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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Australian Sports Anti-Doping Authority
Amendment Bill 2014
No. , 2014
(Health)
A Bill for an Act to amend the Australian Sports
Anti-Doping Authority Act 2006, and for related
purposes
No. , 2014
Australian Sports Anti-Doping Authority Amendment Bill 2014
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedule(s) ........................................................................................ 2
Schedule 1--Prohibited association
3
Australian Sports Anti-Doping Authority Act 2006
3
Schedule 2--Australian Sports Drug Medical Advisory
Committee
4
Australian Sports Anti-Doping Authority Act 2006
4
Schedule 3--Violations List
8
Part 1--Amendments
8
Australian Sports Anti-Doping Authority Act 2006
8
Part 2--Application provisions
13
Schedule 4--Information management
14
Part 1--Amendment of the Australian Sports Anti-Doping
Authority Act 2006
14
Part 2--Amendment of the Customs Administration Act 1985
19
Part 3--Application provisions
20
Schedule 5--Other amendments
21
Part 1--Amendments
21
Australian Sports Anti-Doping Authority Act 2006
21
Australian Sports Commission Act 1989
23
Part 2--Application provisions
24
Schedule 6--Simplified outlines
25
Australian Sports Anti-Doping Authority Act 2006
25
No. , 2014
Australian Sports Anti-Doping Authority Amendment Bill 2014
1
A Bill for an Act to amend the Australian Sports
1
Anti-Doping Authority Act 2006, and for related
2
purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Australian Sports Anti-Doping
6
Authority Amendment Act 2014.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
13
2
Australian Sports Anti-Doping Authority Amendment Bill 2014
No. , 2014
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedules 1 to
5
1 January 2015.
1 January 2015
3. Schedule 6
Immediately after the commencement of the
provision(s) covered by table item 2.
1 January 2015
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedule(s)
7
Each Act that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Prohibited association Schedule 1
No. , 2014
Australian Sports Anti-Doping Authority Amendment Bill 2014
3
Schedule 1
--Prohibited association
1
2
Australian Sports Anti-Doping Authority Act 2006
3
1 Section 4 (definition of athlete)
4
Repeal the definition, substitute:
5
athlete means a person who competes in sport and who is subject
6
to the NAD scheme.
7
Note:
The NAD scheme must provide that one or more specified classes of
8
athletes are subject to the NAD scheme (see paragraph 13(1)(a)).
9
2 Section 4 (definition of support person)
10
Repeal the definition, substitute:
11
support person means an athlete support person within the
12
meaning of the World Anti-Doping Code.
13
3 After paragraph 13(1)(f)
14
Insert:
15
(fa) authorise the CEO to notify an athlete or other person that
16
association, in a professional or sport-related capacity, by the
17
athlete or other person with a support person described in
18
Article 2.10.1, 2.10.2 or 2.10.3 of the World Anti-Doping
19
Code may be a possible violation of the anti-doping rules;
20
and
21
Schedule 2 Australian Sports Drug Medical Advisory Committee
4
Australian Sports Anti-Doping Authority Amendment Bill 2014
No. , 2014
Schedule 2
--Australian Sports Drug Medical
1
Advisory Committee
2
3
Australian Sports Anti-Doping Authority Act 2006
4
1 Section 4
5
Insert:
6
ASDMAC primary member means an ASDMAC member referred
7
to in paragraph 53(b).
8
ASDMAC review member means an ASDMAC member referred
9
to in paragraph 53(c).
10
2 Section 4 (paragraph (b) of the definition of vacancy)
11
After "ASDMAC", insert "primary".
12
3 Paragraph 5(2)(a)
13
After "ASDMAC", insert "primary".
14
4 Subsection 5(2)
15
Omit "ASDMAC members in addition to the ASDMAC Chair",
16
substitute "ASDMAC primary members".
17
5 Paragraph 53(b)
18
Omit "other", substitute "primary".
19
6 At the end of section 53
20
Add:
21
; (c) 3 review members.
22
7 After subsection 54(2)
23
Insert:
24
(2AA) At least one person appointed as an ASDMAC primary member
25
must possess general experience in the care and treatment of
26
athletes with impairments.
27
Australian Sports Drug Medical Advisory Committee Schedule 2
No. , 2014
Australian Sports Anti-Doping Authority Amendment Bill 2014
5
8 Subsection 56(2)
1
Repeal the subsection, substitute:
2
Acting ASDMAC primary member
3
(2) The Minister may appoint a person to act as an ASDMAC primary
4
member:
5
(a) during a vacancy in the office of an ASDMAC primary
6
member, whether or not an appointment has previously been
7
made to the office; or
8
(b) during any period, or during all periods, when an ASDMAC
9
primary member:
10
(i) is absent from duty or Australia; or
11
(ii) is, for any reason, unable to perform the duties of the
12
office.
