Commonwealth Consolidated Acts Commonwealth Consolidated ActsIn this Act:
"Advisory Council" means the Sport Integrity Australia Advisory Council established by section 26.
"Advisory Council Chair" means the Chair of the Advisory Council.
"Advisory Council member" means a member of the Advisory Council and includes the Advisory Council Chair.
"anti-doping rules" has the meaning given by the NAD scheme.
"anti-doping rule violation" means a violation of an anti - doping rule.
"anti-doping testing service" means a service for testing one or more athletes for the use of drugs or doping methods, where the testing is by means of testing a sample provided by each athlete.
"ASC" means the Australian Sports Commission.
"ASDMAC" means the Australian Sports Drug Medical Advisory Committee.
"ASDMAC Chair" means the Chair of the Australian Sports Drug Medical Advisory Committee.
"ASDMAC member" means a member of the Australian Sports Drug Medical Advisory Committee, and includes the ASDMAC Chair.
"ASDMAC primary member" means an ASDMAC member referred to in paragraph 53(b).
"ASDMAC review member" means an ASDMAC member referred to in paragraph 53(c).
"athlete" means a person:
(a) who competes in sport or who has at any time in the last 6 months competed in sport; and
(b) who is subject to the NAD scheme.
"Australia" , when used in a geographical sense, includes the external Territories.
"CEO" means the Chief Executive Officer of Sport Integrity Australia appointed in accordance with section 24A.
"civil penalty provision" has the same meaning as in the Regulatory Powers Act.
"constitutional corporation" means a corporation to which paragraph 51(xx) of the Constitution applies.
"contract" includes a deed.
"designated associate" has the meaning given by section 70.
"disclose" means divulge or communicate.
"disclosure notice" has the meaning given by subsection 13A(1).
"doping method" includes:
(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
(b) the use of a substance in a manner that is capable of concealing the use of a drug by the individual concerned; and
(c) a prohibited method within the meaning of the World Anti - Doping Code; and
(d) if the UNESCO Anti - Doping Convention has entered into force for Australia--a prohibited method within the meaning of that Convention.
"drug" includes:
(a) any substance (whether naturally occurring or otherwise); and
(b) a prohibited substance within the meaning of the World Anti - Doping Code; and
(c) if the UNESCO Anti - Doping Convention has entered into force for Australia--a prohibited substance within the meaning of that Convention.
"entrusted person" has the meaning given by section 69.
"foreign country" includes a region where:
(a) the region is a colony, territory or protectorate of a foreign country; or
(b) the region is part of a foreign country; or
(c) the region is under the protection of a foreign country; or
(d) a foreign country exercises jurisdiction or control over the region; or
(e) a foreign country is responsible for the region's international relations.
"foreign sporting organisation" means:
(a) a Department of State of a foreign country, or a government agency in a foreign country, that oversees sport in that country; or
(b) a national sporting organisation of a foreign country; or
(c) an organisation established in a foreign country for the purpose of discouraging or eliminating the use of drugs and doping methods in sport; or
(d) a recognised laboratory in a foreign country ; or
(e) an International Sporting Federation.
"General Anti-Doping Convention" means:
(a) the Anti - Doping Convention, done at Strasbourg on 16 November 1989 [1994] ATS 33; or
(b) if the Convention has been amended by any amendment that has entered into force for Australia--the Convention as so amended.
Note: The text of the Convention is set out in Australian Treaty Series 1994 No. 33. In 2005, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).
"ineligibility" means an athlete or other person being barred on account of an anti - doping rule violation for a specified period of time from participating in any competition or other activity or funding as provided in Article 10.14 of the World Anti - Doping Code.
"International Olympic Committee" means the organisation created by the Congress of Paris on 23 June 1894, being the organisation entrusted with the control and development of the modern Olympic Games.
"International Sporting Federation" , in relation to a particular type of sporting event or sporting activity, means a body having international control over that sport or sporting event.
"International Standard" means a standard adopted by WADA in support of the World Anti - Doping Code, including any technical documents issued pursuant to the standard.
"matter" relating to sports integrity includes a sports doping and safety matter.
"NAD scheme" or National Anti-Doping Scheme means:
(a) the scheme prescribed for the purposes of section 9; or
(b) if the scheme has been amended under section 10--the scheme as so amended.
