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Professional Boxing and Combat Sports Amendment Act 2013

No. 65 of 2013

TABLE OF PROVISIONSSection Page

PART 1—PRELIMINARY 1

1 Purposes 12 Commencement 23 Principal Act 2

PART 2—AMENDMENT OF PROFESSIONAL BOXING AND COMBAT SPORTS ACT 1985 3

4 Purpose provision substituted 33 Purpose 3

5 Definitions 36 Section 6 substituted and new sections 6A, 6B, 6C and 6D

inserted 56 Board may license persons involved in professional

contests 56A Licence applications to be forwarded to Chief

Commissioner 76B Board may request further information in support of

application for a licence 96C Board to give reasons for not issuing a licence 116D Ban on re-applying for issue or renewal of licence 11

7 Promoters, trainers, match-makers, referees, judges and timekeepers must hold a licence 12

8 Licences and permits 129 New sections 9AA, 9AB, 9AC and 9AD inserted 12

9AA Licence of person must be cancelled if person is a prohibited person 12

9AB Inquiry may be held to determine whether licensee continues to meet probity requirements 13

9AC Decision of Board following inquiry under section 9AB 15

9AD Ban on re-applying for issue of licence following cancellation 17

10 Other circumstances that may result in variation, suspension or cancellation of licence or permit 17

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11 Duties of Promoter 1712 Division 4A of Part II repealed 1813 Delegation 1914 New section 14E inserted 19

14E Disclosure of information 1915 New Division 6 inserted in Part II 20

Division 6—Disclosure of information by Chief Commissioner 20

14F Disclosure of information by Chief Commissioner 2016 Heading to Part III substituted 2017 Minister may delegate 2018 New section 15A inserted 21

15A Delegation by Chief Commissioner 2119 New section 16AA inserted 21

16AA Definition 2120 Review by VCAT 2121 New sections 17 to 17F inserted 22

17 VCAT must ask the Board about protected information on receiving certain applications for review 22

17A Appointment of special counsel if review involves protected information 23

17B Hearing where protected information involved 2417C Decision where protected information is involved 2617D Board may change its decision 2817E Chief Commissioner may request Board to reconsider

decision without protected information 2817F General provisions for hearing matters involving

protected information 2922 Regulations 3023 New Division 3 inserted in Part VIII 31

Division 3—Provisions for Professional Boxing and Combat Sports Amendment Act 2013 31

34 Definitions 3135 List of persons who may act as timekeepers 3136 Pending licence applications 3237 Appeal to the Minister 32

PART 3—AMENDMENT OF OTHER ACTS 33

24 Amendment of Casino Control Act 1991 3325 Amendment of Racing Act 1958 33

35DA Advice to Professional Boxing and Combat Sports Board 33

PART 4—REPEAL OF AMENDING ACT 34

26 Repeal of amending Act 34═══════════════

ENDNOTES 35

Professional Boxing and Combat Sports Amendment Act 2013†

No. 65 of 2013

[Assented to 6 November 2013]

The Parliament of Victoria enacts:

PART 1—PRELIMINARY

1 Purposes

The main purposes of this Act are—

(a) to amend the Professional Boxing and Combat Sports Act 1985—

(i) to require that certain specified requirements be met by a person before a licence can be issued to, or renewed by, the person under that Act; and

Victoria

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(ii) to provide for the cancellation or suspension of a licence under that Act if certain specified requirements are not met by a licence holder; and

(iii) to require a person acting as a timekeeper to be licensed; and

(iv) to enable the Chief Commissioner of Police to provide advice to the Professional Boxing and Combat Sports Board in respect of a person applying for, or holding, a licence under that Act; and

(v) to make consequential and other amendments; and

(b) to make consequential amendments to the Casino Control Act 1991 and the Racing Act 1958.

2 Commencement

This Act comes into operation on the day after the day on which it receives the Royal Assent.

3 Principal Act

In this Act, the Professional Boxing and Combat Sports Act 1985 is called the Principal Act.

__________________

s. 2

See:Act No.10183.Reprint No. 2as at20 September 2001and amendingAct Nos97/2005, 28/2007, 11/2008 and 13/2010.LawToday:www.legislation.vic.gov.au

Section Page

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PART 2—AMENDMENT OF PROFESSIONAL BOXING AND COMBAT SPORTS ACT 1985

4 Purpose provision substituted

For section 3 of the Principal Act substitute—

"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.".

