BOXING CONTROL ACT 1993 - TABLE OF PROVISIONS PART 1--PRELIMINARY 1. Name of Act 2. Dictionary 3. Notes 3A. Offences against Act--application of Criminal Code etc PART 2--CONTROL OF BOXING CONTESTS 4. Meaning of boxing contest in pt 2 5. Boxing contests 6. Application for approval 7. Further information--applications 8. Approvals 9. Cancellation of approval 10. Boxing officials 11. Professional boxers 12. Amateur boxers 13. Approval of certain bodies for s 12 13A. Female boxing contests 14. Approval for female boxing contests PART 3--CODE OF PRACTICE 15. Code of practice 16. Contents PART 4--NOTIFICATION AND REVIEW OF DECISIONS 18. Meaning of reviewable decision--pt 4 18A. Reviewable decision notices 19. Applications for review PART 5--MISCELLANEOUS 20. Determination of fees 21. Approved forms 22. Regulation-making power SCHEDULE 1 DICTIONARY ENDNOTES BOXING CONTROL ACT 1993 - LONG TITLE An Act to regulate the conduct of professional and amateur boxing, and for related purposes BOXING CONTROL ACT 1993 - SECT 1 Name of Act This Act is the Boxing Control Act 1993. BOXING CONTROL ACT 1993 - SECT 2 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain terms used in this Act. Note 2 A definition in the dictionary applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)). BOXING CONTROL ACT 1993 - SECT 3 Notes A note included in this Act is explanatory and is not part of this Act. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes. BOXING CONTROL ACT 1993 - SECT 3A Offences against Act--application of Criminal Code etc Other legislation applies in relation to offences against this Act. Note 1 Criminal Code The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1). The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg "conduct", "intention", recklessness and strict liability). Note 2 Penalty units The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units. BOXING CONTROL ACT 1993 - SECT 4 Meaning of boxing contest in pt 2 In this part, a reference (other than in this section) to a boxing contest is a reference to-- (a) a single boxing contest; or (b) 2 or more boxing contests, if the contests are conducted on the 1 occasion and at the same venue. BOXING CONTROL ACT 1993 - SECT 5 Boxing contests A person commits an offence if-- (a) the person conducts a boxing contest; and (b) an approval under section 8 is not in force for the contest. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. BOXING CONTROL ACT 1993 - SECT 6 Application for approval A person may apply to the Minister for approval to conduct a boxing contest. Note 1 If a form is approved under s 21 (Approved forms) for an application, the form must be used. Note 2 A fee may be determined under s 20 (Determination of fees) for this section. BOXING CONTROL ACT 1993 - SECT 7 Further information--applications The Minister may, by written notice, require an applicant for an approval to give the Minister, either orally or in writing, the further information relating to the application stated in the notice. BOXING CONTROL ACT 1993 - SECT 8 Approvals (1) On application under section 6, the Minister may-- (a) approve the application; or (b) approve the application subject to conditions; or (c) refuse to approve the application. (2) The Minister must refuse an application if satisfied, on reasonable grounds, that-- (a) it would not be in the public interest to hold the contest to which the application relates; or (b) the venue where it is proposed to hold the contest is unsuitable; or (c) the applicant is not or will not be able to meet any contractual obligations the applicant may have in relation to the conduct of the contest to which the application relates. (3) An approval must-- (a) be in writing; and (b) state the conditions (if any) to which it is subject; and (c) be accompanied by a copy of the code of practice (if any). (4) The conditions that may be stated in an approval may include, but are not limited to-- (a) conditions about the number and classification of boxing officials to be present at the contest to which the approval relates; or (b) conditions requiring people to whom approval is given to enter into a bond to secure