Commonwealth Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

AUSTRALIAN SPORTS ANTI-DOPING AUTHORITY ACT 2006 (NO. 6, 2006) - SECT 21

ASADA’s functions

             (1)  The ASADA has the following functions:

                     (a)  such functions as are conferred on the ASADA by Part 2;

                     (b)  such functions as are conferred on the ASADA by the NAD scheme;

                     (c)  to advise the ASC about sports drug and safety matters that should be included in any agreement under which the ASC gives money to a sporting organisation;

                     (d)  to advise the ASC about recognising a sporting organisation as being responsible for administering the affairs of a sport, or of a substantial part or section of a sport, in Australia;

                     (e)  to support, encourage, develop and implement initiatives that increase the skills and knowledge of people involved in sporting activities about sports drug and safety matters;

                      (f)  to support and encourage the sporting community to develop and implement comprehensive programs, and education initiatives, about sports drug and safety matters;

                     (g)  to support, encourage and conduct research about sports drug and safety matters;

                     (h)  to collect, analyse, interpret and disseminate information about sports drug and safety matters;

                      (i)  to encourage the development of ways for the States and Territories, and sporting organisations, to carry out initiatives about sports drug and safety matters;

                      (j)  to cooperate with the States and Territories, and with sporting organisations, to carry out initiatives about sports drug and safety matters;

                     (k)  to provide the following services under contract on behalf of the Commonwealth:

                              (i)  anti‑doping testing services;

                             (ii)  safety checking services;

                            (iii)  other services (including information technology services) relating to sports drug and safety matters;

                      (l)  to make resources and facilities (including secretariat services and clerical assistance) available to the ASDMAC for the purposes of enabling the ASDMAC to perform its functions;

                    (m)  such other functions as are conferred on the ASADA by this Act or any other law of the Commonwealth;

                     (n)  to advise the Minister about matters relating to any of the above functions;

                     (o)  to do anything incidental to or conducive to the performance of any of the above functions.

Note:          For sports drug and safety matter , see section 4.

Constitutional limits

             (2)  The ASADA may perform its functions only:

                     (a)  for purposes related to external affairs, including:

                              (i)  giving effect to an international agreement to which Australia is a party; and

                             (ii)  addressing matters of international concern; and

                            (iii)  by way of the performance of its functions in a place outside Australia; or

                     (b)  for purposes related to money appropriated for the purposes of the Commonwealth; or

                     (c)  for purposes related to the granting of financial assistance to a State on such terms and conditions as the Parliament thinks fit; or

                     (d)  for purposes related to the executive power of the Commonwealth; or

                     (e)  for purposes related to the collection of statistics; or

                      (f)  in, or for purposes related to, a Territory; or

                     (g)  in a Commonwealth place (within the meaning of the Commonwealth Places (Application of Laws) Act 1970 );

                     (h)  by way of, or for purposes related to, trade and commerce:

                              (i)  between Australia and places outside Australia; or

                             (ii)  among the States; or

                            (iii)  within a Territory, between a State and a Territory or between 2 Territories; or

                      (i)  by way of the provision of:

                              (i)  an anti‑doping testing service; or

                             (ii)  a safety checking service;

                            to a constitutional corporation, where:

                            (iii)  the service involves testing one or more employees of the constitutional corporation; and

                            (iv)  the results of the testing are relevant to the relationship between the constitutional corporation and the employee or employees; or

                      (j)  by way of the provision of a service to a constitutional corporation, where the service is provided to protect the constitutional corporation’s business reputation from being damaged by the use of drugs and/or doping methods in sport; or

                     (k)  in connection with a postal, telegraphic, telephonic or other like service within the meaning of paragraph 51(v) of the Constitution; or

                      (l)  by way of the provision of a service to:

                              (i)  the Commonwealth; or

                             (ii)  an authority of the Commonwealth; or

                    (m)  for purposes related to matters incidental to the execution of any of the legislative powers of the Parliament or the executive power of the Commonwealth; or

                     (n)  by way of the provision of a service, if the provision of the service:

                              (i)  utilises the ASADA’s spare capacity; or

                             (ii)  maintains or improves the specialised technical skills of the ASADA staff in relation to the testing of athletes;

                            and does not impede the ASADA’s capacity to perform its other functions.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback