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This is a Bill, not an Act. For current law, see the Acts databases.
1998-99
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Australian
Sports Commission Amendment Bill 1999
No.
, 1999
(Industry, Science and
Resources)
A Bill for an Act to amend the
Australian Sports Commission Act 1989, and for related
purposes
ISBN: 0642 403511
Contents
A Bill for an Act to amend the Australian Sports
Commission Act 1989, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Australian Sports Commission Amendment
Act 1999.
This Act commences on the later of:
(a) the 28th day after the day on which this Act receives the Royal
Assent; or
(b) immediately after the commencement of the Customs Legislation
Amendment Act 1999.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
1 At the end of subsection
7(1)
Add:
; and (r) to co-operate with national and international sporting
organisations in aiming to foster a sporting environment that is free from the
unsanctioned use of performance enhancing drugs and doping methods.
2 After Part VII
Insert:
In this Part, unless the contrary intention appears:
anti-doping policy means any current written policy of the
Commission or a sporting organisation, in respect of performance enhancing drugs
or doping methods.
Commission official means:
(a) a member of the Commission; or
(b) a person employed by the Commission under section 41; or
(c) a consultant engaged by the Commission under section 42; or
(d) the Executive Director; or
(e) the Director.
competitor has the meaning given by section 2 of the
Australian Sports Drug Agency Act 1990.
Customs CEO means the Chief Executive Officer of the
Australian Customs Service referred to in section 4 of the Customs
Administration Act 1985.
doping method includes:
(a) the manipulation or substitution of any of the following:
(i) any human biological fluid;
(ii) any human biological tissue (whether alive or otherwise);
(iii) any human breath;
in a manner that is capable of concealing the use of a performance
enhancing drug by the person concerned; and
(b) the use of a substance in a manner that is capable of concealing the
use of a performance enhancing drug by the person concerned.
protected information means information disclosed to the
Commission under section 16 of the Customs Administration Act
1985.
sporting organisation means an organisation of a particular
country, or a part of a country, or an international organisation,
that:
(a) has control of one or more sports or sporting events; or
(b) organises or administers one or more sports or sporting events;
or
(c) accredits people to take part in sporting competition; or
(d) provides teams to compete in sporting competition; or
(e) trains, or provides finance for, people to take part in sporting
competition.
sports substance means a performance enhancing drug or a
substance that is capable of concealing the use of a performance enhancing
drug.
For the purposes of subsection 16(3A) of the Customs Administration
Act 1985, the Customs CEO cannot authorise the disclosure of information to
the Commission unless the Customs CEO is satisfied that:
(a) the information relates to the importation into Australia, or the
attempted importation into Australia, of a sports substance; and
(b) at least one of the following conditions is satisfied:
(i) the importation or attempted importation contravenes a law of the
Commonwealth;
(ii) there are reasonable grounds to suspect that a competitor is
responsible for the importation or attempted importation;
(iii) there are reasonable grounds to suspect that the substance is for
use by one or more competitors.
For the purposes of subsection 16(9) of the Customs Administration Act
1985, the purpose of the Executive Director determining whether an
anti-doping policy is likely to have been breached is taken to be a permissible
purpose.
(1) A Commission official must not disclose any protected information to a
person who is not a Commission official, except:
(a) as authorised by the Executive Director under section 51E;
or
(b) as required or authorised by any other law.
(2) For the avoidance of doubt, a Commission official is taken to be a
Commonwealth officer for the purposes of section 70 of the Crimes Act
1914.
Note: Section 70 of the Crimes Act 1914 imposes
secrecy obligations on Commonwealth officers.
(1) This section applies if the Executive Director is satisfied
that:
(a) an anti-doping policy of a sporting organisation is likely to have
been breached; and
(b) protected information is likely to assist the organisation in
determining whether to take action in accordance with its anti-doping
policy.
(2) The Executive Director may authorise the disclosure of the protected
information to the organisation if:
(a) a written undertaking has been given by the organisation that the
information will be used only in determining whether action will be taken in
accordance with the anti-doping policy of the organisation; and
(b) a written undertaking has been given by the organisation not to
disclose or communicate the information to any person who is not a party, or
acting on behalf of a party, to the undertaking; and
(c) the Executive Director is satisfied that the disclosure of the
information would not contravene any terms of the authorisation under which the
protected information was disclosed to the Commission.
(3) The Executive Director may specify the manner in which, or the
conditions under which, the disclosure is to be made (including the form in
which the information is to be presented and the mode of transmitting that
information).
(1) If the Executive Director is satisfied that:
(a) an anti-doping policy is likely to have been breached by a competitor
or other person reasonably believed to be covered by the anti-doping policy (the
sporting person); and
(b) information about the sporting person is likely to assist the Customs
CEO in determining whether the importation or attempted importation of a sports
substance relates to a matter set out in paragraph 51B(b);
then the Executive Director may authorise the disclosure of information to
the Australian Customs Service to assist in making that determination.
Note: Information Privacy Principle 11 set out in section 14
of the Privacy Act 1988 limits the disclosure of personal
information.
(2) The Executive Director may specify the manner in which, or the
conditions under which, the disclosure is to be made (including the form in
which the information is to be presented and the mode of transmitting that
information).