AUSTRALIAN SPORTS ANTI-DOPING AUTHORITY AMENDMENT BILL 2009

i Australian Sports Anti-Doping Authority Amendment Bill 2009 No. , 2009

Contents

1 Short

title

...........................................................................................

2 Commencement

.................................................................................

3 Schedule(s)

........................................................................................

Schedule 1--Governance of ASADA

Part 1--Amendments

Australian Sports Anti-Doping Authority Act 2006

Australian Sports Commission Act 1989

Part 2--Application and transitional provisions

Division 1--Definitions

Division 2--Liabilities and legal proceedings

Division 3--ASADA members

Division 4--References to, and things done by or in relation to, the

ASADA or the ASADA members

Division 5--Transitional arrangements relating to the Anti-Doping

Rule Violation Committee

Division 6--Reporting requirements

Division 7--Miscellaneous

Schedule 2--Other amendments

Australian Sports Anti-Doping Authority Act 2006

Governance of ASADA Schedule 1

Amendments Part 1

Australian Sports Anti-Doping Authority Amendment Bill 2009 No. , 2009 3

Schedule 1--Governance of ASADA

Part 1--Amendments

Australian Sports Anti-Doping Authority Act 2006

1 Section 3

Repeal the section.

2 Section 4

Insert:

ADRVP means the Anti-Doping Rule Violation Panel established

by section 40.

3 Section 4

Insert:

ADRVP Chair means the Chair of the ADRVP.

4 Section 4

Insert:

ADRVP member means a member of the ADRVP, and includes

the ADRVP Chair.

5 Section 4

Insert:

advisory committee means an advisory committee established

under section 24P.

6 Section 4

Insert:

advisory committee member means a member of an advisory

committee.

7 Section 4

Insert:

Schedule 1 Governance of ASADA

Part 1 Amendments

4 Australian Sports Anti-Doping Authority Amendment Bill 2009 No. , 2009

Advisory Group means the Advisory Group of the ASADA

established by section 25.

8 Section 4

Insert:

Advisory Group Chair means the Chair of the Advisory Group.

9 Section 4

Insert:

Advisory Group member means a member of the Advisory Group,

and includes the Advisory Group Chair.

10 Section 4 (definition of ASADA Chair)

Repeal the definition.

11 Section 4 (definition of ASADA Deputy Chair)

Repeal the definition.

12 Section 4 (definition of ASADA member)

Repeal the definition.

13 Section 4 (definition of ASADA staff)

Omit "section 49", substitute "section 24L".

14 Section 4

Insert:

CEO means the Chief Executive Officer of the ASADA appointed

in accordance with section 24A.

15 Section 4 (at the end of the definition of sporting

administration body)

Add ", the Advisory Group or the ADRVP".

16 Section 4 (paragraph (a) of the definition of vacancy)

Repeal the paragraph, substitute:

(a) the office of an Advisory Group member; or

(aa) the office of an ADRVP member; or

Governance of ASADA Schedule 1

Amendments Part 1

Australian Sports Anti-Doping Authority Amendment Bill 2009 No. , 2009 5

17 Paragraph 5(1)(a)

Omit "ASADA member", substitute "Advisory Group member".

18 Subsection 5(1)

Omit "5 offices of ASADA members in addition to the ASADA Chair

and the ASADA Deputy Chair", substitute "6 offices of Advisory

Group members in addition to the Advisory Group Chair".

19 After subsection 5(1)

Insert:

(1A) For the purposes of a reference in:

(a) this Act to a vacancy in the office of an ADRVP member; or

(b)

the

Acts Interpretation Act 1901 to a vacancy in the

membership of a body;

there are taken to be 6 offices of ADRVP members in addition to

the ADRVP Chair.

20 Subsection 11(1)

Omit "ASADA" (first occurring), substitute "CEO".

21 Paragraph 11(1)(b)

Omit "ASADA when it", substitute "CEO when he or she".

22 Subsection 11(2)

Omit "ASADA when it", substitute "CEO when he or she".

23 Paragraph 13(1)(c)

Omit "ASADA" (first occurring), substitute "CEO".

24 Paragraphs 13(1)(d), (e), (f) and (g)

Omit "ASADA", substitute "CEO".

25 Paragraph 13(1)(h)

Omit "ASADA", substitute "ADRVP".

26 After paragraph 13(1)(h)

Insert:

Schedule 1 Governance of ASADA

Part 1 Amendments

6 Australian Sports Anti-Doping Authority Amendment Bill 2009 No. , 2009

(ha) authorise the ADRVP to make recommendations as to the

consequences of such findings; and

27 Paragraph 13(1)(i)

Omit "ASADA", substitute "ADRVP".

28 Paragraph 13(1)(j)

Omit "ASADA", substitute "CEO".

29 Subparagraph 13(1)(j)(ii)

Omit "ASADA's", substitute "ADRVP's".

30 Paragraph 13(1)(k)

Omit "ASADA", substitute "CEO".

31 Subparagraph 13(1)(k)(ii)

Omit "ASADA's", substitute "ADRVP's".

32 Subparagraph 13(1)(k)(iv)

Omit "ASADA's", substitute "CEO's".

33 Paragraph 13(1)(l)

Omit "ASADA", substitute "ADRVP".

34 Subsection 13(1)(m)

Omit "ASADA" (wherever occurring), substitute "CEO".

35 After subparagraph 13(1)(m)(i)

Insert:

(ia) the publication is required by the World Anti-Doping

Code; or

36 Subsection 14(2)

Omit "ASADA" (first occurring), substitute "CEO".

37 Subsection 14(3)

Omit "ASADA" (wherever occurring), substitute "ADRVP".

38 Subsection 14(4)

Governance of ASADA Schedule 1

Amendments Part 1

Australian Sports Anti-Doping Authority Amendment Bill 2009 No. , 2009 7

Omit "ASADA", substitute "ADRVP".

39 Paragraphs 15(1)(b), (c) and (d)

Omit "ASADA", substitute "CEO".

40 Paragraph 15(2)(c)

Omit "giving information, to", substitute "giving information to,".

41 Paragraph 15(2)(d)

Omit "ASADA's", substitute "ADRVP's".

42 Paragraph 18(a)

Repeal the paragraph, substitute:

(a)

the

CEO;

(aa)

the

ADRVP;

43 Subsection 19(1)

Repeal the subsection, substitute:

(1) The NAD scheme may authorise either or both of the following:

(a) the CEO to charge fees for performing his or her functions

under the NAD scheme;

(b) the ASDMAC to charge fees for performing its functions

under the NAD scheme.

44 Part 3 (heading)

Repeal the heading, substitute:

Part 3--ASADA's establishment and function

45 Section 20

Repeal the section, substitute:

20 Establishment of ASADA

The Australian Sports Anti-Doping Authority is established.

Schedule 1 Governance of ASADA

Part 1 Amendments

8 Australian Sports Anti-Doping Authority Amendment Bill 2009 No. , 2009

20A ASADA's constitution

The ASADA consists of:

(a) the CEO; and

(b) the ASADA staff.

