Commonwealth Numbered Acts Commonwealth Numbered ActsASADA may disclose protected customs information
(1) The functions of the ASADA include disclosing protected customs information to a sporting administration body if:
(a) the ASADA is satisfied that the information should be disclosed to the body for permitted anti‑doping purposes of the body; and
(b) the body has given a written undertaking that:
(i) the body will use or disclose the information only for permitted anti‑doping purposes of the body; and
(ii) the body will take reasonable steps to satisfy itself that the information will not be used or disclosed, by a person to whom the body has disclosed the information, in a way that would be unfairly prejudicial to the interests of the person to whom the information relates; and
(c) the ASADA is satisfied that the disclosure of the information would not contravene any terms of the authorisation under which the information was disclosed to the ASADA Chair, or to a person acting on the ASADA’s behalf, under section 16 of the Customs Administration Act 1985 ; and
(d) the requirements of subsections (2) to (5) are satisfied.
If the information relates to more than one person, the information cannot be disclosed unless the requirements of subsections (2) to (5), as they apply in relation to each of those persons, are satisfied.
Notice to be given to person to whom the information relates
(2) Before disclosing the information to the body, the ASADA must:
(a) give written notice of the proposed disclosure to the person to whom the information relates; and
(b) invite the person to make a written submission to the ASADA about the proposed disclosure within a period (the submission period ) that is the specified number of days after the day on which the person receives the notice.
The notice must also advise the person of the effect of subsection (5).
(3) For the purposes of paragraph (2)(b), the specified number of days must be:
(a) unless paragraph (b) applies—14 days; or
(b) if the ASADA considers it appropriate in the circumstances to specify a lesser number of days—that lesser number of days.
(4) The information must not be disclosed under this section unless:
(a) the submission period has ended; and
(b) the ASADA has considered any submission that has been made within the submission period.
(5) If the ASADA receives a submission from the person before the end of the submission period, the ASADA may, for the purposes of subsection (4), take the submission period to have ended immediately after the receipt of the submission.
ASADA may specify other conditions etc.
(6) The ASADA may specify the manner in which, or the conditions under which, the disclosure is to be made (including the form in which the information is to be presented and the mode of transmitting the information).
Permitted anti‑doping purposes
(7) For the purposes of this Act, each of the following purposes is a permitted anti‑doping purpose of a sporting administration body:
(a) investigating possible breaches of a current policy of the body about drugs and/or doping methods;
(b) determining whether to take action under such a policy of the body;
(c) determining what action to take under such a policy of the body;
(d) taking action under such a policy of the body;
(e) taking, or participating in, any proceedings relating to action that has been taken under such a policy of the body.
Other disclosures
(8) This section does not, by implication, limit the disclosures that may be made for the purposes of the administration of the NAD scheme.