Alert Digest No. 6 of 1996
15 October 1996

PROFESSIONAL BOXING AND MARTIAL ARTS BILL

1.1

This Bill was introduced into the Legislative Assembly on 11 September 1996 by the Honourable Tom Reynolds MP with the Honourable Alan Brown MP.

1.2

The Committee reported on the Bill in Alert Digest No.5 of 1996 on 8 October 1996. The relevant extract is set out:-

"Clause 19 removes the regulation making power from the Governor in Council with respect to the rules for the conduct, inspection and supervision of professional boxing contests and other matters. Clause 20 substitutes new section 23 which allows the Minister to make rules on the advice of the Board for the proper conduct of professional contests. The Committee notes the comments in the Second Reading Speech: -

"The purpose of this Bill is to de-regulate sections of the professional boxing and professional martial arts industries... The Bill provides for further industry de-regulation by removing the requirement for medical practitioners to be accredited by the Minister... The Bill removes matters connected with the conduct of professional boxing and martial arts contests from the regulations and provides the Minister with the power to make rules for the proper conduct of contests. This will ensure that the requirements of emerging codes of martial arts are efficiently accommodated but that appropriate safety conditions concerning equipment, venues and procedures are met."

The Committee has written a letter to the Minister seeking clarification of the rationale as to why the rules are to be made by the Minister rather than by regulation."

1.3

The Committee wrote to the Minister on 7 October 1996. The Minister responded by way of letter dated 14 October 1996. The relevant extract is set out:-

"Thank you for your letter of 7 October 1996 in which you request information on clause 20 of the Professional Boxing and Martial Arts Bill.

As you indicate, clause 20 provides for the Minister, on the advice of the Board to make rules for the proper conduct of professional contests. Those rules, however, will only relate to matters covered by sections 22(1)(e)-(h) of the Professional Boxing Control Act 1985 which will be replaced by section 19 of the Bill. Matters covered are:

s 22(1)(e) rules for the conduct, inspection and supervision of professional boxing contests;

(f) the duties, powers and functions of persons involved in professional boxing contests;

(g) the safety of boxing rings, furnishings, fittings or equipment;

(h) venues for the holding of professional boxing contests.

Apart from repeal of regulations pertaining to accredited medical practitioners (section 22(1)(c)) and changes to the means of approving payment of Board members (section 22(1)(o)), regulation making powers of the Professional Boxing Control Act 1985 will not be affected by the Bill.

The intent of the Bill in providing for the making of non-statutory rules is first, to better provide for the safety of contestants; second, to enable rules of contest to more flexibly cater for emerging codes as required; and third, to relieve statutory rules from encumbrance with minor matters connected with the conduct of contests.

The World Boxing Council, in particular its Medical Committee, is constantly revising its recommendations on procedures and practises relating to protection of contestants' safety. These recommendations are usually quickly adopted by boxing authorities. The Professional Boxing Control Board has for some time however had concerns about the delay in implementing such changes which is occasioned by the current need to change a statutory rule each time a nationally or internationally accepted standard is to adopted. It has submitted that contestants' interests would be better served if changes were able to be effected by the alteration of a non-statutory rule.

There is also a need for contest rules to be able to cater for emerging combat sport codes/disciplines and for variations required by specific circumstances to be quickly accommodated. This may best be effected by making provision for these instances to be dealt with through non-statutory rules.

Finally, there are many instances in the current regulations, which although providing parameters for the conduct of contests, are in themselves of a minor nature and do not warrant statutory provision. Removal of those instances to non-statutory rules will disencumber the Regulations.

A full examination of the Professional Boxing Control Regulations 1996 (which automatically revoke on 30 June 1997) will be conducted prior to their remaking with a view to identifying redundant regulations, amendments, inclusions and those matters relating to the conduct of contests which should be transferred to non-statutory rules made by the Minister on advice of the Board.

I would be pleased to keep you abreast of these developments and trust that this information is of use to you and your Committee."

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