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This is a Bill, not an Act. For current law, see the Acts databases.
1996
The Parliament of
the
Commonwealth of
Australia
THE
SENATE
Presented and read a first
time
Australian Sports Drug
Agency Amendment Bill 1996
No. ,
1996
(Sport, Territories and Local
Government)
A Bill for an Act to amend the
Australian Sports Drug Agency Act 1990, and for related
purposes
9602520—1,065/6.5.1996—(25/96)
Cat. No. 96 4493 8 ISBN 0644 442123
Contents
A Bill for an Act to
amend the Australian Sports Drug Agency Act
1990, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Australian Sports Drug Agency Amendment
Act 1996.
(1) Sections 1 and 2 commence on the day on which this Act receives the
Royal Assent.
(2) Subject to subsection (3), section 3 and Schedule 1 commence on a day
to be fixed by Proclamation.
(3) If section 3 and Schedule 1 do not commence under subsection (2)
within 6 months after the day on which this Act receives the Royal Assent, they
commence on the first day after the end of that period.
Subject to section 2, each Act that is specified in a Schedule to this
Act is amended or repealed as set out in the applicable items in the Schedule
concerned, and any other item in a Schedule to this Act has effect according to
its terms.
1
Subsection 2(1)
Insert:
applicable procedures, in relation to a sample provided by a
competitor pursuant to a request made under Part 3, has the meaning given by
Division 5 of that Part.
assessed means assessed by notice in writing given to the
Agency.
contract includes any arrangement, whether formal or
informal.
drug testing program means a program of testing for the use
of drugs included in the schedule maintained by the Agency under paragraph
9(1)(a).
foreign national sporting organisation means a national
sporting organisation of a foreign country.
foreign sporting organisation means a foreign government
sports agency, a foreign national sporting organisation or a foreign antidoping
body.
national sporting organisation, in relation to a particular
sport, means:
(a) in respect of any country (including Australia)—a sporting
organisation that is recognised by the International Sporting Federation that
has international control over the sport as being the organisation responsible
for administering the affairs of the sport, or of a substantial part or section
of the sport, in that country; or
(b) in respect of a country other than Australia, if there is no
International Sporting Federation that has international control over the
sport—a sporting organisation that is generally recognised as being
responsible for administering the affairs of the sport, or of a substantial part
or section of the sport, in that country; or
(c) in respect of Australia, whether or not there is an International
Sporting Federation that has international control over the sport—a
sporting organisation that is recognised by the Commission, or is generally
recognised, as being responsible for administering the affairs of the sport, or
of a substantial part or section of the sport, in Australia.
non-Australian means a person who is neither an Australian
citizen nor a permanent resident.
organisation includes an academy, institute or other similar
body.
relevant International Sporting Federation, in relation to a
competitor, means an International Sporting Federation:
(a) of which the competitor’s relevant
national sporting organisation is a member or with which that organisation is
associated in any way; or
(a) of which the competitor’s relevant sporting organisation is a
member or with which that organisation is associated in any way.
relevant national sporting organisation, in relation
to a competitor, means a national sporting organisation:
(a) of which the
competitor is, in his or her capacity as a competitor, a member or with which
the competitor is, in that capacity, associated in any way; or
(b) of which the competitor’s
relevant sporting organisation is a member or with
which that organisation is associated in any way.
relevant sporting organisation, in relation to a competitor,
means a sporting organisation (other than a national sporting organisation) of
which the competitor is, in his or her capacity as a competitor, a member or
with which the competitor is, in that capacity, associated in any way.
reviewable decision means:
(a) a decision by the Agency under subsection 17A(1) that a competitor did
not have reasonable cause for failing to comply with a request to provide a
sample; or
(b) a decision by the Agency under subsection 17M(1) that a positive test
result from the final testing of a sample is valid.
sporting competition means a sporting event or a series of
sporting events.
sporting event includes any sporting activity.
sporting organisation includes, but is not limited to, an
organisation that:
(a) has control in a particular country, or part of a country, or
internationally, of one or more sports or sporting events; or
(b) organises or administers one or more sports or sporting events;
or
(c) accredits people to take part in sporting competition; or
(d) provides teams to compete in sporting competition; or
(e) trains, or provides finance for, people to take part in sporting
competition.
support has the meaning given by section 3.
temporarily resident non-Australian means a non-Australian
whom the Agency has requested to supply a sample at the request of, or under a
contract entered into with, an Australian national sporting
organisation.
2 Subsection 2(1) (definitions of applicable
procedural requirement, at competition and
Charter)
Repeal the definitions.
3 Subsection 2(1) (definition of
competitor)
Repeal the definition, substitute:
competitor has the meaning given by section 2A.
4 Subsection 2(3)
Repeal the subsection.
