Victorian Numbered Acts

PROFESSIONAL BOXING AND COMBAT SPORTS AMENDMENT ACT 2013 (NO. 65 OF 2013) - SECT 6

For section 6 of the Principal Act substitute —

        "     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.

        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.

    (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—

        (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.

        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—

        (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.".