor in Council published in the Government Gazette.
S. 3
amended by Nos 36/1996 s. 4, 15/2001 s. 4, substituted by No. 65/2013 s. 4.
3 Purpose
The purpose of this Act is—
(a) to control professional boxing and professional combat sports; and
(b) to reduce the risk of malpractice; and
(c) to promote safety; and
(d) to uphold industry integrity by ensuring that—
(i) a licence holder is a fit and proper person to hold a licence; and
(ii) it is not contrary to the public interest for a person to hold a licence.
S. 4
repealed by No. 36/1996 s. 25.
S. 5
amended by No. 23/1994 s. 118(Sch. 1 item 44.1), substituted by No. 36/1996 s. 5.
5 Definitions
In this Act—
adult means a person who is 18 years of age or older;
S. 5 def. of Board amended by No. 15/2001 s. 5(b).
Board means the Professional Boxing and Combat Sports Board created under section 14;
boxing means fist fighting;
S. 5
def. of Chief Commission-er inserted by No. 65/2013 s. 5(1), amended by No. 37/2014 s. 10(Sch. item 132.1(b)).
Chief Commissioner means the Chief Commissioner of Police appointed under the Victoria Police Act 2013;
S. 5 def. of combat sport inserted by No. 15/2001 s. 5(a).
combat sport means—
(a) kickboxing; or
(b) any sport or activity (other than boxing) in which each contestant in a contest or exhibition of that sport or activity is required to strike, kick, hit, grapple with, throw or punch the other contestant, and that is determined by the Minister to be a combat sport for the purposes of this Act;
S. 5 def. of Department inserted by No. 11/2008 s. 4(a), substituted by No. 65/2013 s. 5(2).
Department means the Department of Transport, Planning and Local Infrastructure;
S. 5 def. of gymnasium amended by No. 15/2001 s. 5(c).
gymnasium means any premises at or in which professional contestants train or receive instruction in boxing or in a combat sport;
judge means a person who determines the points scored by each contestant in a professional contest;
S. 5 def. of licensing authority amended by No. 11/2008 s. 4(b).
licensing authority means a person or body in another State or Territory who is recognised by the Board as exercising a power equivalent to the power given to the Board by this Act to license or register a person;
S. 5 def. of martial art repealed by No. 15/2001 s. 5(d).
match-maker means a person who acts on behalf of a promoter to arrange professional contests between particular professional contestants;
S. 5 def. of medical practitioner amended by No. 97/2005 s. 182(Sch. 4 item 41), substituted by No. 13/2010 s. 51(Sch. item 43).
medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);
S. 5 def. of police officer inserted by No. 37/2014 s. 10(Sch. item 132.1(a)).
police officer has the same meaning as in the Victoria Police Act 2013;
S. 5 def. of professional boxing contest amended by No. 15/2001 s. 5(e).
professional boxing contest means any contest or exhibition of boxing (including an exhibition of sparring)—
(a) that is conducted for profit; or
(b) in which the contestants participate for a monetary reward; or
(c) to which the public is admitted on the payment of a fee for admission, except if the fee is charged—
(i) for a public charitable purpose; or
(ii) for an event that is organised by, or under the control of, an amateur boxing association recognised by the Minister under section 5A;
S. 5 def. of professional combat sport contest inserted by No. 15/2001 s. 5(a).
professional combat sport contest means any contest or exhibition of a combat sport—
(a) that is conducted for profit; or
(b) in which the contestants participate for a monetary reward; or
(c) to which the public is admitted on the payment of a fee for admission, except if the fee is charged—
(i) for a public charitable purpose; or
(ii) for the purposes of the administration of an amateur combat sport association recognised by the Minister under section 5A;
S. 5 def. of professional contest amended by No. 15/2001 s. 5(c).
professional contest means any professional boxing contest or professional combat sport contest;
S. 5 def. of professional martial art contest repealed by No. 15/2001 s. 5(f).
S. 5 def. of professional contestant amended by No. 15/2001 s. 5(c).
professional contestant means—
(a) a boxer who boxes in any professional boxing contest; or
(b) a person who competes in a professional combat sport contest;
S. 5
def. of prohibited person inserted by No. 65/2013 s. 5(1), amended by No. 79/2014 s. 65.
prohibited person means a person—
(a) who has been convicted of an indictable offence for which the person is sentenced to a term of imprisonment of 10 years or more; or
(b) in respect of whom a control order applies and is in effect under Division 2 of Part 3 of the Criminal Organisations Control Act 2012; or
(c) who is a member of an organisation in respect of which a control order applies and that is in effect under Division 2 of Part 3 of the Criminal Organisations Control Act 2012; or
(d) who is subject to an exclusion order under section 74 of the Casino Control Act 1991; or
(e) who is subject to an exclusion order under section 33 of the Racing Act 1958; or
(f) who has been convicted of an offence against a law of the Commonwealth or another State or a Territory and given a sentence of a kind corresponding to that specified in paragraph (a); or
(g) who is subject to an order in another State or Territory corresponding to an order specified in paragraph (b), (c), (d) or (e);
promoter means any person who promotes a professional contest;
promotion means an event consisting of one or more professional contests and includes any preliminary arrangements in connection with such an event;
S. 5
def. of protected information inserted by No. 65/2013 s. 5(1), amended by No. 37/2014 s. 10(Sch. item 132.1(c)).
protected information means any intelligence information, document or thing the production or inspection of which—
(a) is likely to—
(i) reveal the identity of the police officer who provided information on the basis of which a decision of the Board not to issue or renew a licence, or to cancel a licence was made, or put that police officer's safety at risk; or
(ii) reveal the identity of a person who has provided a police officer with information on the basis of which a decision of the Board not to issue or renew a licence, or to cancel a licence was made, or put that person's safety at risk; or
(iii) reveal the identity of a person whose name appears in any evidence given or information provided to a police officer relating to an investigation, or put that person's safety at risk; or
(iv) reveal the identity of a person who is or has been the subject of an investigation by a police officer, or put that person's safety at risk; or
(b) places at risk an ongoing investigation by a member of the police force; or
(c) risks the disclosure of any investigative method used by police officers; or
(d) is otherwise not in the public interest;
referee means a person who controls, or exercises any form of control, over the conduct of professional contestants during a professional contest;
S. 5 def. of timekeeper inserted by No. 11/2008 s. 4(a).
timekeeper means a person who regulates the number and length of rounds, and the interval between rounds, of a professional contest;
trainer means a person who supervises the training or instruction of a professional contestant or who accompanies a professional contestant into the ring or on to the contest arena to give advice or assistance during a professional contest.
S. 5A
inserted by No. 15/2001 s. 6.
5A Recognition of amateur associations
(1) The Minister may, by notice in writing—
(a) for the purposes of paragraph (c)(ii) in the definition of professional boxing contest, recognise an amateur boxing association;
(b) for the purposes of paragraph (c)(ii) in the definition of professional combat sport contest, recognise an amateur combat sport association.
(2) The Minister must not recognise an association under subsection (1) unless the Board has advised the Minister that the association is suitable for recognition.
(3) The Minister may withdraw the recognition of an association for the relevant purpose described in subsection (1) by notice in writing published in the same way that the notice granting the association recognition was published.
Pt 2 (Heading) amended by No. 11/2008 s. 5.
Part II—Professional contests
Division 1—Licences and permits
S. 6 amended
by Nos 36/1996 s. 6, 11/2008 s. 6, substituted by No. 65/2013 s. 6.
6 Board may license persons involved in professional contests
(1) Any adult may apply to the Board for a licence or for the renewal of a licence to act as a promoter, trainer, match-maker, referee, judge or timekeeper.
(2) An application must—
(a) be in the relevant prescribed form; and
(b) be accompanied by—
(i) the prescribed fee (if any); and
(ii) a prescribed certificate or other prescribed document specifying any criminal history of the applicant; and
(iii) any other prescribed documents; and
(c) specify—
(i) the nature and extent of the applicant's experience; and
(ii) any other prescribed information.