5 After section 2
Insert:
(1) The following people, and no others, are competitors for the purposes
of this Act:
(a) an Australian
citizen, or a permanent resident, who competes, or has been selected to compete,
as a representative of Australia in international sporting
competition;
(b) an Australian citizen, or a permanent resident, who has been assessed
by an Australian national sporting organisation as having the potential to
represent Australia in international sporting competition;
(c) a person who competes as a member of a team in sporting competition
(whether held, or to be held, in or outside Australia) at a level at
which:
(i) teams that represent Australia; or
(ii) teams that represent organisations in Australia and contain members
who have been assessed by an Australian national sporting organisation as having
the potential to represent Australia;
in international sporting competition take part;
(d) a person who competes in sporting competition and:
(i) is receiving support from the Commonwealth or the Commission;
or
(ii) is a party to an arrangement with the Commonwealth or the Commission
under which the person will receive support from the Commonwealth or the
Commission;
(e) a person who competes in international sporting competition held, or
to be held, in Australia;
(f) a person who competes in sporting competition at a level that has been
assessed by an Australian national sporting organisation as being a level at
which people representing Australia could be expected to compete;
(g) a person:
(i) who has been assessed by a foreign sporting organisation as having
reached such a standard of performance in the field of sporting activity in
which he or she competes as to be capable of representing in international
sporting competition the country of which he or she is a citizen or in which he
or she is ordinarily resident; and
(ii) in respect of whom the Agency has been requested by a foreign
sporting organisation, or is required under a contract with a foreign sporting
organisation, to obtain a sample for testing;
(h) a non-Australian in respect of whom the Agency has been requested by,
or is required or permitted under a contract with:
(i) a foreign sporting organisation in the country of which the person is
a citizen or in which the person is ordinarily resident; or
(ii) a relevant International Sporting Federation;
to obtain a sample for testing;
(i) a person in respect of whom the Agency, under an anti-doping
arrangement, is required or permitted to obtain a sample for testing;
(j) a person whose name is entered on the Register and who, as a direct or
indirect result of having his or her name so entered, is ineligible to take part
in sporting competition.
(2) Subject to subsection (3), if a person:
(a) is training, or has at any time within the last 12 months trained, to
compete in sporting competition or international sporting competition, or in
sporting competition or international sporting competition at a particular
level; or
(b) has, at any time within the last 12 months competed in sporting
competition or international sporting competition, or in sporting competition or
international sporting competition at a particular level;
the person is taken for the purposes of subsection (1) to be a person who
competes in sporting competition or international sporting competition, or in
sporting competition or international sporting competition at that level, as the
case may be.
(3) A person is taken not to have been a competitor for the purposes of
this Act at a particular time if the person:
(a) notified the relevant national sporting organisation before that time
that he or she had retired from taking part in sporting competition; and
(b) has not, since the notification was given, taken part in sporting
competition.
6 Section 3
Repeal the section, substitute:
(1) A person is taken for the purposes of this Act to be receiving
support from a government or a government agency if the person, for the purpose
of taking part in sporting activities, or for the purpose of training to take
part in sporting activities:
(a) receives funding from the government or agency; or
(b) uses facilities that are provided (wholly or partly) by the government
or agency, or are operated or maintained (wholly or partly) with funding
received from the government or agency; or
(c) is a member of, or is in any way associated with, a sporting
organisation that:
(i) receives funding from the government or agency; or
(ii) uses facilities that are provided (wholly or partly) by the
government or agency, or are operated or maintained (wholly or partly) with
funding received from the government or agency.
(2) In this section:
government means the Commonwealth, a State or a
Territory.
government agency means the Commission or any sports academy,
sports institute, or other similar body, of a State or Territory.
7 Section 8
Repeal the section, substitute:
The objects of the establishment of the Agency are:
(a) to deter the use of scheduled drugs or doping methods in sport;
and
(b) to encourage the development of programs to educate the sporting
community about matters relating to drugs in sport; and
(c) to advocate the international adoption of consistent and effective
anti-doping programs; and
(d) to co-ordinate the development of a consistent and effective national
response to matters relating to drugs in sport.
8 Paragraphs 9(1)(c) to (q)
Repeal the paragraphs, substitute:
(c) to develop and implement drug testing programs;
(d) to advocate the international development and implementation of
consistent and effective anti-doping programs;
(e) to encourage Australian national sporting organisations, State and
Territory sporting organisations and professional sporting
organisations:
(i) to develop and implement comprehensive and consistent anti-doping
initiatives (including initiatives relating to testing for the use of drugs and
education about matters relating to drugs in sport); and
(ii) to use the services of the Agency and accredited
laboratories;
(f) to develop and implement initiatives that increase the skills and
knowledge of people involved in sporting activities about matters relating to
drugs in sport;
(g) to advocate and support research in and outside Australia about drugs
in sport;
(h) to implement anti-doping arrangements;
(i) to encourage the establishment of means for the carrying out by
government Departments and authorities of the States and Territories of
initiatives relating to drugs in sport;
(j) to co-operate with those Departments and authorities and with
non-government sporting organisations to implement those initiatives;
(k) any other functions conferred on the Agency under this Act;
(l) to advise the Minister on matters falling within any of the
abovementioned functions and related matters.