13
Note:
For rules that apply to acting appointments, see section 33A of the
14
Acts Interpretation Act 1901.
15
Acting ASDMAC review member
16
(2A) The Minister may appoint a person to act as an ASDMAC review
17
member:
18
(a) during a vacancy in the office of an ASDMAC review
19
member, whether or not an appointment has previously been
20
made to the office; or
21
(b) during any period, or during all periods, when an ASDMAC
22
review member:
23
(i) is absent from duty or Australia; or
24
(ii) is, for any reason, unable to perform the duties of the
25
office.
26
Note:
For rules that apply to acting appointments, see section 33A of the
27
Acts Interpretation Act 1901.
28
9 Paragraph 56(3)(b)
29
Repeal the paragraph, substitute:
30
(b) an ASDMAC primary member; or
31
(c) an ASDMAC review member;
32
Schedule 2 Australian Sports Drug Medical Advisory Committee
6
Australian Sports Anti-Doping Authority Amendment Bill 2014
No. , 2014
10 After subsection 65(1)
1
Insert:
2
(1A) Regulations made for the purposes of paragraph (1)(b) may make
3
different provision in relation to meetings of any or all of the
4
following ASDMAC members:
5
(a) the ASDMAC Chair;
6
(b) ASDMAC primary members;
7
(c) ASDMAC review members.
8
11 Subsection 65(2)
9
Omit "the ASDMAC if", substitute "ASDMAC members (other than
10
ASDMAC review members) if".
11
12 Paragraphs 65(2)(a) and (b)
12
Before "ASDMAC members" (wherever occurring), insert "those".
13
13 After subsection 65(2)
14
Insert:
15
(2A) A resolution is taken to have been passed at a meeting of
16
ASDMAC review members if:
17
(a) without meeting, a majority of the ASDMAC review
18
members indicate agreement with the resolution in
19
accordance with the method determined by the ASDMAC
20
under subsection (4); and
21
(b) all the ASDMAC review members were informed of the
22
proposed resolution, or reasonable efforts had been made to
23
inform all the ASDMAC review members of the proposed
24
resolution.
25
14 Subsection 65(3)
26
After "(2)(a)", insert "or (2A)(a)".
27
15 Subsection 65(4)
28
After "Subsection (2)", insert "or (2A)".
29
16 Paragraph 65(4)(a)
30
Omit "it", substitute "that subsection".
31
Australian Sports Drug Medical Advisory Committee Schedule 2
No. , 2014
Australian Sports Anti-Doping Authority Amendment Bill 2014
7
17 Paragraph 65(4)(b)
1
After "which", insert "the relevant".
2
18 Transitional
--ASDMAC members
3
If, immediately before the commencement of this Schedule, a person is
4
an ASDMAC member (other than the Chair), the person is taken, on
5
that commencement, to be an ASDMAC primary member.
6
Schedule 3 Violations List
Part 1 Amendments
8
Australian Sports Anti-Doping Authority Amendment Bill 2014
No. , 2014
Schedule 3
--Violations List
1
Part 1
--Amendments
2
Australian Sports Anti-Doping Authority Act 2006
3
1 Section 4
4
Insert:
5
anti-doping rule violation means a violation of an anti-doping rule.
6
2 Section 4 (definition of finding)
7
Repeal the definition.
8
3 Section 4
9
Insert:
10
ineligibility means an athlete or other person being barred on
11
account of an anti-doping rule violation for a specified period of
12
time from participating in any competition or other activity or
13
funding as provided in Article 10.12.1 of the World Anti-Doping
14
Code.
15
Violations List means the list established under section 19A, as in
16
force from time to time.
17
4 Subparagraph 10(1)(a)(vi)
18
Omit "other than information relating to an entry on the register
19
mentioned in paragraph 13(1)(i)", substitute "other than information
20
included in the Violations List".
21
5 Paragraph 13(1)(h)
22
Omit "findings", substitute "assertions".
23
6 Paragraph 13(1)(i)
24
Omit "establish and maintain a register of such findings", substitute
25
"notify the CEO of such assertions".
26
Violations List Schedule 3
Amendments Part 1
No. , 2014
Australian Sports Anti-Doping Authority Amendment Bill 2014
9
7 Paragraph 13(1)(j)
1
Omit "findings on the register mentioned in paragraph (i)", substitute
2
"such assertions".