(3) Subject to subsections (5) and (6), the Board may issue a licence to act as a promoter, trainer, match-maker, referee, judge or timekeeper to an applicant if the Board is satisfied that—
(a) the applicant is a fit and proper person to hold a licence; and
(b) it is not contrary to the public interest to issue the licence; and
(c) any prescribed prerequisites for the issue of a licence have been met by the applicant.
(4) Subject to subsections (5) and (6), the Board may renew the licence of any promoter, trainer, match-maker, referee, judge or timekeeper if the Board is satisfied that—
(a) the applicant is a fit and proper person to hold a licence; and
(b) it is not contrary to the public interest to renew the licence; and
(c) any prescribed prerequisites for the renewal of a licence have been met by the applicant.
(5) The Board must not issue a licence to act as a promoter, trainer, match-maker, referee, judge or timekeeper, or renew the licence of any promoter, trainer, match-maker, referee, judge or timekeeper if the Board becomes aware or is advised under section 6A(3)(a) that the applicant is a prohibited person.
(6) In making a decision under subsection (3) or (4), the Board must—
(a) give special consideration to any advice received under section 6A(3)(b) or (c); and
(b) have regard to any other information available to the Board that may be relevant to an application made under this section; and
(c) consider any prescribed matters for the purposes of determining whether—
(i) a person is a fit and proper person; and
(ii) it would be contrary to the public interest to issue or renew the licence.
S. 6A inserted by No. 65/2013 s. 6.
6A Licence applications to be forwarded to Chief Commissioner
(1) On receiving an application under section 6, the Board must give a copy of that application to the Chief Commissioner.
(2) Within 28 days of receiving a copy of an application under subsection (1), the Chief Commissioner must give to the Board a written response in accordance with subsection (3).
(3) The Chief Commissioner must advise the Board (as appropriate)—
(a) if the person who made the application is a prohibited person and specify the circumstances that make the person a prohibited person; or
(b) if the Chief Commissioner is of the view that the person who made the application is not a fit and proper person for the purposes of issuing a licence under section 6 and give reasons for that view; or
(c) if the Chief Commissioner is of the view that it would not be in the public interest to issue a licence to the person who made the application under section 6 and give reasons for that view; or
(d) if the Chief Commissioner has not identified any information that should be considered by the Board before the Board makes a decision under section 6; or
(e) if the Chief Commissioner will not be giving the Board any information in relation to the application.
S. 6A(4) amended by No. 28/2024 s. 32(1).
(4) The Chief Commissioner may rely on any information, including protected information, the Chief Commissioner considers relevant for the purposes of providing advice to the Board under this section.
S. 6A(5) amended by No. 28/2024 s. 32(2)(a).
(5) For the purposes of giving reasons for advice under subsection (3)(b) or (c), the Chief Commissioner may decide, if the advice is wholly or partly based on protected information—
S. 6A(5)(a) amended by No. 28/2024 s. 32(2)(b).
(a) to include the protected information in the written response given to the Board and specify in that response which information is protected information; or
(b) not to include the protected information in the written response given to the Board and specify in that response that—
(i) some or all of the Chief Commissioner's advice is based on protected information; and
(ii) to the extent that the advice is based on protected information, reasons will not be given to the Board.
S. 6B inserted by No. 65/2013 s. 6.
6B Board may request further information in support of application for a licence
(1) Before making a decision under section 6(3) or (4), the Board may request an applicant to provide further information for the purposes of assisting the Board to determine whether, for the purposes of issuing or renewing a licence under section 6—
(a) the applicant is a fit and proper person; and
(b) it would be contrary to the public interest to issue or renew the licence.
(2) A request under subsection (1) must—
(a) be in writing; and
(b) specify—
(i) that further information is sought by the Board for the purposes of assisting the Board to determine the application made under section 6; and
(ii) the type of further information sought by the Board; and
(iii) that the information may be used to assist the Board in determining whether—
(A) the applicant is a fit and proper person to hold a licence; and
(B) it is not contrary to the public interest to issue or renew the licence; and
(iv) that the applicant must give the Board the requested information within 28 days of receipt of the request by the applicant or other period as specified in the request.
(3) If information requested under subsection (1) is not given to the Board within the period specified under subsection (2)(b)(iv), the application made under section 6 expires.
(4) If the application of a person expires under subsection (3), the applicant may make a fresh application for the licence or renewal of the licence under section 6 at any time after that expiration.
S. 6C inserted by No. 65/2013 s. 6.
6C Board to give reasons for not issuing a licence
(1) If the Board decides not to issue or renew a licence to a person under section 6, the Board must, as soon as practicable, give written notice to the person—
(a) of the decision of the Board; and
(b) subject to subsection (2), the reasons for that decision.
(2) The Board must, in giving reasons to a person under subsection (1)—
(a) not disclose any protected information; and
(b) if the Board's reasons are partially or wholly based on protected information, specify in the written notice given under subsection (1) that some or all of the Board's reasons are based on advice from the Chief Commissioner.
S. 6D inserted by No. 65/2013 s. 6.
6D Ban on re-applying for issue or renewal of licence
(1) A person must not apply for the issue or renewal of a licence for a period of 12 months, or such further period as is determined by the Board, if the Board has refused to issue or renew the licence because the Board—
(a) is not satisfied that the person is a fit and proper person to hold a licence; or
(b) is satisfied that it is contrary to the public interest to issue or renew the licence.
(2) If the Board has refused to issue or renew a licence to a person because the person is a prohibited person the person must not apply for the issue or renewal of a licence until the person ceases to be a prohibited person.
S. 7 (Heading) inserted by No. 11/2008 s. 7(1).
7 Board may issue permit to conduct promotion
S. 7(1) amended by No. 11/2008 s. 7(2).
(1) A licensed promoter may apply to the Board in the prescribed form for a permit to conduct a particular promotion.
S. 7(2) amended by Nos 36/1996 s. 7(1), 11/2008 s. 7(2).
(2) The Board may issue a permit to conduct the promotion on payment of the prescribed fee and if satisfied that the prescribed pre-requisites have been satisfied for the issue of the permit.
S. 7(3) substituted by No. 36/1996 s. 7(2).
(3) A person must not conduct a promotion unless the person holds a permit issued under this section in relation to the promotion.
120 penalty units or imprisonment for 12 months or both.
S. 8 (Heading) inserted by No. 65/2013 s. 7(1).
S. 8 substituted by No. 36/1996 s. 8.
8 Promoters, trainers, match-makers, referees, judges and timekeepers must hold a licence
S. 8(1) amended by No. 65/2013 s. 7(2).
(1) A person must not act as a promoter, trainer, match-maker, referee, judge or timekeeper unless the person holds the appropriate licence issued under section 6.
120 penalty units or imprisonment for 12 months or both.
(2) However, the following people do not need to hold a licence—
S. 8(2)(a) amended by No. 15/2001 s. 7(a).
(a) a person resident outside the Commonwealth who is nominated by a boxing body or combat sport body outside the Commonwealth to act as a referee or judge for a professional contest in Victoria;
(b) a trainer accompanying a licensed or registered professional contestant who resides outside the Commonwealth and who is in Victoria to compete in a professional contest;
S. 8(2)(c) amended by No. 65/2013 s. 7(3).
(c) an adult who is licensed or registered as a trainer, match-maker, referee, judge or timekeeper in respect of professional contests in another State or Territory by a licensing authority.
S. 8(3) amended by No. 11/2008 s. 8.
(3) Subsection (2) does not apply to a person who has been given a written notice by the Board stating that subsection (2) does not apply to the person.
9 Licences and permits
S. 9(1) amended by No. 36/1996 s. 9(1).
(1) A licence remains in force for 3 years and may be renewed.
S. 9(2) amended by No. 11/2008 s. 9(1).
(2) A licence or permit may be subject to any conditions which the Board determines.
S. 9(2A) inserted by No. 11/2008 s. 9(2), repealed by No. 65/2013 s. 8.
(3) The conditions may be varied or revoked at any time.
S. 9(4) substituted by No. 11/2008 s. 9(3).
(4) If the Board varies or revokes a condition to which a licence or permit is subject, the Board must, as soon as is practicable, give written notice of the variation or revocation to the holder of the licence or permit.
S. 9(5) substituted by No. 11/2008 s. 9(3).
(5) The written notice must specify the grounds for the variation or revocation.