9 Subsection 9(2)
Omit “The Agency”, substitute “In the performance of its
functions, the Agency”.
10 Subsection 9(3)
Repeal the subsection, substitute:
(3) In the performance of its functions, the Agency may prepare and keep a
list of all people whom it knows to be competitors.
(3A) A list kept under subsection (3) may contain, in relation to each
person whose name is included in the list, any of the following
particulars:
(a) addresses of usual places of residence and employment;
(b) date of birth;
(c) telephone numbers of usual places of residence and
employment;
(d) if the person is under 18 years of age or has an intellectual
disability—the name, and the addresses and telephone numbers, of the usual
places of residence and employment of a person who has long-term parental
responsibility for, or is the guardian of, the first-mentioned person;
(e) sporting activities engaged in;
(f) membership of sporting organisations;
(g) whether the holder of a scholarship granted by a government, a
governmental authority or a sporting organisation;
(h) times and places of training;
(i) membership of a national team;
(j) if the person is competing or training outside Australia—the
date on which the person is expected to return to Australia;
(k) the capacity in which the person takes part in sporting competition
(for example, whether as an amateur, as a professional, as a representative of a
country);
(l) how the person may be contacted if he or she is competing or training
outside Australia;
(m) any other particulars necessary to enable the Agency to perform its
functions.
11 Heading to Part 3
Repeal the heading, substitute:
Insert in Part 3:
This Part does not authorise, or apply in relation to, the making of a
request to a competitor or the consequences of making such a request if Division
1 of Part 3A authorises, or applies in relation to, the making of a request to
the competitor or the consequences of making such a request.
13 Sections 12 to 17C
Repeal the sections, substitute:
(1) The Agency may request a competitor to provide a sample.
(2) Subject to subsection (3), the request is to be made in accordance
with the regulations.
(3) The regulations may make provision as to the manner in which a request
is to be made but may provide that strict compliance with regulations so made is
not required and substantial compliance is sufficient.
(1) The regulations must provide, in relation to a competitor who has been
requested to provide a sample, that:
(a) the competitor:
(i) is entitled, subject to subparagraph (ii), to have a representative of
his or her choice present to oversee the process of the collection of the
sample; but
(ii) is not entitled to have such a representative present to witness the
actual passing of the sample unless the competitor suffers from a disability
that may require him or her to be given assistance in passing the sample;
and
(b) the Agency is to notify the competitor orally or in writing
of:
(i) the procedure for collecting and testing samples; and
(ii) the competitor’s rights under regulations made in accordance
with paragraph (a); and
(iii) the possible consequences of a failure to comply with a request to
provide a sample; and
(iv) the possible consequences of returning a positive test result;
and
(v) the classes of persons who, or organisations and bodies which, are
required, under section 17T, to be notified of the particulars of an entry in
the Register relating to the competitor; and
(vi) the competitor’s right to make submissions under sections 17
and 17L; and
(vii) the classes of persons to whom, and organisations and bodies to
which, under section 17H, a negative test result may be disclosed.
(2) Regulations made for the purposes of paragraph (1)(b) may provide that
strict compliance with those regulations is not required and substantial
compliance is sufficient.
When the Agency has requested a competitor to provide a sample:
(a) if it appears to the Agency that the competitor is likely to fail to
comply with the request and the Agency thinks that the relevant national
sporting organisation should be given an opportunity to try to persuade the
competitor to comply with the request—the Agency may tell the organisation
of the competitor’s likely failure to comply with the request;
and
(b) if the competitor claims to have retired from taking part in sporting
competition—the Agency may request the relevant national sporting
organisation to tell the Agency whether the competitor has notified the
organisation that he or she has retired from taking part in sporting competition
and, if so, the date of notification.
For the purposes of this Part, a competitor fails to comply with a
request by the Agency to provide a sample if, and only if, the manner in which
the Agency requested the competitor to provide the sample was, subject to
subsection 12(3), in accordance with the regulations and:
(a) the competitor fails to provide a sample as required by the
regulations; or
(b) the competitor fails to complete or sign any form required by the
regulations to be completed or signed by the competitor; or
(c) after providing the sample, the competitor fails to do anything in
relation to the sample that is required by the regulations to be done by the
competitor.
This Subdivision applies only in relation to a failure by a competitor
who is an Australian citizen, a permanent resident or a temporarily resident
non-Australian to comply with a request to provide a sample.