Note:

The ASADA does not have a legal identity separate from the

Commonwealth.

20B ASADA's function

The ASADA's function is to assist the CEO in the performance of

his or her functions.

20C ASADA has privileges and immunities of the Crown

The ASADA has the privileges and immunities of the Crown.

Part 3A--Chief Executive Officer

Division 1--CEO's functions and powers

20D Chief Executive Officer

There is to be a Chief Executive Officer of the ASADA.

46 Subsection 21(1)

Omit "ASADA" (first occurring), substitute "CEO".

Note:

The heading to section 21 is altered by omitting "ASADA's" and substituting "CEO's".

47 Paragraphs 21(1)(a) and (b)

Omit "ASADA", substitute "CEO".

48 After paragraph 21(1)(j)

Insert:

(ja) to cooperate with an organisation of a foreign country in the

Oceania region that has functions that are the same as, or

similar to, those of the CEO;

49 After paragraph 21(1)(k)

Insert:

Governance of ASADA Schedule 1

Amendments Part 1

Australian Sports Anti-Doping Authority Amendment Bill 2009 No. , 2009 9

(ka) to make resources and facilities (including secretariat

services and clerical assistance) available to the Advisory

Group for the purposes of enabling the Advisory Group to

perform its function;

(kb) to make resources and facilities (including secretariat

services and clerical assistance) available to the ADRVP for

the purposes of enabling the ADRVP to perform its

functions;

50 Paragraph 21(1)(m)

Omit "ASADA", substitute "CEO".

51 After subsection 21(1)

Insert:

(1A) In performing his or her functions and exercising his or her powers,

the CEO must have regard to the advice and recommendations

given to him or her by the Advisory Group or an advisory

committee.

52 Subsection 21(2)

Omit "ASADA may perform its", substitute "CEO may perform his or

her".

53 Paragraph 21(2)(n)

Omit "the ASADA's capacity to perform its other functions", substitute

"the CEO's capacity to perform his or her other functions".

54 Sections 22 and 23

Repeal the sections, substitute:

22 CEO's powers

The CEO has the power to do all things necessary or convenient to

be done for or in connection with the performance of his or her

functions.

Note:

For the power to enter into contracts etc. on behalf of the

Commonwealth for the benefit of the ASADA, see section 44 of the

Financial Management and Accountability Act 1997 as it applies in

relation to the ASADA as an Agency.

Schedule 1 Governance of ASADA

Part 1 Amendments

10 Australian Sports Anti-Doping Authority Amendment Bill 2009 No. , 2009

55 Subsection 24(1)

Omit "ASADA in relation to the performance of its functions and the

exercise of its powers", substitute "CEO in relation to the performance

of his or her functions and the exercise of his or her powers".

Note:

The heading to section 24 is altered by omitting "ASADA" and substituting "the CEO".

56 Paragraph 24(2)(b)

Omit "ASADA", substitute "CEO under contract on behalf of the

Commonwealth".

57 Subsection 24(3)

Omit "ASADA", substitute "CEO".

58 At the end of section 24

Add:

(4) Subsection (3) does not apply to the extent that the direction relates

to the CEO's performance of functions or exercise of powers under

the Financial Management and Accountability Act 1997 or as an

Agency Head under the Public Service Act 1999.

59 At the end of Part 3

Add:

Division 2--Appointment of CEO

24A Appointment of CEO

(1) The CEO is to be appointed by the Minister, by written instrument,

on a full-time basis.

(2) An Advisory Group member or an ADRVP member is not eligible

for appointment as the CEO.

(3) The appointment of a person as CEO is not invalid because of a

defect or irregularity in connection with the person's appointment.

24B Period of appointment for CEO

The CEO holds office for the period specified in the instrument of

appointment. The period must not exceed 5 years.

Governance of ASADA Schedule 1

Amendments Part 1

Australian Sports Anti-Doping Authority Amendment Bill 2009 No. , 2009 11

Note:

For re-appointment, see subsection 33(4A) of the Acts Interpretation

Act 1901.

24C Acting CEO

(1) The Minister may, by written instrument, appoint a person to act as

CEO:

(a) during a vacancy in the office of CEO (whether or not an

appointment has previously been made to that office); or

(b) during any period, or during all periods, when the CEO:

(i) is absent from duty or from Australia; or

(ii) is, for any reason, unable to perform the duties of the

office.

(2) Anything done by or in relation to a person purporting to act under

an appointment is not invalid merely because:

(a) the occasion for the appointment had not arisen; or

(b) there was a defect or irregularity in connection with the

appointment; or

(d) the occasion to act had not arisen or had ceased.

Note:

See sections 20 and 33A of the Acts Interpretation Act 1901.

Division 3--Terms and conditions for CEO

24D Remuneration

(1) The CEO is to be paid the remuneration that is determined by the

Remuneration Tribunal. If no determination of that remuneration

by the Tribunal is in operation, the CEO is to be paid the

remuneration that is prescribed by the regulations.

(2) The CEO is to be paid the allowances that are prescribed by the

regulations.

(3) This section has effect subject to the Remuneration Tribunal Act

1973.

24E Disclosure of interests

The CEO must give written notice to the Minister of all interests,

pecuniary or otherwise, that the CEO has or acquires and that

Schedule 1 Governance of ASADA

Part 1 Amendments

12 Australian Sports Anti-Doping Authority Amendment Bill 2009 No. , 2009

conflict or could conflict with the proper performance of the

CEO's functions.

Note:

If the CEO attends and participates in a meeting of the Advisory

Group and has an interest, pecuniary or otherwise, in a matter being

considered by the Advisory Group, the CEO must disclose that

interest to the meeting--see section 32.

24F Outside employment

The CEO must not engage in paid employment outside the duties

of his or her office without the Minister's approval.

24G Leave of absence

(1) The CEO has the recreation leave entitlements that are determined

by the Remuneration Tribunal.

(2) The Minister may grant to the CEO leave of absence, other than

recreation leave, on the terms and conditions as to remuneration or

otherwise that the Minister determines in writing.

24H Resignation

(1) The CEO may resign his or her appointment by giving the Minister

a written resignation.

(2) The resignation takes effect on the day on which it is received by

the Minister or, if a later day is specified in the resignation, on that

later day.

24J Termination of appointment

(1) The Minister may terminate the appointment of the CEO for

misbehaviour or physical or mental incapacity.

(2) The Minister may terminate the appointment of the CEO if:

(a)

the

CEO:

(i) becomes bankrupt; or

(ii) applies to take the benefit of any law for the relief of

bankrupt or insolvent debtors; or

(iii) compounds with his or her creditors; or

(iv) makes an assignment of his or her remuneration for the

benefit of his or her creditors; or

Governance of ASADA Schedule 1

Amendments Part 1

Australian Sports Anti-Doping Authority Amendment Bill 2009 No. , 2009 13

(b) the CEO fails, without reasonable excuse, to comply with

section 24E or 32; or

consecutive days or for 28 days in any 12 months; or

(d) the CEO engages, without the Minister's approval, in paid

employment outside the duties of his or her office (see

section 24F); or

(e) the CEO commits an offence against section 71 or 72.

