AUSTRALIAN SPORTS ANTI-DOPING AUTHORITY BILL 2005

Australian Sports Anti-Doping Authority Bill 2005 No. , 2005 ii

Contents

Part 1--Introduction

1 Short

title ...........................................................................................2

2 Commencement.................................................................................3

3 Simplified

outline ..............................................................................3

4 Definitions.........................................................................................4

When is there a vacancy? ................................................................11

6 Crown

be bound ..........................................................................12

7 Extension

external Territories .....................................................12

8 Extra-territorial application .............................................................12

Part 2--National Anti-Doping Scheme

Division 1--Making and amending the NAD scheme

Making the National Anti-Doping Scheme .....................................13

Amending the National Anti-Doping Scheme.................................13

11 Public

consultation ..........................................................................14

Use of relevant international anti-doping instruments .....................14

Division 2--What must be in the NAD scheme

Anti-doping rules etc. relating to certain athletes and support

persons.............................................................................................15

14 Rights

athletes

and support persons ............................................16

15 Sporting

administration body rules..................................................17

Matters required by the regulations .................................................18

Division 3--Miscellaneous

NAD scheme may deal with other matters ......................................19

18 Decisions

under

the NAD scheme ...................................................19

19 Fees .................................................................................................19

Part 3--ASADA's establishment, functions, powers and

liabilities

20 Establishment ..................................................................................20

21 ASADA's

functions.........................................................................20

22 ASADA's

powers............................................................................23

ASADA's financial liabilities are Commonwealth liabilities ..........23

Minister may give directions to ASADA.........................................23

Part 4--ASADA's constitution and membership

Division 1--ASADA's constitution

25 ASADA's

constitution.....................................................................25

iii Australian Sports Anti-Doping Authority Bill 2005 No. , 2005

Division 2--ASADA's membership

26 ASADA's

membership....................................................................26

27 Appointment

ASADA members..................................................26

28 Period

appointment

for ASADA members..................................26

29 Acting

ASADA

members................................................................26

Division 3--Terms and conditions for ASADA members

30 Remuneration ..................................................................................29

Standing obligation to disclose interests..........................................29

Obligation to disclose interests before deliberating on or

deciding a particular matter .............................................................30

ASADA member to remain at arm's length from

deliberations and decisions of sporting administration bodies.........32

34 Outside

employment........................................................................32

35 Leave

absence .............................................................................32

36 Resignation......................................................................................32

37 Termination

of appointment ............................................................33

Other terms and conditions..............................................................33

Part 5--Decision-making and delegation by ASADA

Division 1--Meetings

39 Holding

meetings ........................................................................34

40 Presiding

at meetings.......................................................................34

41 Quorum............................................................................................34

Voting at meetings etc. ....................................................................35

43 Conduct

meetings........................................................................35

44 Minutes............................................................................................35

Division 2--Decisions without meetings

45 Decisions

without meetings.............................................................36

46 Record

decisions .........................................................................36

Division 3--Delegation

47 Delegation

by ASADA....................................................................37

Division 4--Advisory committees

48 Advisory

committees.......................................................................39

Part 6--ASADA's staff etc.

49 Staff .................................................................................................40

50 Persons

assisting ASADA ...............................................................40

Australian Sports Anti-Doping Authority Bill 2005 No. , 2005 iv

Part 7--Australian Sports Drug Medical Advisory Committee

Division 1--ASDMAC's establishment and functions

51 Establishment

of ASDMAC ............................................................41

52 ASDMAC's

functions .....................................................................41

Division 2--ASDMAC's membership

53 ASDMAC's

membership ................................................................43

54 Appointment

ASDMAC members ..............................................43

55 Period

appointment

for ASDMAC members ..............................43

56 Acting

ASDMAC members.............................................................44

Division 3--Terms and conditions for ASDMAC members

57 Remuneration ..................................................................................46

Standing obligation to disclose interests..........................................46

Obligation to disclose interests before deliberating on or

deciding a particular matter .............................................................47

ASDMAC member to remain at arm's length from

deliberations and decisions of sporting administration bodies.........49

61 Leave

absence .............................................................................49

62 Resignation......................................................................................49

63 Termination

of appointment ............................................................49

Other terms and conditions..............................................................50

Division 4--Decision-making and delegation by ASDMAC

65 Decision-making by ASDMAC.......................................................51

66 Delegation

by ASDMAC.................................................................52

Part 8--Information management

Division 1--Access to, and use of, customs information

ASADA's access to, and use of, customs information ....................53

Disclosing protected customs information to sporting

administration bodies.......................................................................54

Division 2--Protection of personal information

69 Entrusted

persons.............................................................................57

70 Designated

associates ......................................................................57

Protection of NAD scheme personal information............................58

Protection of contract services personal information.......................59

73 Operation

Privacy Act 1988 is not affected.................................60

Part 9--Other matters

74 Annual

report...................................................................................61

Minister may require ASADA to prepare reports or give

information ......................................................................................61

Introduction Part 1

Section 2

Australian Sports Anti-Doping Authority Bill 2005 No. , 2005 3

2 Commencement

(1) Each provision of this Act specified in column 1 of the table

commences, or is taken to have commenced, in accordance with

column 2 of the table. Any other statement in column 2 has effect

according to its terms.

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and

2 and anything in

this Act not

elsewhere covered

by this table

The day on which this Act receives the

Royal Assent.

2. Sections 3 to

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not

commence within the period of 6 months

beginning on the day on which this Act

receives the Royal Assent, they commence

on the first day after the end of that period.

Note:

This table relates only to the provisions of this Act as originally

passed by the Parliament and assented to. It will not be expanded to

deal with provisions inserted in this Act after assent.

(2) Column 3 of the table contains additional information that is not

part of this Act. Information in this column may be added to or

edited in any published version of this Act.

3 Simplified outline

The following is a simplified outline of this Act:

�

This Act sets up the Australian Sports Anti-Doping Authority

(the ASADA).

�

There is to be a National Anti-Doping Scheme (the NAD

scheme), which is to be administered by the ASADA.

Part 1 Introduction

Section 4

4 Australian Sports Anti-Doping Authority Bill 2005 No. , 2005

�

The ASADA has other functions relating to sports drug and

safety matters.

�

This Act sets up the Australian Sports Drug Medical Advisory

Committee (the ASDMAC).

4 Definitions

In 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.

Introduction Part 1

Section 4

Australian Sports Anti-Doping Authority Bill 2005 No. , 2005 5

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 includes a deed.

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.

doping method includes:

(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

Part 1 Introduction

Section 4

6 Australian Sports Anti-Doping Authority Bill 2005 No. , 2005

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.

drug includes:

(a) any substance (whether naturally occurring or otherwise);

and

(b) a prohibited substance within the meaning of the World

Anti-Doping Code; and

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

(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

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:

Introduction Part 1

Section 4

Australian Sports Anti-Doping Authority Bill 2005 No. , 2005 7

(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.

Part 1 Introduction

Section 4

8 Australian Sports Anti-Doping Authority Bill 2005 No. , 2005

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;

(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.

Introduction Part 1

Section 4

Australian Sports Anti-Doping Authority Bill 2005 No. , 2005 9

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

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;

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.

Part 1 Introduction

Section 4

10 Australian Sports Anti-Doping Authority Bill 2005 No. , 2005

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

(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.