(1) The Agency must, as soon as practicable, give the competitor a written
notice:
(a) stating that the competitor has failed to comply with the request;
and
(b) telling the competitor that he or she, or a person acting on his or
her behalf, may, within 7 days after receiving the notice:
(i) make a written submission to the Agency to the effect that the
competitor had reasonable cause for failing to comply with the request;
or
(ii) by written notice given to the Agency, waive his or her right to make
such a submission; and
(c) setting out the Agency’s obligations under sections 17R, 17T and
18.
(2) If the Agency considers that the competitor is likely to:
(a) take part in international sporting competition; or
(b) take part in a trial to select Australian representatives to compete
in international sporting competition;
before the end of the period of 7 days after the competitor receives the
notice, the Agency may substitute in the notice any shorter period that it
considers appropriate in the circumstances for the period of 7 days referred to
in paragraph (1)(b).
(1) Subject to this section, the Agency must decide whether the competitor
had reasonable cause for failing to comply with the request.
(2) The Agency must not:
(a) before the time fixed under subsection (3), decide that the competitor
did not have reasonable cause for failing to comply with the request;
or
(b) make such a decision without having had due regard to any written
submissions made by or on behalf of the competitor in accordance with
subparagraph 17(1)(b)(i).
(3) The time fixed for the purposes of paragraph (2)(a) is:
(a) if, within the period stated in the notice given by the Agency to the
competitor under subsection 17(1), the Agency receives a written notice by or on
behalf of the competitor waiving his or her right to make a submission—the
time when the notice of waiver is received by the Agency; or
(b) if, within the period stated in the notice, the Agency receives a
written submission by or on behalf of the competitor—the time when the
submission is received by the Agency; or
(c) if, within the period stated in the notice, the Agency:
(i) does not receive a written notice by or on behalf of the competitor
waiving his or her right to make a submission; and
(ii) does not receive a written submission by or on behalf of the
competitor;
the end of that period.
(1) When the Agency has decided whether a competitor had reasonable cause
for failing to comply with a request to provide a sample, the following
provisions apply.
(2) The Agency must, as soon as practicable, give a written notice to the
competitor telling him or her of the decision.
(3) If:
(a) the competitor had initially failed to comply with a request to
provide a sample; and
(b) the Agency had, under paragraph 14(a), told the relevant national
sporting organisation that the competitor was likely to fail to comply with the
request; and
(c) the Agency decides that the competitor had reasonable cause for
failing to comply with the request;
the Agency must, as soon as practicable, give a written notice to the
relevant national sporting organisation telling it of the decision.
(4) If the Agency decides that the competitor did not have reasonable
cause for failing to comply with the request, the Agency must include in the
notice to the competitor:
(a) the reasons for the decision; and
(b) a statement to the effect that, if the competitor is dissatisfied with
the decision, application for review of the decision may, subject to the
Administrative Appeals Tribunal Act 1975, be made to the Administrative
Appeals Tribunal.
(5) A failure to comply with subsection (3) or (4) does not affect the
validity of the decision concerned.
This Subdivision applies only in relation to a failure by a competitor
who is a non-Australian other than a temporarily resident non-Australian to
comply with a request to provide a sample.
(1) The Agency must, as soon as practicable, notify the relevant
International Sporting Federation of the failure.
(2) If that Federation requests the Agency to take any further action, the
Agency may comply with the request so far as it is capable of doing
so.
A sample provided by a competitor must be dealt with, subject to section
17G, in accordance with the applicable procedures in relation to the
sample.
(1) The applicable procedures are those prescribed by the
regulations.
(2) Regulations prescribing applicable procedures may be of general or
specially limited application or may differ according to differences in time,
locality, place or circumstance.
(3) Regulations prescribing applicable procedures may include requirements
relating to the following:
(a) the selection of competitors who may be requested to provide samples;
(b) the notifying of competitors concerned;
(c) the collection of samples;
(d) the transport of samples to an accredited laboratory;
(e) the testing of samples;
(f) the notifying of a result from the initial testing of a
sample;
(g) the notifying of a result from the final testing of a
sample.
(1) Subject to subsection (2), the regulations may provide that particular
procedures prescribed for the purposes of section 17F need not be strictly
complied with and that substantial compliance is sufficient.
(2) Subsection (1) does not apply to procedures relating to the following
matters:
(a) the accredited laboratories by which samples are to be
tested;
(b) ensuring that a sample is not tampered with by anyone who is not
authorised to deal with the sample;
(c) ensuring that a sample’s container is securely sealed and
identified;
(d) the entering, on forms relating to the provision of samples for
testing, of numbers of containers, or numbers of seals of containers, holding
any part of the sample;
(e) the signing of those forms by people required to do so.
Application
(1) This section applies if either the initial testing or the final
testing of a sample provided by a competitor returns a negative test
result.