24K Other terms and conditions

The CEO holds office on the terms and conditions (if any) in

relation to matters not covered by this Act that are determined, in

writing, by the Minister.

Division 4--ASADA's staff etc.

24L Staff

(1) The staff of the ASADA are to be persons engaged under the

Public Service Act 1999.

(2) For the purposes of the Public Service Act 1999:

(a) the CEO and the ASADA staff together constitute a Statutory

Agency; and

(b) the CEO is the Head of that Statutory Agency.

24M Persons assisting the CEO

The CEO may be assisted:

(a) by officers and employees of Agencies (within the meaning

of the Public Service Act 1999); or

(b) by officers and employees of authorities of the

Commonwealth;

whose services are made available to the CEO in connection with

the performance of any of his or her functions.

Schedule 1 Governance of ASADA

Part 1 Amendments

14 Australian Sports Anti-Doping Authority Amendment Bill 2009 No. , 2009

Division 5--Delegation

24N Delegation by the CEO

(1) The CEO may, by writing, delegate any or all of his or her

functions and powers to:

(a) a member of the ASADA staff; or

(b) an individual whose services are made available to the CEO

under section 24M; or

official, under the NAD scheme.

(2) Subsection (1) does not apply to the power to make a legislative

instrument amending the NAD scheme.

(3) Paragraph (1)(c) does not apply to a function or power unless it is

conferred by the NAD scheme.

(4) A delegate must comply with any written directions of the CEO.

Division 6--Advisory committees

24P Advisory committees

(1) The CEO may, by writing, establish advisory committees to assist

the CEO in performing any of the CEO's functions.

Note:

For variation and revocation, see subsection 33(3) of the Acts

Interpretation Act 1901.

(2) An advisory committee consists of such Advisory Group members

as the CEO determines.

(3) The CEO must determine, in relation to an advisory committee, the

terms and conditions of appointment of the advisory committee

members.

(4) The CEO may give an advisory committee written directions as to:

(a) the way in which the committee is to carry out its functions;

and

(b) procedures to be followed in relation to meetings.

(5) An instrument made under subsection (1) is not a legislative

instrument.

Governance of ASADA Schedule 1

Amendments Part 1

Australian Sports Anti-Doping Authority Amendment Bill 2009 No. , 2009 15

(6) A direction made under subsection (4) is not a legislative

instrument.

60 Part 4 (heading)

Repeal the heading, substitute:

Part 4--Advisory Group

61 Division 1 of Part 4

Repeal the Division, substitute:

Division 1--Advisory Group's establishment, function and

powers

25 Establishment of Advisory Group

The Advisory Group of the ASADA is established by this section.

25A Advisory Group's function and powers

(1) The Advisory Group's function is, at the request of the CEO, to

provide advice and make recommendations to the CEO on a matter

relating to the CEO's functions.

(2) The Advisory Group has the power to do all things necessary or

convenient to be done for or in connection with the performance of

its function.

(3) To avoid doubt, the Advisory Group cannot give any directions to

the CEO.

62 Division 2 of Part 4 (heading)

Repeal the heading, substitute:

Division 2--Advisory Group's membership

63 Sections 26 and 27

Repeal the sections, substitute:

Schedule 1 Governance of ASADA

Part 1 Amendments

16 Australian Sports Anti-Doping Authority Amendment Bill 2009 No. , 2009

26 Advisory Group's membership

The Advisory Group consists of at least 2, and not more than 7,

members.

27 Appointment of Advisory Group members

(1) Each Advisory Group member is to be appointed by the Minister,

by written instrument, on a part-time basis.

Note:

For re-appointment, see subsection 33(4A) of the Acts Interpretation

Act 1901.

(2) The Minister must not appoint a person as an Advisory Group

member unless:

(a) the Minister is satisfied that the person has appropriate

knowledge or experience, which may include, for example,

knowledge or experience in:

(i) education and training (so as to increase awareness of

sports doping and safety matters); or

(ii) sports medicine; or

(iii) sports law; or

(iv)

ethics;

(v) investigative practices or techniques; and

(b) the person is ordinarily resident in Australia.

(3) The CEO or an ADRVP member is not eligible for appointment as

an Advisory Group member.

(4) The Minister must appoint one Advisory Group member to be the

Advisory Group Chair.

(5) The appointment of a person as an Advisory Group member or as

the Advisory Group Chair is not invalid because of a defect or

irregularity in connection with the person's appointment.

64 Section 28

Omit "ASADA member", substitute "Advisory Group member".

Note:

The heading to section 28 is altered by omitting "ASADA members" and substituting

"Advisory Group members".

65 Section 28

Omit "5 years", substitute "3 years".

Governance of ASADA Schedule 1

Amendments Part 1

Australian Sports Anti-Doping Authority Amendment Bill 2009 No. , 2009 17

66 Subsection 29(1)

Omit "ASADA Chair" (wherever occurring), substitute "Advisory

Group Chair".

Note 1: The heading to section 29 is altered by omitting "ASADA members" and substituting

"Advisory Group members".

Note 2: The heading to subsection 29(1) is altered by omitting "ASADA Chair" and substituting

"Advisory Group Chair".

67 Subsection 29(2)

Omit "ASADA member (other than the ASADA Chair)" (wherever

occurring), substitute "Advisory Group member (other than the

Advisory Group Chair)".

Note:

The heading to subsection 29(2) is altered by omitting "ASADA member (other than

ASADA Chair)" and substituting "Advisory Group member (other than Advisory Group

Chair)".

68 Subsection 29(3)

Repeal the subsection, substitute:

Qualifications

(3) A person is not eligible for appointment to act as:

(a) the Advisory Group Chair; or

(b) an Advisory Group member (other than the Advisory Group

Chair);

unless the person is eligible for appointment as an Advisory Group

member.

Note:

See subsections 27(2) and (3).

69 Division 3 of Part 4 (heading)

Repeal the heading, substitute:

Division 3--Terms and conditions for Advisory Group

members

70 Subsection 30(1)

Omit "ASADA member" (wherever occurring), substitute "Advisory

Group member".

71 Subsection 30(2)

Schedule 1 Governance of ASADA

Part 1 Amendments

18 Australian Sports Anti-Doping Authority Amendment Bill 2009 No. , 2009

Omit "ASADA member", substitute "Advisory Group member".

72 Sections 31, 32, 33, 34 and 35

Repeal the sections, substitute:

31 Disclosure of interests to the Minister

An Advisory Group member must give written notice to the

Minister of all interests, pecuniary or otherwise, that the member

has or acquires and that conflict or could conflict with the proper

performance of the Advisory Group's function.

32 Disclosure of interests to the Advisory Group

(1) An Advisory Group member who has an interest, pecuniary or

otherwise, in a matter being considered or about to be considered

by the Advisory Group must disclose the nature of the interest to a

meeting of the Advisory Group.