Introduction Part 1

Section 5

Australian Sports Anti-Doping Authority Bill 2005 No. , 2005 11

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).

vacancy, in relation to:

(a) the office of an ASADA member; or

(b) the office of an ASDMAC member;

has a meaning affected by section 5.

violation means breach.

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).

5 When is there a vacancy?

(1) For the purposes of a reference in:

(a) this Act to a vacancy in the office of an ASADA member; or

(b)

the

Acts Interpretation Act 1901 to a vacancy in the

membership of a body;

there are taken to be 5 offices of ASADA members in addition to

the ASADA Chair and the ASADA Deputy Chair.

(2) For the purposes of a reference in:

(a) this Act to a vacancy in the office of an ASDMAC member;

(b)

the

Acts Interpretation Act 1901 to a vacancy in the

membership of a body;

there are taken to be 6 offices of ASDMAC members in addition to

the ASDMAC Chair.

National Anti-Doping Scheme Part 2

Making and amending the NAD scheme Division 1

Section 9

Australian Sports Anti-Doping Authority Bill 2005 No. , 2005 13

Part 2--National Anti-Doping Scheme

Division 1--Making and amending the NAD scheme

9 Making the National Anti-Doping Scheme

The regulations must prescribe a scheme about any or all of the

following matters:

(a) the implementation of the General Anti-Doping Convention;

(b) if the UNESCO Anti-Doping Convention has entered into

force for Australia--the implementation of that Convention;

Note:

Section 4 provides that NAD scheme or National Anti-Doping

Scheme means:

(a)

the scheme prescribed for the purposes of this section; or

(b)

if the scheme has been amended under section 10--the scheme

as so amended.

10 Amending the National Anti-Doping Scheme

(1) The ASADA may, by legislative instrument, amend the NAD

scheme, so long as the amended NAD scheme is about any or all of

the following matters:

(a) the implementation of the General Anti-Doping Convention;

(b) if the UNESCO Anti-Doping Convention has entered into

force for Australia--the implementation of that Convention;

Note:

For public consultation requirements, see section 11.

(2) The ASADA may, under subsection (1), amend the NAD scheme:

(a) to implement the UNESCO Anti-Doping Convention, if that

Convention enters into force for Australia after the

commencement of this section; or

(b) to implement amendments of the UNESCO Anti-Doping

Convention, if those amendments enter into force for

Australia after the commencement of this section; or

Part 2 National Anti-Doping Scheme

Division 1 Making and amending the NAD scheme

Section 11

14 Australian Sports Anti-Doping Authority Bill 2005 No. , 2005

Convention, if those amendments enter into force for

Australia after the commencement of this section.

(3) Subsection (2) does not limit subsection (1).

(4) The regulations must not amend or repeal the NAD scheme after

the commencement of this section.

11 Public consultation

(1) Before making a section 10 instrument that amends the NAD

scheme, the ASADA must:

(a) publish a draft of the instrument and invite people to make

submissions to the ASADA on the draft; and

(b) consider any submissions that are received within the time

limit specified by the ASADA when it published the draft.

(2) The time limit specified by the ASADA when it publishes the draft

must be at least 28 days after the day of publication.

(3) A failure to comply with this section does not affect the validity of

the instrument.

12 Use of relevant international anti-doping instruments

(1) The NAD scheme may make provision in relation to a matter by

applying, adopting or incorporating, with or without modification,

any matter contained in a relevant international anti-doping

instrument:

(a) as in force or existing at a particular time; or

(b) as in force or existing from time to time.

(2) Subsection (1) has effect despite anything in subsection 14(2) of

the Legislative Instruments Act 2003.

(3) Subsection (1) has effect subject to sections 9 and 10.

National Anti-Doping Scheme Part 2

What must be in the NAD scheme Division 2

Section 13

Australian Sports Anti-Doping Authority Bill 2005 No. , 2005 15

Division 2--What must be in the NAD scheme

13 Anti-doping rules etc. relating to certain athletes and support

persons

(1) The NAD scheme must:

(a) provide that one or more specified classes of athletes and

support persons are subject to the NAD scheme; and

(b) contain rules (the anti-doping rules) applicable to athletes

and support persons; and

ASADA informed of where the athlete can be found; and

(d) authorise the ASADA to request an athlete to provide a

sample; and

(e) authorise the ASADA to test, or arrange the testing of,

samples so provided; and

(f) authorise the ASADA to investigate possible violations of the

anti-doping rules; and

(g) authorise the ASADA to disclose information obtained

during such investigations for the purposes of, or in

connection with, such investigations; and

(h) authorise the ASADA to make findings relating to such

investigations; and

(i) require the ASADA to establish and maintain a register of

such findings; and

(j) authorise the ASADA to notify athletes, support persons and

sporting administration bodies of:

(i) findings on the register mentioned in paragraph (i); and

(ii) the ASADA's recommendations as to the consequences

of such findings; and

(k) authorise the ASADA to present:

(i) findings on the register mentioned in paragraph (i); and

(ii) the ASADA's recommendations as to the consequences

of such findings;

at hearings of the Court of Arbitration for Sport and other

sporting tribunals, either:

Part 2 National Anti-Doping Scheme

Division 2 What must be in the NAD scheme

Section 14

16 Australian Sports Anti-Doping Authority Bill 2005 No. , 2005

(iii) at the request of a sporting administration body; or

(iv) on the ASADA's own initiative; and

(l) authorise the ASADA to make entries on, or remove entries

from, the register mentioned in paragraph (i); and

(m) authorise the ASADA to publish information on and relating

to the register mentioned in paragraph (i) if:

(i) the ASADA considers the publication to be in the public

interest; or

(ii) the athlete or support person to whom the information

relates has consented to the publication;

and the other conditions (if any) specified in the NAD

scheme for the purposes of this paragraph are satisfied.

Note:

The NAD scheme may make different provision with respect to

different matters or different classes of matters (see subsection 33(3A)

of the Acts Interpretation Act 1901).

(2) The anti-doping rules may deal with matters arising before or after

the commencement of this section.

14 Rights of athletes and support persons

(1) The NAD scheme must comply with the rights of athletes and

support persons set out in subsections (2) to (4).

Rights

(2) An athlete has a right to be notified orally, or in writing, of the

possible consequences of a failure to comply with a request by the

ASADA:

(a) to provide a sample; or

(b) to keep the ASADA informed of where the athlete can be

found.

(3) If the ASADA proposes to enter the name and particulars of an

athlete, or support person, on the register mentioned in paragraph

13(1)(i):

(a) the athlete or support person has a right to be notified in

writing about the proposal; and

National Anti-Doping Scheme Part 2

What must be in the NAD scheme Division 2

Section 15

Australian Sports Anti-Doping Authority Bill 2005 No. , 2005 17

(b) the athlete or support person has a right to make written

submissions to the ASADA about the proposal; and

writing of a decision of the ASADA to make such an entry

on the register.

(4) An athlete or support person has a right to apply to the

Administrative Appeals Tribunal for review of a decision of the

ASADA to enter his or her name and particulars on the register

mentioned in paragraph 13(1)(i).

Waiver of rights

(5) The NAD scheme may allow an athlete or support person to waive

a right under the NAD scheme. However, the NAD scheme must

not allow waiver of a right to apply to a court, tribunal or other

body or person for review of a decision under the NAD scheme.