3
8 Paragraph 13(1)(ja)
4
Omit "findings", substitute "assertions".
5
9 Subparagraph 13(1)(k)(i)
6
Omit "findings on the register", substitute "assertions".
7
10 Paragraph 13(1)(l)
8
Repeal the paragraph.
9
11 Paragraph 13(1)(m)
10
Omit "on and relating to the register", substitute "relating to assertions".
11
12 Subparagraph 13(1)(m)(ia)
12
After "required", insert "or permitted".
13
13 Subsection 14(3)
14
Repeal the subsection, substitute:
15
(3) If the ADRVP proposes to make an assertion relating to an
16
investigation of a possible violation of the anti-doping rules by an
17
athlete or support person:
18
(a) the athlete or support person has a right to be notified in
19
writing about the proposal; and
20
(b) the athlete or support person has a right to make written
21
submissions to the ADRVP about the proposal; and
22
(c) the athlete or support person has a right to be notified in
23
writing of a decision of the ADRVP to make such an
24
assertion.
25
14 Subsection 14(4)
26
Omit "to enter his or her name and particulars on the register mentioned
27
in paragraph 13(1)(i)", substitute "to make an assertion relating to an
28
investigation of a possible violation of the anti-doping rules by the
29
athlete or support person".
30
Schedule 3 Violations List
Part 1 Amendments
10
Australian Sports Anti-Doping Authority Amendment Bill 2014
No. , 2014
15 Paragraphs 15(2)(d) and (e)
1
Omit "findings", substitute "assertions".
2
16 After Part 2
3
Insert:
4
Part 2A--Violations List
5
6
19A Violations List
7
(1) The CEO must establish and maintain a list, to be known as the
8
Violations List.
9
(2) If the CEO becomes aware that an athlete or support person has
10
been sanctioned by a sporting administration body in relation to an
11
anti-doping rule violation, and:
12
(a) the time within which any appeal in relation to the sanction
13
may be instituted has expired, and no such appeal has been
14
instituted; or
15
(b) any appeal in relation to the sanction has been completed; or
16
(c) the athlete or support person has waived his or her right to
17
any appeal in relation to the sanction;
18
the CEO must, within 20 days of becoming so aware, include in the
19
Violations List the information required by subsection (3).
20
(3) The following information is required in relation to an anti-doping
21
rule violation:
22
(a) the name of the athlete or support person;
23
(b) for an athlete:
24
(i) the athlete's date of birth; and
25
(ii) the athlete's sport; and
26
(iii) if the athlete is a member of a team--the team;
27
(c) the nature of the anti-doping rule violation;
28
(d) the date of the anti-doping rule violation;
29
(e) the consequences (within the meaning of the World
30
Anti-Doping Code) of the anti-doping rule violation,
31
including the period of ineligibility (if any) for the
32
anti-doping rule violation.
33
Violations List Schedule 3
Amendments Part 1
No. , 2014
Australian Sports Anti-Doping Authority Amendment Bill 2014
11
(4) The CEO may include in the Violations List any other information
1
he or she considers appropriate.
2
(5) Despite subsection (2), the CEO is not required to include in the
3
Violations List any information in relation to an anti-doping rule
4
violation, if:
5
(a) the anti-doping rule violation:
6
(i) was committed by an individual who was, at the time
7
the anti-doping rule violation was committed, aged
8
under 18; and
9
(ii) is the first anti-doping rule violation committed by the
10
individual of which the CEO is aware; or
11
(b) the CEO is satisfied that the inclusion of the information is
12
likely to prejudice a current investigation into a possible
13
violation of the anti-doping rules; or
14
(c) WADA has authorised the non-inclusion of the information.
15
(6) Information included in the Violations List in relation to an
16
anti-doping rule violation must be removed from the Violations
17
List:
18
(a) if there is a period of ineligibility for the anti-doping rule
19
violation--at the later of the following times:
20
(i) at the end of the period of ineligibility;
21
(ii) at the end of the period of 1 month after its inclusion; or
22
(b) otherwise--1 month after its inclusion.
23
(7) The NAD scheme may make provision for and in relation to either
24
or both of the following:
25
(a) the correction of entries in the Violations List;
26
(b) any other matter relating to the administration or operation of
27
the Violations List.
28
(8) The Violations List is to be made available for public inspection on
29
the internet.
30
(9) The Violations List is not a legislative instrument.
31
17 Paragraph 21(1)(a)
32
Omit "Part 2", substitute "this Act".
