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Australian Sports Anti-Doping Authority Act 2006

  • - C2011C00690
  • In force - Superseded Version
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Act No. 6 of 2006 as amended, taking into account amendments up to Acts Interpretation Amendment Act 2011
An Act to establish the Australian Sports Anti-Doping Authority, and for other purposes
Administered by: Prime Minister and Cabinet; Regional Australia, Local Government, Arts and Sport
Registered 29 Aug 2011
Start Date 01 Mar 2010
End Date 27 Dec 2011

Australian Sports Anti‑Doping Authority Act 2006

Act No. 6 of 2006 as amended

This compilation was prepared on 29 August 2011
taking into account amendments up to Act No. 46 of 2011

The text of any of those amendments not in force
on that date is appended in the Notes section

The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section

Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra

  

  

  


Contents

Part 1—Introduction                                                                                                            1

1............ Short title [see Note 1]........................................................................ 1

2............ Commencement................................................................................... 1

4............ Definitions.......................................................................................... 2

5............ When is there a vacancy?.................................................................... 9

6............ Crown to be bound............................................................................. 9

7............ Extension to external Territories.......................................................... 9

8............ Extra‑territorial application.................................................................. 9

Part 2—National Anti‑Doping Scheme                                                                   10

Division 1—Making and amending the NAD scheme                                10

9............ Making the National Anti‑Doping Scheme....................................... 10

10.......... Amending the National Anti‑Doping Scheme................................... 10

11.......... Public consultation............................................................................ 11

12.......... Use of relevant international anti‑doping instruments....................... 11

Division 2—What must be in the NAD scheme                                             12

13.......... Anti‑doping rules etc. relating to certain athletes and support persons 12

14.......... Rights of athletes and support persons.............................................. 13

15.......... Sporting administration body rules................................................... 14

16.......... Matters required by the regulations................................................... 15

Division 3—Miscellaneous                                                                                       16

17.......... NAD scheme may deal with other matters........................................ 16

18.......... Decisions under the NAD scheme.................................................... 16

19.......... Fees................................................................................................... 16

Part 3—ASADA’s establishment and function                                                 17

20.......... Establishment of ASADA................................................................ 17

20A....... ASADA’s constitution..................................................................... 17

20B....... ASADA’s function........................................................................... 17

20C....... ASADA has privileges and immunities of the Crown...................... 17

Part 3A—Chief Executive Officer                                                                             18

Division 1—CEO’s functions and powers                                                        18

20D....... Chief Executive Officer..................................................................... 18

21.......... CEO’s functions............................................................................... 18

22.......... CEO’s powers.................................................................................. 21

24.......... Minister may give directions to the CEO.......................................... 21

Division 2—Appointment of CEO                                                                        22

24A....... Appointment of CEO........................................................................ 22

24B....... Period of appointment for CEO........................................................ 22

24C....... Acting CEO...................................................................................... 22

Division 3—Terms and conditions for CEO                                                   23

24D....... Remuneration.................................................................................... 23

24E........ Disclosure of interests....................................................................... 23

24F........ Outside employment......................................................................... 23

24G....... Leave of absence............................................................................... 23

24H....... Resignation....................................................................................... 24

24J........ Termination of appointment.............................................................. 24

24K....... Other terms and conditions............................................................... 24

Division 4—ASADA’s staff etc.                                                                             25

24L........ Staff.................................................................................................. 25

24M...... Persons assisting the CEO................................................................ 25

Division 5—Delegation                                                                                              26

24N....... Delegation by the CEO..................................................................... 26

Division 6—Advisory committees                                                                        27

24P........ Advisory committees........................................................................ 27

Part 4—Advisory Group                                                                                                 28

Division 1—Advisory Group’s establishment, function and powers 28

25.......... Establishment of Advisory Group.................................................... 28

25A....... Advisory Group’s function and powers........................................... 28

Division 2—Advisory Group’s membership                                                   29

26.......... Advisory Group’s membership........................................................ 29

27.......... Appointment of Advisory Group members...................................... 29

28.......... Period of appointment for Advisory Group members....................... 30

29.......... Acting Advisory Group members..................................................... 30

Division 3—Terms and conditions for Advisory Group members     32

30.......... Remuneration.................................................................................... 32

31.......... Disclosure of interests to the Minister............................................... 32

32.......... Disclosure of interests to the Advisory Group.................................. 32

33.......... Outside employment......................................................................... 33

34.......... Leave of absence............................................................................... 33

36.......... Resignation....................................................................................... 33

37.......... Termination of appointment.............................................................. 34

38.......... Other terms and conditions............................................................... 34

Division 4—Meetings                                                                                                  35

39.......... Holding of meetings.......................................................................... 35

Part 5—Anti‑Doping Rule Violation Panel                                                          36

Division 1—ADRVP’s establishment and functions                                   36

40.......... Establishment of ADRVP................................................................. 36

41.......... ADRVP’s functions......................................................................... 36

Division 2—ADRVP’s membership                                                                     37

42.......... ADRVP’s membership..................................................................... 37

43.......... Appointment of ADRVP members................................................... 37

44.......... Period of appointment for ADRVP members................................... 37

45.......... Acting ADRVP members................................................................. 38

Division 3—Terms and conditions for ADRVP members                       39

46.......... Remuneration.................................................................................... 39

47.......... Outside employment......................................................................... 39

48.......... Disclosure of interests to the Minister............................................... 39

49.......... Disclosure of interests to the ADRVP.............................................. 39

50.......... ADRVP member to remain at arm’s length from deliberations and decisions of sporting administration bodies     40

50A....... Leave of absence............................................................................... 40

50B....... Resignation....................................................................................... 40

50C....... Termination of appointment.............................................................. 41

50D....... Other terms and conditions............................................................... 41

Division 4—Meetings                                                                                                  42

50E........ Holding of meetings.......................................................................... 42

Part 7—Australian Sports Drug Medical Advisory Committee              43

Division 1—ASDMAC’s establishment and functions                               43

51.......... Establishment of ASDMAC............................................................. 43

52.......... ASDMAC’s functions...................................................................... 43

Division 2—ASDMAC’s membership                                                                45

53.......... ASDMAC’s membership................................................................. 45

54.......... Appointment of ASDMAC members............................................... 45

55.......... Period of appointment for ASDMAC members............................... 45

56.......... Acting ASDMAC members............................................................. 46

Division 3—Terms and conditions for ASDMAC members                   48

57.......... Remuneration.................................................................................... 48

58.......... Standing obligation to disclose interests............................................ 48

59.......... Obligation to disclose interests before deliberating on or deciding a particular matter              49

60.......... ASDMAC member to remain at arm’s length from deliberations and decisions of sporting administration bodies 51

61.......... Leave of absence............................................................................... 51

62.......... Resignation....................................................................................... 51

63.......... Termination of appointment.............................................................. 51

64.......... Other terms and conditions............................................................... 52

Division 4—Decision‑making and delegation by ASDMAC                   53

65.......... Decision‑making by ASDMAC....................................................... 53

66.......... Delegation by ASDMAC................................................................. 54

Part 8—Information management                                                                            55

Division 1—Access to, and use of, customs information                          55

67.......... CEO’s access to, and use of, customs information........................... 55

68.......... Disclosing protected customs information to sporting administration bodies           57

Division 2—Protection of personal information                                          60

69.......... Entrusted persons.............................................................................. 60

70.......... Designated associates........................................................................ 60

71.......... Protection of NAD scheme personal information............................. 61

72.......... Protection of contract services personal information......................... 62

73.......... Operation of Privacy Act 1988 is not affected................................... 64

Part 9—Other matters                                                                                                       65

74.......... Annual report.................................................................................... 65

75.......... Minister may require CEO to prepare reports or give information.... 65

78.......... Protection from civil actions.............................................................. 66

79.......... Regulations....................................................................................... 68

Notes                                                                                                                                             69


An Act to establish the Australian Sports Anti‑Doping Authority, and for other purposes

Part 1Introduction

  

1  Short title [see Note 1]

                   This Act may be cited as the Australian Sports Anti‑Doping Authority Act 2006.