15 Sporting administration body rules

(1) The NAD scheme must:

(a) contain rules (the sporting administration body rules) that:

(i) are applicable to one or more specified sporting

administration bodies; and

(ii) relate to the anti-doping rules; and

(b) authorise the ASADA to monitor the compliance by sporting

administration bodies with the sporting administration body

rules; and

such compliance by sporting administration bodies other than

the ASC; and

(d) authorise the ASADA to publish reports about the extent of

compliance by sporting administration bodies with the

sporting administration body rules.

Note:

The NAD scheme may make different provision with respect to

different matters or different classes of matters (see subsection 33(3A)

of the Acts Interpretation Act 1901).

(2) The following are examples of sporting administration body rules:

Part 2 National Anti-Doping Scheme

Division 2 What must be in the NAD scheme

Section 16

18 Australian Sports Anti-Doping Authority Bill 2005 No. , 2005

(a) rules about promoting compliance with the anti-doping rules

by athletes and support persons;

(b) rules about referring possible violations of the anti-doping

rules to the ASADA;

in relation to investigations of possible violations of the

anti-doping rules;

(d) rules about taking action in response to the ASADA's

findings relating to such investigations;

(e) rules about hearings and appeals arising from such findings.

16 Matters required by the regulations

The regulations may provide that the NAD scheme must deal with

specified matters.

National Anti-Doping Scheme Part 2

Miscellaneous Division 3

Section 17

Australian Sports Anti-Doping Authority Bill 2005 No. , 2005 19

Division 3--Miscellaneous

17 NAD scheme may deal with other matters

Division 2 does not limit the matters in relation to which the NAD

scheme may make provision.

18 Decisions under the NAD scheme

The NAD scheme may make provision in relation to a matter by

conferring a power to make a decision of an administrative

character on any or all of the following:

(a)

the

ASADA;

(b)

the

ASDMAC;

paragraph.

19 Fees

(1) The NAD scheme may authorise the ASADA and/or the

ASDMAC to charge fees for performing their functions under the

NAD scheme.

(2)

fee:

(a) must not be such as to amount to taxation; and

(b) is payable to the Commonwealth.

Part 3 ASADA's establishment, functions, powers and liabilities

Section 20

20 Australian Sports Anti-Doping Authority Bill 2005 No. , 2005

Part 3--ASADA's establishment, functions, powers

and liabilities

20 Establishment

(1) This section applies to the body corporate established by section 6

of the Australian Sports Drug Agency Act 1990.

(2) That body corporate continues in existence by force of this section

as a body corporate, under and subject to the provisions of this Act,

under the name Australian Sports Anti-Doping Authority.

Note:

See also section 25B of the Acts Interpretation Act 1901.

21 ASADA's functions

(1) The ASADA has the following functions:

(a) such functions as are conferred on the ASADA by Part 2;

(b) such functions as are conferred on the ASADA by the NAD

scheme;

should be included in any agreement under which the ASC

gives money to a sporting organisation;

(d) to advise the ASC about recognising a sporting organisation

as being responsible for administering the affairs of a sport,

or of a substantial part or section of a sport, in Australia;

(e) to support, encourage, develop and implement initiatives that

increase the skills and knowledge of people involved in

sporting activities about sports drug and safety matters;

(f) to support and encourage the sporting community to develop

and implement comprehensive programs, and education

initiatives, about sports drug and safety matters;

(g) to support, encourage and conduct research about sports drug

and safety matters;

(h) to collect, analyse, interpret and disseminate information

about sports drug and safety matters;

ASADA's establishment, functions, powers and liabilities Part 3

Section 21

Australian Sports Anti-Doping Authority Bill 2005 No. , 2005 21

(i) to encourage the development of ways for the States and

Territories, and sporting organisations, to carry out initiatives

about sports drug and safety matters;

(j) to cooperate with the States and Territories, and with sporting

organisations, to carry out initiatives about sports drug and

safety matters;

(k) to provide the following services under contract on behalf of

the Commonwealth:

(i) anti-doping testing services;

(ii) safety checking services;

(iii) other services (including information technology

services) relating to sports drug and safety matters;

(l) to make resources and facilities (including secretariat

services and clerical assistance) available to the ASDMAC

for the purposes of enabling the ASDMAC to perform its

functions;

(m) such other functions as are conferred on the ASADA by this

Act or any other law of the Commonwealth;

(n) to advise the Minister about matters relating to any of the

above functions;

(o) to do anything incidental to or conducive to the performance

of any of the above functions.

Note: For

sports drug and safety matter, see section 4.

Constitutional limits

(2) The ASADA may perform its functions only:

(a) for purposes related to external affairs, including:

(i) giving effect to an international agreement to which

Australia is a party; and

(ii) addressing matters of international concern; and

(iii) by way of the performance of its functions in a place

outside Australia; or

(b) for purposes related to money appropriated for the purposes

of the Commonwealth; or

a State on such terms and conditions as the Parliament thinks

fit; or

Part 3 ASADA's establishment, functions, powers and liabilities

Section 21

22 Australian Sports Anti-Doping Authority Bill 2005 No. , 2005

(d) for purposes related to the executive power of the

Commonwealth; or

(e) for purposes related to the collection of statistics; or

(f) in, or for purposes related to, a Territory; or

(g) in a Commonwealth place (within the meaning of the

Commonwealth Places (Application of Laws) Act 1970);

(h) by way of, or for purposes related to, trade and commerce:

(i) between Australia and places outside Australia; or

(ii) among the States; or

(iii) within a Territory, between a State and a Territory or

between 2 Territories; or

(i) by way of the provision of:

(i) an anti-doping testing service; or

(ii) a safety checking service;

to a constitutional corporation, where:

(iii) the service involves testing one or more employees of

the constitutional corporation; and

(iv) the results of the testing are relevant to the relationship

between the constitutional corporation and the employee

or employees; or

(j) by way of the provision of a service to a constitutional

corporation, where the service is provided to protect the

constitutional corporation's business reputation from being

damaged by the use of drugs and/or doping methods in sport;

(k) in connection with a postal, telegraphic, telephonic or other

like service within the meaning of paragraph 51(v) of the

Constitution; or

(l) by way of the provision of a service to:

(i) the Commonwealth; or

(ii) an authority of the Commonwealth; or

(m) for purposes related to matters incidental to the execution of

any of the legislative powers of the Parliament or the

executive power of the Commonwealth; or

(n) by way of the provision of a service, if the provision of the

service:

(i) utilises the ASADA's spare capacity; or

ASADA's establishment, functions, powers and liabilities Part 3

Section 22

Australian Sports Anti-Doping Authority Bill 2005 No. , 2005 23

(ii) maintains or improves the specialised technical skills of

the ASADA staff in relation to the testing of athletes;

and does not impede the ASADA's capacity to perform its

other functions.

22 ASADA's powers

(1) The ASADA has power to do all things necessary or convenient to

be done for or in connection with the performance of its functions,

other than the power:

(a) to acquire, hold and dispose of real and personal property; or

(b) to enter into contracts; or

purposes of the ASADA.

Note:

For the power to enter into contracts etc. on behalf of the

Commonwealth for the benefit of the ASADA, see section 44 of the

Financial Management and Accountability Act 1997 as it applies in

relation to the ASADA as an Agency.

(2) A right to sue is taken not to be personal property for the purposes

of paragraph (1)(a).