"national sporting organisation" , in relation to a particular sport, means:
(a) in respect of Australia:
(i) a sporting organisation that is recognised by the International Sporting Federation that has international control over the sport as being the organisation responsible for administering the affairs of the sport, or of a substantial part or section of the sport, in Australia; or
(ii) whether or not there is an International Sporting Federation that has international control over the sport--a sporting organisation that is recognised by the ASC as being responsible for administering the affairs of the sport, or of a substantial part or section of the sport, in Australia; or
(b) in respect of a foreign country:
(i) a sporting organisation that is recognised by the International Sporting Federation that has international control over the sport as being the organisation responsible for administering the affairs of the sport, or of a substantial part or section of the sport, in that country; or
(ii) if there is no International Sporting Federation that has international control over the sport--a sporting organisation that is generally recognised as being responsible for administering the affairs of the sport, or of a substantial part or section of the sport, in that country.
"non-participant" means a person:
(a) who is neither an athlete nor a support person; and
(b) who is bound by a sporting administration body's anti - doping policy.
"protected information" means information that:
(a) was obtained under or for the purposes of this Act or a legislative instrument made under this Act; and
(b) relates to the affairs of a person (other than an entrusted person); and
(c) identifies, or is reasonably capable of being used to identify, the person.
"publish" means publish on the internet or otherwise.
"recognised laboratory" means:
(a) a laboratory that WADA recognises as an accredited laboratory for the purpose of testing for drugs and doping methods in sport; or
(b) a laboratory approved by WADA.
"registered medical practitioner" means a medical practitioner within the meaning of:
(a) for a State or Territory other than Western Australia--the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 (Qld), as it applies (with or without modification) as a law of the State or Territory; or
(b) for Western Australia--the Health Practitioner Regulation National Law (WA) Act 2010 (WA), so far as that Act corresponds to the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 (Qld).
"Regulatory Powers Act" means the Regulatory Powers (Standard Provisions) Act 2014 .
"relevant international anti-doping instrument" means:
(a) the World Anti - Doping Code; or
(b) an International Standard; or
(c) an international agreement to which Australia is a party, if the agreement is prescribed by the regulations for the purposes of this definition.
"sample" means any human biological material.
"sporting administration body" means:
(a) the International Olympic Committee; or
(b) WADA; or
(c) a National Anti - Doping Organization as defined in the World Anti - Doping Code; or
(d) a foreign sporting organisation; or
(e) a national sporting organisation; or
(f) a sporting organisation; or
(g) a tribunal, committee or other investigative body that is associated with a body referred to in one or more of paragraphs ( a) to (f); or
(h) the ASC;
but does not include Sport Integrity Australia .
"sporting competition" means a sporting event or a series of sporting events.
"sporting event" includes any sporting activity.
"sporting organisation" includes an organisation that:
(a) has control in Australia, a foreign country or internationally of one or more sports or sporting events; or
(b) organises or administers one or more sports or sporting events; or
(c) accredits people to take part i n sporting competition; or
(d) provides teams to compete in sporting competition; or
(e) trains, or provides finance for, people to take part i n sporting competition.
"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.
"sports integrity" means the manifestation of the ethics and values that promote community confidence in sport.
"support person" means an athlete support person within the meaning of the World Anti - Doping Code.
"threats" to sports integrity include:
(a) the manipulation of sporting competitions; and
(b) the use of drugs or doping methods in sport; and
(c) the abuse of children and other persons in a sporting environment; and
(d) the failure to protect members of sporting organisations, and other persons in a sporting environment, from bullying, intimidation, discrimination or harassment.
"UNESCO Anti-Doping Convention" means:
(a) the International Convention Against Doping in Sport , adopted by the UNESCO General Conference at Paris on 19 October 2005; or
(b) if the Convention has been amended by any amendment that has entered into force for Australia--the Convention as so amended.
Note: In 2005, the text of the final draft of the UNESCO International Convention Against Doping in Sport was accessible through the UNESCO website (www.unesco.org).
"vacancy" , in relation to:
(a) the office of an Advisory Council member; or
(b) the office of an ASDMAC primary member;
has a meaning affected by section 5.
"violation" means breach.
"Violations List" means the list established under section 19A, as in force from time to time.
"WADA" means the World Anti - Doping Agency established in November 1999 under the law of Switzerland.
Note: WADA was established following a resolution by the World Conference on Doping in Sport convened by the International Olympic Committee in Lausanne in February 1999.
"World Anti-Doping Code" means:
(a) the World Anti - Doping Code adopted by the Foundation Board of WADA on 5 March 2003 at Copenhagen; or
(b) if the Code has been amended--the Code as so amended.
Note: In 2005, the text of the World Anti - Doping Code was accessible through the website of the World Anti - Doping Agency (www.wada - ama.org).