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.

7 March 2006

2.  Sections 3 to 79

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.

13 March 2006

(see F2006L00764)

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.

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.

ADRVP means the Anti‑Doping Rule Violation Panel established by section 40.

ADRVP Chair means the Chair of the ADRVP.

ADRVP member means a member of the ADRVP, and includes the ADRVP Chair.

advisory committee means an advisory committee established under section 24P.

advisory committee member means a member of an advisory committee.

Advisory Group means the Advisory Group of the ASADA established by section 25.

Advisory Group Chair means the Chair of the Advisory Group.

Advisory Group member means a member of the Advisory Group, and includes the Advisory Group Chair.

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 staff means the staff described in section 24L.

ASC means the Australian Sports Commission.

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 who is subject to the NAD scheme.

Australia, when used in a geographical sense, includes the external Territories.

CEO means the Chief Executive Officer of the ASADA appointed in accordance with section 24A.

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 human biological material 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

                     (c)  a prohibited method within the meaning of the World 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

                     (c)  if the UNESCO Anti‑Doping Convention has entered into 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

                     (c)  the region is under the protection 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

                     (c)  an organisation established in a foreign country for the 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:

                     (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 website (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.

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; or

                             (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 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.

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

                     (c)  an international agreement to which Australia is a party, if 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 human biological material.

sporting administration body means:

                     (a)  the International Olympic Committee; or

                     (b)  WADA; or

                     (c)  a National Anti‑Doping Organization as defined in the World 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, the Advisory Group or the ADRVP.

sporting competition means a sporting event or a series of sporting events.

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

                     (c)  accredits people to take part in sporting competition; or

                     (d)  provides teams to compete in sporting competition; or

                     (e)  trains, or provides finance for, people to take part in sporting competition.

sports doping 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 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.

Note:          In 2005, the text of the final draft of the UNESCO International Convention Against Doping in Sport was accessible through the UNESCO website (www.unesco.org).

vacancy, in relation to:

                     (a)  the office of an Advisory Group member; or

                    (aa)  the office of an ADRVP 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 website 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 Advisory Group member; or

                     (b)  the Acts Interpretation Act 1901 to a vacancy in the membership of a body;

there are taken to be 6 offices of Advisory Group members in addition to the Advisory Group Chair.

          (1A)  For the purposes of a reference in:

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

                     (b)  the Acts Interpretation Act 1901 to a vacancy in the membership of a body;

there are taken to be 6 offices of ADRVP members in addition to the ADRVP Chair.

             (2)  For the purposes of a reference in:

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

                     (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.

6  Crown to be bound

             (1)  This Act binds the Crown in each of its capacities.

             (2)  This Act does not make the Crown liable to be prosecuted for an offence.

7  Extension to external Territories

                   This Act extends to every external Territory.

8  Extra‑territorial application

                   This Act extends to acts, omissions, matters and things outside Australia (unless the contrary intention appears).


 

Part 2National Anti‑Doping Scheme

Division 1Making 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;

                     (c)  ancillary or incidental matters.

Note:          For NAD scheme or National Anti‑Doping Scheme, see section 4.

10  Amending the National Anti‑Doping Scheme

             (1)  The CEO may, by legislative instrument, amend the NAD scheme, so long as:

                     (a)  the amendment relates to any or all of the following matters:

                              (i)  the classes of athletes who are subject to the NAD scheme;

                             (ii)  the meaning of support person for the purposes of the NAD scheme;

                            (iii)  a request to an athlete to keep the CEO informed of where the athlete can be found;

                            (iv)  the things that an athlete may do before providing a sample;

                             (v)  the things that the CEO may do with a sample;

                            (vi)  the disclosure of information, other than information relating to an entry on the register mentioned in paragraph 13(1)(i), that relates, or appears to relate, to a person in connection with a possible breach of the anti‑doping rules;

                           (vii)  a matter that is ancillary or incidental to one or more of the matters mentioned in subparagraphs (i) to (vi); and

                     (b)  the amended NAD scheme is about any or all of the following matters:

                              (i)  the implementation of the General Anti‑Doping Convention or the UNESCO Anti‑Doping Convention;

                             (ii)  a matter that is ancillary or incidental to one or both of the matters mentioned in subparagraph (i).