23 ASADA's financial liabilities are Commonwealth liabilities

(1) Any financial liabilities of the ASADA are taken to be liabilities of

the Commonwealth.

(2) For the purposes of this section:

financial liability means a liability to pay a person an amount,

where the amount, or the method for working out the amount, has

been determined.

24 Minister may give directions to ASADA

(1) The Minister may, by legislative instrument, give directions to the

ASADA in relation to the performance of its functions and the

exercise of its powers.

Note:

For variation and revocation, see subsection 33(3) of the Acts

Interpretation Act 1901.

ASADA's constitution and membership Part 4

ASADA's constitution Division 1

Section 25

Australian Sports Anti-Doping Authority Bill 2005 No. , 2005 25

Part 4--ASADA's constitution and membership

Division 1--ASADA's constitution

25 ASADA's constitution

(1)

The

ASADA:

(a) is a body corporate with perpetual succession; and

(b) must have a seal; and

(2) The seal of the ASADA is to be kept in such custody as the

ASADA directs and must not be used except as authorised by the

ASADA.

(3) All courts, judges and persons acting judicially must:

(a) take judicial notice of the imprint of the seal of the ASADA

appearing on a document; and

(b) presume that the document was duly sealed.

Part 4 ASADA's constitution and membership

Division 2 ASADA's membership

Section 26

26 Australian Sports Anti-Doping Authority Bill 2005 No. , 2005

Division 2--ASADA's membership

26 ASADA's membership

The ASADA consists of the following members:

(a)

Chair;

(b) a Deputy Chair;

27 Appointment of ASADA members

(1) Each ASADA member is to be appointed by the Minister by

written instrument.

Note:

For re-appointment, see subsection 33(4A) of the Acts Interpretation

Act 1901.

(2) The Minister must not appoint a person as an ASADA member

unless the Minister is satisfied that the person has qualifications

relevant to, or special experience or interest in, a field related to the

ASADA's functions.

(3) The ASADA Chair holds office on a full-time basis.

(4) An ASADA member, other than the ASADA Chair, holds office

on a part-time basis.

28 Period of appointment for ASADA members

An ASADA member holds office for the period specified in his or

her instrument of appointment. The period must not exceed 5

years.

Note:

For re-appointment, see subsection 33(4A) of the Acts Interpretation

Act 1901.

29 Acting ASADA members

Acting ASADA Chair

(1) The Minister may appoint a person to act as the ASADA Chair:

ASADA's constitution and membership Part 4

ASADA's membership Division 2

Section 29

Australian Sports Anti-Doping Authority Bill 2005 No. , 2005 27

(a) during a vacancy in the office of the ASADA Chair, whether

or not an appointment has previously been made to the

office; or

(b) during any period, or during all periods, when the ASADA

Chair:

(i) is absent from duty or Australia; or

(ii) is, for any reason, unable to perform the duties of the

office.

Acting ASADA member (other than ASADA Chair)

(2) The Minister may appoint a person to act as an ASADA member

(other than the ASADA Chair):

(a) during a vacancy in the office of an ASADA member (other

than the ASADA Chair), whether or not an appointment has

previously been made to the office; or

(b) during any period, or during all periods, when an ASADA

member (other than the ASADA Chair):

(i) is absent from duty or Australia; or

(ii) is, for any reason, unable to perform the duties of the

office.

Qualifications

(3) A person is not eligible for appointment to act as:

(a) the ASADA Chair; or

(b) an ASADA member (other than the ASADA Chair);

unless the person is eligible for appointment as an ASADA

member.

Note:

See subsection 27(2).

Validation

(4) Anything done by or in relation to a person purporting to act under

an appointment is not invalid merely because:

(a) the occasion for the appointment had not arisen; or

(b) there was a defect or irregularity in connection with the

appointment; or

ASADA's constitution and membership Part 4

Terms and conditions for ASADA members Division 3

Section 30

Australian Sports Anti-Doping Authority Bill 2005 No. , 2005 29

Division 3--Terms and conditions for ASADA members

30 Remuneration

(1) An ASADA member is to be paid the remuneration that is

determined by the Remuneration Tribunal. If no determination of

that remuneration by the Tribunal is in operation, the ASADA

member is to be paid the remuneration that is prescribed in the

regulations.

(2) An ASADA member is to be paid the allowances that are

prescribed in the regulations.

(3) This section has effect subject to the Remuneration Tribunal Act

1973.

31 Standing obligation to disclose interests

Obligation to disclose interests

(1) An ASADA member must disclose any interest he or she has if that

interest could conflict with the proper performance of the functions

of his or her office. Disclosure is required whether or not there is

any particular matter under consideration that gives rise to an

actual conflict of interest.

(2) The disclosure must be by notice in writing given to the Minister,

and to each of the other ASADA members, as soon as practicable

after the member becomes aware of the potential for conflict of

interest.

Some types of interests that must be disclosed

(3) Without limiting subsection (1), an ASADA member is taken to

have an interest that could conflict with the proper performance of

the functions of his or her office if he or she:

(a) participates in, or is involved in any way in the

administration of, a sport; or

Part 4 ASADA's constitution and membership

Division 3 Terms and conditions for ASADA members

Section 32

30 Australian Sports Anti-Doping Authority Bill 2005 No. , 2005

(b) is a member of, or is involved in any way in the

administration of, a sporting administration body; or

event or sporting venue; or

(d) is related to, or has some involvement in the affairs of:

(i) an athlete who is subject to the NAD scheme; or

(ii) a support person who is subject to the NAD scheme; or

(iii) an individual tested under an anti-doping testing service,

or a safety checking service, previously provided by the

ASADA; or

(iv) an individual who could be tested under an anti-doping

testing service, or a safety checking service, being

provided by the ASADA.

(4) Subsections (1) and (3) apply to interests:

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

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

32 Obligation to disclose interests before deliberating on or deciding

a particular matter

Obligation to disclose interests

(1) An ASADA 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 ASADA 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

ASADA 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 ASADA member, other than the ASADA Chair, who gives a

consent under paragraph (1)(b) must, as soon as practicable, advise

the ASADA Chair that he or she has given the consent.

ASADA's constitution and membership Part 4

Terms and conditions for ASADA members Division 3

Section 32

Australian Sports Anti-Doping Authority Bill 2005 No. , 2005 31

(3) If an interest is disclosed under subsection (1), the ASADA 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 ASADA members have

consented as mentioned in paragraph (1)(b).

Some types of interests that must be disclosed

(4) Without limiting subsection (1), an ASADA 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 ASADA 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

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:

Part 4 ASADA's constitution and membership

Division 3 Terms and conditions for ASADA members

Section 33

32 Australian Sports Anti-Doping Authority Bill 2005 No. , 2005

(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.

33 ASADA member to remain at arm's length from deliberations

and decisions of sporting administration bodies

An ASADA member must not take part in any deliberations or

decisions of a sporting administration body in relation to a

particular matter if the member has participated in any

deliberations or decisions of the ASADA in relation to the matter.

34 Outside employment

The ASADA Chair must not engage in paid employment outside

the duties of the ASADA Chair's office without the Minister's

approval.

35 Leave of absence

(1) The ASADA Chair has the recreation leave entitlements that are

determined by the Remuneration Tribunal.