S. 9(6) repealed by No. 36/1996 s. 9(2), new s. 9(6) inserted by No. 11/2008 s. 9(3).
(6) The holder of a licence or permit under this Act must comply with any conditions that apply to the licence or permit.
S. 9AA inserted by No. 65/2013 s. 9.
9AA Licence of person must be cancelled if person is a prohibited person
(1) The Board must immediately cancel any licence issued or renewed under section 6 if the Board becomes aware that the holder of the licence is a prohibited person.
(2) If the Board cancels a licence under subsection (1), the Board must give the person who held the licence written advice of the cancellation as soon as practicable after that cancellation.
(3) Sections 9AB, 9AC and 9A do not apply to a prohibited person.
S. 9AB inserted by No. 65/2013 s. 9.
9AB Inquiry may be held to determine whether licensee continues to meet probity requirements
(1) The Board may hold an inquiry for the purposes of determining the continued suitability of a person to hold a licence issued under section 6 if—
(a) the Chief Commissioner advises the Board that the Chief Commissioner is of the view that—
(i) the person is not a fit and proper person to hold a licence; or
(ii) it is no longer in the public interest for the person to hold a licence; or
(b) the Board has reasonable grounds to believe that—
(i) the person is not a fit and proper person to hold a licence; or
(ii) it is no longer in the public interest for the person to hold a licence.
(2) In giving advice under subsection (1)(a)—
S. 9AB(2)(a) amended by No. 28/2024 s. 33(1)(a).
(a) the Chief Commissioner may rely on any information, including protected information, the Chief Commissioner considers relevant; and
(b) if the Chief Commissioner's view is wholly or partly based on protected information, the Chief Commissioner may—
S. 9AB(2)(b)(i) amended by No. 28/2024 s. 33(1)(b).
(i) advise the Board that because the Chief Commissioner's view is wholly or partly based on protected information, the Chief Commissioner will not give the Board reasons for the Chief Commissioner's view to the extent that those reasons are based on that information; or
S. 9AB(2)(b)(ii) amended by No. 28/2024 s. 33(1)(c).
(ii) give the Board the protected information as part of the reasons for the advice and specify which information is protected information.
(3) If the Board decides to hold an inquiry under subsection (1), the Board may suspend the licence of the person in respect of whom the inquiry is being held until the conclusion of the inquiry.
(4) Before conducting an inquiry under subsection (1), the Board must give the holder of the licence written notice specifying—
(a) that an inquiry is to be held to determine the person's suitability to hold a licence because the Board has received advice or has reasonable grounds to believe that the person is not a fit and proper person to hold a licence or it is no longer in the public interest for the person to hold a licence (as the case may be); and
(b) the date and time of the inquiry and the venue at which the inquiry will be held; and
(c) if the person's licence has been suspended under subsection (3), that the person's licence has been suspended and that it will remain suspended until the inquiry is completed; and
S. 9AB(4)(d) amended by No. 28/2024 s. 33(2).
(d) that the person may make an oral or written submission to the Board in relation to that person's suitability to hold a licence at the inquiry.
(5) For the purposes of conducting an inquiry under this section the Board must be constituted by more than half of its current members.
(6) In conducting an inquiry under this section, the Board—
(a) may consider all relevant information it has been given; and
(b) may receive written or oral submissions from the person in respect of whom the inquiry is being held and any other person who has information relevant to the inquiry; and
(c) is bound by the rules of natural justice; and
(d) may otherwise regulate its own procedure.
S. 9AC inserted by No. 65/2013 s. 9.
9AC Decision of Board following inquiry under section 9AB
(1) At the conclusion of an inquiry under section 9AB, the Board may decide to—
(a) vary the conditions on the licence, or add new conditions to the licence; or
(b) suspend the licence for any period the Board considers appropriate; or
(c) cancel the licence; or
(d) continue to allow the person to hold the licence on the same terms and subject to any conditions on which the licence was held before the person received notice of the inquiry.
(2) The Board must advise the holder of the licence, orally or in writing, if under subsection (1)—
(a) the Board varies, or adds to, the conditions of a licence; or
(b) the Board suspends or cancels a licence.
(3) If the Board gives the holder of a licence oral notice under subsection (2), the Board must, as soon as is practicable, give written notice of—
(a) the variation of, or addition to, the conditions of the licence; or
(b) the suspension or cancellation of the licence.
(4) Subject to subsection (5), the written notice must specify the reasons for—
(a) the variation of, or addition to, the conditions of a licence; or
(b) the suspension or cancellation of a licence.
(5) The Board must, in giving reasons to a person in a written notice under subsection (4)—
(a) not disclose any protected information; and
(b) if the Board's reasons are partially or wholly based on protected information, specify that some or all of the Board's reasons are based on advice from the Chief Commissioner.
S. 9AD inserted by No. 65/2013 s. 9.
9AD Ban on re-applying for issue of licence following cancellation
(1) A person must not apply for the issue of a new licence for a period of 12 months, or such further period as is determined by the Board, if the Board has cancelled the licence of the person because the Board—
(a) is not satisfied that the person is a fit and proper person to hold the licence; or
(b) is satisfied that it is contrary to the public interest for the person to hold the licence.
(2) If the Board has cancelled a licence of a person because the person is a prohibited person the person cannot apply for the issue of a new licence until the person ceases to be a prohibited person.
S. 9A (Heading) amended by No. 65/2013 s. 10.
S. 9A
inserted by No. 36/1996 s. 10, substituted by No. 11/2008 s. 10.
9A Other circumstances that may result in variation, suspension or cancellation of licence or permit
(1) This section applies if a person who holds a licence or permit—
(a) is convicted of an offence against this Act or contravenes any provision of this Act or the regulations; or
(b) contravenes a provision of a law of another State or a Territory that corresponds with a provision of this Act or the regulations; or
(c) does, or omits to do, an act in another State or a Territory that would contravene this Act or the regulations; or
(d) contravenes a condition of the licence or permit.
(2) The Board may—
(a) vary the conditions on which the licence or permit was issued; or
(b) suspend the licence or permit for any period the Board considers appropriate; or
(c) cancel the licence or permit.
(3) If the Board cancels a person's licence or permit under subsection (2), the Board must disqualify the person from obtaining a further licence or permit for any period the Board considers appropriate.
(4) If the Board varies the conditions of, or suspends or cancels, a licence or permit under this section, the Board must advise the holder of the licence or permit of the variation, suspension or cancellation orally or in writing.
(5) If the Board gives the holder of a licence or permit oral notice under subsection (4), the Board must, as soon as is practicable, give written notice of the variation, suspension or cancellation.
(6) The written notice must specify the grounds for the variation, suspension or cancellation.
Division 2—Registration
S. 10 substituted by No. 36/1996 s. 11.
10 Person must not compete in a professional contest unless registered
S. 10(1) amended by No. 28/2024 s. 34.
(1) A person must not compete in a professional contest unless the person is currently registered to compete in professional contests of that nature as a professional contestant.
120 penalty units or imprisonment for 12 months or both.
(2) However, an adult who is registered or licensed as a professional contestant in another State or Territory by a licensing authority is not required to be registered under this Act.
S. 10(3) amended by No. 11/2008 s. 11.
(3) Subsection (2) does not apply to a person who has been given a written notice by the Board stating that subsection (2) does not apply to the person.
S. 10A inserted by No. 36/1996 s. 11.
10A Application for registration as a professional contestant
S. 10A(1) amended by Nos 11/2008 s. 12(1), 28/2024 s. 35.
(1) A person may apply to the Board to be registered as a professional contestant or to have the person's registration renewed.
(2) An application—
(a) must be in the form set out in the regulations; and
S. 10A(2)(b) repealed by No. 15/2001 s. 8(1).
(c) must be accompanied by the fee required by the regulations; and
S. 10A(2)(d) amended by No. 15/2001 s. 8(2).
(d) must be accompanied by a certificate of fitness for participation in professional contests signed by a medical practitioner and given within 14 days before the application is submitted.
S. 10A(3) amended by No. 11/2008 s. 12(1)(2).
(3) The Board must register, or renew the registration of, a person as a professional contestant if the person is an adult and complies with subsection (2) and satisfies any relevant prerequisites required by this Act or the regulations.