33
Schedule 3 Violations List
Part 1 Amendments
12
Australian Sports Anti-Doping Authority Amendment Bill 2014
No. , 2014
18 Paragraph 21(1)(m)
1
Omit "this Act or".
2
19 Subsection 41(1) (note)
3
Omit "(ha), (i) and (l)", substitute "(ha) and (i)".
4
Violations List Schedule 3
Application provisions Part 2
No. , 2014
Australian Sports Anti-Doping Authority Amendment Bill 2014
13
Part 2
--Application provisions
1
20 Application
--findings
2
The:
3
(a) amendments of paragraphs 13(1)(j), (ja), (k) and (m) of the
4
Australian Sports Anti-Doping Authority Act 2006 made by
5
this Schedule; and
6
(b) repeal of paragraph 13(1)(l) of that Act by this Schedule;
7
do not apply in relation to findings included on the register before the
8
commencement of this Schedule.
9
21 Application
--Violations List
10
Section 19A of the Australian Sports Anti-Doping Authority Act 2006,
11
as inserted by this Schedule, applies in relation to anti-doping rule
12
violations of which the CEO becomes aware after the commencement
13
of this Schedule.
14
22 Application
--Administrative Appeals Tribunal review
15
The amendment of subsection 14(4) of the Australian Sports
16
Anti-Doping Authority Act 2006 made by this Schedule does not apply
17
in relation to a decision of the ADRVP made before the commencement
18
of this Schedule.
19
Schedule 4 Information management
Part 1 Amendment of the Australian Sports Anti-Doping Authority Act 2006
14
Australian Sports Anti-Doping Authority Amendment Bill 2014
No. , 2014
Schedule 4
--Information management
1
Part 1
--Amendment of the Australian Sports
2
Anti-Doping Authority Act 2006
3
1 Section 4
4
Repeal the following definitions:
5
(a) definition of contract services personal information;
6
(b) definition of NAD scheme personal information;
7
(c) definition of permitted anti-doping purpose;
8
(d) definition of personal information;
9
(e) definition of protected customs information.
10
2 Section 4
11
Insert:
12
protected information means information that:
13
(a) was obtained under or for the purposes of this Act or a
14
legislative instrument made under this Act; and
15
(b) relates to the affairs of a person (other than an entrusted
16
person); and
17
(c) identifies, or is reasonably capable of being used to identify,
18
the person.
19
3 Paragraph 24J(2)(e)
20
Omit "71 or 72", substitute "67".
21
4 Subsection 24N(1)
22
Omit "(other than the power to give a disclosure notice)".
23
5 Subsection 24N(2)
24
Repeal the subsection, substitute:
25
(2) Subsection (1) does not apply to the following:
26
(a) the power to make a legislative instrument amending the
27
NAD scheme;
28
(b) the power to give a disclosure notice;
29
Information management Schedule 4
Amendment of the Australian Sports Anti-Doping Authority Act 2006 Part 1
No. , 2014
Australian Sports Anti-Doping Authority Amendment Bill 2014
15
(c) the functions and powers of the CEO under Part 8
1
(information management).
2
6 After subsection 24N(3A)
3
Insert:
4
(3B) The CEO may, by writing, delegate any or all of his or her
5
functions or powers under Part 8 to a member of the ASADA staff
6
who is an SES employee or an acting SES employee.
7
7 Paragraphs 37(2)(e), 50C(2)(e) and 63(3)(f)
8
Omit "71 or 72", substitute "67".
9
8 Division 1 of Part 8
10
Repeal the Division, substitute:
11
67 Secrecy
12
(1) A person commits an offence if:
13
(a) the person is, or has been, an entrusted person; and
14
(b) the person obtains protected information in the person's
15
capacity as an entrusted person; and
16
(c) the person discloses the information to another person (other
17
than the person to whom the information relates).
18
Penalty: Imprisonment for 2 years.
19
Exception
20
(2) Subsection (1) does not apply if:
21
(a) the disclosure is authorised by a provision of this Part; or
22
(b) the disclosure is in compliance with a requirement under:
23
(i) a law of the Commonwealth; or
24
(ii) a prescribed law of a State or a Territory.
25
Note:
A defendant bears an evidential burden in relation to a matter in
26
subsection (2) (see subsection 13.3(3) of the Criminal Code).