(2) The Minister may grant the ASADA Chair leave of absence, other

than recreation leave, on the terms and conditions as to

remuneration or otherwise that the Minister determines.

(3) The ASADA Chair may grant leave of absence to any other

ASADA member on the terms and conditions that the ASADA

Chair determines.

36 Resignation

(1) An ASADA member may resign his or her appointment by giving

the Minister a written resignation.

(2) The resignation takes effect on the day it is received by the

Minister or, if a later day is specified in the resignation, on that

later day.

ASADA's constitution and membership Part 4

Terms and conditions for ASADA members Division 3

Section 37

Australian Sports Anti-Doping Authority Bill 2005 No. , 2005 33

37 Termination of appointment

(1) The Minister may terminate the appointments of all of the ASADA

members if the Minister is of the opinion that the ASADA's

performance has been unsatisfactory.

(2) The Minister may terminate the appointment of an ASADA

member for misbehaviour or physical or mental incapacity.

(3) The Minister may terminate the appointment of an ASADA

member if:

(a)

the

member:

(i)

becomes

bankrupt;

(ii) applies to take the benefit of any law for the relief of

bankrupt or insolvent debtors; or

(iii) compounds with his or her creditors; or

(iv) makes an assignment of his or her remuneration for the

benefit of his or her creditors; or

(b) the member fails, without reasonable excuse, to comply with

section 31, 32 or 33; or

has been unsatisfactory; or

(d) if the member is the ASADA Chair--the member fails to

comply with section 34; or

(e) if the member is the ASADA Chair--the member is absent,

except on leave of absence, for 14 consecutive days or for 28

days in any 12 consecutive months; or

(f) if the member is not the ASADA Chair--the member is

absent, except on leave of absence, from 3 consecutive

meetings of the ASADA; or

(g) the member commits an offence against section 71 or 72.

38 Other terms and conditions

An ASADA member holds office on the terms and conditions (if

any) in relation to matters not covered by this Act that are

determined by the Minister.

Part 5 Decision-making and delegation by ASADA

Division 1 Meetings

Section 39

34 Australian Sports Anti-Doping Authority Bill 2005 No. , 2005

Part 5--Decision-making and delegation by

ASADA

Division 1--Meetings

39 Holding of meetings

(1) The ASADA is to hold such meetings as are necessary for the

performance of its functions.

(2)

The

ASADA

Chair:

(a) may convene a meeting at any time; and

(b) must convene a meeting within 30 days after receiving a

written request from the Minister or from at least 2 other

ASADA members.

40 Presiding at meetings

(1) The ASADA Chair presides at all meetings at which he or she is

present.

(2) If the ASADA Chair is not present at a meeting, the ASADA

Deputy Chair presides.

(3) If neither the ASADA Chair nor the ASADA Deputy Chair is

present at a meeting, the ASADA members present must appoint

one of themselves to preside.

41 Quorum

(1) At a meeting of the ASADA, 3 ASADA members constitute a

quorum.

(2)

However,

if:

(a) section 32 prevents an ASADA member from participating in

the deliberations or decisions of the ASADA in relation to a

particular matter; and

Decision-making and delegation by ASADA Part 5

Meetings Division 1

Section 42

Australian Sports Anti-Doping Authority Bill 2005 No. , 2005 35

(b) when the member leaves the meeting concerned there is no

longer a quorum present;

the remaining ASADA members at the meeting constitute a

quorum for the purpose of any deliberation or decision at that

meeting in relation to that matter.

42 Voting at meetings etc.

(1) At a meeting of the ASADA, a question is decided by a majority of

the votes of the ASADA members present and voting.

(2) The person presiding at a meeting has a deliberative vote and, in

the event of an equality of votes, also has a casting vote.

43 Conduct of meetings

The ASADA may, subject to this Division, regulate proceedings at

its meetings as it considers appropriate.

Note:

Section 33B of the Acts Interpretation Act 1901 provides for

participation in meetings by telephone etc.

44 Minutes

The ASADA must keep minutes of its meetings.

Part 5 Decision-making and delegation by ASADA

Division 2 Decisions without meetings

Section 45

36 Australian Sports Anti-Doping Authority Bill 2005 No. , 2005

Division 2--Decisions without meetings

45 Decisions without meetings

(1) A decision is taken to have been made at a meeting of the ASADA

if:

(a) without meeting, a majority of the ASADA members indicate

agreement with the proposed decision in accordance with the

method determined by the ASADA under subsection (2); and

(b) all the ASADA members were informed of the proposed

decision, or reasonable efforts were made to inform all the

ASADA members of the proposed decision.

(2) Subsection (1) applies only if the ASADA:

(a) has determined that it applies; and

(b) has determined the method by which ASADA members are

to indicate agreement with proposed decisions.

(3) Paragraph (1)(a) does not apply to an ASADA member who is

prevented by section 32 from deliberating on the proposed

decision.

46 Record of decisions

The ASADA must keep a record of decisions made in accordance

with section 45.

Decision-making and delegation by ASADA Part 5

Delegation Division 3

Section 47

Australian Sports Anti-Doping Authority Bill 2005 No. , 2005 37

Division 3--Delegation

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

(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.

Decision-making and delegation by ASADA Part 5

Advisory committees Division 4

Section 48

Australian Sports Anti-Doping Authority Bill 2005 No. , 2005 39

Division 4--Advisory committees

48 Advisory committees

(1) The ASADA may, by writing, establish advisory committees to

assist it in performing any of its functions.

Note:

For variation and revocation, see subsection 33(3) of the Acts

Interpretation Act 1901.

(2) An advisory committee consists of such individuals as the ASADA

from time to time appoints, by writing, to the committee.

Note:

For re-appointment, see subsection 33(4A) of the Acts Interpretation

Act 1901.

(3) The ASADA may give an advisory committee written directions as

to:

(a) the way in which the committee is to carry out its functions;

and

(b) procedures to be followed in relation to meetings.

(4)

If:

(a) a committee member has incurred reasonable expenses in

performing his or her duties as a committee member; and

(b) the committee member is neither an ASADA member nor a

member of the ASADA staff; and

expenses;

the ASADA must, on behalf of the Commonwealth, reimburse

those expenses.

(5) An appointment to an advisory committee is not a public office

within the meaning of the Remuneration Tribunal Act 1973.

(6) An instrument under subsection (1) is not a legislative instrument.

(7) A direction under subsection (3) is not a legislative instrument.

Part 6 ASADA's staff etc.

Section 49

40 Australian Sports Anti-Doping Authority Bill 2005 No. , 2005

Part 6--ASADA's staff etc.

49 Staff

(1) The staff of the ASADA are to be persons engaged under the

Public Service Act 1999.

(2) For the purposes of the Public Service Act 1999:

(a) the ASADA Chair and the ASADA staff together constitute a

Statutory Agency; and

(b) the ASADA Chair is the Head of that Statutory Agency.

50 Persons assisting ASADA

The ASADA may also be assisted:

(a) by officers and employees of Agencies (within the meaning

of the Public Service Act 1999); or

(b) by officers and employees of authorities of the

Commonwealth;

whose services are made available to the ASADA in connection

with the performance of any of its functions.