(2) The disclosure must be made as soon as possible after the relevant

facts have come to the knowledge of the Advisory Group member.

(3) The disclosure must be recorded in the minutes of the meeting.

(4) Unless the Advisory Group otherwise determines, the Advisory

Group member:

(a) must not be present during any deliberation by the Advisory

Group on the matter; and

(b) must not take part in any decision of the Advisory Group

with respect to the matter.

(5) For the purposes of making a determination under subsection (4),

the Advisory Group member:

(a) must not be present during any deliberation of the Advisory

Group for the purpose of making the determination; and

(b) must not take part in making the determination.

(6) A determination under subsection (4) must be recorded in the

minutes of the meeting.

(7) If the CEO attends and participates in a meeting of the Advisory

Group, this section applies as if a reference to an Advisory Group

member included a reference to the CEO.

Governance of ASADA Schedule 1

Amendments Part 1

Australian Sports Anti-Doping Authority Amendment Bill 2009 No. , 2009 19

33 Outside employment

An Advisory Group member must not engage in any paid

employment that, in the Minister's opinion, conflicts or may

conflict with the proper performance of his or her duties.

34 Leave of absence

(1) The Minister may grant leave of absence to the Advisory Group

Chair on the terms and conditions that the Minister determines.

(2) The Advisory Group Chair may grant leave of absence to any other

Advisory Group member on the terms and conditions that the

Advisory Group Chair determines.

73 Subsection 36(1)

Omit "ASADA member", substitute "Advisory Group member".

74 After subsection 36(1)

Insert:

(1A) The Advisory Group Chair may resign his or her appointment as

the Advisory Group Chair without resigning his or her appointment

as an Advisory Group member.

75 Section 37

Repeal the section, substitute:

37 Termination of appointment

(1) The Minister may terminate the appointment of an Advisory Group

member for misbehaviour or physical or mental incapacity.

(2) The Minister may terminate the appointment of an Advisory Group

member if:

(a) the Advisory Group member:

(i) becomes bankrupt; or

(ii) applies to take the benefit of any law for the relief of

bankrupt or insolvent debtors; or

(iii) compounds with his or her creditors; or

Schedule 1 Governance of ASADA

Part 1 Amendments

20 Australian Sports Anti-Doping Authority Amendment Bill 2009 No. , 2009

(iv) makes an assignment of his or her remuneration for the

benefit of his or her creditors; or

(b) the Advisory Group member fails, without reasonable

excuse, to comply with section 31 or 32; or

that, in the Minister's opinion, conflicts or may conflict with

the proper performance of his or her duties (see section 33);

(d) the Advisory Group member is absent, except on leave of

absence, from 3 consecutive meetings of the Advisory

Group; or

(e) the Advisory Group member commits an offence against

section 71 or 72.

76 Section 38

Omit "ASADA member", substitute "Advisory Group member".

77 At the end of Part 4

Add:

Division 4--Meetings

39 Holding of meetings

Holding meetings

(1) A meeting of the Advisory Group may be convened by the CEO

only. The CEO may convene a meeting at any time.

(2) The CEO may attend and participate in a meeting of the Advisory

Group.

Procedure of meetings

(3) Subject to subsection (5), the CEO may, by writing, determine

matters relating to the operation of the Advisory Group.

(4) Subject to subsection (5), if no determination is in force for the

purposes of subsection (3), the Advisory Group may operate in the

way it determines.

Governance of ASADA Schedule 1

Amendments Part 1

Australian Sports Anti-Doping Authority Amendment Bill 2009 No. , 2009 21

(5) The Advisory Group Chair must ensure that minutes of meetings

are kept.

Legislative instrument

(6) A determination made under subsection (3) is not a legislative

instrument.

78 Parts 5 and 6

Repeal the Parts, substitute:

Part 5--Anti-Doping Rule Violation Panel

Division 1--ADRVP's establishment and functions

40 Establishment of ADRVP

The Anti-Doping Rule Violation Panel is established by this

section.

41 ADRVP's functions

(1) The ADRVP has the following functions:

(a) the functions set out in the NAD scheme;

(b) such other functions as are conferred on the ADRVP by this

Act or any other law of the Commonwealth;

of any of its functions.

Note:

Paragraph (a)--see paragraphs 13(1)(h), (ha), (i) and (l).

Constitutional limits

(2) Subsection 21(2) applies to the functions of the ADRVP in a

corresponding way to the way in which it applies to the functions

of the CEO.

Division 2--ADRVP's membership

42 ADRVP's membership

The ADRVP consists of at least 4, and not more than 7, members.

Schedule 1 Governance of ASADA

Part 1 Amendments

22 Australian Sports Anti-Doping Authority Amendment Bill 2009 No. , 2009

43 Appointment of ADRVP members

(1) Each ADRVP member is to be appointed by the Minister, by

written instrument, on a part-time basis.

(2) The Minister must not appoint a person as an ADRVP member

unless:

(a) the Minister is satisfied that the person has knowledge of, or

experience in, one or more of the following fields:

(i)

sports

medicine;

(ii)

clinical

pharmacology;

(iii)

sports

law;

(iv)

ethics;

(v) investigative practices or techniques; and

(b) the person is ordinarily resident in Australia.

(3) The CEO or an Advisory Group member is not eligible for

appointment as an ADRVP member.

(4) The Minister must appoint one ADRVP member to be the ADRVP

Chair.

(5) The appointment of a person as an ADRVP member or as the

ADRVP Chair is not invalid because of a defect or irregularity in

connection with the person's appointment.

44 Period of appointment for ADRVP members

An ADRVP member holds office for the period specified in the

instrument of appointment. The period must not exceed 3 years.

Note:

For re-appointment, see subsection 33(4A) of the Acts Interpretation

Act 1901.

45 Acting ADRVP members

(1) The Minister may appoint a member to act as the ADRVP Chair:

(a) during a vacancy in the office of the ADRVP Chair, whether

or not an appointment has previously been made to the

office; or

(b) during any period, or during all periods, when the ADRVP

Chair:

(i) is absent from duty or from Australia; or

Governance of ASADA Schedule 1

Amendments Part 1

Australian Sports Anti-Doping Authority Amendment Bill 2009 No. , 2009 23

(ii) is, for any reason, unable to perform the duties of the

office.

(2) The Minister may appoint a person to act as an ADRVP member

(other than the ADRVP Chair):

(a) during a vacancy in the office of an ADRVP member (other

than the ADRVP Chair), whether or not an appointment has

previously been made to the office; or

(b) during any period, or during all periods, when an ADRVP

member (other than the ADRVP Chair):

(i) is absent from duty or from Australia; or

(ii) is, for any reason, unable to perform the duties of the

office.

(3) Anything done by or in relation to a person purporting to act under

an appointment is not invalid merely because:

(a) the occasion for the appointment had not arisen; or

(b) there is a defect or irregularity in connection with the

appointment; or

(d) the occasion to act had not arisen or had ceased.

Note:

See sections 20 and 33A of the Acts Interpretation Act 1901.

