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AUSTRALIAN SPORTS ANTI-DOPING AUTHORITY ACT 2006 (NO. 6, 2006) - SECT 59

Obligation to disclose interests before deliberating on or deciding a particular matter

Obligation to disclose interests

             (1)  An ASDMAC member (the discloser ) who has an interest that could conflict with the proper performance of the functions of his or her office, as they give him or her a role in the deliberations or decisions of the ASDMAC in relation to a particular matter, must not perform that role in relation to that matter unless:

                     (a)  he or she has disclosed that interest to each of the other ASDMAC members; and

                     (b)  each of those members has consented to the discloser performing that role in relation to that matter despite the possible conflict of interest.

             (2)  An ASDMAC member, other than the ASDMAC Chair, who gives a consent under paragraph (1)(b) must, as soon as practicable, advise the ASDMAC Chair that he or she has given the consent.

             (3)  If an interest is disclosed under subsection (1), the ASDMAC Chair must, as soon as practicable, give the Minister a written notice:

                     (a)  describing the interest and the matter; and

                     (b)  advising the Minister whether the ASDMAC members have consented as mentioned in paragraph (1)(b).

Some types of interests that must be disclosed

             (4)  Without limiting subsection (1), an ASDMAC member is taken to have an interest that could conflict with the proper performance of the functions of his or her office, as they give him or her a role in the deliberations or decisions of the ASDMAC in relation to a particular matter, if:

                     (a)  the member has a material personal interest in the matter; or

                     (b)  the matter concerns a particular sport and the member participates in, or is involved in any way in the administration of, that sport; or

                     (c)  the matter concerns a particular sporting administration body and the member is a member of, or is involved in any way in the administration of, that body; or

                     (d)  the matter concerns a particular sporting event or sporting venue and the member is involved in any way in the administration of that event or venue; or

                     (e)  the matter concerns an athlete who is subject to the NAD scheme, and the member is related to, or has some involvement in the affairs of, that athlete; or

                      (f)  the matter concerns a support person who is subject to the NAD scheme, and the member is related to, or has some involvement in the affairs of, that support person; or

                     (g)  the matter concerns an individual tested under an anti‑doping testing service, or safety checking service, previously provided by the ASADA, and the member is related to, or has some involvement in the affairs of, that individual; or

                     (h)  the matter concerns an individual who could be tested under an anti‑doping testing service, or safety checking service, being provided by the ASADA, and the member is related to, or has some involvement in the affairs of, that individual.

             (5)  Subsection (1) applies to interests:

                     (a)  whether direct or indirect, and whether or not pecuniary; and

                     (b)  whether acquired before or after the discloser’s appointment.

             (6)  Subsection (4) applies to interests whether acquired before or after the discloser’s appointment.



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