S. 10A(3A) inserted by No. 11/2008 s. 12(3).
(3A) The registration of a person as a professional contestant may be subject to any conditions that the Board determines.
S. 10A(3B) inserted by No. 11/2008 s. 12(3).
(3B) The conditions may be varied or revoked by the Board at any time.
S. 10A(3C) inserted by No. 11/2008 s. 12(3).
(3C) If the Board varies or revokes a condition to which a person's registration is subject, the Board must, as soon as is practicable, give written notice of the variation or revocation to the person.
S. 10A(3D) inserted by No. 11/2008 s. 12(3).
(3D) The written notice must specify the grounds for the variation or revocation.
(4) Registration remains in force for 3 years and may be renewed.
S. 10B inserted by No. 36/1996 s. 11, substituted by No. 11/2008 s. 13.
10B Cancellation or suspension of registration
(1) This section applies if—
(a) the Board is notified under section 12 that a registered professional contestant is unfit to engage in professional contests generally; or
(b) the Board considers, having regard to the level of professional skills of a registered professional contestant, that it is not in the interests of the health or safety of the contestant to engage in professional contests; or
(c) a registered professional contestant—
(i) is convicted of an offence against this Act or contravenes any provision of this Act or the regulations; or
Example
Failure to present for a medical examination before or after a professional contest as required by section 12.
(ii) contravenes any provision of a law of another State or Territory that corresponds with a provision of this Act or the regulations; or
(iii) contravenes any conditions imposed on the contestant's registration under this Act.
(2) The Board—
(a) must cancel or suspend the contestant's registration if subsection (1)(a) or (1)(b) applies; and
(b) may cancel or suspend the contestant's registration if subsection (1)(c)(i), (ii) or (iii) applies.
(3) If the Board cancels a contestant's registration under subsection (2), the Board must disqualify the person from being re‑registered as a professional contestant for any period the Board considers appropriate.
(4) If the Board suspends a contestant's registration under subsection (2), the registration is suspended—
S. 10B(4)(a) amended by No. 28/2024 s. 36(1).
(a) if the suspension is because the contestant is unfit under subsection (1)(a), until the contestant is able to satisfy the Board that the contestant is fit to engage in professional contests under section 10C; or
S. 10B(4)(b) amended by No. 28/2024 s. 36(1).
(b) if the suspension is because the contestant lacks the required level of professional skills under subsection (1)(b), until the contestant is able to satisfy the Board that the contestant has the level of professional skills required to engage in professional contests; or
(c) if the suspension is because subsection (1)(c)(i), (ii) or (iii) applies to the contestant, for a period the Board considers appropriate.
(5) In considering the level of a contestant's professional skills, the Board must have regard to—
(a) the contestant's defensive skills, including evasive skills and speed of reaction; and
(b) the contestant's mobility and ring generalship; and
(c) the contestant's strategic and tactical awareness; and
(d) the contestant's endurance and stamina; and
S. 10B(5)(e) amended by No. 28/2024 s. 36(2).
(e) any other factor the Board considers relevant to the contestant's ability to defend the contestant in professional contests.
(6) If the Board suspends or cancels a contestant's registration under this section, the Board must advise the contestant of the suspension or cancellation orally or in writing.
(7) If the Board gives a contestant oral notice under subsection (6), the Board must, as soon as is practicable, give the contestant written notice of the suspension or cancellation.
(8) The written notice must specify the grounds for the suspension or cancellation.
S. 10C (Heading) inserted by No. 11/2008 s. 14(1).
S. 10C inserted by No. 36/1996 s. 11, amended by Nos 15/2001 s. 8(2), 11/2008 s. 14(2)(3).
10C Restriction on re-registration of previously unfit professional contestant
If a person's registration as a professional contestant has been cancelled or suspended under section 10B(2) on the grounds referred to in section 10B(1)(a), the Board must not re-register, or remove the suspension of, the person unless the person gives the Board 2 certificates of fitness for participation in professional contests signed by different medical practitioners and each given within 7 days before the application for re-registration or removal of the suspension is submitted.
Pt 2 Div. 3 (Heading and ss 11, 12) amended by Nos 23/1994 s. 118(Sch. 1 item 44.2), 36/1996 ss 12, 13, substituted as Pt 2 Div. 3 (Heading and s. 12) by No. 11/2008 s. 15.
Division 3—Medical examinations and fitness tests
S. 12 substituted by No. 11/2008 s. 15.
12 Compulsory medical examinations and fitness tests
S. 12(1) amended by No. 28/2024 s. 37.
(1) A professional contestant must present to a medical practitioner—
(a) for a medical examination—
(i) within 24 hours before, and within 24 hours after, a professional contest; and
(ii) at any other time before a professional contest as directed by the Board; and
(b) for a medical examination or a fitness test at any other time as required by the regulations.
(2) A medical practitioner who conducts a medical examination or fitness test for the purposes of this section must conduct the examination or test, and record the results, in accordance with the regulations.
120 penalty units or imprisonment for 12 months or both.
(3) If, after conducting the medical examination or fitness test, the medical practitioner finds the professional contestant is unfit to compete in a particular professional contest or professional contests generally, the medical practitioner must—
(a) declare the professional contestant to be unfit; and
(b) as soon as is practicable, give notice of the declaration to—
(i) the contestant; and
(ii) the Board; and
(iii) if the declaration is in respect of a particular professional contest, the promoter of that contest; and
(c) complete and forward to the Board a report in writing about the medical examination or fitness test.
120 penalty units or imprisonment for 12 months or both.
(4) A contestant must not compete in a professional contest if a medical practitioner has declared the contestant unfit under this section until the contestant is declared fit in accordance with this Act or the regulations.
(5) A person who is not required to be registered under this Act because the person is registered or licensed in another State or Territory must comply with this section as if the person were registered under this Act.
Division 4—Duties of promoters
13 Duties of Promoter
S. 13(1) amended by Nos 36/1996 s. 14(a), 28/2024 s. 38(1).
(1) The promoter shall ensure that in respect of every professional contest that the promotor promotes—
S. 13(1)(a) amended by Nos 36/1996 s. 14(b), 65/2013 s. 11(1)(a).
(a) the professional contestants participating have been found to be fit for engaging in that contest under section 12 and are registered as professional contestants; and
S. 13(1)(b) amended by No. 65/2013 s. 11(1)(b).
(b) all persons not being persons referred to in section 8(2) who are associated with the promotion or contest in a capacity for which a licence may be issued, hold such a licence; and
S. 13(1)(c) substituted by No. 11/2008 s. 16.
(c) the provisions of the relevant regulations are complied with; and
S. 13(1)(d) amended by Nos 74/2000 s. 3(Sch. 1 item 103.1), 65/2013 s. 11(1)(c).[1]
(d) a medical practitioner is in attendance; and
S. 13(1)(e) inserted by No. 65/2013 s. 11(1)(d).
(e) inquiries are made of any prospective employee of the promoter for the purposes of establishing if the prospective employee has ever been denied a licence or had a licence cancelled under this Act; and
S. 13(1)(f) inserted by No. 65/2013 s. 11(1)(d).
(f) inquiries are made of any person the promoter intends to enter into a business arrangement or business relationship relating to that professional contest for the purposes of establishing if the person has ever been denied a licence or had a licence cancelled under this Act.
S. 13(1A) inserted by No. 65/2013 s. 11(2), amended by No. 28/2024 s. 38(2).
(1A) A promoter must not, in respect of every professional contest that the promoter promotes—
(a) knowingly employ a person who has been denied a licence or had a licence cancelled under this Act; or
(b) knowingly enter into a business arrangement or business relationship with any person relating to the professional contest if that person has been denied a licence or had a licence cancelled under this Act.
S. 13(2) amended by No. 36/1996 s. 14(d).
(2) Any promoter who breaches any of the provisions of this section shall be guilty of an offence.
120 penalty units or imprisonment for 12 months or both.
Pt 2 Div. 4A (Heading and s. 13A) inserted by No. 11/2008 s. 17, repealed by No. 65/2013 s. 12.
Pt 2 Div. 5 (Heading and s. 14) amended by Nos 36/1996 s. 15, 74/2000 s. 3(Sch. 1 item 103.2), 15/2001 ss 7(b)-(d), 9, substituted as Pt 2 Div. 5 (Heading and ss 14–14D) by No. 11/2008 s. 18.
Division 5—Professional Boxing and Combat Sports Board
S. 14 substituted by No. 11/2008 s. 18.
14 Establishment and membership of Board
(1) There is a Professional Boxing and Combat Sports Board.
(2) The Board must have at least 5, but no more than 7, members.
(3) The Board consists of—
(a) a Chairperson; and
S. 14(3)(b) substituted by No. 37/2014 s. 10(Sch. item 132.2).
(b) a police officer; and
(c) no more than 5 people who, in the Minister's opinion, have a good knowledge of boxing, or one or more combat sports.
(4) The members of the Board are to be appointed by the Minister.
(5) A member of the Board is entitled to be paid the fees, allowances and expenses fixed by the Governor in Council.
(6) A person holds office for the period, not exceeding 3 years, specified in the instrument of appointment and is eligible for re‑appointment.
(7) The Minister may terminate the appointment of a member if the member—
S. 14(7)(a) amended by No. 28/2024 s. 39.
(a) becomes incapable of performing the member's duties; or
(b) is negligent in the performance of those duties; or
(c) engages in improper conduct; or
(d) fails to disclose a conflict of interest; or
(e) is found guilty of an offence against this Act.
S. 14A substituted by No. 11/2008 s. 18.
14A Functions, powers and duties of Board
(1) The functions of the Board are—
(a) to advise the Minister on all matters relating to professional contests; and
(b) to exercise the powers, duties and functions conferred on the Board by or under this Act; and
(c) to supervise the conduct of weigh-ins and promotions.
(2) The Board may from time to time engage persons with special experience to enable the Board to carry out its functions.
(3) The Board has all powers necessary to carry out its functions.
(4) The Minister may give the Board directions in relation to the carrying out of its functions under this Act.
(5) The Board must comply with the directions of the Minister in carrying out its functions under this Act.
S. 14B inserted by No. 11/2008 s. 18.
14B Board procedure
(1) The Board must meet at the times and places fixed by the Chairperson.
(2) The Chairperson has a deliberative and casting vote.
(3) A matter cannot be decided at a meeting of the Board unless more than half of its current members are present.
(4) The Chairperson may permit Board members to participate in a particular meeting, or all meetings, by telephone, closed circuit television or other means of communication.
(5) The Board may otherwise regulate its own procedure.
S. 14BA inserted by No. 28/2024 s. 40.
14BA Acting chairperson
(1) The Minister may appoint a member of the Board to act as chairperson during a period of vacancy if—
(a) the office of chairperson of the Board becomes vacant under section 14(6) or (7); or
(b) the chairperson of the Board is unable to perform the duties of office of chairperson because of illness or otherwise.
(2) During the period of vacancy under subsection (1), the member appointed to act as chairperson—
(a) has and may exercise all the powers and perform all the duties and functions of the office of chairperson; and
(b) retains their position as a member of the Board but is not to exercise the functions and powers of a member (other than as acting chairperson) for the period of the appointment as acting chairperson.
(3) For the avoidance of doubt, the appointment of a member as acting chairperson does not constitute a vacancy in the office of member under section 14(6) or a termination of appointment under section 14(7).
(4) The acting chairperson is entitled to any fees, allowances and other expenses as determined by the Minister, but is not entitled to receive the fees, allowances and other expenses of a member (other than as the acting chairperson) during the period of the appointment as acting chairperson.
Note
See section 14.
(5) The Minister's determination of fees, allowances and other expenses under subsection (4) must be the same amount as those fixed by the Governor in Council under section 14(5).
S. 14BB inserted by No. 28/2024 s. 40.
14BB Acting member
(1) If a member of the Board is unable to perform the duties or functions of the member's office, the Minister may appoint a person to act in that office of member during the period of inability.
(2) The Minister—
(a) subject to this Act, may determine the terms and conditions of the appointment of the acting member; and
(b) may fix remuneration in respect of an acting member; and
(c) may terminate the appointment at any time.
(3) While the appointment of an acting member remains in force, the acting member has, and may exercise, all the powers and perform all the duties and functions of the office of member in which that person is acting.
(4) The Minister's determination of remuneration under subsection (2)(b) must be the same amount as that fixed by the Governor in Council under section 14(5).
S. 14C inserted by No. 11/2008 s. 18.
14C Delegation
S. 14C(1) substituted by No. 65/2013 s. 13(1).
(1) The Board may, by a written instrument, delegate—
(a) to a member of the Board any of the Board's powers, duties or functions other than—
(i) a function under section 9AB or 9AC; and
(ii) this power of delegation;
(b) to an employee of the Department the power to determine applications for registration (or renewal of registration) as a professional contestant under section 10A.
(2) For the purposes of subsection (1)(a)—
(a) a power delegated to a Board member to determine applications for registration (or renewal of registration) as a professional contestant under section 10A may be exercised by that member acting alone; and
S. 14C(2)(b) amended by No. 65/2013 s. 13(2).
(b) a power delegated to a Board member to determine applications for a licence (or renewal of a licence) to act as a trainer, match-maker, referee, judge or timekeeper under section 6 may be exercised only with the agreement of at least one other Board member; and
(c) any other power, duty or function delegated to a Board member may be exercised only with the agreement of at least 2 other Board members.
S. 14C(3) substituted by No. 65/2013 s. 13(3).
(3) For the purposes of subsection (1)(b), a power delegated to an employee of the Department to determine applications for registration (or renewal of registration) of a contestant may be exercised only with the agreement of at least one member of the Board.
(4) A delegate who makes a decision under a delegation must give the Board written notice of the decision as soon as is practicable after the decision is made.
(5) A notice under subsection (4) must, if the delegate was required to exercise the power, duty or function with the agreement of one or more Board members, specify the Board members or delegates who agreed to the exercise of the power, duty or function.
S. 14D inserted by No. 11/2008 s. 18.
14D Immunity
(1) A member of the Board is not personally liable for anything done or omitted to be done in good faith—
(a) in the exercise of a power or the discharge of a duty under this Act; or
(b) in the reasonable belief that the act or omission was in the exercise of a power or the discharge of a duty under this Act.
(2) Any liability resulting from an act or omission that would but for subsection (1) attach to a member of the Board attaches instead to the State.
S. 14E inserted by No. 65/2013 s. 14, amended by No. 28/2024 s. 41.
14E Disclosure of information
A member of the Board or an employee of the Department assisting the Board in performing its functions or exercising its powers, must not disclose to any person any information the member or employee (as the case requires) has received in the performance of functions or exercise of powers under sections 6 to 6D and 9AA to 9AD unless the disclosure is in accordance with and for the purposes of this Act.
Penalty: 30 penalty units.
Part 2 Div. 6 (Heading and s. 14F) inserted by No. 65/2013 s. 15.
Division 6—Disclosure of information by Chief Commissioner
S. 14F inserted by No. 65/2013 s. 15, amended by No. 28/2024 s. 42.
14F Disclosure of information by Chief Commissioner
The Chief Commissioner may disclose to the Board or any employee of the Department assisting the Board to perform its functions or exercise its powers any information the Chief Commissioner holds that is relevant to the suitability of a person to hold a licence under this Part.
Part 3 (Heading) substituted by No. 65/2013 s. 16.
Part III—Delegations
15 Minister may delegate
S. 15(1) amended by Nos 36/1996 s. 16(1), 46/1998
s. 7(Sch. 1), 15/2001 s. 10, 28/2007 s. 3(Sch. item 54), 11/2008 s. 19(1).
(1) The Minister may by a written instrument delegate to the Board, a member of the Board or an employee of the Department any power, duty or function of the Minister under this Act other than this power of delegation.
S. 15(2)–(6) repealed by No. 11/2008 s. 19(2).
(7) A power, duty or function of the Minister which is purported to be exercised or performed by a delegate without complying with the instrument of delegation shall not be subsequently ratified or validated by the Minister.
(8) An appeal lies to the Minister against a decision of the Board—
S. 15(8)(a)(b) repealed by No. 65/2013 s. 17(1).
(c) refusing to issue a permit for a promotion;
(d) cancelling a permit for a promotion;
S. 15(8)(e) amended by No. 65/2013 s. 17(2).
(e) determining, varying or revoking a condition of a promoter's permit for a promotion; or
S. 15(8)(f) amended by No. 65/2013 s. 17(2).
(f) disqualifying a person from obtaining a further promoter's permit for a promotion.
S. 15(9) repealed by No. 36/1996 s. 16(2).
S. 15A inserted by No. 65/2013 s. 18, amended by No. 37/2014 s. 10(Sch. item 132.3).
15A Delegation by Chief Commissioner
The Chief Commissioner may by a written instrument delegate to a police officer, of or above the rank of inspector, any power, duty or function of the Chief Commissioner under this Act other than this power of delegation.
Pt 4 (Heading) amended by No. 11/2008 s. 20.
Part IV—Review of decisions of Board
S. 16AA inserted by No. 65/2013 s. 19.
16AA Definition
In this Part—
probity requirements mean the following requirements to be met by a person for that person to hold a licence—
(a) that the person is a fit and proper person to hold a licence;
(b) that it is not contrary to the public interest for the person to hold a licence.
S. 16 (Heading) inserted by No. 65/2013 s. 20(1).
S. 16 amended by No. 36/1996 s. 17(a)–(c), substituted by No. 52/1998
s. 311(Sch. 1 item 77).
16 Review by VCAT
S. 16(1) amended by Nos 11/2008 s. 21, 65/2013 s. 20(2)(a)(c).
(1) A person whose interests are affected by a decision of the Board—
(a) refusing to issue or renew a licence; or
(b) determining a condition of a licence or varying or revoking a condition; or
(c) cancelling or suspending a licence; or
(d) disqualifying a person from obtaining a further licence; or
S. 16(1)(da) inserted by No. 65/2013 s. 20(2)(b).
(da) banning a person from re-applying for the issue or renewal of a licence for a period greater than 12 months; or
(e) refusing to register a person as a professional contestant or to renew a registration; or
(f) cancelling or suspending the registration of a registered professional contestant—
may apply to the VCAT for review of the decision.
(2) An application for review must be made within 28 days after the later of—
(a) the day on which the decision is made;
(b) if, under the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.
S. 16(3) inserted by No. 65/2013 s. 20(3).
(3) Subsection (1) does not apply to a person whose interests are affected by a decision of the Board as specified in that subsection if the person is a prohibited person.
New s. 17 inserted by No. 65/2013 s. 21.
17 VCAT must ask the Board about protected information on receiving certain applications for review
(1) If VCAT receives an application for review under section 16(1)(a), (b), (c), (d) or (da), VCAT must ask the Board whether the grounds for the decision of the Board that is the subject of review were wholly or partly based on any advice provided by the Chief Commissioner.
(2) If, in response to a request under subsection (1), the Board informs VCAT in writing that the decision was wholly or partly based on advice provided by the Chief Commissioner, VCAT must ask the Chief Commissioner if the advice provided to the Board—
(a) was based on any protected information; and
(b) whether any protected information was given to the Board.
S. 17A inserted by No. 65/2013 s. 21.
17A Appointment of special counsel if review involves protected information
(1) If, in response to a request under section 17(2), the Chief Commissioner informs VCAT in writing that the advice was wholly or partly based on protected information and that protected information was given to the Board as part of the Chief Commissioner's advice to the Board, VCAT must appoint a special counsel to represent the interests of the applicant.
(2) If, in response to a request under section 17(2), the Chief Commissioner informs VCAT in writing that the advice was wholly or partly based on protected information but that the protected information was not given to the Board as part of the Chief Commissioner's advice to the Board, VCAT must appoint—
(a) a special counsel to the Board; and
(b) a special counsel to the applicant—
to represent the interests of each party.
(3) A special counsel must be a barrister within the meaning of the Legal Profession Act 2004 who, in the opinion of VCAT, has the appropriate skills and ability to represent the interests of a party at the hearing.
S. 17A(4) amended by No. 28/2024 s. 43(1).
(4) At any time before the special counsel attends the hearing or obtains any confidential affidavit in relation to the application, the special counsel may communicate with the party whose interests the special counsel is representing, or any representative of that party, for the purpose of obtaining information or instructions from the party or representative in relation to the proceeding.
(5) Subject to section 17C(3)(b), at any time after the special counsel commences to attend the hearing or obtains any confidential affidavit in relation to the application, the special counsel—
S. 17A(5)(a) amended by No. 28/2024 s. 43(2).
(a) must not take instructions from the party whose interests the special counsel is representing, or from any representative of that party; and
(b) must not communicate any other information in relation to the hearing to that party or a representative of that party without leave of VCAT, except to communicate any order made by VCAT at or in relation to the hearing.
(6) A special counsel may be required to sign a confidentiality undertaking to VCAT.
S. 17B inserted by No. 65/2013 s. 21.
17B Hearing where protected information involved
(1) If, in response to a request under section 17(2), the Chief Commissioner informs VCAT in writing that the advice provided to the Board, that wholly or partly formed the basis of the Board's decision, was protected information—
(a) the Chief Commissioner must be joined as a party to the proceeding; and
(b) VCAT must at the hearing of the application first determine whether or not the information is protected information.
(2) For the purposes of making a determination under subsection (1)(b), VCAT may determine that a hearing or any part of it be held in private.
(3) The following provisions apply to a closed session under subsection (2)—
(a) if—
(i) section 17A(1) applies, only the Chief Commissioner, the Board and the special counsel are entitled to be present;
(ii) section 17A(2) applies, only the Chief Commissioner and the special counsels are entitled to be present;
(b) each party that is entitled to be present has a right to make submissions as to whether evidence supporting the grounds for the decision in respect of which the application is based amounts to protected information.
(4) After hearing the evidence of the Chief Commissioner, special counsel and, if section 17A(1) applies, the Board under subsection (3), VCAT must decide whether or not any of the evidence adduced amounts to protected information.
(5) If VCAT decides that none of the evidence adduced under subsection (3) amounts to protected information, VCAT must admit any party to the proceeding that was excluded from the closed session and the provisions of subsection (3) cease to apply to the conduct of the hearing.
S. 17C inserted by No. 65/2013 s. 21.
17C Decision where protected information is involved
(1) Without limiting any other power of VCAT conferred by or under this or any other Act, if VCAT decides that any of the evidence adduced under section 17B(3) is protected information, the provisions of that subsection continue to apply to the hearing of the proceeding to the extent that it relates to protected information and each party that is entitled to be present has a right to make submissions as to—
(a) the weight that should be given to the evidence supporting the grounds for the decision in respect of which the application is based that amounts to protected information and any other evidence adduced; and
(b) the character of the applicant, being evidence indicating whether the applicant meets the probity requirements; and
(c) whether, in all the circumstances the licence should be issued, renewed or re-instated or the ban on applying for a licence reduced to 12 months or the condition of the licence determined, varied or revoked (as the case may be).
(2) In making a determination in a proceeding to which subsection (1) applies, VCAT must decide—
(a) what weight to give the protected information and any other evidence adduced; and
(b) whether the applicant meets the probity requirements based on the character of the applicant; and
(c) whether, in all the circumstances, the licence should be issued, renewed or re-instated or the ban on applying for a licence reduced to 12 months or the condition of the licence determined, varied or revoked (as the case may be).
(3) If VCAT decides that any of the evidence adduced under section 17B(3) forms protected information—
(a) VCAT must take all steps and precautions to prevent release of that information; and
S. 17C(3)(b) amended by No. 28/2024 s. 44.
(b) if special counsel wishes to seek further instructions from the party whose interests the special counsel is representing on one or more occasions in relation to that protected information, the special counsel may do so only by submitting written questions for the approval of VCAT after hearing any submission from the Chief Commissioner on their content.
(4) Despite section 117 of the Victorian Civil and Administrative Tribunal Act 1998, any order issued by VCAT in relation to a decision under this section must only state—
(a) whether the decision of the Board is upheld or overturned; and
(b) if the Board's decision is upheld, that the applicant has failed to meet the probity requirements for holding a licence.