performance against the conditions of the approval; or (c) in relation to the conduct of an amateur boxing contest-- (i) conditions requiring the contest to be completed by a stated time; or (ii) if the contest is to be held on licensed premises--conditions about the way the contest is to be conducted; (d) if an amateur boxing contest is to be conducted in conjunction with a professional boxing contest--conditions about the way the amateur boxing contest is to be conducted; or (e) if the contest is to be conducted on licensed premises or permitted premises--conditions about the age of the contestants. Note Licensed premises and permitted premises--see s (9). (5) Compliance with the code of practice (if any) is a condition of an approval. (6) A failure to comply with subsection (3) (b) does not affect the validity of an approval under subsection (1). (7) A person must not contravene a condition of an approval given to the person. Maximum penalty: 50 penalty units. (8) An offence against this section is a strict liability offence. (9) In this section: "licensed premises"--see the Liquor Act 2010, dictionary. "permitted premises"--see the Liquor Act 2010, dictionary. BOXING CONTROL ACT 1993 - SECT 9 Cancellation of approval If the Minister believes on reasonable grounds that a person to whom an approval has been given has contravened a condition of the approval, the Minister may cancel the approval. BOXING CONTROL ACT 1993 - SECT 10 Boxing officials (1) A person commits an offence if the person-- (a) participates in a professional boxing contest otherwise than as a boxer; and (b) is not registered for that participation. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (2) In this section: "registered "means registered under the New South Wales Act, section 20 (Determination of application) or section 25 (Determination of application). BOXING CONTROL ACT 1993 - SECT 11 Professional boxers (1) A male commits an offence if he-- (a) engages in a professional boxing contest involving a particular style of boxing; and (b) is not registered as a boxer of the class that is appropriate to that style. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (2) In this section: "registered "means registered under the New South Wales Act, section 9 (Determination of application) or section 13 (Determination of application). BOXING CONTROL ACT 1993 - SECT 12 Amateur boxers (1) A person commits an offence if-- (a) the person-- (i) engages in an amateur boxing contest (other than a kick boxing contest) as a boxer; or (ii) participates in an amateur boxing contest (other than a kick boxing contest) as a boxing official; and (b) the person is not a member of Boxing Australia Incorporated or an affiliated body. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (2) A person commits an offence if-- (a) the person-- (i) engages in an amateur kick boxing contest as a kick boxer; or (ii) participates in an amateur kick boxing contest as a kick boxing official; and (b) a written approval by an approved body is not in force for the contest. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (3) In this section: "approved body" means a body approved under section 13. BOXING CONTROL ACT 1993 - SECT 13 Approval of certain bodies for s 12 (1) The Minister may approve a body for section 12 (2). (2) An approval is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act. BOXING CONTROL ACT 1993 - SECT 13A Female boxing contests A female commits an offence if-- (a) she engages in a professional boxing contest; and (b) an approval under section 14 is not in force for the contest. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. BOXING CONTROL ACT 1993 - SECT 14 Approval for female boxing contests (1) A female may apply to the Minister for approval to engage in a professional boxing contest. Note 1 If a form is approved under s 21 (Approved forms) for an application, the form must be used. Note 2 A fee may be determined under s 20 (Determination of fees) for this section. (2) An application must be accompanied by a doctor's certificate, given to the applicant not earlier than 14 days before the day the application is made, certifying that, in the doctor's opinion, the applicant is medically fit to engage in the proposed contest. (3) The Minister may, by written notice, require an applicant for an approval to give the Minister, either orally or in writing, the further information relating to the application stated in the notice. (4) The Minister may-- (a) approve the application; or (b) approve the application subject to conditions; or (c) refuse to approve the application. (5) The Minister must approve an application under subsection (1) if satisfied that it would not be contrary to public interest for the contest to take place. BOXING CONTROL ACT 1993 - SECT 15 Code of practice (1) The Minister may approve a code of practice about the conduct of boxing contests. Note Power given under an Act to make a statutory instrument (including a code of practice) includes power to amend or repeal the instrument (see Legislation Act, s 46 (1)). (2) A code of practice is a disallowable instrument. Note 1 A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act. Note 2 An amendment or repeal of a code of practice is also a disallowable instrument (see Legislation Act, s 46 (2)). BOXING CONTROL ACT 1993 - SECT 16 Contents The code of practice may include, but is not limited to, matters relating to-- (a) medical examinations of boxers; and (b) the numbers and functions of doctors in connection with boxing contests; and (c) venues for boxing contests; and (d) sizes of rings for boxing contests; and (e) protective clothing to be worn by participants in boxing contests; and (f) weigh-in procedures; and (g) records to be maintained in relation to boxing contests; and (h) the rules of boxing to apply to boxing contests. BOXING CONTROL ACT 1993 - SECT 18 Meaning of reviewable decision--pt 4 In this part: "reviewable decision" means a decision mentioned in schedule 1, column 3 under a provision of this Act mentioned in column 2 in relation to the decision. BOXING CONTROL ACT 1993 - SECT 18A Reviewable decision notices If the Minister makes a reviewable decision, the Minister must give a reviewable decision notice only to each entity mentioned in schedule 1, column 4 in relation to the decision. Note The requirements for reviewable decision notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008. BOXING CONTROL ACT 1993 - SECT 19 Applications for review An entity mentioned in schedule 1, column 4 in relation to a reviewable decision may apply to the ACAT for review of the decision. Note If a form is approved under the ACT Civil and Administrative Tribunal Act 2008 for the application, the form must be used. BOXING CONTROL ACT 1993 - SECT 20 Determination of fees (1) The Minister may determine fees for this Act. Note The Legislation Act contains provisions about the making of determinations and regulations relating to fees (see pt 6.3). (2) A determination is a disallowable instrument. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act. BOXING CONTROL ACT 1993 - SECT 21 Approved forms (1) The Minister may approve forms for this Act. Note For other provisions about forms, see the Legislation Act, s 255. (2) If the Minister approves a form for a particular purpose, the approved form must be used for that purpose. (3) An approved form is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act. BOXING CONTROL ACT 1993 - SECT 22 Regulation-making power (1) The Executive may make regulations for this Act. Note A regulation must be notified, and presented to the Legislative Assembly, under the Legislation Act. (2) A regulation may exempt people from the application of the provisions of this Act. BOXING CONTROL ACT 1993 - SCHEDULE 1 Schedule 1 Reviewable decisions (see pt 4) column 1item column 2section column 3decision column 4entity 1 8 (1) (b) approve application subject to condition applicant 2 8 (1) (c) refuse to approve application applicant 3 9 cancel approval to conduct boxing contest person to whom approval given 4 13 refuse to approve body body 5 14 (4) (b) approve application subject to condition applicant 6 14 (4) (c) refuse to approve application applicant BOXING CONTROL ACT 1993 - NOTES Dictionary Dictionary (see s 2) Note 1 The Legislation Act contains definitions and other provisions relevant to this Act. Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms: o ACAT o contravene o Minister (see s 162) o person o reviewable decision notice. "amateur boxing contest" means a boxing contest otherwise than for a monetary prize or other reward in money or money's worth. "boxing" means fist fighting, kick boxing or any other style of fighting in relation to which a class of boxers is prescribed under the New South Wales Act, and includes sparring in any such style. "boxing contest" means-- (a) for this Act generally--a contest, display or exhibition of boxing (other than a contest, display or exhibition prescribed by regulation); and (b) for part 2 (Control of boxing contests)--see section 4. "boxing official" means a person who is a boxing official under the New South Wales Act. "code of practice" means the code of practice determined under section 15 (1) as varied from time to time under that section. "New South Wales Act" means the Boxing and Wrestling Control Act 1986 (NSW). "professional boxing contest" means a boxing contest for a monetary prize or other reward in money or money's worth. "reviewable decision", for part 4 (Notification and review of decisions)--see section 18. BOXING CONTROL ACT 1993 - NOTES Endnotes Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office. Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired 3 Legislation history Boxing Control Act 1993 No 24 notified 21 May 1993 (Gaz 1993 No S83 s 1, s 2 commenced 21 May 1993 (s 2 (1)) remainder commenced 17 June 1993 (s 2 (2) and Gaz 1993 No S112) as amended by Boxing Control (Amendment) Act 1993 No 71 notified 27 September 1993 (Gaz 1993 No S195) commenced 27 September 1993 (s 2) Administrative Appeals (Consequential Amendments) Act 1994 No 60 sch 1 notified 11 October 1994 (Gaz 1994 No S197) s 1, s 2 commenced 11 October 1994 (s 2 (1)) sch 1 commenced 14 November 1994 (s 2 (2) and see Gaz 1994 No S250) Boxing Control (Amendment) Act 1996 No 11 notified 10 April 1996 (Gaz 1996 No S59) commenced 10 April 1996 (s 2) Statute Law Revision (Penalties) Act 1998 No 54 sch notified 27 November 1998 (Gaz 1998 No S207) s 1, s 2 commenced 27 November 1998 (s 2 (1)) sch commenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49) Legislation (Consequential Amendments) Act 2001 No 44 pt 41 notified 26 July 2001 (Gaz 2001 No 30) s 1, s 2 commenced 26 July 2001 (IA s 10B) pt 41 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65) Health Professionals Legislation Amendment Act 2004 A2004-39 sch 5 pt 5.3 notified LR 8 July 2004s 1, s 2 commenced 8 July 2004 (LA s 75 (1)) sch 5 pt 5.3 commenced 7 July 2005 (s 2 and see Health Professionals Act 2004 A2004-38, s 2 and CN2005-11) Criminal Code Harmonisation Act 2005 A2005-54 sch 1 pt 1.9 notified LR 27 October 2005 s 1, s 2 commenced 27 October 2005 (LA s 75 (1)) sch 1 pt 1.9 commenced 24 November 2005 (s 2) Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.13 notified LR 22 March 2007 s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2)) sch 3 pt 3.13 commenced 12 April 2007 (s 2 (1)) Statute Law Amendment Act 2007 (No 2) A2007-16 sch 3 pt 3.5 notified LR 20 June 2007 s 1, s 2 taken to have commenced 12 April 2007 (LA s 75 (2)) sch 3 pt 3.5 commenced 11 July 2007 (s 2 (1)) Statute Law Amendment Act 2007 (No 3) A2007-39 sch 3 pt 3.5 notified LR 6 December 2007 s 1, s 2 commenced 6 December 2007 (LA s 75 (1)) sch 3 pt 3.5 commenced 27 December 2007 (s 2) Statute Law Amendment Act 2008 A2008-28 sch 3 pt 3.8 notified LR 12 August 2008 s 1, s 2 commenced 12 August 2008 (LA s 75 (1)) sch 3 pt 3.8 commenced 26 August 2008 (s 2) ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) A2008-37 sch 1 pt 1.13 notified LR 4 September 2008 s 1, s 2 commenced 4 September 2008 (LA s 75 (1)) sch 1 pt 1.13 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2) Liquor (Consequential Amendments) Act 2010 A2010-43 sch 1 pt 1.2 notified LR 8 November 2010 s 1, s 2 commenced 8 November 2010 (LA s 75 (1)) sch 1 pt 1.2 commenced 1 December 2010 (s 2 (4) and see Liquor Act 2010 A2010-35, s 2 (3) (as am by A2010-43 amdt 1.19) and CN2010-14) 4 Amendment