Australian Sports Drug Medical Advisory Committee Part 7

ASDMAC's establishment and functions Division 1

Section 51

Australian Sports Anti-Doping Authority Bill 2005 No. , 2005 41

Part 7--Australian Sports Drug Medical Advisory

Committee

Division 1--ASDMAC's establishment and functions

51 Establishment of ASDMAC

The Australian Sports Drug Medical Advisory Committee

established under the Australian Sports Drug Agency Act 1990

continues in existence by force of this section, under and subject to

the provisions of this Act.

Note:

See also section 25B of the Acts Interpretation Act 1901.

52 ASDMAC's functions

(1) The ASDMAC has the following functions:

(a) such functions as are conferred on the ASDMAC by the

NAD scheme;

(b) to give advice and information to the ASADA and the ASC

about:

(i) the performance of the ASDMAC's functions; and

(ii) sports drug and safety matters;

bodies about individual cases that involve:

(i) sports drug and safety matters; or

(ii) any other matter arising out of the provision of

anti-doping testing services or safety checking services;

(d) to provide services relating to sports drug and safety matters

under contract on behalf of the Commonwealth;

(e) such other functions as are conferred on the ASDMAC by

this Act or any other law of the Commonwealth;

(f) to do anything incidental to or conducive to the performance

of any of the above functions.

Note: For

sports drug and safety matter, see section 4.

Australian Sports Drug Medical Advisory Committee Part 7

ASDMAC's membership Division 2

Section 53

Australian Sports Anti-Doping Authority Bill 2005 No. , 2005 43

Division 2--ASDMAC's membership

53 ASDMAC's membership

The ASDMAC consists of the following members:

(a)

Chair;

(b) at least 3, and not more than 6, other members.

54 Appointment of ASDMAC members

(1) Each ASDMAC member is to be appointed by the Minister by

written instrument.

Note:

For re-appointment, see subsection 33(4A) of the Acts Interpretation

Act 1901.

(2) The Minister must not appoint a person as an ASDMAC member

unless:

(a) the person is a registered medical practitioner; and

(b) the Minister is satisfied that the person has knowledge of, or

experience in, one or more of the following fields:

(i)

sports

medicine;

(ii)

clinical

pharmacology;

(iii)

endocrinology;

(iv) a field specified in regulations made for the purposes of

this subparagraph.

(3) An ASDMAC member holds office on a part-time basis.

55 Period of appointment for ASDMAC members

An ASDMAC member holds office for the period specified in his

or her instrument of appointment. The period must not exceed 5

years.

Note:

For re-appointment, see subsection 33(4A) of the Acts Interpretation

Act 1901.

Part 7 Australian Sports Drug Medical Advisory Committee

Division 2 ASDMAC's membership

Section 56

44 Australian Sports Anti-Doping Authority Bill 2005 No. , 2005

56 Acting ASDMAC members

Acting ASDMAC Chair

(1) The Minister may appoint a person to act as the ASDMAC Chair:

(a) during a vacancy in the office of the ASDMAC Chair,

whether or not an appointment has previously been made to

the office; or

(b) during any period, or during all periods, when the ASDMAC

Chair:

(i) is absent from duty or Australia; or

(ii) is, for any reason, unable to perform the duties of the

office.

Acting ASDMAC member (other than ASDMAC Chair)

(2) The Minister may appoint a person to act as an ASDMAC member

(other than the ASDMAC Chair):

(a) during a vacancy in the office of an ASDMAC member

(other than the ASDMAC Chair), whether or not an

appointment has previously been made to the office; or

(b) during any period, or during all periods, when an ASDMAC

member (other than the ASDMAC Chair):

(i) is absent from duty or Australia; or

(ii) is, for any reason, unable to perform the duties of the

office.

Qualifications

(3) A person is not eligible for appointment to act as:

(a) the ASDMAC Chair; or

(b) an ASDMAC member (other than the ASDMAC Chair);

unless the person is eligible for appointment as an ASDMAC

member.

Note:

See subsection 54(2).

Australian Sports Drug Medical Advisory Committee Part 7

ASDMAC's membership Division 2

Section 56

Australian Sports Anti-Doping Authority Bill 2005 No. , 2005 45

Validation

(4) Anything done by or in relation to a person purporting to act under

an appointment is not invalid merely because:

(a) the occasion for the appointment had not arisen; or

(b) there was a defect or irregularity in connection with the

appointment; or

(d) the occasion to act had not arisen or had ceased.

Note:

See section 33A of the Acts Interpretation Act 1901.

Part 7 Australian Sports Drug Medical Advisory Committee

Division 3 Terms and conditions for ASDMAC members

Section 57

46 Australian Sports Anti-Doping Authority Bill 2005 No. , 2005

Division 3--Terms and conditions for ASDMAC members

57 Remuneration

(1) An ASDMAC member is to be paid the remuneration that is

determined by the Remuneration Tribunal. If no determination of

that remuneration by the Tribunal is in operation, the ASDMAC

member is to be paid the remuneration that is prescribed in the

regulations.

(2) An ASDMAC member is to be paid the allowances that are

prescribed in the regulations.

(3) This section has effect subject to the Remuneration Tribunal Act

1973.

58 Standing obligation to disclose interests

Obligation to disclose interests

(1) An ASDMAC member must disclose any interest he or she has if

that interest could conflict with the proper performance of the

functions of his or her office. Disclosure is required whether or not

there is any particular matter under consideration that gives rise to

an actual conflict of interest.

(2) The disclosure must be by notice in writing given to the Minister,

and to each of the other ASDMAC members, as soon as practicable

after the member becomes aware of the potential for conflict of

interest.

Some types of interests that must be disclosed

(3) 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 if he or she:

(a) participates in, or is involved in any way in the

administration of, a sport; or

Australian Sports Drug Medical Advisory Committee Part 7

Terms and conditions for ASDMAC members Division 3

Section 59

Australian Sports Anti-Doping Authority Bill 2005 No. , 2005 47

(b) is a member of, or is involved in any way in the

administration of, a sporting administration body; or

event or sporting venue; or

(d) is related to, or has some involvement in the affairs of:

(i) an athlete who is subject to the NAD scheme; or

(ii) a support person who is subject to the NAD scheme; or

(iii) an individual tested under an anti-doping testing service,

or a safety checking service, previously provided by the

ASADA; or

(iv) an individual who could be tested under an anti-doping

testing service, or a safety checking service, being

provided by the ASADA.

(4) Subsections (1) and (3) apply to interests:

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

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

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.

Part 7 Australian Sports Drug Medical Advisory Committee

Division 3 Terms and conditions for ASDMAC members

Section 59

48 Australian Sports Anti-Doping Authority Bill 2005 No. , 2005

(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

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.

Australian Sports Drug Medical Advisory Committee Part 7

Terms and conditions for ASDMAC members Division 3

Section 60

Australian Sports Anti-Doping Authority Bill 2005 No. , 2005 49

(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.

60 ASDMAC member to remain at arm's length from deliberations

and decisions of sporting administration bodies

An ASDMAC member must not take part in any deliberations or

decisions of a sporting administration body in relation to a

particular matter if the member has participated in any

deliberations or decisions of the ASDMAC in relation to the

matter.

61 Leave of absence

(1) The Minister may grant the ASDMAC Chair leave of absence on

the terms and conditions that the Minister determines.

(2) The ASDMAC Chair may grant leave of absence to any other

ASDMAC member on the terms and conditions that the ASDMAC

Chair determines.

62 Resignation

(1) An ASDMAC member may resign his or her appointment by

giving the Minister a written resignation.

