Commonwealth Numbered Acts Commonwealth Numbered ActsIn this Act:
"accredited foreign laboratory" means:
(a) a laboratory in a foreign country, where WADA recognises the laboratory as an accredited laboratory for the purpose of testing for drugs and doping methods in sport; or
(b) a laboratory in a foreign country, where a prescribed organisation recognises the laboratory as a laboratory complying with:
(i) the International Standards Organisation’s general requirements for the competence of calibration and testing laboratories; or
(ii) the prescribed requirements.
"anti-doping rules" has the meaning given by paragraph 13(1)(b).
"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.
"ASADA" means the Australian Sports Anti-Doping Authority.
"ASADA Chair" means the Chair of the ASADA.
"ASADA Deputy Chair" means the Deputy Chair of the ASADA.
"ASADA member" means a member of the ASADA, and includes the ASADA Chair and the ASADA Deputy Chair.
"ASADA staff" means the staff described in section 49.
"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.
"athlete" means a participant in a sporting activity.
"Australia" , when used in a geographical sense, includes the external Territories.
"constitutional corporation" means a corporation to which paragraph 51(xx) of the Constitution applies.
"contract services personal information" means personal information that:
(a) is obtained in relation to the provision of services under paragraph 21(1)(k) or 52(1)(d); or
(b) relates to the provision of services under paragraph 21(1)(k) or 52(1)(d).
"designated associate" has the meaning given by section 70.
"disclose" means divulge or communicate.
(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 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.
(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) an accredited foreign laboratory; 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 Internet site (www.austlii.edu.au).
"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) an International Standard that has been adopted by WADA in support of the World Anti‑Doping Code; or
(b) if:
(i) the Standard has been amended; and
(ii) the Standard, as so amended, has been adopted by WADA in support of the World Anti‑Doping Code;
the Standard as so amended.
"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.
"NAD scheme personal information" means personal information that:
(a) is obtained in relation to the administration of the NAD scheme; or
(b) relates to the administration of the NAD scheme.
"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, or is generally recognised, 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.
"permitted anti-doping purpose" has the meaning given by subsection 68(7).
"personal information" has the same meaning as in the Privacy Act 1988 .
"protected customs information" has the meaning given by subsection 67(2).
"publish" means publish on the Internet or otherwise.
"registered medical practitioner" means an individual registered or licensed as a medical practitioner under a law of a State or Territory.
"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.
"safety checking service" means a service for testing one or more athletes for the purpose of ascertaining whether each athlete’s physiological or psychological state makes it unsafe for him or her to participate in a sporting activity, where the testing is by means of testing a sample provided by the athlete.
"sample" means any of the following:
(a) any human biological fluid;
(b) any human biological tissue (whether alive or otherwise);
(c) any human breath.
"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 the ASADA.
"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 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 drug 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.
"support person" means an individual who, in one or more of the following capacities:
(a) coach;
(b) trainer;
(c) manager;
(d) agent;
(e) team staff member;
(f) official;
(g) medical practitioner;
(h) para‑medical practitioner;
works with or treats one or more athletes participating in, or preparing for, sporting activities.
"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 Internet site (www.unesco.org).
(a) the office of an ASADA member; or
(b) the office of an ASDMAC member;
has a meaning affected by section 5.
"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 Internet site of the World Anti‑Doping Agency (www.wada‑ama.org).