27
Schedule 4 Information management
Part 1 Amendment of the Australian Sports Anti-Doping Authority Act 2006
16
Australian Sports Anti-Doping Authority Amendment Bill 2014
No. , 2014
Court may not require information
1
(3) Except where it is necessary to do so for the purposes of giving
2
effect to this Act or a legislative instrument made under this Act,
3
an entrusted person is not to be required:
4
(a) to produce to a court or tribunal a document containing
5
protected information; or
6
(b) to disclose protected information to a court or tribunal.
7
68 Disclosure for the purposes of this Act etc.
8
An entrusted person may disclose protected information if:
9
(a) the disclosure is for the purposes of this Act or a legislative
10
instrument made under this Act; or
11
(b) the disclosure is required or permitted by the World
12
Anti-Doping Code; or
13
(c) the disclosure is for the purposes of the performance of the
14
functions or duties, or the exercise of the powers, of the
15
CEO; or
16
(d) the disclosure is for the purposes of the performance of the
17
functions or duties, or the exercise of the powers, of the
18
ADRVP; or
19
(e) the disclosure is for the purposes of the performance of the
20
functions or duties, or the exercise of the powers, of the
21
ASDMAC; or
22
(f) the disclosure is for the purposes of the performance of the
23
functions or duties, or the exercise of the powers, of the
24
Advisory Group.
25
68A Disclosure with consent
26
An entrusted person may disclose protected information if:
27
(a) the person to whom the protected information relates has
28
consented to the disclosure; and
29
(b) the disclosure is in accordance with that consent.
30
Information management Schedule 4
Amendment of the Australian Sports Anti-Doping Authority Act 2006 Part 1
No. , 2014
Australian Sports Anti-Doping Authority Amendment Bill 2014
17
68B Disclosures to certain bodies and persons
1
Disclosures by authorised entrusted persons
2
(1) An entrusted person authorised under subsection (4) may disclose
3
protected information to a body or person referred to in
4
subsection (3) if the CEO is satisfied that the protected information
5
will enable or assist the body or person to perform or exercise any
6
of the functions, duties or powers of the body or person.
7
Disclosures by the CEO
8
(2) The CEO may disclose protected information to a body or person
9
referred to in subsection (3) in the circumstances prescribed by
10
regulation in relation to the body or person.
11
Bodies and persons
12
(3) For the purposes of subsections (1) and (2), the bodies and persons
13
are the following:
14
(a) a Department, agency or authority of the Commonwealth, a
15
State or a Territory;
16
(b) the Australian Federal Police;
17
(c) a police force or police service of a State or Territory;
18
(d) a person who holds an office or appointment under a law of
19
the Commonwealth, a State or a Territory;
20
(e) a body that has responsibility for law enforcement in a
21
foreign country;
22
(f) a body that has responsibility for intelligence gathering for a
23
foreign country;
24
(g) any other body or person prescribed by regulation.
25
Authorisation of entrusted persons
26
(4) The CEO may, in writing, authorise an entrusted person for the
27
purposes of subsection (1).
28
Conditions
29
(5) The CEO may, by writing, impose conditions to be complied with
30
by a body or person in relation to protected information disclosed
31
to the body or person under subsection (1) or (2).
32
Schedule 4 Information management
Part 1 Amendment of the Australian Sports Anti-Doping Authority Act 2006
18
Australian Sports Anti-Doping Authority Amendment Bill 2014
No. , 2014
(6) An instrument under subsection (5) is not a legislative instrument.
1
68C Disclosure to reduce threat to life or health
2
An entrusted person may disclose protected information if:
3
(a) the entrusted person reasonably believes that the disclosure is
4
necessary to prevent or lessen a serious threat to the life or
5
health of an individual; and
6
(b) the disclosure is for the purposes of preventing or lessening
7
that threat.
8
68D Disclosure of publicly available information
9
An entrusted person may disclose protected information if it has
10
already been lawfully made available to the public.
11
68E Disclosure to respond to public comments
12
The CEO may disclose protected information if:
13
(a) the information relates to an athlete or support person; and
14
(b) public comments have been attributed to:
15
(i) the athlete or support person; or
16
(ii) a representative of the athlete or support person; and
17
(c) the disclosure is for the purposes of the ASADA responding
18
to the comments.
19
9 Division 2 of Part 8 (heading)
20
Repeal the heading.
21
10 Sections 71 to 73
22
Repeal the sections.
23
11 Subsection 74(2)
24
Repeal the subsection.
