Commonwealth Numbered Acts Commonwealth Numbered Acts(1) For the purposes of section 16 of the Customs Administration Act 1985 :
(a) the ASADA is taken to be a Commonwealth agency; and
(b) the ASADA Chair is taken to be the principal officer of that Commonwealth agency; and
(c) if protected information (within the meaning of that section) relates to the importation into Australia, or the attempted importation into Australia, of a prohibited substance (within the meaning of the NAD scheme), and any of the following conditions is satisfied:
(i) the importation or attempted importation contravenes a law of the Commonwealth;
(ii) there are reasonable grounds to suspect that an athlete subject to the NAD scheme, or a support person subject to the NAD scheme, is responsible for the importation or attempted importation;
(iii) there are reasonable grounds to suspect that the prohibited substance is for use by one or more athletes subject to the NAD scheme;
the information is taken to be information that will be used by the ASADA for the purposes of the ASADA’s functions; and
(d) the use or further disclosure of the information for the purpose of:
(i) the ASADA’s administration of the NAD scheme; or
(ii) the performance by the ASADA of its functions under section 68;
is taken to be authorised by law; and
(e) the purpose of the ASADA’s administration of the NAD scheme is taken to be a permissible purpose referred to in a paragraph of subsection 16(9) of the Customs Administration Act 1985 ; and
(f) the purpose of the performance by the ASADA of its functions under section 68 is taken to be a permissible purpose referred to in a paragraph of subsection 16(9) of the Customs Administration Act 1985 ; and
(g) the disclosure of the information, under section 16 of the Customs Administration Act 1985 , to the ASADA Chair, or to a person acting on the ASADA’s behalf:
(i) is taken to be necessary for a permissible purpose mentioned in paragraph (e) or (f); and
(ii) is taken to comply with subsection 16(10) of the Customs Administration Act 1985 .
(2) For the purposes of this Act, protected customs information is information given to the ASADA Chair, or to a person acting on the ASADA’s behalf, under section 16 of the Customs Administration Act 1985 .
(3) The ASADA, in administering the NAD scheme, may have regard to protected customs information.
(4) Subsection (3) does not limit the matters to which the ASADA may have regard.