history Dictionarys 2 om 2001 No 44 amdt 1.424 ins A2007-3 amdt 3.60 Notess 3 orig s 3 defs reloc to dict A2007-3 amdt 3.59 om A2007-3 amdt 3.60 def boxing contest am 1993 No 71 s 4 om A2007-3 amdt 3.58 def determined fee om 2001 No 44 amdt 1.425 def medical practitioner om A2004-39 amdt 5.5 def tribunal om 1994 No 60 sch 1 pres s 3 (prev s 3A) ins A2005-54 amdt 1.58 renum as s 3 A2007-3 amdt 3.61 Offences against Act--application of Criminal Code etcs 3A orig s 3A renum as s 3 pres s 3A (prev s 3B) ins A2005-54 amdt 1.58 renum as s 3A A2007-3 amdt 3.61 Offences against Act--application of Criminal Code etcs 3B renum as s 3A Boxing contestss 5 am 1993 No 71 s 5; 1998 No 54 sch sub A2005-54 amdt 1.59 Application for approvals 6 sub 2001 No 44 amdt 1.426 Approvalss 8 am 1993 No 71 s 6; 1996 No 11 s 5; 1998 No 54 sch; ss and pars renum R3 LA; A2005-54 amdt 1.60; A2008-28 amdt 3.37; A2010-43 amdt 1.2, amdt 1.3; pars renum R11 LA Boxing officialss 10 am 1998 No 54 sch sub A2005-54 amdt 1.61 Professional boxerss 11 am 1998 No 54 sch sub A2005-54 amdt 1.61 Amateur boxerss 12 am 1993 No 71 s 7; 1996 No 11 s 6; 1998 No 54 sch sub A2005-54 amdt 1.61 Approval of certain bodies for s 12s 13 am 1998 No 54 sch sub A2005-54 amdt 1.61 Female boxing contestss 13A sub A2005-54 amdt 1.61 Approval for female boxing contestss 14 am 2001 No 44 amdt 1.427, amdt 1.428 Code of practicept 3 hdg sub 1996 No 11 s 7 Code of practices 15 am 1993 No 71 s 8 sub 1996 No 11 s 7; 2001 No 44 amdt 1.429 Contentss 16 sub 1996 No 11 s 7 Publications 17 om 1996 No 11 s 7 Notification and review of decisionspt 4 hdg sub A2008-37 amdt 1.46 Meaning of reviewable decision--pt 4s 18 am 1994 No 60 sch 1; 1996 No 11 s 8; pars renum R3 LA; A2005-54 amdt 1.62; A2008-28 amdt 3.38; pars renum R9 LA sub A2008-37 amdt 1.46 Reviewable decision noticess 18A ins A2008-37 amdt 1.46 Applications for reviews 19 am 1994 No 60 sch 1 sub A2008-37 amdt 1.46 Determination of feess 20 sub 2001 No 44 amdt 1.430 Approved formss 21 sub 2001 No 44 amdt 1.430 Regulation-making powers 22 ins 2001 No 44 amdt 1.430 Reviewable decisionssch 1 ins A2008-37 amdt 1.47 Dictionarydict ins A2007-3 amdt 3.62 am A2008-37 amdt 1.48, amdt 1.49 def amateur boxing contest reloc from s 3 A2007-3 amdt 3.59 def authority reloc from s 3 A2007-3 amdt 3.59 om A2007-39 amdt 3.12 def boxing reloc from s 3 A2007-3 amdt 3.59 def boxing contest ins A2007-3 amdt 3.62 sub A2007-16 amdt 3.19 def boxing official reloc from s 3 A2007-3 amdt 3.59 def code of practice ins 1996 No 11 s 4 reloc from s 3 A2007-3 amdt 3.59 def New South Wales Act reloc from s 3 A2007-3 amdt 3.59 def professional boxing contest reloc from s 3 A2007-3 amdt 3.59 def promoter reloc from s 3 A2007-3 amdt 3.59 om A2007-39 amdt 3.12 def reviewable decision ins A2008-37 amdt 1.50 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. Republication No Amendments to Republication date 1 A1993-71 31 January 1994 2 A1996-11 31 January 1998 3 A2001-44 30 August 2002 4 A2004-39 7 July 2005 5 A2005-54 24 November 2005 6 A2007-3 12 April 2007 7 A2007-16 11 July 2007 8* A2007-39 27 December 2007 9 A2008-28 26 August 2008 10 A2008-37 2 February 2009 (c) Australian Capital Territory 2010 BOXING CONTROL ACT 1993 - NOTES Australian Capital Territory A1993-24 Republication No 11 Effective: 1 December 2010 Republication date: 1 December 2010 Last amendment made by A2010-43Unauthorised version prepared by ACT Parliamentary Counsel's Office About this republication The republished law This is a republication of the Boxing Control Act 1993 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 1 December 2010 . It also includes any commencement, amendment, repeal or expiry affecting the republished law to 1 December 2010 . The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): o authorised republications to which the Legislation Act 2001 applies o unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication includes amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol U appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133). Australian Capital Territory Boxing Control Act 1993 Endnotes Australian Capital Territory Boxing Control Act 1993