25
Information management Schedule 4
Amendment of the Customs Administration Act 1985 Part 2
No. , 2014
Australian Sports Anti-Doping Authority Amendment Bill 2014
19
Part 2
--Amendment of the Customs Administration
1
Act 1985
2
12 After paragraph 16(9)(ib)
3
Insert:
4
(ic) the administration of the NAD scheme (within the meaning
5
of the Australian Sports Anti-Doping Authority Act 2006);
6
Schedule 4 Information management
Part 3 Application provisions
20
Australian Sports Anti-Doping Authority Amendment Bill 2014
No. , 2014
Part 3
--Application provisions
1
13 Application
--information management
2
The amendments made by this Schedule apply to disclosures of
3
information made after the commencement of this Schedule, whether
4
the information was obtained before or after that commencement.
5
14 Application
--annual report
6
The repeal of subsection 74(2) of the Australian Sports Anti-Doping
7
Authority Act 2006 by this Schedule applies in relation to annual reports
8
for financial years beginning after the commencement of this Schedule.
9
Other amendments Schedule 5
Amendments Part 1
No. , 2014
Australian Sports Anti-Doping Authority Amendment Bill 2014
21
Schedule 5
--Other amendments
1
Part 1
--Amendments
2
Australian Sports Anti-Doping Authority Act 2006
3
1 Section 4 (definition of accredited foreign laboratory)
4
Repeal the definition.
5
2 Section 4 (paragraph (d) of the definition of foreign
6
sporting organisation)
7
Omit "an accredited foreign laboratory", substitute "a recognised
8
laboratory in a foreign country".
9
3 Section 4 (definition of International Standard)
10
Repeal the definition, substitute:
11
International Standard means a standard adopted by WADA in
12
support of the World Anti-Doping Code, including any technical
13
documents issued pursuant to the standard.
14
4 Section 4
15
Insert:
16
recognised laboratory means:
17
(a) a laboratory that WADA recognises as an accredited
18
laboratory for the purpose of testing for drugs and doping
19
methods in sport; or
20
(b) a laboratory approved by WADA.
21
5 Section 4 (definition of registered medical practitioner)
22
Repeal the definition, substitute:
23
registered medical practitioner means a medical practitioner
24
within the meaning of:
25
(a) for a State or Territory other than Western Australia--the
26
Health Practitioner Regulation National Law set out in the
27
Schedule to the Health Practitioner Regulation National Law
28
Schedule 5 Other amendments
Part 1 Amendments
22
Australian Sports Anti-Doping Authority Amendment Bill 2014
No. , 2014
Act 2009 (Qld), as it applies (with or without modification) as
1
a law of the State or Territory; or
2
(b) for Western Australia--the Health Practitioner Regulation
3
National Law (WA) Act 2010 (WA), so far as that Act
4
corresponds to the Health Practitioner Regulation National
5
Law set out in the Schedule to the Health Practitioner
6
Regulation National Law Act 2009 (Qld).
7
6 Section 4 (definition of safety checking service)
8
Repeal the definition.
9
7 Subsection 13(3)
10
Omit "8 years", substitute "10 years".
11
8 Subparagraph 21(1)(k)(ii)
12
Repeal the subparagraph.
13
9 Paragraph 21(2)(i)
14
Repeal the paragraph, substitute:
15
(i) by way of the provision of an anti-doping testing service to a
16
constitutional corporation, where:
17
(i) the service involves testing one or more employees of
18
the constitutional corporation; and
19
(ii) the results of the testing are relevant to the relationship
20
between the constitutional corporation and the employee
21
or employees; or
22
10 Paragraph 24(2)(b)
23
Omit ", or safety checking service,".
24
11 Subparagraph 52(1)(c)(ii)
25
Omit "or safety checking services".
26
12 Subparagraphs 58(3)(d)(iii) and (iv)
27
Omit ", or a safety checking service,".
28
13 Paragraphs 59(4)(g) and (h)
29
Omit ", or safety checking service,".
30
Other amendments Schedule 5
Amendments Part 1
No. , 2014
Australian Sports Anti-Doping Authority Amendment Bill 2014
23
Australian Sports Commission Act 1989
1
14 Subsection 57A(2)
2
Omit "NAD scheme personal information", substitute "protected
3
information".
4
Schedule 5 Other amendments
Part 2 Application provisions
24
Australian Sports Anti-Doping Authority Amendment Bill 2014
No. , 2014
Part 2
--Application provisions
1
15 Application
--statute of limitations
2
The amendment of subsection 13(3) of the Australian Sports
3
Anti-Doping Authority Act 2006 made by this Schedule applies in
4
relation to violations alleged to have occurred on or after 1 January
5
2007.