Division 3--Terms and conditions for ADRVP members

46 Remuneration

(1) An ADRVP member is to be paid the remuneration that is

determined by the Remuneration Tribunal. If no determination of

that remuneration by the Tribunal is in operation, the ADRVP

member is to be paid the remuneration that is prescribed by the

regulations.

(2) An ADRVP member is to be paid the allowances that are

prescribed by the regulations.

(3) This section has effect subject to the Remuneration Tribunal Act

1973.

Schedule 1 Governance of ASADA

Part 1 Amendments

24 Australian Sports Anti-Doping Authority Amendment Bill 2009 No. , 2009

47 Outside employment

An ADRVP member must not engage in any paid employment

that, in the Minister's opinion, conflicts or may conflict with the

proper performance of his or her duties.

48 Disclosure of interests to the Minister

An ADRVP member must give written notice to the Minister of all

interests, pecuniary or otherwise, that the member has or acquires

and that conflict or could conflict with the proper performance of

the ADRVP's functions.

49 Disclosure of interests to the ADRVP

(1) An ADRVP member who has an interest, pecuniary or otherwise,

in a matter being considered or about to be considered by the

ADRVP must disclose the nature of the interest to a meeting of the

ADRVP.

(2) The disclosure must be made as soon as possible after the relevant

facts have come to the knowledge of the ADRVP member.

(3) The disclosure must be recorded in the minutes of the meeting.

(4) Unless the ADRVP otherwise determines, the ADRVP member:

(a) must not be present during any deliberation by the ADRVP

on the matter; and

(b) must not take part in any decision of the ADRVP with

respect to the matter.

(5) For the purposes of making a determination under subsection (4),

the ADRVP member:

(a) must not be present during any deliberation of the ADRVP

for the purpose of making the determination; and

(b) must not take part in making the determination.

(6) A determination under subsection (4) must be recorded in the

minutes of the meeting.

Governance of ASADA Schedule 1

Amendments Part 1

Australian Sports Anti-Doping Authority Amendment Bill 2009 No. , 2009 25

50 ADRVP member to remain at arm's length from deliberations

and decisions of sporting administration bodies

An ADRVP member must not take part in any deliberations or

decisions of a sporting administration body in relation to a

particular matter if the member has participated in any

deliberations or decisions of the ADRVP in relation to the matter.

50A Leave of absence

(1) The Minister may grant leave of absence to the ADRVP Chair on

the terms and conditions that the Minister determines.

(2) The ADRVP Chair may grant leave of absence to another ADRVP

member on the terms and conditions that the ADRVP Chair

determines.

50B Resignation

(1) An ADRVP member may resign his or her appointment by giving

the Minister a written resignation.

(2) The ADRVP Chair may resign his or her appointment as the

ADRVP Chair without resigning his or her appointment as an

ADRVP member.

(3) The resignation takes effect on the day it is received by the

Minister or, if a later day is specified in the resignation, on that

later day.

50C Termination of appointment

(1) The Minister may terminate the appointment of an ADRVP

member for misbehaviour or physical or mental incapacity.

(2) The Minister may terminate the appointment of an ADRVP

member if:

(a) the ADRVP member:

(i) becomes bankrupt; or

(ii) applies to take the benefit of any law for the relief of

bankrupt or insolvent debtors; or

(iii) compounds with his or her creditors; or

Schedule 1 Governance of ASADA

Part 1 Amendments

26 Australian Sports Anti-Doping Authority Amendment Bill 2009 No. , 2009

(iv) makes an assignment of his or her remuneration for the

benefit of his or her creditors; or

(b) the ADRVP member fails, without reasonable excuse, to

comply with section 48, 49 or 50; or

Minister's opinion, conflicts or may conflict with the proper

performance of his or her duties (see section 47); or

(d) the ADRVP member is absent, except on leave of absence,

from 3 consecutive meetings of the ADRVP; or

(e) the ADRVP member commits an offence against section 71

or 72.

50D Other terms and conditions

An ADRVP member holds office on the terms and conditions (if

any) in relation to matters not covered by this Act that are

determined by the Minister.

Division 4--Meetings

50E Holding of meetings

Holding meetings

(1) The ADRVP is to hold such meetings as are necessary for the

performance of its functions.

Procedure of meetings

(2) Subject to subsection (3), the ADRVP Chair may, by writing,

determine matters relating to the operation of the ADRVP.

(3) The ADRVP Chair must ensure that minutes of meetings are kept.

Legislative instrument

(4) A determination made under subsection (2) is not a legislative

instrument.

79 Paragraph 52(1)(b)

Omit "ASADA", substitute "CEO".

Governance of ASADA Schedule 1

Amendments Part 1

Australian Sports Anti-Doping Authority Amendment Bill 2009 No. , 2009 27

80 Subsection 52(2)

Omit "ASADA", substitute "CEO".

81 Subparagraphs 58(3)(d)(iii) and (iv)

Omit "ASADA", substitute "CEO under contract on behalf of the

Commonwealth".

82 Paragraphs 59(4)(g) and (h)

Omit "ASADA", substitute "CEO under contract on behalf of the

Commonwealth".

83 Paragraph 67(1)(b)

Omit "ASADA Chair", substitute "CEO".

Note:

The heading to section 67 is altered by omitting "ASADA's" and substituting "CEO's".

84 Subparagraph 67(1)(d)(i)

Omit "ASADA's", substitute "CEO's".

85 Subparagraph 67(1)(d)(ii)

Omit "ASADA of its", substitute "CEO of his or her".

86 After paragraph 67(1)(d)

Insert:

(da) the use or further disclosure of the information for the

purpose of the performance by the Advisory Group of its

function, to the extent that the performance of the function

relates to the CEO's administration of the NAD scheme, is

taken to be authorised by law; and

(db) the use or further disclosure of the information for the

purpose of the performance by an advisory committee of its

functions, to the extent that the performance of a function

relates to the CEO's administration of the NAD scheme, is

taken to be authorised by law; and

(dc) the use or further disclosure of the information for the

purpose of the performance by the ADRVP of its functions

under the NAD scheme is taken to be authorised by law; and

87 Paragraph 67(1)(e)

Omit "ASADA's", substitute "CEO's".

Schedule 1 Governance of ASADA

Part 1 Amendments

28 Australian Sports Anti-Doping Authority Amendment Bill 2009 No. , 2009

88 Paragraph 67(1)(f)

Omit "ASADA of its", substitute "CEO of his or her".

89 After paragraph 67(1)(f)

Insert:

(fa) the purpose of the performance by the Advisory Group of its

function, to the extent that the performance of the function

relates to the CEO's administration of the NAD scheme, is

taken to be a permissible purpose referred to in a paragraph

of subsection 16(9) of the Customs Administration Act 1985;

and

(fb) the purpose of the performance by an advisory committee of

its functions, to the extent that the performance of a function

relates to the CEO's administration of the NAD scheme, is

taken to be a permissible purpose referred to in a paragraph

of subsection 16(9) of the Customs Administration Act 1985;

and

(fc) the purpose of the performance by the ADRVP of its

functions under the NAD scheme is taken to be a permissible

purpose referred to in a paragraph of subsection 16(9) of the

Customs Administration Act 1985; and

90 Paragraph 67(1)(g)

Omit "ASADA Chair, or to a person acting on the ASADA's behalf",

substitute "CEO, or to a person acting on the CEO's behalf".