Disclosure if competitor is an Australian citizen, a permanent resident
or a temporarily resident non-Australian
(2) If the competitor is an Australian citizen, a permanent resident or a
temporarily resident non-Australian, the Agency may disclose particulars of the
result to:
(a) the competitor;
and
(b) if:
(i) the Agency thinks that the competitor may be under 18 years of age or
may have an intellectual disability; and
(ii) the Agency is aware of the name, and the address of the usual place
of residence or employment, of a person who has long-term parental
responsibility for, or is the guardian of, the competitor;
the person who has that responsibility or is such a guardian;
and
(c) the relevant national sporting organisation; and
(d) the relevant International Sporting Federation.
Disclosure if competitor is a non-Australian other than a temporarily
resident non-Australian
(3) If the competitor is a non-Australian, other than a temporarily
resident non-Australian, the Agency may disclose particulars of the result
to:
(a) the competitor; and
(b) any foreign anti-doping body that the Agency thinks
appropriate.
This Division applies only in relation to a sample provided by a
competitor who is an Australian citizen, a permanent resident or a temporarily
resident non-Australian.
(1) This section applies if the initial testing of a competitor’s
sample returns a positive test result.
(2) The competitor is entitled to be present at, or to be represented at,
the final testing of the sample (including the unsealing of the
sample).
(3) The Agency must, as soon as practicable, give the competitor a written
notice:
(a) stating that the initial testing of the sample has returned a positive
test result; and
(b) stating the competitor’s rights under subsection (2);
and
(c) stating the possible consequences of the final testing of the sample
returning a positive test result, including the classes of persons,
organisations or bodies that would be required under section 17T to be notified
of the particulars of an entry in the Register relating to the
competitor.
(4) The Agency may give the relevant national sporting organisation any
information that it thinks appropriate about the return of the positive test
result from the initial testing of the sample other than information that would
enable the identification of the competitor.
(1) This section applies if the final testing of a competitor’s
sample returns a positive test result.
(2) The Agency must, as soon as practicable, give the competitor a written
notice:
(a) stating that the
final testing of the sample has returned a positive test result; and
(b) telling the competitor that, if the competitor has any information or
evidence (relevant information or evidence) that may affect the
validity of the results of the initial or final testing of the sample, he or
she, or a person on his or her behalf, may, within 7 days after receiving the
notice:
(i) make a written submission to the Agency setting out the relevant
information or evidence; or
(ii) by written notice given to the Agency, waive his or her right to make
such a submission; and
(c) setting out the Agency’s obligations under sections 17S, 17T and
18.
(3) If the Agency considers that the competitor is likely to:
(a) take part in international sporting competition; or
(b) take part in a trial to select people to represent Australia in
international sporting competition;
before the end of the period of 7 days after the competitor receives the
notice, the Agency may substitute in the notice any shorter period that it
considers appropriate in the circumstances for the period of 7 days referred to
in paragraph (2)(b).
(1) Subject to this section, the Agency must decide whether a positive
test result from the final testing of a sample is valid.
(2) The Agency must not:
(a) before the time
fixed under subsection (3), decide that the positive test result is valid;
or
(b) make such a decision without having had due regard to any relevant
information or evidence set out in a written submission made by or on behalf of
the competitor in accordance with subparagraph 17L(2)(b)(i).
(3) The time fixed for the purposes of paragraph (2)(a) is:
(a) if, within the period stated in the notice given by the Agency to the
competitor under subsection 17L(2), the Agency receives a written notice by or
on behalf of the competitor waiving his or her right to make a
submission—the time when the notice of waiver is received by the Agency;
or
(b) if, within the period stated in the notice, the Agency receives a
written submission by or on behalf of the competitor—the time when the
submission is received by the Agency; or
(c) if, within the period stated in the notice, the Agency:
(i) does not receive a written notice by or on behalf of the competitor
waiving his or her right to make a submission; or
(ii) does not receive a written submission by or on behalf of the
competitor;
the end of that period.
(4) The Agency may decide that the positive test result is invalid only if
the Agency is satisfied that:
(a) the applicable procedures relating to the sealing of any container
holding the sample have not been complied with; or
(b) the sample was not tested by an accredited laboratory; or
(c) the sample was tampered with by someone other than the competitor or a
person chosen by the competitor to oversee any part of the collection or testing
of the sample.
(1) As soon as practicable after the Agency makes a decision as to the
validity of a positive test result from the final testing of a sample, the
Agency must give the competitor written notice of the decision.
(2) If the Agency decides that the positive test result is valid, the
Agency must include in the notice:
(a) the reasons for the decision; and
(b) a statement to the effect that, if the competitor is dissatisfied with
the decision, application for review of the decision may, subject to the
Administrative Appeals Tribunal Act 1975, be made to the Administrative
Appeals Tribunal.
(3) A failure to comply with subsection (2) does not affect the validity
of the decision concerned.
This Division applies only in relation to a sample provided by a
non-Australian other than a temporarily resident non-Australian.