6
Simplified outlines Schedule 6
No. , 2014
Australian Sports Anti-Doping Authority Amendment Bill 2014
25
Schedule 6
--Simplified outlines
1
2
Australian Sports Anti-Doping Authority Act 2006
3
1 After section 2
4
Insert:
5
3 Simplified outline of this Act
6
This Act requires the making of a scheme called the National
7
Anti-Doping Scheme (known as the NAD scheme). The NAD
8
scheme implements the General Anti-Doping Convention and the
9
UNESCO Anti-Doping Convention. Certain matters must be in the
10
NAD scheme (see Division 2 of Part 2).
11
This Act establishes a body called the Australian Sports
12
Anti-Doping Authority (known as the ASADA). The ASADA
13
assists the CEO of ASADA. The CEO has functions relating to the
14
NAD scheme and other sports doping and safety matters. The CEO
15
also maintains the Violations List, which contains information
16
about certain persons who have been sanctioned in relation to an
17
anti-doping rule violation.
18
This Act also creates an Advisory Group, the Anti-Doping Rule
19
Violation Panel (known as the ADRVP) and the Australian Sports
20
Drug Medical Advisory Committee (known as the ASDMAC).
21
The Advisory Group provides advice and recommendations to the
22
CEO.
23
The ADRVP has various functions, including those conferred on
24
the ADRVP by the NAD scheme (see section 41). The NAD
25
scheme must authorise the ADRVP to make assertions relating to
26
investigations of possible violations of the anti-doping rules, and
27
require the ADRVP to notify the CEO of such assertions.
28
The ASDMAC has various functions, including those conferred on
29
the ASDMAC by the NAD scheme (see section 52). The
30
ASDMAC also gives advice and information to the CEO about
31
Schedule 6 Simplified outlines
26
Australian Sports Anti-Doping Authority Amendment Bill 2014
No. , 2014
sports doping and safety matters, and gives information to sporting
1
administration bodies about individual cases that involve sports
2
doping and safety matters.
3
This Act contains provisions about disclosing information obtained
4
under or for the purposes of this Act or a legislative instrument
5
made under this Act (see Part 8).
6
2 Before Division 1 of Part 2
7
Insert:
8
Division 1A--Simplified outline of this Part
9
8A Simplified outline of this Part
10
The regulations must prescribe a scheme, known as the NAD
11
scheme. The NAD scheme implements the General Anti-Doping
12
Convention and the UNESCO Anti-Doping Convention.
13
Certain matters must be in the NAD scheme (see Division 2). For
14
example, the NAD scheme must:
15
(a)
contain the anti-doping rules; and
16
(b)
authorise the CEO to test samples provided by athletes;
17
and
18
(c)
authorise the CEO to investigate possible violations of
19
the anti-doping rules; and
20
(d)
contain rules (known as sporting administration body
21
rules) that are applicable to certain sporting
22
administration bodies.
23
The NAD scheme must authorise the CEO to give a person a
24
disclosure notice in certain circumstances. A disclosure notice can
25
require a person to attend an interview to answer questions, to give
26
specified information, or to produce specified documents or things.
27
There are consequences for failing to comply with a disclosure
28
notice (see section 13C).
29
The NAD scheme must comply with certain rights of athletes and
30
support persons. These include notification and review rights.
31
Simplified outlines Schedule 6
No. , 2014
Australian Sports Anti-Doping Authority Amendment Bill 2014
27
3 Before section 19A
1
Insert:
2
19AA Simplified outline of this Part
3
This Part requires the CEO to establish and maintain a list, known
4
as the Violations List.
5
If the CEO becomes aware that an athlete or support person has
6
been sanctioned by a sporting administration body in relation to an
7
anti-doping rule violation, the CEO must generally include certain
8
information in the Violations List in relation to the violation.
9
The information includes details about the person, and the nature
10
and consequences of the violation. The CEO may also include
11
other information.
12
The Violations List is to be made available for public inspection on
13
the internet.
14
4 Before section 20
15
Insert:
16
20AA Simplified outline of this Part
17
This Part establishes the Australian Sports Anti-Doping Authority
18
(known as the ASADA).
19
The ASADA's function is to assist the CEO of the ASADA in
20
performing his or her functions.
21
5 Before Division 1 of Part 3A
22
Insert:
23
Schedule 6 Simplified outlines
28
Australian Sports Anti-Doping Authority Amendment Bill 2014
No. , 2014
Division 1A--Simplified outline of this Part
1
20CA Simplified outline of this Part
2
This Part provides for the CEO's appointment and sets out the
3
terms and conditions of appointment.
