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Sports Anti-doping Bill
Introduction Print
EXPLANATORY MEMORANDUM
Clause Notes
PART 1--PRELIMINARY
Clause 1 sets out the purpose of the Bill, which is to--
· re-enact with amendments the law relating to anti-
doping in sport; and
· confer functions on the Australian Sports Drug Agency
("ASDA"); and
· repeal the Sports Drug Testing Act 1995.
Clause 2 provides for the commencement of the Bill on the day after the
day on which it receives the Royal Assent.
Clause 3 sets out definitions for terms used in the Bill, including
definitions of "State support", "Victorian athlete", "Victorian
sporting competition" and "Victorian sporting organisation".
Clause 4 sets out the objects of the Bill, which include ensuring ASDA is
able to fulfil its anti-doping obligations in relation to Victorian
athletes and to provide for the development of a Victorian sports
anti-doping policy.
Clause 5 establishes the circumstances under which a person is taken to be
receiving State support under the provisions of the Bill.
PART 2--VICTORIAN SPORTS ANTI-DOPING POLICY
Clause 6 establishes a requirement for the Victorian Minister to prepare
and maintain a Victorian sports anti-doping policy consistent
with the purpose and intent of the World Anti-Doping Code and
authorising the Minister to issue guidelines for the withdrawal of
sport-related State support from a person sanctioned for a doping
violation.
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Clause 7 specifies that the Victorian Minister must consult with any
Victorian sporting organisations the Minister considers
appropriate in preparing or amending the Victorian sports
anti-doping policy.
Clause 8 provides that the Victorian sports anti-doping policy and any
amendments to it as well as any guidelines for the withdrawal of
State support must be published on an appropriate government
Internet website. The guidelines are also required to be published
in the Government Gazette.
PART 3--ROLE OF ASDA
Clause 9 specifies the functions of ASDA under this Act. ASDA has, in
relation to a Victorian athlete, the same functions as it has under
the Australian Sports Drug Agency Act 1990 of the
Commonwealth ("the Commonwealth Act") in relation to a
competitor within the meaning of the Commonwealth Act.
The functions so specified include providing information about
the use of drugs or doping methods in sport including testing
procedures and consequences if a Victorian athlete returns a
positive result or does not comply with a request to provide a
sample.
Clause 10 provides that ASDA has the power to do all things necessary or
convenient for the performance of its functions, including
charging reasonable fees, and that these powers may be exercised
in or outside of Victoria.
Clause 11 specifies that ASDA may only perform its functions or exercise
its powers under the Bill in relation to a Victorian athlete when
there is an agreement in place between ASDA and the athlete's
Victorian sporting organisation. The agreement of the Victorian
athlete's sporting association is required so as to provide for
testing under the Bill to occur as part of co-ordinated and planned
doping control arrangements for a sport or sporting event.
Clause 12 provides that the Commonwealth Administrative Appeals
Tribunal and its members and officers have the same jurisdiction
under the Act in relation to a Victorian athlete as they have under
the Commonwealth Act in relation to a competitor (within the
meaning of the Commonwealth Act).
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PART 4--GENERAL
Clause13 provides for the repeal of the Sports Drug Testing Act 1995
which will be replaced by the Bill.
Clause 14 is the regulation-making power. The clause will enable
regulations to be made for or with respect to, among other things,
the conduct of anti-doping control testing, ensuring ASDA is able
to fulfil its responsibilities as a national anti-doping organisation
under the World Anti-Doping Code in relation to a Victorian
athlete and any other matter required or permitted to be
prescribed by the Bill or necessary to be prescribed for carrying
out or giving effect to the Bill.
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