5 Definitions

(1) Insert the following definitions in section 5 of the Principal Act—

"Chief Commissioner means the Chief Commissioner of Police appointed under the Police Regulation Act 1958;

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

s. 4Part 2—Amendment of Professional Boxing and Combat Sports Act 1985

Professional Boxing and Combat Sports Amendment Act 2013No. 65 of 2013

3

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 and given a sentence of a kind corresponding to that specified in paragraph (a) in another State or a Territory; 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);

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 member of the police force 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 member's safety at risk; or

(ii) reveal the identity of a person who has provided a member of the



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police force 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 member of the police force 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 member of the police force, 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 members of the police force; or

(d) is otherwise not in the public interest;".

(2) In section 5 of the Principal Act, for the definition of Department substitute—

"Department means the Department of Transport, Planning and Local Infrastructure;".

6 Section 6 substituted and new sections 6A, 6B, 6C and 6D inserted

For section 6 of the Principal Act substitute—

"6 Board may license persons involved in professional contests



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(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,



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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.

6A Licence applications to be forwarded to Chief Commissioner



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(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.



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(4) The Chief Commissioner may rely on any information, including protected information, he or she considers relevant for the purposes of providing advice to the Board under this section.

(5) For the purposes of giving reasons for his or her advice under subsection (3)(b) or (c), the Chief Commissioner may decide, if the advice is wholly or partly based on protected information—

(a) to include the protected information in his or her 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.

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—



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(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



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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.

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.

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—



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(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.".

7 Promoters, trainers, match-makers, referees, judges and timekeepers must hold a licence

(1) Insert the following heading to section 8 of the Principal Act—

"Promoters, trainers, match-makers, referees, judges and timekeepers must hold a licence".

(2) In section 8(1) of the Principal Act, for "or judge" substitute ", judge or timekeeper".

(3) In section 8(2)(c) of the Principal Act, for "or judge" substitute ", judge or timekeeper".

8 Licences and permits

Section 9(2A) of the Principal Act is repealed.

9 New sections 9AA, 9AB, 9AC and 9AD inserted

After section 9 of the Principal Act insert—

"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.



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(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.

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)—

(a) the Chief Commissioner may rely on any information, including protected information, he or she considers relevant; and



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(b) if the Chief Commissioner's view is wholly or partly based on protected information, the Chief Commissioner may—

(i) advise the Board that because his or her view is wholly or partly based on protected information, the Chief Commissioner will not give the Board reasons for his or her view to the extent that those reasons are based on that information; or

(ii) give the Board the protected information as part of his or her 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



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(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

(d) that the person may make an oral or written submission to the Board in relation to his or her 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.

9AC Decision of Board following inquiry under section 9AB

(1) At the conclusion of an inquiry under section 9AB, the Board may decide to—



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(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.



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(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.

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.".

10 Other circumstances that may result in variation, suspension or cancellation of licence or permit

In the heading to section 9A of the Principal Act, for "Variation" substitute "Other circumstances that may result in variation".

11 Duties of Promoter



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(1) In section 13(1) of the Principal Act—

(a) in paragraph (a), after "contestants;" insert "and";

(b) in paragraph (b), after "licence;" insert "and";

(c) in paragraph (d), for "attendance." substitute "attendance; and";

(d) after paragraph (d) insert—

"(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

(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.".

(2) After section 13(1) of the Principal Act insert—

"(1A) A promoter must not, in respect of every professional contest that he or she 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

Part 2—Amendment of Professional Boxing and Combat Sports Act 1985


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professional contest if that person has been denied a licence or had a licence cancelled under this Act.".

12 Division 4A of Part II repealed

Division 4A of Part II of the Principal Act is repealed.

13 Delegation

(1) For section 14C(1) of the Principal Act substitute—

"(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) In section 14C(2)(b) of the Principal Act, for "or judge" substitute ", judge or timekeeper".

(3) For section 14C(3) of the Principal Act substitute—

"(3) For the purposes of subsection (1)(b), a power delegated to an employee of the Department to determine applications for

s. 12s. 13Part 2—Amendment of Professional Boxing and Combat Sports Act 1985


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registration (or renewal of registration) of a contestant may be exercised only with the agreement of at least one member of the Board.".

14 New section 14E inserted

After section 14D of the Principal Act insert—

"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 he or she 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.".