(5) For the avoidance of doubt, VCAT may publish reasons for its decision to the extent that those reasons do not relate to protected information.
S. 17D inserted by No. 65/2013 s. 21.
17D Board may change its decision
At any time before a final determination has been made by VCAT on a matter to which section 17B or 17C applies—
(a) the Board may change the Board's decision and issue, renew or re-instate the licence or reduce the ban on applying for a licence to 12 months or determine that a condition of the licence not be varied or revoked or a new condition determined (as the case may be); and
(b) if the Board makes a decision as specified in paragraph (a)—
(i) the Board must advise VCAT; and
(ii) VCAT may make any orders it thinks fit in the disposition of the proceeding.
S. 17E inserted by No. 65/2013 s. 21.
17E Chief Commissioner may request Board to reconsider decision without protected information
(1) At any time before a final determination has been made by VCAT on a matter to which section 17B or 17C applies, the Chief Commissioner may request the Board to re-consider the application on which the decision that is the subject of review is based without relying on any of the advice of the Chief Commissioner that was based on protected information.
(2) If the Chief Commissioner makes a request under subsection (1)—
(a) the Chief Commissioner must advise VCAT that a request has been made to the Board under subsection (1); and
(b) VCAT*—*
(i) must remit the matter for re‑consideration by the Board in accordance with the request of the Chief Commissioner under subsection (1); and
(ii) may make any orders that VCAT thinks fit in the disposition of the proceeding.
S. 17F inserted by No. 65/2013 s. 21.
17F General provisions for hearing matters involving protected information
(1) For the purposes of a hearing to which section 17B or 17C applies, VCAT must be constituted by a presidential member.
(2) The following provisions do not apply to a proceeding for so long as section 17B or 17C applies—
(a) Subdivision 1 of Division 3 of Part 3 and section 49 of the Victorian Civil and Administrative Tribunal Act 1998;
(b) section 8 of the Administrative Law Act 1978.
(3) For the avoidance of doubt, subsection (2) does not apply to any extent that the proceedings do not involve protected information.
Part V—Offences
S. 17
repealed by No. 36/1996 s. 18(a).
S. 18 amended by No. 36/1996 s. 18(b).
18 Aiding etc. offence
A person who aids, abets, counsels or procures the commission of an offence under this Act is guilty of an offence.
120 penalty units or imprisonment for twelve months or both.
S. 19 substituted by No. 11/2008 s. 22.
19 Proceedings for offence
(1) The following persons may institute proceedings for an offence against this Act—
(a) the Minister;
(b) a person authorised in writing by the Minister;
(c) the Chairperson of the Board, or a person authorised in writing by the Chairperson of the Board.
(2) A person who institutes legal proceedings in the name of the Minister or the Chairperson of the Professional Boxing and Combat Sports Board is taken to be authorised to take those proceedings, in the absence of evidence to the contrary.
20 Certificate of Minister shall be evidence
In any proceedings for an offence against this Act a certificate signed by the Minister or any person authorized in writing by the Minister shall be evidence and, in the absence of evidence to the contrary, shall be proof of the facts stated in it.
21 Document under this Act shall be evidence
The production of a document which purports to be a copy of any document under this Act shall be evidence and, in the absence of evidence to the contrary, shall be proof of the existence of the document and of any fact contained in it.
Part VI—Regulations
22 Regulations
(1) The Governor in Council may make regulations for or with respect to—
(a) the forms of applications, notices, reports, licences, permits, certificates and other forms which may be necessary for the purposes of this Act;
S. 22(1)(b) amended by No. 23/1994 s. 118(Sch. 1 Item 44.3), repealed by No. 36/1996 s. 19(a), new s. 22(1)(b) inserted by No. 11/2008 s. 23(1), substituted by No. 65/2013 s. 22(1).
(b) the certificates or documents to accompany an application;
S. 22(1)(c) repealed by No. 36/1996 s. 19(a), new s. 22(1)(c) inserted by No. 11/2008 s. 23(1).
(c) matters relating to the conduct of promotions;
S. 22(1)(d) amended by No. 11/2008 s. 23(2).
(d) the conduct and recording of medical examinations and medical treatment and the transmission of medical certificates and information relating to such certificates;
S. 22(1)(e) repealed by No. 36/1996 s. 19(a), new s. 22(1)(e) inserted by No. 11/2008 s. 23(3).
(e) matters relating to medical tests and fitness tests carried out for the purposes of this Act, including the form, type, frequency and reporting of those tests;
S. 22(1)(f) repealed by No. 36/1996 s. 19(a), new s. 22(1)(f) inserted by No. 11/2008 s. 23(3).
(f) matters relating to persons who are competing in Victoria and who are registered or licensed in another State or Territory;
S. 22(1)(g) repealed by No. 36/1996 s. 19(a), new s. 22(1)(g) inserted by No. 11/2008 s. 23(3).
(g) matters requiring professional contestants registered in Victoria to notify the Board when they are competing outside Victoria;
S. 22(1)(h) repealed by No. 36/1996 s. 19(a), new s. 22(1)(h) inserted by No. 11/2008 s. 23(3).
(h) matters relating to the arrival of contestants in Victoria before contests and other matters relating to the participation in contests of contestants who reside outside Victoria;
(i) regulating the use, standards, facilities and inspection of gymnasiums;
S. 22(1)(j) substituted by No. 36/1996 s. 19(b).
(j) regulating the contractual relationships between trainers, promoters and professional contestants;
S. 22(1)(k) amended by Nos 36/1996 s. 19(c), 11/2008 s. 23(4).
(k) the reporting of registered professional contestants as unfit or lacking the required professional skills to compete in professional contests;
(l) fees for licences, permits and registrations;
(m) prescribing information to be included in applications;
S. 22(1)(n) amended by No. 11/2008 s. 23(5).
(n) the pre-requisites for permits, registrations and licences;
S. 22(1)(o) repealed by No. 36/1996 s. 19(a), new s. 22(1)(o) inserted by No. 65/2013 s. 22(2).
(o) prescribing matters relevant to the consideration of whether—
(i) a person is a fit and proper person to hold a licence;
(ii) it is contrary to the public interest for a person to hold a licence;
(p) appeals to the Minister under section 15(8); or
(q) any matter or thing which by this Act is authorized or required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to the provisions of this Act.
S. 22(2) substituted by No. 65/2013 s. 22(3).
(2) The regulations may—
(a) be of general or limited application; and
(b) differ according to differences in time, place or circumstances; and
(c) provide in a specified case or class of case for the exemption of persons or things or class of persons or things from any of the provisions of the regulations, whether unconditionally or on specified conditions and either wholly or to such an extent as is specified.
(3) Regulations made under this Act may impose a penalty not exceeding 20 penalty units for any contravention of any provision of the regulations.
Pt 7 (Heading and s. 23) substituted by No. 36/1996 s. 20.
Part VII—Rules
S. 23 substituted by Nos 36/1996 s. 20, 11/2008 s. 24.
23 Board may make rules
The Board may make rules for the proper conduct of professional contests.
Pt 8
(Heading and ss 24–28) inserted by No. 15/2001 s. 11.
Part VIII—Transitional and savings provisions
Pt 8 Div. 1 (Heading) inserted by No. 11/2008 s. 25.
Division 1—Provisions for Professional Boxing and Martial Arts (Amendment) Act 2001
S. 24
inserted by No. 15/2001 s. 11.
24 Change to references to Act name
Any reference to the Professional Boxing and Martial ArtsAct 1985 in any Act, subordinate instrument, agreement or other document is to be read as a reference to the Professional Boxing and Combat SportsAct 1985, unless the contrary intention appears.
S. 25
inserted by No. 15/2001 s. 11.
25 Effect of change to Board's name
For all relevant legal purposes, the Board is to be taken to be the same body as it was immediately before its name was changed by section 7(c) of the Professional Boxing and Martial Arts (Amendment) Act 2001, and no matter or thing is to be affected because of that change.
S. 26
inserted by No. 15/2001 s. 11.
26 Single registrations become dual registrations
(1) This section applies if, immediately before the Professional Boxing and Martial Arts (Amendment) Act 2001 came into operation, a person was registered under this Act to compete in professional boxing contests or in professional martial art contests.