(1) If the initial testing of a sample returns a positive test result, the
Agency must, as soon as practicable, notify the relevant International Sporting
Federation of the result.
(2) If that Federation requests the Agency to take any further action, the
Agency may comply with the request so far as it is capable of doing
so.
If:
(a) a competitor referred to in section 16 fails to comply with a request
to provide a sample; and
(b) the Agency decides under subsection 17A(1) that the competitor did not
have reasonable cause for failing to comply with the request;
the Agency must, as soon as practicable, enter on the Register the
competitor’s name and any other particulars known to the Agency that are
required by the regulations to be entered.
If:
(a) the final testing of a sample provided by a competitor referred to in
section 17J returns a positive test result; and
(b) the Agency decides under subsection 17M(1) that the positive test
result is valid;
the Agency must, as soon as practicable, enter on the Register the
competitor’s name and any other particulars known to the Agency that are
required by the regulations to be entered.
Application
(1) This section applies when the Agency enters a competitor’s name
and other particulars on the Register, whether under section 11, 17R or
17S.
Notice of entry on Register
(2) The Agency must, as soon as practicable, give written notice of the
making, and of particulars, of the entry to:
(a) the competitor;
and
(b) if:
(i) the Agency thinks that the competitor may be under 18 years of age or
may have an intellectual disability; and
(ii) the Agency is aware of the name, and the address of the usual place
of residence or employment, of a person who has long-term parental
responsibility for, or is the guardian of, the competitor;
the person who has that responsibility or is such a guardian;
and
(c) if the Agency is aware that the competitor receives support from the
Commission—the Commission; and
(d) if the Agency is aware that the competitor receives support from an
academy, institute or other similar body of a State or Territory—the
institute, academy or other body; and
(e) the relevant national sporting organisation.
Notice to identify all other persons, organisations or bodies
notified
(3) When the Agency gives a notice of the making of an entry on the
Register under this section, the Agency must include in the notice a statement
setting out the name of each other person to whom, or organisation or body to
which, the Agency has given or proposes to give notice of the making of the
entry.
Copy of competitor’s submission may be given to national sporting
organisation in certain circumstances
(4) If the Agency gives to a national sporting organisation a notice under
this section of the making of an entry on the Register in relation to a
competitor, the Agency may, if the organisation requests, also give the
organisation:
(a) a statement of the Agency’s reasons for the decision under
section 17A or 17M that resulted in the entry being made on the Register;
and
(b) if the competitor consents in writing, a copy of any submission made
by or on behalf of the competitor to the Agency under section 17 or
17L.
(5) A failure to comply with subsection (2), (3) or (4) does not affect
the validity of the entry of the competitor’s name and other particulars
on the Register.
(1) This section applies if:
(a) a competitor’s name, and other particulars, have been entered on
the Register; and
(b) at the time of the occurrence of the event as a result of which the
competitor’s name was entered on the Register the competitor was under 18
years of age; and
(c) as a direct or indirect result of having his or her name so entered,
the competitor has been prevented from taking part, or has become ineligible to
take part, in sporting competition for a particular period (the suspension
period).
(2) Subject to subsection (3), the Agency must, as soon as practicable
after the end of the suspension period, remove from the Register the name and
other particulars entered as mentioned in paragraph (1)(a) in relation to the
competitor.
(3) If, as a result of the competitor’s name being entered on the
Register as mentioned in paragraph (1)(a), the Commission has disqualified the
competitor from:
(a) receiving funding from the Commission; or
(b) using facilities that:
(i) are provided, in whole or in part, by the Commission; or
(ii) are operated or maintained, in whole or in part, with funding
received from the Commission;
for a period (the disqualification period) that ends after
the suspension period, subsection (2) does not apply but the Agency must, as
soon as practicable after the end of the disqualification period, remove from
the Register the name and other particulars entered as mentioned in paragraph
(1)(a) in relation to the competitor.
Application may be made to the Administrative Appeals Tribunal for the
review of a reviewable decision.
(1) If the Administrative Appeals Tribunal sets aside a reviewable
decision, the Agency must, as soon as practicable, remove from the Register any
entry that was made as a result of the Agency’s decision.
(2) If, after the making of an entry on the Register in relation to a
decision of the Agency:
(a) the entry is removed from the Register under subsection (1) of this
section; or
(b) an order is made under section 41 of the Administrative Appeals
Tribunal Act 1975 staying or otherwise affecting the operation or
implementation of the decision, or an order so made is afterwards
revoked;
the Agency must, as soon as practicable, give written notice of that fact
to each person to whom, and each organisation or body to which, notice of the
making of the entry was given.
(1) The Agency may enter into a contract with a foreign sporting
organisation under which the Agency may:
(a) collect samples from people for the purpose of testing whether any
scheduled drug or doping method is present in the samples; and
(b) arrange for the secure transport of the samples to an accredited
laboratory; and
(c) arrange for the testing of the samples by an accredited laboratory;
and
(d) give notice of the results of the testing so far as is permitted by
section 17ZA.
(2) The Agency may do anything required or permitted by the contract to be
done or necessary to be done to give effect to the contract.
If:
(a) the Agency has been
asked by, or is required or permitted under a contract with, a foreign sporting
organisation to request a competitor to provide a sample for testing;
or
(b) the Agency is required or permitted under an anti-doping arrangement
to request a competitor to provide a sample for testing;
the Agency may request the competitor to provide a sample for
testing.
The procedures to be followed in respect of the making of the request,
the collection and testing of the sample and the notifying of the results of the
testing of the sample are:
(a) if paragraph 17Y(a)
applies—the procedures agreed to between the Agency and the foreign
sporting organisation; or
(b) if paragraph 17Y(b) applies—the procedures stated in, or
determined under, the anti-doping arrangement.
(1) The Agency may notify the relevant foreign sporting organisation of
any matter arising out of the making of the request to the competitor,
including:
(a) a failure by the competitor to provide a
sample; or
(b) a failure by the competitor to complete or sign any form required by
the Agency to be completed or signed by the competitor or to do anything in
relation to the sample that is required by the Agency to be done; or
(c) any provision of a sample by a person who was not the competitor and
represented, by pretending to be the competitor, that the sample was provided by
the competitor; or
(d) any other interference with the provision, collection or testing of
the sample; or
(e) the results of the testing.
(2) Subject to subsection (3), the Agency may notify any matter referred
to in subsection (1) to:
(a) the competitor;
and
(b) if:
(i) the Agency thinks that the competitor may be under 18 years of age or
may have an intellectual disability; and
(ii) the Agency is aware of the name, and the address of the usual place
of residence or employment, of a person who has long-term parental
responsibility for, or is the guardian of, the competitor;
the person who has that responsibility or is such a guardian;
and
(c) if the Agency is aware that the competitor receives support from the
Commission—the Commission; and
(d) if the Agency is aware that the competitor receives support from an
academy, institute or other similar body of a State or Territory—the
institute, academy or other body; and
(e) the relevant national sporting organisation.
(3) The Agency is not to notify a person, organisation or body of a matter
under subsection (2) if the relevant foreign sporting organisation directs the
Agency not to do so.
(1) Subject to subsection (2), if:
(a) a competitor who is
an Australian citizen or a permanent resident was requested by a foreign
sporting organisation to provide a sample for testing; and
(b) the foreign sporting organisation tells the Agency:
(i) that the competitor has refused to provide a sample to the
organisation; or
(ii) that another person has provided a sample to the organisation and has
represented, by pretending to be the competitor, that the sample was provided by
the competitor; or
(iii) the testing of the sample provided by the competitor returned a
positive test result;
the Agency may disclose the information received from the foreign sporting
organisation to any one or more of the persons, organisations or bodies referred
to in paragraphs 17T(2)(a), (b), (c), (d) and (e).
(2) If the foreign sporting organisation is a foreign anti-doping body
that was not an approved anti-doping body when the request for the provision of
the sample was made, subsection (1) does not permit the Agency to disclose the
information received from the anti-doping body unless and until the anti-doping
body is approved under section 66C.
14 After subsection 18(2A)
Insert:
(2B) The Minister may, in writing, request the Agency to give to the
Minister a written notice stating, in respect of each competitor named in the
Minister’s request:
(a) who is not an Australian citizen, a permanent resident or a
temporarily resident non-Australian and has, pursuant to a request by the Agency
under Part 3, provided a sample for testing; or
(b) who, pursuant to a request by the Agency under Part 3A, has provided a
sample for testing;
any information that is stated in the Minister’s request in relation
to the outcome of the Agency’s request to the competitor to provide a
sample.
15 Subsection 18(3)
Omit “or (2A)”, substitute “, (2A) or
(2B)”.
16 Subsections 47(2) and
(3)
Repeal the subsections, substitute:
(2) The first strategic plan prepared after the commencement of this
subsection is to be expressed to relate to the period that began at the end of
the last preceding strategic plan and ends on 30 June 2000, 30 June 2001 or 30
June 2002, as the Minister determines.
(3) Each strategic plan after the strategic plan to which subsection (2)
applies is to relate to a period determined by the Minister (being a period of
3, 4 or 5 years) beginning at the end of the period to which the immediately
preceding strategic plan relates.
17 Subsection 56(2)
Omit “, being terms and conditions that are, as far as practicable,
equivalent to terms and conditions that are applicable to similar employment in
the Australian Public Service”.
18 Section 64
Repeal the section, substitute:
(1) The money of the Agency not immediately required for the purposes of
the Agency may be invested:
(a) on deposit with an approved bank;
(b) in securities of the Commonwealth or of a State or Territory;
(c) in securities guaranteed by the Commonwealth, a State or Territory;
(d) in any other manner approved by the Treasurer.