4
The CEO has various functions, including functions relating to the
5
NAD scheme and other sports doping and safety matters (see
6
section 21).
7
The CEO must have regard to advice and recommendations given
8
to the CEO by the Advisory Group or an advisory committee. The
9
CEO is subject to direction by the Minister.
10
This Part also makes provision for staff of the ASADA and for
11
consultants to assist the CEO.
12
The CEO may delegate his or her functions and powers.
13
6 Before Division 1 of Part 4
14
Insert:
15
Division 1A--Simplified outline of this Part
16
25AA Simplified outline of this Part
17
This Part establishes the Advisory Group of the ASADA. Advisory
18
Group members are appointed by the Minister.
19
The function of the Advisory Group is, at the request of the CEO,
20
to provide advice and make recommendations to the CEO on a
21
matter relating to the CEO's functions.
22
This Part also sets out the terms and conditions of appointment for
23
Advisory Group members, and includes provisions relating to
24
meetings of the Advisory Group.
25
Simplified outlines Schedule 6
No. , 2014
Australian Sports Anti-Doping Authority Amendment Bill 2014
29
7 Before Division 1 of Part 5
1
Insert:
2
Division 1A--Simplified outline of this Part
3
40A Simplified outline of this Part
4
This Part establishes the Anti-Doping Rule Violation Panel (known
5
as the ADRVP). The ADRVP members are appointed by the
6
Minister.
7
The ADRVP has various functions, including the functions set out
8
in the NAD scheme.
9
This Part also sets out the terms and conditions of appointment for
10
ADRVP members, and includes provisions relating to meetings of
11
the ADRVP.
12
8 Before section 50F
13
Insert:
14
50FA Simplified outline of this Part
15
This Part deals with the application of the finance law (within the
16
meaning of the Public Governance, Performance and
17
Accountability Act 2013).
18
9 Before Division 1 of Part 7
19
Insert:
20
Division 1A--Simplified outline of this Part
21
51A Simplified outline of this Part
22
This Part continues the Australian Sports Drug Medical Advisory
23
Committee (known as the ASDMAC). The ASDMAC consists of
24
the Chair, ASDMAC primary members, and ASDMAC review
25
members. ASDMAC members are appointed by the Minister.
26
Schedule 6 Simplified outlines
30
Australian Sports Anti-Doping Authority Amendment Bill 2014
No. , 2014
The ASDMAC has various functions, including:
1
(a)
the functions conferred on the ASDMAC by the NAD
2
scheme; and
3
(b)
giving advice and information to the CEO and the
4
Australian Sports Commission about the performance of
5
the ASDMAC's functions, and about sports doping and
6
safety matters; and
7
(c)
giving information to sporting administration bodies
8
about individual cases that involve sports doping and
9
safety matters; and
10
(d)
providing services relating to sports doping and safety
11
matters under contract on behalf of the Commonwealth.
12
This Part also sets out the terms and conditions of appointment for
13
ASDMAC members, and includes provisions relating to meetings
14
of the ASDMAC.
15
10 Before section 67
16
Insert:
17
67A Simplified outline of this Part
18
This Part contains provisions about the disclosure of protected
19
information.
20
Protected information is information that is obtained under or for
21
the purposes of this Act or a legislative instrument made under this
22
Act, and that relates to the affairs of a person and identifies, or is
23
reasonably capable of being used to identify, the person.
24
It is an offence for the CEO, a member of the ASADA staff or of
25
the ASDMAC or the ADRVP, or certain other persons, to disclose
26
protected information (see section 67).
27
However, it is not an offence if the disclosure is authorised by this
28
Part or is in compliance with a requirement of certain other laws.
29
This Part authorises the disclosure of protected information in
30
certain circumstances, including:
31
(a)
if the disclosure is for the purposes of this Act; or
32
Simplified outlines Schedule 6
No. , 2014
Australian Sports Anti-Doping Authority Amendment Bill 2014
31
(b)
if the disclosure is for the purpose of preventing or
1
lessening a serious threat to the life or health of an
2
individual; or
3
(c)
if the disclosure is by the CEO for the purposes of the
4
ASADA responding to certain public comments.
5
11 Before section 73A
6
Insert:
7
73AA Simplified outline of this Part
8
This Part deals with the use of civil penalties to enforce civil
9
penalty provisions.
10
Civil penalty orders may be sought from a court in relation to
11
contraventions of civil penalty provisions.
12
12 Before section 74
13
Insert:
14
74AA Simplified outline of this Part
15
This Part deals with miscellaneous matters, such as reports and
16
regulations.
17