(2) The resignation takes effect on the day it is received by the

Minister or, if a later day is specified in the resignation, on that

later day.

63 Termination of appointment

(1) The Minister may terminate the appointments of all of the

ASDMAC members if the Minister is of the opinion that the

ASDMAC's performance has been unsatisfactory.

Part 7 Australian Sports Drug Medical Advisory Committee

Division 3 Terms and conditions for ASDMAC members

Section 64

50 Australian Sports Anti-Doping Authority Bill 2005 No. , 2005

(2) The Minister may terminate the appointment of an ASDMAC

member for misbehaviour or physical or mental incapacity.

(3) The Minister may terminate the appointment of an ASDMAC

member if:

(a) the member ceases to be a registered medical practitioner; or

(b)

the

member:

(i)

becomes

bankrupt;

(ii) applies to take the benefit of any law for the relief of

bankrupt or insolvent debtors; or

(iii) compounds with his or her creditors; or

(iv) makes an assignment of his or her remuneration for the

benefit of his or her creditors; or

section 58, 59 or 60; or

(d) the Minister is satisfied that the performance of the member

has been unsatisfactory; or

(e) the member is absent, except on leave of absence, from 3

consecutive meetings of the ASDMAC; or

(f) the member commits an offence against section 71 or 72.

64 Other terms and conditions

An ASDMAC member holds office on the terms and conditions (if

any) in relation to matters not covered by this Act that are

determined by the Minister.

Australian Sports Drug Medical Advisory Committee Part 7

Decision-making and delegation by ASDMAC Division 4

Section 65

Australian Sports Anti-Doping Authority Bill 2005 No. , 2005 51

Division 4--Decision-making and delegation by ASDMAC

65 Decision-making by ASDMAC

(1) The regulations may specify:

(a) the manner in which the ASDMAC is to perform its

functions; and

(b) the procedure to be followed at or in relation to meetings of

the ASDMAC, including matters with respect to the

following:

(i) the convening of meetings of the ASDMAC;

(ii) the number of ASDMAC members who are to constitute

a quorum;

(iii) the selection of an ASDMAC member to preside at

meetings of the ASDMAC in the absence of the

ASDMAC Chair;

(iv) the manner in which questions arising at a meeting of

the ASDMAC are to be decided.

(2) A resolution is taken to have been passed at a meeting of the

ASDMAC if:

(a) without meeting, a majority of ASDMAC members indicate

agreement with the resolution in accordance with the method

determined by the ASDMAC under subsection (4); and

(b) all ASDMAC members were informed of the proposed

resolution, or reasonable efforts had been made to inform all

ASDMAC members of the proposed resolution.

(3) Paragraph (2)(a) does not apply to an ASDMAC member who is

prevented by section 59 from deliberating on the proposed

resolution.

(4) Subsection (2) has effect only if the ASDMAC:

(a) determines that it has effect; and

(b) determines the method by which ASDMAC members are to

indicate agreement with resolutions.

Part 7 Australian Sports Drug Medical Advisory Committee

Division 4 Decision-making and delegation by ASDMAC

Section 66

52 Australian Sports Anti-Doping Authority Bill 2005 No. , 2005

66 Delegation by ASDMAC

(1) The ASDMAC may, by resolution, delegate any or all of its

functions and powers to an ASDMAC member.

(2) A delegation under subsection (1) continues in force despite a

change in the membership of the ASDMAC.

(3) A delegate under subsection (1) must comply with any directions

given, by resolution, by the ASDMAC.

(4)

Either:

(a) a delegation under subsection (1); or

(b) a direction under subsection (3);

may be varied or revoked by resolution of the ASDMAC (whether

or not there has been a change in the membership of the

ASDMAC).

(5) A certificate signed by the ASDMAC Chair stating any matter with

respect to a delegation under subsection (1) is prima facie evidence

of the matter.

(6) A document purporting to be a certificate mentioned in

subsection (5) is taken to be such a certificate and to have been

duly given unless the contrary is established.

Information management Part 8

Access to, and use of, customs information Division 1

Section 67

Australian Sports Anti-Doping Authority Bill 2005 No. , 2005 53

Part 8--Information management

Division 1--Access to, and use of, customs information

67 ASADA's access to, and use of, customs information

(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

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

Part 8 Information management

Division 1 Access to, and use of, customs information

Section 68

54 Australian Sports Anti-Doping Authority Bill 2005 No. , 2005

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.

Protected customs information

(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.

68 Disclosing protected customs information to sporting

administration bodies

ASADA 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

Information management Part 8

Access to, and use of, customs information Division 1

Section 68

Australian Sports Anti-Doping Authority Bill 2005 No. , 2005 55

(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

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.

Part 8 Information management

Division 1 Access to, and use of, customs information

Section 68

56 Australian Sports Anti-Doping Authority Bill 2005 No. , 2005

(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;

(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.

Information management Part 8

Protection of personal information Division 2

Section 69

Australian Sports Anti-Doping Authority Bill 2005 No. , 2005 57

Division 2--Protection of personal information

69 Entrusted persons

For the purposes of this Act, an entrusted person is:

(a) an ASADA member; or

(b) a member of the ASADA staff; or

for the ASADA or the ASDMAC; or

(d) a designated associate of:

(i) a person; or

(ii)

partnership;

engaged by the Commonwealth to perform services for the

ASADA or the ASDMAC; or

(e) an individual whose services are made available to the

ASADA under section 50; or

(f) an individual appointed as a chaperone, or as a drug testing

official, under the NAD scheme; or

(g) an ASDMAC member; or

(h) a member of a committee established under section 48; or

(i) an individual attending a meeting of:

(i)

the

ASADA;

(ii) a committee established under section 48.

Note: For

person, see paragraph 22(1)(a) of the Acts Interpretation Act

1901.

70 Designated associates

(1) For the purposes of this Act, each of the following is a designated

associate of a person:

(a) if the person is a body corporate--a director, officer or

employee of the body corporate;

(b) if the person is not a body corporate--an employee of the

person.

Part 8 Information management

Division 2 Protection of personal information

Section 71

58 Australian Sports Anti-Doping Authority Bill 2005 No. , 2005

(2) For the purposes of this Act, each of the following is a designated

associate of a partnership:

(a) if a partner is an individual--the individual;

(b) if a partner is a body corporate:

(i) the body corporate;

(ii) a director or officer of the body corporate;

71 Protection of NAD scheme personal information

(1) A person commits an offence if:

(a) the person is or was an entrusted person; and

(b) when the person was an entrusted person, the person obtained

NAD scheme personal information; and

Penalty: Imprisonment for 2 years.

(2) Each of the following is an exception to the prohibition in

subsection (1):

(a) a disclosure for the purposes of this Act;

(b) a disclosure for the purposes of the NAD scheme;

NAD scheme personal information relates;

(d) a disclosure to the individual to whom the NAD scheme

personal information relates;

(e) a disclosure to the Australian Federal Police;

(f) a disclosure to the Australian Customs Service;

(g) a disclosure prescribed by the regulations.

Note 1:

A defendant bears an evidential burden in relation to a matter in

subsection (2) (see subsection 13.3(3) of the Criminal Code).

Note 2:

For prescribing by class, see subsection 13(3) of the Legislative

Instruments Act 2003.

(3) If a disclosure of NAD scheme personal information is covered by

subsection (2), the disclosure is authorised by this section.