(2) In this section:
approved bank means:
(a) the Reserve Bank of Australia;
(b) a bank as defined in subsection 5(1) of the Banking Act 1959;
(c) a bank established by or under a State Act;
(d) any other bank that the Treasurer approves in relation to the
Agency.
19 Section 66B
Repeal the section.
20 Subsection 66C(1)
Omit “accord with the procedures contained in the Charter relating to
those matters”, substitute “are satisfactory”.
21 Section 66D
Add at the end:
(2) If such a request is made, the Agency may set out in the request, or
may make a further request to the anti-doping body setting out, any matters
relevant to the request that the Agency thinks appropriate, including the
procedures to be followed for requesting the provision of the sample, collecting
and testing the sample and notifying the results of the testing.
22 After subsection 67(4)
Insert:
(4A) Nothing in this section:
(a) prevents the Agency or an accredited laboratory from disclosing or
communicating to the International Olympic Committee or to an International
Sporting Federation any statistics of test results in respect of samples
provided by people competing, or training to compete, in sporting competition
relevant to the Committee or Federation, as the case may be, provided that the
identity of a competitor whose sample has been tested is not revealed;
or
(b) if the Agency has carried out a test of a sample at the request of, or
under a contract with, a foreign anti-doping body—prevents the Australian
Sports Drug Testing Laboratory from notifying that body and the Agency of the
results of the test; or
(c) if the Agency has carried out a test of a sample under an anti-doping
arrangement—prevents the Australian Sports Drug Testing Laboratory from
notifying the foreign anti-doping body referred to in the arrangement.
23 After section 67
Insert:
A written notice by the Agency to a person or to a sporting organisation
for the purposes of this Act or the regulations may be given:
(a) in respect of a notice to a person:
(i) by delivering it personally to the person; or
(ii) by sending it by post, or by means of a prescribed courier service,
to the person at the address of the person’s place of residence last known
to the Agency; or
(iii) if the person has notified the Agency of a number to which notices
may be sent to the person by facsimile transmission—by sending it to the
person by facsimile transmission to that number; or
(iv) if the notice is to be given to a competitor but cannot be given as
mentioned in subparagraph (i), (ii) or (iii)—by sending by post, or by
means of a prescribed courier service, to the relevant sporting organisation, at
its address last known to the Agency, a written notice (to which the notice to
the competitor is attached in a sealed envelope addressed to the competitor)
requesting the organisation to send the envelope to the competitor; or
(b) in respect of a notice to a sporting organisation:
(i) by sending it by post, or by means of a prescribed courier service, to
the organisation at its address last known to the Agency; or
(ii) if the organisation has notified the Agency of a number to which
notices may be sent to the organisation by facsimile transmission—by
sending it to the organisation by facsimile transmission to that number;
or
(c) in any case—in any other manner prescribed by the
regulations.
If:
(a) a competitor is requested by the Agency to provide a sample;
and
(b) the Agency believes that another person:
(i) has provided a sample and represented, by pretending to be the
competitor, that the sample was provided by the competitor; or
(ii) has otherwise interfered with the provision, collection or testing of
the sample;
the Agency may notify the relevant national sporting organisation of the
circumstances of the other person’s actions as understood by the
Agency.
24 Saving and transitional
provisions
Definitions
(1) In this item, unless the contrary intention appears:
Principal Act means the Australian Sports Drug Agency Act
1990 as in force immediately before the commencement of this
Schedule.
the Agency means the Australian Sports Drug Agency.
Continued application of Principal
Act
(2) Despite the amendments made by this Schedule, the Principal Act
continues to apply in relation to any request for the provision of a sample made
by the Agency to a person before the commencement of this Schedule.
Existing list of competitors
(3) A list maintained by the Agency under subsection 9(3) of the
Principal Act continues in existence as a list kept by the Agency under
subsection 9(3) of that Act as amended by this Schedule.
Existing contracts with foreign sporting
organisations
(4) A contract entered into by the Agency under section 66B of the
Principal Act and in force immediately before the commencement of this Schedule
continues in force as if it had been entered into under section 17X of that Act
as amended by this Schedule, but nothing in such a contract permits the Agency
to notify the results of a testing carried out under the contract except as
permitted by section 17ZA of that Act as so amended.
Existing approvals of foreign anti-doping bodies
(5) An approval of a foreign anti-doping body in force under
subsection 66C(1) of the Principal Act continues in force as if it were an
approval of the body under subsection 66C(1) of that Act as amended by this
Schedule.
Existing regulations to continue in
force
(6) The regulations in force immediately before the commencement of this
Schedule under the Principal Act continue in force as if made under that Act as
amended by this Schedule except to the extent to which they are amended by
regulations coming into force on or after that commencement.