91 Subparagraph 67(1)(g)(i)

Omit "or (f)", substitute ", (f), (fa), (fb) or (fc)".

92 Subsection 67(2)

Omit "ASADA Chair, or to a person acting on the ASADA's behalf",

substitute "CEO, or to a person acting on the CEO's behalf".

93 Subsections 67(3) and (4)

Omit "ASADA", substitute "CEO".

94 At the end of section 67

Add:

Governance of ASADA Schedule 1

Amendments Part 1

Australian Sports Anti-Doping Authority Amendment Bill 2009 No. , 2009 29

(5) The CEO may disclose protected customs information to the

Advisory Group, an advisory committee or the ADRVP for the

purpose of any of those bodies performing a function, to the extent

that the performance of the function relates to the CEO's

administration of the NAD scheme.

(6) When performing a function, the Advisory Group, an advisory

committee or the ADRVP may have regard to protected customs

information.

(7) Subsection (6) does not limit the matters to which the Advisory

Group, an advisory committee or the ADRVP may have regard.

95 Subsection 68(1)

Omit "ASADA" (first occurring), substitute "CEO".

Note:

The heading to subsection 68(1) is altered by omitting "ASADA" and substituting

"CEO".

96 Paragraph 68(1)(a)

Omit "ASADA", substitute "CEO".

97 Paragraph 68(1)(c)

Repeal the paragraph, substitute:

would not contravene any terms of the authorisation under

which the information was disclosed to the CEO, or to a

person acting on the CEO's behalf, under section 16 of the

Customs Administration Act 1985; and

98 Subsection 68(2)

Omit "ASADA" (first occurring), substitute "CEO".

99 Paragraph 68(3)(b)

Omit "ASADA", substitute "CEO".

100 Subsection 68(6)

Omit "ASADA", substitute "CEO".

Note:

The heading to subsection 68(6) is altered by omitting "ASADA" and substituting

"CEO".

101 Paragraph 69(a)

Schedule 1 Governance of ASADA

Part 1 Amendments

30 Australian Sports Anti-Doping Authority Amendment Bill 2009 No. , 2009

Repeal the paragraph, substitute:

(a) the CEO; or

(aa) an Advisory Group member; or

102 Paragraphs 69(c) and (d)

Omit "ASADA", substitute "CEO, the ADRVP".

103 Paragraph 69(e)

Omit "ASADA under section 50", substitute "CEO under section 24M".

104 After paragraph 69(f)

Insert:

(fa) an ADRVP member; or

105 Paragraphs 69(h) and (i)

Repeal the paragraphs, substitute:

(h) an advisory committee member; or

(i) an individual attending a meeting of:

(i) the Advisory Group; or

(ii) an advisory committee.

106 Paragraph 72(2)(g)

Omit "ASADA", substitute "CEO".

107 Subsection 74(1)

Omit "The ASADA", substitute "The CEO".

108 Subsection 74(1)

Omit "ASADA's", substitute "CEO's".

109 Subsection 75(1)

Omit "ASADA" (wherever occurring), substitute "CEO".

Note:

The heading to section 75 is altered by omitting "ASADA" and substituting "CEO".

110 Paragraph 75(1)(a)

Omit "ASADA's", substitute "CEO's".

111 Subsection 75(2)

Governance of ASADA Schedule 1

Amendments Part 1

Australian Sports Anti-Doping Authority Amendment Bill 2009 No. , 2009 31

Omit "ASADA" (wherever occurring), substitute "CEO".

112 Paragraph 75(2)(a)

Omit "ASADA's", substitute "CEO's".

113 Subsection 75(3)

Omit "ASADA", substitute "CEO".

114 Sections 76 and 77

Repeal the sections.

115 Paragraph 78(1)(a)

Repeal the paragraph, substitute:

(a)

the

CEO;

116 Paragraph 78(1)(c)

Omit "ASADA under section 50", substitute "CEO under section 24M".

117 Paragraphs 78(1)(e) and (f)

Omit "ASADA", substitute "CEO".

118 After subsection 78(1)

Insert:

(1A) An Advisory Group member is not liable to an action or other

proceeding for damages for or in relation to an act done or omitted

to be done in good faith:

(a) in the performance or purported performance of the Advisory

Group's function; or

(b) in the exercise or purported exercise of any power of the

Advisory Group; or

committee's function.

(1B) An ADRVP member is not liable to an action or other proceeding

for damages for or in relation to an act done or omitted to be done

in good faith:

(a) in the performance or purported performance of any function

of the ADRVP; or

Schedule 1 Governance of ASADA

Part 1 Amendments

32 Australian Sports Anti-Doping Authority Amendment Bill 2009 No. , 2009

(b) in the exercise or purported exercise of any power of the

ADRVP.

119 Subsection 78(3)

Omit "the ASADA or".

120 Paragraphs 78(3)(a) and (b)

Omit "ASADA", substitute "CEO or the ADRVP".

121 Paragraphs 78(4)(a), (b) and (c)

After "ASADA", insert ", the CEO, the Advisory Group, the ADRVP".

122 Paragraph 78(4)(d)

Omit "in connection with the performance by the ASADA of any of

its", substitute "or the CEO in connection with the performance by the

CEO of any of his or her".

123 After paragraph 78(4)(d)

Insert:

(da) the making of a statement to, or the giving of a document or

information to, the ADRVP in connection with the

performance by the ADRVP of any of its functions under the

NAD scheme;

Australian Sports Commission Act 1989

124 Subsection 7(4A)

Before "Australian", insert "Chief Executive Officer of the".

125 Subsection 57A(1)

Repeal the subsection, substitute:

(1) The Commission may disclose information to the Chief Executive

Officer of the Australian Sports Anti-Doping Authority if the

information:

(a) relates to a sports doping and safety matter (within the

meaning of the Australian Sports Anti-Doping Authority Act

2006); or

Governance of ASADA Schedule 1

Amendments Part 1

Australian Sports Anti-Doping Authority Amendment Bill 2009 No. , 2009 33

(b) is otherwise relevant to the performance of the functions of

the Chief Executive Officer of the Australian Sports

Anti-Doping Authority; or

the Anti-Doping Rule Violation Panel.

Note:

The heading to section 57A is altered by adding at the end "or the Anti-Doping Rule

Violation Panel".

Schedule 1 Governance of ASADA

Part 2 Application and transitional provisions

34 Australian Sports Anti-Doping Authority Amendment Bill 2009 No. , 2009

Part 2--Application and transitional provisions

Division 1--Definitions

126 Definitions

In this Part:

acquisition of property has the same meaning as in paragraph 51(xxxi)

of the Constitution.