(4) An entrusted person is not to be required to disclose NAD scheme

personal information to a court, except:

Information management Part 8

Protection of personal information Division 2

Section 72

Australian Sports Anti-Doping Authority Bill 2005 No. , 2005 59

(a) where it is necessary to do so for the purposes of giving

effect to this Act or the NAD scheme; or

(b) for the purposes of a criminal proceeding (including a

proceeding to determine whether a person should be tried for

an offence).

For this purpose, court includes any tribunal, authority or person

having power to require the production of documents or the

answering of questions.

72 Protection of contract services personal information

(1) A person commits an offence if:

(a) the person is or was an entrusted person; and

(b) when the person was an entrusted person, the person obtained

contract services personal information; and

Penalty: Imprisonment for 2 years.

(2) Each of the following is an exception to the prohibition in

subsection (1):

(a) a disclosure for the purposes of this Act;

(b) a disclosure for the purposes of the provision of the services

to which the contract services personal information relates;

contract services personal information relates;

(d) a disclosure to the individual to whom the contract services

personal information relates;

(e) a disclosure to the Australian Federal Police;

(f) a disclosure to the Australian Customs Service;

(g) a disclosure to any of the following:

(i) the Commonwealth, a State or a Territory;

(ii) the ASC or any sports academy, sports institute, or other

similar body, of a State or Territory;

that the ASADA believes provides support (whether direct or

indirect and whether by way of financial assistance or

otherwise) to the individual to whom the contract services

personal information relates;

Part 8 Information management

Division 2 Protection of personal information

Section 73

60 Australian Sports Anti-Doping Authority Bill 2005 No. , 2005

(h) a disclosure prescribed by the regulations.

Note 1:

A defendant bears an evidential burden in relation to a matter in

subsection (2) (see subsection 13.3(3) of the Criminal Code).

Note 2:

For prescribing by class, see subsection 13(3) of the Legislative

Instruments Act 2003.

(3) If a disclosure of contract services personal information is covered

by subsection (2), the disclosure is authorised by this section.

(4) An entrusted person is not to be required to disclose contract

services personal information to a court, except:

(a) where it is necessary to do so for the purposes of giving

effect to:

(i) this Act; or

(ii) a contract for the provision of the services to which the

contract services personal information relates; or

(b) for the purposes of a criminal proceeding (including a

proceeding to determine whether a person should be tried for

an offence).

For this purpose, court includes any tribunal, authority or person

having power to require the production of documents or the

answering of questions.

73 Operation of Privacy Act 1988 is not affected

Nothing in this Act or the NAD scheme limits the operation of the

Privacy Act 1988.

Other matters Part 9

Section 74

Australian Sports Anti-Doping Authority Bill 2005 No. , 2005 61

Part 9--Other matters

74 Annual report

(1) The ASADA must, as soon as practicable after the end of each

financial year, prepare and give to the Minister a report of the

ASADA's operations during the financial year.

Note:

See also section 34C of the Acts Interpretation Act 1901.

(2) The Minister must cause a copy of each report under this section to

be tabled in each House of the Parliament within 15 sitting days of

that House after the day on which the Minister receives the report.

75 Minister may require ASADA to prepare reports or give

information

Reports

(1) The Minister may, by written notice given to the ASADA, require

the ASADA:

(a) to prepare a report about one or more specified matters

relating to the performance of the ASADA's functions; and

(b) give a copy of the report to the Minister within the period

specified in the notice.

Information

(2) The Minister may, by written notice given to the ASADA, require

the ASADA to:

(a) prepare a document setting out specified information relating

to the performance of the ASADA's functions; and

(b) give a copy of the document to the Minister within the period

specified in the notice.

Part 9 Other matters

Section 76

62 Australian Sports Anti-Doping Authority Bill 2005 No. , 2005

Compliance

(3) The ASADA must comply with a requirement under subsection (1)

or (2).

Publication of reports and documents

(4) The Minister may cause to be published:

(a) a report under subsection (1); or

(b) a document under subsection (2).

Application of Legislative Instruments Act 2003

(5) A report under subsection (1) is not a legislative instrument.

(6) A document under subsection (2) is not a legislative instrument.

(7) A notice under subsection (1) or (2) is not a legislative instrument.

76 Exemption from taxation

Income tax

(1) To avoid doubt, for the purposes of section 50-25 of the Income

Tax Assessment Act 1997, the ASADA is taken to be a public

authority constituted under an Australian law.

Note:

This means that the ASADA is exempt from income tax.

State/Territory taxes

(2) To avoid doubt, the ASADA is not subject to taxation under a law

of a State or Territory, if the Commonwealth is not subject to the

taxation.

77 ASADA Chair not subject to direction by ASADA on certain

matters

The ASADA Chair is not subject to direction by the ASADA in

relation to the ASADA Chair's performance of functions, or

exercise of powers, under the Financial Management and

Accountability Act 1997 or the Public Service Act 1999.

Other matters Part 9

Section 78

Australian Sports Anti-Doping Authority Bill 2005 No. , 2005 63

78 Protection from civil actions

(1) Each of the following:

(a)

ASADA

member;

(b) a member of the ASADA staff;

ASADA under section 50;

(d) an individual appointed as a chaperone, or as a drug testing

official, under the NAD scheme;

is not liable to an action or other proceeding for damages for or in

relation to an act done or omitted to be done in good faith:

(e) in the performance or purported performance of any function

of the ASADA; or

(f) in the exercise or purported exercise of any power of the

ASADA.

(2) An ASDMAC member is not liable to an action or other

proceeding for damages for or in relation to an act done or omitted

to be done in good faith:

(a) in the performance or purported performance of any function

of the ASDMAC; or

(b) in the exercise or purported exercise of any power of the

ASDMAC.

(3) Civil proceedings do not lie against the ASADA or the

Commonwealth in respect of loss, damage or injury of any kind

suffered by another person because of a publication or disclosure in

good faith:

(a) in the performance or purported performance of any function

of the ASADA; or

(b) in the exercise or purported exercise of any power of the

ASADA.

(4) Civil proceedings do not lie against a person in respect of loss,

damage or injury of any kind suffered by another person because

of any of the following acts done in good faith:

(a) the making of a statement to, or the giving of a document or

information to, the ASADA or the ASDMAC alleging a

possible violation of an anti-doping rule;

Part 9 Other matters

Section 79

64 Australian Sports Anti-Doping Authority Bill 2005 No. , 2005

(b) the making of a statement to, or the giving of a document or

information to, the ASADA or the ASDMAC in connection

with an investigation under the NAD scheme;

information to, the ASADA or the ASDMAC that may be

capable of supporting an allegation of a possible violation of

an anti-doping rule;

(d) the making of a statement to, or the giving of a document or

information to, the ASADA in connection with the

performance by the ASADA of any of its functions under the

NAD scheme;

(e) the making of a statement to, or the giving of a document or

information to, the ASDMAC in connection with the

performance by the ASDMAC of any of its functions under

the NAD scheme.

79 Regulations

The Governor-General may make regulations prescribing matters:

(a) required or permitted by this Act to be prescribed; or

(b) necessary or convenient to be prescribed for carrying out or

giving effect to this Act.

Commonwealth of Australia Bills

AUSTRALIAN SPORTS ANTI-DOPING AUTHORITY BILL 2005