(2) The registration of the person is to be treated as if it was a registration for the person to compete in professional contests.
S. 27
inserted by No. 15/2001 s. 11.
27 Former martial art becomes a combat sport
(1) Kyokushin Karate is to be treated as if it had been determined by the Minister to be a combat sport for the purposes of this Act under paragraph (b) of the definition of combat sport.
(2) The Minister may, by notice published in the Government Gazette, withdraw the determination that Kyokushin Karate is a combat sport for the purposes of this Act.
S. 28
inserted by No. 15/2001 s. 11.
28 Recognition of former named associations
The Victorian Amateur Boxing Association and Amateur Boxing Australia are to be treated as if they had been recognised as amateur boxing associations by the Minister under section 5A(1)(a).
Pt 8 Div. 2 (Heading and ss 29–33) inserted by No. 11/2008 s. 26.
Division 2—Provisions for Professional Boxing and Combat Sports Amendment Act 2008
S. 29 inserted by No. 11/2008 s. 26.
29 Definition
In this Division—
amending Act means the Professional Boxing and Combat Sports Amendment Act 2008.
S. 30 inserted by No. 11/2008 s. 26.
30 Existing licences, permits and registrations
(1) A licence issued by the Minister under section 6, and in force immediately before the commencement of section 6 of the amending Act, continues after the commencement of section 6 of the amending Act, subject to the same conditions, as if it had been issued by the Board.
(2) A permit issued by the Minister under section 7, and in force immediately before the commencement of section 7 of the amending Act, continues after the commencement of section 7 of the amending Act, subject to the same conditions, as if it had been issued by the Board.
(3) A written notice given to a person by the Minister under section 8(3), and in force immediately before the commencement of section 8 of the amending Act, continues after the commencement of section 8 of the amending Act as if it had been given to the person by the Board.
(4) A person registered as a professional contestant under section 10A(3) (including a person whose registration has been renewed) by the Minister, and whose registration was in force immediately before the commencement of section 12 of the amending Act, continues after the commencement of section 12 to be registered as a professional contestant, subject to the same conditions, as if the person had been registered by the Board.
(5) If, immediately before the commencement of section 10 of the amending Act, a person's licence or permit under this Act was suspended or cancelled by the Minister, the person's licence or permit continues, after the commencement of section 10, to be suspended or cancelled as if it had been suspended or cancelled by the Board.
(6) If, immediately before the commencement of section 13 of the amending Act, a person's registration as a professional contestant, was suspended or cancelled by the Minister, the person's registration continues, after the commencement of section 13, to be suspended or cancelled as if it had been suspended or cancelled by the Board.
(7) A direction given to a person by the Minister under section 12(1), and in force immediately before the commencement of section 15 of the amending Act, continues to apply to the person after the commencement of section 15 as if the direction had been given by the Board.
(8) A person whose interests are affected by a decision referred to in section 16 (other than a decision made in relation to a promoter's licence under section 15(8)) made by the Minister before the commencement of section 21 of the amending Act has, after the commencement of section 21, the same right under section 16 to apply to VCAT for a review of the decision as if the decision had been made by the Board.
(9) A person who, immediately before the commencement of section 21 of the amending Act, had a right under section 16 to apply to VCAT for a review of a decision made by the Minister under section 15(8) in relation to a promoter's licence continues, after the commencement of section 21, to have the right to apply to VCAT under section 16 for a review of the decision.
(10) Rules made by the Minister under section 23 of the Act, and in force immediately before the commencement of section 24 of the amending Act, continue after the commencement of section 24 as if the rules had been made by the Board.
S. 31 inserted by No. 11/2008 s. 26.
31 Timekeepers
(1) To avoid any doubt, section 9(2A) applies to a licence issued and in force immediately before the commencement of section 9 of the amending Act.
(2) Despite subsection (1), a promoter may engage a timekeeper whose name is not on the list kept under section 13A, for a promotion conducted after the commencement of section 9(2) of the amending Act, if the permit for the promotion was issued before that commencement.
S. 32 inserted by No. 11/2008 s. 26.
32 Existing applications
(1) If an application for a licence under section 6 has been made but not determined immediately before the commencement of section 6 of the amending Act, from the commencement of section 6 of the amending Act, the application may be decided under this Act, as amended by the amending Act, as if it had been made after that commencement.
(2) If an application for a permit under section 7 has been made but not determined immediately before the commencement of section 7 of the amending Act, from the commencement of section 7 of the amending Act, the application may be decided under this Act, as amended by the amending Act, as if it had been made after that commencement.
(3) If an application for registration as a professional contestant under section 10A(3) has been made but not decided before the commencement of section 12 of the amending Act, from the commencement of section 12, the application may be decided under this Act, as amended by the amending Act, as if it had been made after that commencement.
S. 33 inserted by No. 11/2008 s. 26.
33 Existing Board members
(1) A person who, immediately before the commencement of section 18 of the amending Act, was a Board member continues after the commencement of section 18 to be a Board member.
(2) For the purposes of subsection (1), a Board member continues to hold office on the same terms and conditions as the member held office immediately before the commencement of section 18 of the amending Act.
Pt 8 Div. 3 (Heading and ss 34–37) inserted by No. 65/2013 s. 23.
Division 3—Provisions for Professional Boxing and Combat Sports Amendment Act 2013
S. 34 inserted by No. 65/2013 s. 23.
34 Definitions
In this Division—
Amending Act means the Professional Boxing and Combat Sports Amendment Act 2013;
commencement day means the day on which the Amending Act comes into operation.
S. 35 inserted by No. 65/2013 s. 23.
35 List of persons who may act as timekeepers
(1) A person who is, immediately before the commencement day, on the list of timekeepers under section 13A as it was before its repeal by section 12 of the Amending Act, is on that day entitled to act as a timekeeper—
(a) for a period of 3 months from the commencement day; or
(b) until the person applies for a licence to act as a timekeeper under section 6 and the Board decides to issue or refuse that licence—
whichever is sooner.
(2) Despite the repeal of section 13A by section 12 of the Amending Act, a promoter may, on and after the commencement day, engage a person specified under subsection (1) to act as a timekeeper in accordance with subsection (1) without breaching the conditions of a licence to act as a promoter.
S. 36 inserted by No. 65/2013 s. 23.
36 Pending licence applications
If an application for a licence or a renewal of a licence under section 6 has been made but not determined before the commencement day, from the commencement day the application may be decided under section 6, as substituted by section 6 of the Amending Act.
S. 37 inserted by No. 65/2013 s. 23.
37 Appeal to the Minister
(1) This section applies to an appeal made to the Minister, that has not been determined by the Minister, before the commencement day—
(a) under section 15(8)(a) or (b);
(b) in respect of the Board's decision to determine, vary or revoke a condition of a promoter's licence under section 15(8)(e);
(c) in respect of a decision of the Board to disqualify a person from obtaining a further promoter's licence.
(2) On and after the commencement day, the Minister must determine an appeal to which this section applies under section 15(8) as in force immediately before that day.
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Professional Boxing and Martial Arts Act 1985 was assented to on 12 June 1985 and came into operation as follows:
Sections 1–5, 14, 22 on 23 October 1985: Government Gazette 23 October 1985 page 4120; sections 6–13, 15–21, 23 on 13 May 1986: Government Gazette 13 May 1986 page 1371.
The name of this Act was changed from the Professional Boxing Control Act 1985 to the Professional Boxing and Martial Arts Act 1985 by section 3 of the Professional Boxing and Martial Arts Act 1996, No. 36/1996.
The name of this Act was changed from the Professional Boxing and Martial Arts Act 1985 to the Professional Boxing and Combat Sports Act 1985 by section 3 of the Professional Boxing and Martial Arts (Amendment) Act 2001, No. 15/2001.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Professional Boxing and Combat Sports Act 1985 by Acts and subordinate instruments.
S. 13(1)(d): The amendment proposed by section 14(c) of the Professional Boxing and Martial Arts Act 1996, No. 36/1996 is not included in this publication because the words "an accredited medical practitioner" do not appear in section 13(1)(d). ↑