15 New Division 6 inserted in Part II

After Division 5 of Part II of the Principal Act insert—

"Division 6—Disclosure of information by Chief Commissioner

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 he or she holds that is relevant to the suitability of a person to hold a licence under this Part.".

16 Heading to Part III substituted



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For the heading to Part III of the Principal Act substitute—

"PART III—DELEGATIONS".

17 Minister may delegate

(1) Section 15(8)(a) and (b) of the Principal Act are repealed.

(2) In section 15(8)(e) and (f) of the Principal Act omit "licence or".

18 New section 15A inserted


"15A Delegation by Chief Commissioner

The Chief Commissioner may by a written instrument delegate to a member of the force, 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.".

19 New section 16AA inserted

Before section 16 of the Principal Act insert—

"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;



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(b) that it is not contrary to the public interest for the person to hold a licence.".

20 Review by VCAT

(1) Insert the following heading to section 16 of the Principal Act—

"Review by VCAT".

(2) In section 16(1) of the Principal Act—

(a) omit "of the Minister under section 15(8) in relation to a promoter's licence or a decision";

(b) after paragraph (d) insert—

"(da) banning a person from re-applying for the issue or renewal of a licence for a period greater than 12 months; or";

(c) for "Victorian Civil and Administrative Tribunal" substitute "VCAT".

(3) After section 16(2) of the Principal Act insert—

"(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.".

21 New sections 17 to 17F inserted


"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



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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.

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—



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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.

(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 he or she 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—

(a) must not take instructions from the party whose interests he or she 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.

17B Hearing where protected information involved



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(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.



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(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.

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

s. 21s. 21Part 2—Amendment of Professional Boxing and Combat Sports Act 1985


26

(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

(b) if special counsel wishes to seek further instructions from the party whose interests he or she 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



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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.

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.



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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.

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—



29

(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.".

22 Regulations

(1) For section 22(1)(b) of the Principal Act substitute—

"(b) the certificates or documents to accompany an application;".

(2) After section 22(1)(n) of the Principal Act insert—

"(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;".

(3) For section 22(2) of the Principal Act substitute—

"(2) The regulations may—

(a) be of general or limited application; and

(b) differ according to differences in time, place or circumstances; and



30

(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.".

23 New Division 3 inserted in Part VIII

After Division 2 of Part VIII of the Principal Act insert—

"Division 3—Provisions for Professional Boxing and Combat Sports Amendment

Act 2013

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.

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



31

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.

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.

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);



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(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.".

__________________



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PART 3—AMENDMENT OF OTHER ACTS

24 Amendment of Casino Control Act 1991

After section 74(3) of the Casino Control Act 1991 insert—

"(4) The Chief Commissioner of Police must advise the Professional Boxing and Combat Sports Board (within the meaning of section 14 of the Professional Boxing and Combat Sports Act 1985) that an exclusion order has been made under this section if the person who is the subject of the order has a licence, or has applied for a licence or its renewal under Division 1 of Part II of the Professional Boxing and Combat Sports Act 1985.".

25 Amendment of Racing Act 1958

After section 35D of the Racing Act 1958 insert—

"35DA Advice to Professional Boxing and Combat Sports Board

The Chief Commissioner of Police must advise the Professional Boxing and Combat Sports Board (within the meaning of section 14 of the Professional Boxing and Combat Sports Act 1985) that an exclusion order has been made if the person who is the subject of the order has a licence, or has applied for a licence or its renewal under Division 1 of Part II of the Professional Boxing and Combat Sports Act 1985.".

__________________

See:Act No.47/1991.Reprint No. 8as at22 June 2011and amendingAct Nos29/2009, 84/2009, 74/2010, 58/2011 and 32/2012.LawToday:www.legislation.vic.gov.au

s. 24

See:Act No.6353.Reprint No. 15as at9 May 2013and amendingAct No.45/2003.LawToday:www.legislation.vic.gov.au



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PART 4—REPEAL OF AMENDING ACT

26 Repeal of amending Act

This Act is repealed on the first anniversary of its commencement.

Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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ENDNOTES

Endnotes


36

† Minister's second reading speech—

Legislative Assembly: 5 September 2013

Legislative Council: 17 October 2013

The long title for the Bill for this Act was "A Bill for an Act to amend the Professional Boxing and Combat Sports Act 1985, to make consequential amendments to the Casino Control Act 1991 and the Racing Act 1958 and for other purposes."

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