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This is a Bill, not an Act. For current law, see the Acts databases.
2004
The Parliament of
the
Commonwealth of
Australia
THE
SENATE
Presented and read a first
time
Australian
Sports Commission Amendment Bill 2004
No.
, 2004
(Arts and
Sport)
A Bill for an Act to amend the
Australian Sports Commission Act 1989, and for related
purposes
Contents
Australian Sports Commission Act
1989 3
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 2004.
This Act commences on the day on which it receives the Royal
Assent.
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repealed as set out in the applicable items in the Schedule concerned, and any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.
Australian Sports
Commission Act 1989
1 Section 51A
Insert:
permitted anti-doping purposes has the meaning given by
section 51AA.
2 After section 51A
Insert:
(1) In this Part, permitted anti-doping purposes of a body,
being the Commission or a sporting organisation, means any of the following
purposes:
(a) investigating whether an anti-doping policy of the body has been
breached;
(b) determining whether to take action under an anti-doping policy of the
body;
(c) determining what action to take under an anti-doping policy of the
body;
(d) taking action under an anti-doping policy of the body;
(e) taking, or participating in, any proceedings relating to action that
has been taken under an anti-doping policy of the body.
(2) For the purposes of subsection (1), taking action under the
Commission’s anti-doping policy includes taking action, under an
agreement, in relation to a person who is bound by the Commission’s
anti-doping policy.
3 Section 51C
Omit all the words after “the purpose of”, substitute
“the Executive Director determining if information should be used or
disclosed for permitted anti-doping purposes is taken to be a permissible
purpose referred to in a paragraph of that subsection.”.
4 Paragraph 51D(1)(a)
After “section”, insert “51DA or”.
5 At the end of subsection
51D(1)
Add:
; or (c) if the disclosure is to a person to whom the information relates,
or to someone acting on behalf of such a person.
6 Section 51E
Repeal the section, substitute:
Executive Director may authorise disclosure
(1) The Executive Director may authorise the disclosure of protected
information to a person who is not a Commission official if:
(a) the Executive Director is satisfied that the information should be
disclosed to the person in the course of a permitted anti-doping purpose of the
Commission that is described in paragraph 51AA(1)(d) or (e); and
(b) 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.
Executive Director may specify other conditions etc.
(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).
Section does not limit internal use and disclosure of
information
(3) This section does not limit the internal use of the information by a
Commission official, or the internal disclosure of the information by a
Commission official to another Commission official.
Executive Director may authorise disclosure
(1) The Executive Director may authorise the disclosure of protected
information to a sporting organisation if:
(a) the Executive Director is satisfied that the information should be
disclosed to the organisation for permitted anti-doping purposes of the
organisation; and
(b) the organisation has given a written undertaking that:
(i) the organisation will use or disclose the information only for
permitted anti-doping purposes of the organisation; and
(ii) the organisation will take reasonable steps to satisfy itself that
the information will not be used or disclosed, by a person to whom the
organisation has disclosed the information, in a way that would be unfairly
prejudicial to the interests of the person to whom the information relates;
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; and
(d) the requirements of subsections (2) to (5) are
satisfied.
If the information relates to more than one person, the information cannot
be disclosed unless the requirements of subsections (2) to (5), as they
apply in relation to each of those persons, are satisfied.
Notice to be given to person to whom the information
relates
(2) Before authorising the disclosure of the information to the
organisation, the Executive Director must:
(a) give written notice of the proposed disclosure to the person to whom
the information relates; and
(b) invite the person to make a written submission to the Executive
Director about the proposed disclosure within a period (the submission
period) that is the specified number of days after the day on which the
person receives the notice.
The notice must also advise the person of the effect of
subsection (5).
(3) For the purpose of paragraph (2)(b), the specified number of days
must be:
(a) unless paragraph (b) applies—14 days; or
(b) if the Executive Director considers it appropriate in the
circumstances to specify a lesser number of days—that lesser number of
days.
(4) The information must not be disclosed unless:
(a) the submission period has ended; and
(b) the Executive Director has considered any submission that has been
made within the submission period.
(5) If the Executive Director receives a submission from the person before
the end of the submission period, the Executive Director may, for the purposes
of subsection (4), take the submission period to have ended immediately
after the receipt of the submission.
Executive Director may specify other conditions etc.
(6) 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 the
information).
7 At the end of Part VIIA
Add:
Nothing in this Part limits the operation of the Privacy Act
1988.
8 Application
The amendments made by this Schedule apply in relation to protected
information, whether disclosed to the Commission before, on or after the
commencement of this item.