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AUSTRALIAN SPORTS ANTI-DOPING AUTHORITY ACT 2006 (NO. 6, 2006) - SECT 47

Delegation by ASADA

             (1)  The ASADA may, by writing, delegate any or all of its functions and powers to:

                     (a)  an ASADA member; or

                     (b)  a committee consisting of 2 or more ASADA members; or

                     (c)  a member of the ASADA staff; or

                     (d)  an individual whose services are made available to the ASADA under section 50; or

                     (e)  an individual appointed as a chaperone, or as a drug testing official, under the NAD scheme.

             (2)  Subsection (1) does not apply to the power to make an instrument amending the NAD scheme.

             (3)  Paragraphs (1)(a), (c), (d) and (e) do not apply to a function or power conferred by the NAD scheme if the function or power is declared by the NAD scheme to be a function or power that can only be delegated to a committee consisting of 2 or more ASADA members.

             (4)  Paragraph (1)(e) does not apply to a function or power unless it is conferred by the NAD scheme.

             (5)  A delegate must comply with any written directions of the ASADA.

             (6)  The ASADA must cause to be kept written records of a decision of a committee consisting of 2 or more ASADA members if:

                     (a)  the committee has been delegated a function or power under paragraph (1)(b); and

                     (b)  the decision relates to the delegated function or power.

             (7)  A record kept under subsection (6) is prima facie evidence that the decision was duly made as recorded if the record is signed by an ASADA member who was a member of the committee at the time when the decision was made.

             (8)  A record kept under subsection (6) is not a legislative instrument.


 



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