ADRVP has the same meaning as in the new law.

Advisory Group member has the same meaning as in the new law.

ASADA means the body corporate continued in existence by section 20

of the old law as a body corporate under the name Australian Sports

Anti-Doping Authority.

ASADA member has the same meaning as in the old law.

CEO has the same meaning as in the new law.

commencement time means the time when this Part commences.

financial liability means a liability to pay a person if the amount, or the

method for working out the amount, has been determined.

instrument:

(a)

includes:

(i) a contract, deed, undertaking or agreement; and

(ii) a notice, authority, order or instruction; and

(iii) an instrument made under an Act or regulations; but

(b) does not include an Act.

just terms has the same meaning as in paragraph 51(xxxi) of the

Constitution.

liability means any liability, duty or obligation, whether actual,

contingent or prospective.

new law means the Australian Sports Anti-Doping Authority Act 2006

as in force immediately after the commencement time.

old law means the Australian Sports Anti-Doping Authority Act 2006 as

in force immediately before the commencement time.

Division 2--Liabilities and legal proceedings

127 Existing financial liabilities

Governance of ASADA Schedule 1

Application and transitional provisions Part 2

Australian Sports Anti-Doping Authority Amendment Bill 2009 No. , 2009 35

Any financial liabilities of the ASADA that exist immediately before

the commencement time are taken, at the commencement time, to be

liabilities of the Commonwealth.

128 Substitution of parties to proceedings

(1)

If any proceedings, other than proceedings referred to in subitem (2), to

which the ASADA was a party were pending in any court or tribunal

immediately before the commencement time, the Commonwealth is

substituted for the ASADA, from the commencement time, as a party to

the proceedings.

(2)

If any proceedings under subsection 14(4) of the old law were pending

in the Administrative Appeals Tribunal immediately before the

commencement time, the ADRVP is substituted for the ASADA, from

the commencement time, as a party to the proceedings.

Division 3--ASADA members

129 ASADA members

A person who is an ASADA member immediately before the

commencement time ceases, immediately after the commencement

time, to hold office as an ASADA member by force of this item.

Division 4--References to, and things done by or in

relation to, the ASADA or the ASADA members

130 Operation of laws--things done by, or in relation to, the

ASADA or the ASADA members

(1)

If, before the commencement time, a thing was done by, or in relation to

the ASADA or the ASADA members, then, for the purposes of the

operation of any law after the commencement time, the thing is taken to

have been done by, or in relation to, the CEO.

(2)

For the purposes of subitem (1), a thing done before the commencement

time under a provision amended by Part 1 of this Schedule or by

Schedule 2 has effect from that time as if it were done under that

provision as amended. However, this is not taken to change the time at

which the thing was actually done.

(3)

The Minister may, by writing, determine that subitem (1):

Schedule 1 Governance of ASADA

Part 2 Application and transitional provisions

36 Australian Sports Anti-Doping Authority Amendment Bill 2009 No. , 2009

(a) does not apply in relation to a specified thing done by, or in

relation to, the ASADA or the ASADA members; or

(b) applies as if the reference in that subitem to the CEO were a

reference to the Commonwealth; or

reference to the ADRVP.

A determination under this subitem has effect accordingly.

(4)

The regulations may provide for a thing specified in a determination

under paragraph (3)(a) to be taken to have been done by, or in relation

to, a person or body other than the CEO, the Commonwealth or the

ADRVP.

(5)

To avoid doubt, for the purposes of this item, doing a thing includes

making an instrument.

(6)

A determination made under subitem (3) is not a legislative instrument.

131 References in instruments

(1) If:

(a) an instrument is in force immediately before the

commencement time; and

(b) the instrument contains a reference to the ASADA or the

ASADA members;

the instrument has effect from the commencement time as if the

reference to the ASADA or the ASADA members, as the case requires,

were a reference to the CEO.

(2)

The Minister may, by writing, determine that subitem (1):

(a) does not apply in relation to a specified reference; or

(b) applies, in relation to a specified reference, as if the reference

in that subitem to the CEO were a reference to the

Commonwealth; or

in that subitem to the CEO were a reference to the ADRVP.

A determination under this subitem has effect accordingly.

(3)

The regulations may provide that an instrument containing a reference

specified in a determination under paragraph (2)(a) has effect from the

commencement time as if the reference were a reference to a person or

body other than the CEO, the Commonwealth or the ADRVP.

Governance of ASADA Schedule 1

Application and transitional provisions Part 2

Australian Sports Anti-Doping Authority Amendment Bill 2009 No. , 2009 37

(4)

A determination made under subitem (2) is not a legislative instrument.

Division 5--Transitional arrangements relating to the

Anti-Doping Rule Violation Committee

132 Members of the ADRVP

(1)

Subject to subitems (2), (3) and (4), a person who was an ASADA

member immediately before the commencement time is taken to have

been duly appointed, immediately after the commencement time, as a

member of the ADRVP by the Minister under section 43 of the new

law.

(2)

Despite section 44 of the new law, a member holds office, after the

commencement time, for the period determined, in writing, by the

Minister.

(3)

Despite Division 3 of Part 5 of the new law, a member holds office,

after the commencement time, on the terms or conditions that are

determined by the Minister.

(4)

Subitem (1) does not apply to a person who is:

(a) the CEO; or

(b) an Advisory Group member.

133 Matters being dealt with by the Anti-Doping Rule

Violation Committee to be dealt with by the ADRVP

If, immediately before the commencement time, the Anti-Doping Rule

Violation Committee was considering a possible violation of the

anti-doping rules, then:

(a) the ADRVP must, if there is such a violation, make findings

relating to the violation; and

(b) a thing done by, or in relation to, the Committee in relation to

the possible violation is taken to have been done by, or in

relation to, the ADRVP.

Division 6--Reporting requirements

134 Reporting requirements

Schedule 1 Governance of ASADA

Part 2 Application and transitional provisions

38 Australian Sports Anti-Doping Authority Amendment Bill 2009 No. , 2009

Reports for periods ending after the commencement time

(1) If:

(a) immediately before the commencement time, a law required

the ASADA or the ASADA members to provide a report

(whether financial statements or otherwise) for a period; and

(b) the period ends after the commencement time;

the CEO must provide the report, as required, for so much of the period

as occurs before the commencement time.

(2) If:

(a) under subitem (1), the CEO is required to provide a report for

a part of a period; and

(b) the ASADA is also required to provide a similar report for

the remainder of the period;

the CEO may meet the requirements in a single report for the period.

Reports for periods ending before the commencement time

(3) If:

(a) a law required the ASADA or the ASADA members to

provide a report (whether financial statements or otherwise)

for a period that ended before the commencement time; and

(b) the report has not been provided by the commencement time;

the CEO must provide the report as required.

Application of law to CEO

(4)

To avoid doubt, if under this item the CEO is required to provide a

report under a law, the law applies to the CEO in respect of the report in

the same way as the law would have applied to the ASADA or the

ASADA members in respect of the report.

Division 7--Miscellaneous

135 Exemption from stamp duty and other State or Territory

taxes

No stamp duty or other tax is payable under a law of a State or Territory

in respect of, or in respect of anything connected with:

(a) the transfer of a liability under this Part; or

(b) the operation of this Part in any other respect.

Governance of ASADA Schedule 1

Application and transitional provisions Part 2

Australian Sports Anti-Doping Authority Amendment Bill 2009 No. , 2009 39

136 Constitutional safety net--acquisition of property

(1)

If the operation of this Part would result in an acquisition of property

from a person otherwise than on just terms, the Commonwealth is liable

to pay a reasonable amount of compensation to the person.

(2)

If the Commonwealth and the person do not agree on the amount of the

compensation, the person may institute proceedings in a court of

competent jurisdiction for the recovery from the Commonwealth of

such reasonable amount of compensation as the court determines.

137 Delegation by Minister

(1)

The Minister may, by writing, delegate all or any of his or her powers

and functions under this Part to the CEO.

(2)

In exercising or performing powers or functions under a delegation, the

CEO must comply with any directions of the Minister.

138 Regulations

(1)

The Governor-General may make regulations prescribing matters:

(a) required or permitted by this Part to be prescribed; or

(b) necessary or convenient to be prescribed for carrying out or

giving effect to this Part.

(2)

The Governor-General may make regulations prescribing matters of a

transitional nature (including prescribing any saving or application

provisions) relating to the amendments or repeals made by Part 1 of this

Schedule.

Schedule 2 Other amendments

40 Australian Sports Anti-Doping Authority Amendment Bill 2009 No. , 2009

Schedule 2--Other amendments

Australian Sports Anti-Doping Authority Act 2006

1 Section 4 (definition of athlete)

Repeal the definition, substitute:

athlete means a participant in a sporting activity who is subject to

the NAD scheme.

2 Section 4 (paragraph (a) of the definition of doping method)

Repeal the paragraph, substitute:

(a) the manipulation or substitution of any human biological

material in a manner that is capable of concealing the use of a

drug by the individual concerned; and

3 Section 4 (subparagraph (a)(ii) of the definition of national

sporting organisation)

Omit ", or is generally recognised,".

4 Section 4 (definition of sample)

Repeal the definition, substitute:

sample means any human biological material.

5 Section 4

Insert:

sports doping and safety matter means:

(a) a matter relating to drugs and/or doping methods in one or

more sporting activities; or

(b) a matter relating to the safety of athletes.

6 Section 4 (definition of sports drug and safety matter)

Repeal the definition.

7 Section 4 (definition of support person)

Repeal the definition, substitute:

Other amendments Schedule 2

Australian Sports Anti-Doping Authority Amendment Bill 2009 No. , 2009 41

support person means an individual who works with or treats one

or more athletes participating in, or preparing for, sporting

activities.

8 Section 9 (note)

Repeal the note, substitute:

Note: For

NAD scheme or National Anti-Doping Scheme, see section 4.

9 Section 10

Repeal the section, substitute:

10 Amending the National Anti-Doping Scheme

(1) The CEO may, by legislative instrument, amend the NAD scheme,

so long as:

(a) the amendment relates to any or all of the following matters:

(i) the classes of athletes who are subject to the NAD

scheme;

(ii) the meaning of support person for the purposes of the

NAD scheme;

(iii) a request to an athlete to keep the CEO informed of

where the athlete can be found;

(iv) the things that an athlete may do before providing a

sample;

(v) the things that the CEO may do with a sample;

(vi) the disclosure of information, other than information

relating to an entry on the register mentioned in

paragraph 13(1)(i), that relates, or appears to relate, to a

person in connection with a possible breach of the

anti-doping rules;

(vii) a matter that is ancillary or incidental to one or more of

the matters mentioned in subparagraphs (i) to (vi); and

(b) the amended NAD scheme is about any or all of the

following matters:

(i) the implementation of the General Anti-Doping

Convention or the UNESCO Anti-Doping Convention;

(ii) a matter that is ancillary or incidental to one or both of

the matters mentioned in subparagraph (i).

Note:

For public consultation requirements, see section 11.

Schedule 2 Other amendments

42 Australian Sports Anti-Doping Authority Amendment Bill 2009 No. , 2009

(2) To avoid doubt, the regulations may also amend the NAD scheme

in relation to a matter mentioned in paragraph (1)(a).

10 Subsection 11(1)

Omit "a section 10 instrument that amends", substitute "an instrument

under subsection 10(1) amending".

11 Paragraph 21(1)(c)

Omit "sports drug and safety matters", substitute "sports doping and

safety matters".

12 Paragraph 21(1)(d)

Repeal the paragraph.

13 Paragraphs 21(1)(e), (f), (g), (h), (i) and (j)

Omit "sports drug and safety matters", substitute "sports doping and

safety matters".

14 Subparagraph 21(1)(k)(iii)

Omit "(including information technology services) relating to sports

drug and safety matters", substitute "(including educational services)

relating to sports doping and safety matters".

15 Subsection 21(1) (note)

Omit "sports drug and safety matter", substitute "sports doping and

safety matter".

16 Subparagraph 52(1)(b)(ii)

Omit "sports drug and safety matters", substitute "sports doping and

safety matters".

17 Paragraph 52(1)(c)

Omit "advice and".

18 Subparagraph 52(1)(c)(i)

Omit "sports drug and safety matters", substitute "sports doping and

safety matters".

19 Paragraph 52(1)(d)

Other amendments Schedule 2

Australian Sports Anti-Doping Authority Amendment Bill 2009 No. , 2009 43

Omit "sports drug and safety matters", substitute "sports doping and

safety matters".

20 Subsection 52(1) (note)

Omit "sports drug and safety matter", substitute "sports doping and

safety matter".

21 After paragraph 71(2)(f)

Insert:

(fa) a disclosure to the body in a State or Territory responsible for

the registration of medical practitioners in that State or

Territory;

(fb) a disclosure to a body in a foreign country responsible for the

registration of medical practitioners in, or in a part of, that

country;

(fc) a disclosure to an authority of the Commonwealth, a State or

a Territory that has functions relating to law enforcement;

(fd) a disclosure to a national regulatory authority of another

country that has national responsibility relating to law

enforcement;

(fe) a disclosure to an international organisation that has

functions relating to law enforcement;

22 After paragraph 72(2)(f)

Insert:

(fa) a disclosure to the body in a State or Territory responsible for

the registration of medical practitioners in that State or

Territory;

(fb) a disclosure to a body in a foreign country responsible for the

registration of medical practitioners in, or in a part of, that

country;

(fc) a disclosure to an authority of the Commonwealth, a State or

a Territory that has functions relating to law enforcement;

(fd) a disclosure to a national regulatory authority of another

country that has national responsibility relating to law

enforcement;

(fe) a disclosure to an international organisation that has

functions relating to law enforcement;

Commonwealth of Australia Bills

AUSTRALIAN SPORTS ANTI-DOPING AUTHORITY AMENDMENT BILL 2009