Note:          For public consultation requirements, see section 11.

             (2)  To avoid doubt, the regulations may also amend the NAD scheme in relation to a matter mentioned in paragraph (1)(a).

11  Public consultation

             (1)  Before making an instrument under subsection 10(1) amending the NAD scheme, the CEO 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 CEO when he or she published the draft.

             (2)  The time limit specified by the CEO when he or she 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.


 

Division 2What 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

                     (c)  authorise the CEO to request an athlete to keep the ASADA informed of where the athlete can be found; and

                     (d)  authorise the CEO to request an athlete to provide a sample; and

                     (e)  authorise the CEO to test, or arrange the testing of, samples so provided; and

                      (f)  authorise the CEO to investigate possible violations of the anti‑doping rules; and

                     (g)  authorise the CEO to disclose information obtained during such investigations for the purposes of, or in connection with, such investigations; and

                     (h)  authorise the ADRVP to make findings relating to such investigations; and

                   (ha)  authorise the ADRVP to make recommendations as to the consequences of such findings; and

                      (i)  require the ADRVP to establish and maintain a register of such findings; and

                      (j)  authorise the CEO to notify athletes, support persons and sporting administration bodies of:

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

                             (ii)  the ADRVP’s recommendations as to the consequences of such findings; and

                     (k)  authorise the CEO to present:

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

                             (ii)  the ADRVP’s recommendations as to the consequences of such findings;

                            at hearings of the Court of Arbitration for Sport and other sporting tribunals, either:

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

                            (iv)  on the CEO’s own initiative; and

                      (l)  authorise the ADRVP to make entries on, or remove entries from, the register mentioned in paragraph (i); and

                    (m)  authorise the CEO to publish information on and relating to the register mentioned in paragraph (i) if:

                              (i)  the CEO considers the publication to be in the public interest; or

                            (ia)  the publication is required by the World Anti‑Doping Code; 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 CEO:

                     (a)  to provide a sample; or

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

             (3)  If the ADRVP 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

                     (b)  the athlete or support person has a right to make written submissions to the ADRVP about the proposal; and

                     (c)  the athlete or support person has a right to be notified in writing of a decision of the ADRVP 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 ADRVP 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 CEO to monitor the compliance by sporting administration bodies with the sporting administration body rules; and

                     (c)  authorise the CEO to notify the ASC about the extent of such compliance by sporting administration bodies other than the ASC; and

                     (d)  authorise the CEO 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:

                     (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;

                     (c)  rules about assisting, and giving information to, the ASADA in relation to investigations of possible violations of the anti‑doping rules;

                     (d)  rules about taking action in response to the ADRVP’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.


 

Division 3Miscellaneous

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 CEO;

                    (aa)  the ADRVP;

                     (b)  the ASDMAC;

                     (c)  a body specified in regulations made for the purposes of this paragraph.

19  Fees

             (1)  The NAD scheme may authorise either or both of the following:

                     (a)  the CEO to charge fees for performing his or her functions under the NAD scheme;

                     (b)  the ASDMAC to charge fees for performing its functions under the NAD scheme.

             (2)  A fee:

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

                     (b)  is payable to the Commonwealth.


 

Part 3ASADA’s establishment and function

  

20  Establishment of ASADA

                   The Australian Sports Anti‑Doping Authority is established.

20A  ASADA’s constitution

                   The ASADA consists of:

                     (a)  the CEO; and

                     (b)  the ASADA staff.

Note:          The ASADA does not have a legal identity separate from the Commonwealth.

20B  ASADA’s function

                   The ASADA’s function is to assist the CEO in the performance of his or her functions.

20C  ASADA has privileges and immunities of the Crown

                   The ASADA has the privileges and immunities of the Crown.


 

Part 3AChief Executive Officer

Division 1CEO’s functions and powers

20D  Chief Executive Officer

                   There is to be a Chief Executive Officer of the ASADA.

21  CEO’s functions

             (1)  The CEO has the following functions:

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

                     (b)  such functions as are conferred on the CEO by the NAD scheme;

                     (c)  to advise the ASC about sports doping and safety matters that should be included in any agreement under which the ASC gives money to a sporting organisation;

                     (e)  to support, encourage, develop and implement initiatives that increase the skills and knowledge of people involved in sporting activities about sports doping and safety matters;

                      (f)  to support and encourage the sporting community to develop and implement comprehensive programs, and education initiatives, about sports doping and safety matters;

                     (g)  to support, encourage and conduct research about sports doping and safety matters;

                     (h)  to collect, analyse, interpret and disseminate information about sports doping and safety matters;

                      (i)  to encourage the development of ways for the States and Territories, and sporting organisations, to carry out initiatives about sports doping and safety matters;

                      (j)  to cooperate with the States and Territories, and with sporting organisations, to carry out initiatives about sports doping and safety matters;

                    (ja)  to cooperate with an organisation of a foreign country in the Oceania region that has functions that are the same as, or similar to, those of the CEO;

                     (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 educational services) relating to sports doping and safety matters;

                   (ka)  to make resources and facilities (including secretariat services and clerical assistance) available to the Advisory Group for the purposes of enabling the Advisory Group to perform its function;

                   (kb)  to make resources and facilities (including secretariat services and clerical assistance) available to the ADRVP for the purposes of enabling the ADRVP to perform its functions;

                      (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 CEO 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 doping and safety matter, see section 4.

          (1A)  In performing his or her functions and exercising his or her powers, the CEO must have regard to the advice and recommendations given to him or her by the Advisory Group or an advisory committee.

Constitutional limits

             (2)  The CEO may perform his or her 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

                     (c)  for purposes related to the granting of financial assistance to a State on such terms and conditions as the Parliament thinks fit; or

                     (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; or

                     (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

                             (ii)  maintains or improves the specialised technical skills of the ASADA staff in relation to the testing of athletes;

                            and does not impede the CEO’s capacity to perform his or her other functions.

22  CEO’s powers

                   The CEO has the power to do all things necessary or convenient to be done for or in connection with the performance of his or her functions.

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.

24  Minister may give directions to the CEO

             (1)  The Minister may, by legislative instrument, give directions to the CEO in relation to the performance of his or her functions and the exercise of his or her powers.

Note:          For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.

             (2)  However, such a direction must not relate to:

                     (a)  a particular athlete, or a particular support person, who is subject to the NAD scheme; or

                     (b)  the testing of a particular athlete under an anti‑doping testing service, or safety checking service, being provided by the CEO under contract on behalf of the Commonwealth.

             (3)  The CEO must comply with a direction under subsection (1).

             (4)  Subsection (3) does not apply to the extent that the direction relates to the CEO’s performance of functions or exercise of powers under the Financial Management and Accountability Act 1997 or as an Agency Head under the Public Service Act 1999.


 

Division 2Appointment of CEO

24A  Appointment of CEO

             (1)  The CEO is to be appointed by the Minister, by written instrument, on a full‑time basis.

             (2)  An Advisory Group member or an ADRVP member is not eligible for appointment as the CEO.

             (3)  The appointment of a person as CEO is not invalid because of a defect or irregularity in connection with the person’s appointment.

24B  Period of appointment for CEO

                   The CEO holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.

Note:          For re‑appointment, see subsection 33(4A) of the Acts Interpretation Act 1901.

24C  Acting CEO

             (1)  The Minister may, by written instrument, appoint a person to act as CEO:

                     (a)  during a vacancy in the office of CEO (whether or not an appointment has previously been made to that office); or

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

                              (i)  is absent from duty or from Australia; or

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

             (2)  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

                     (c)  the appointment had ceased to have effect; or

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

Note:          See sections 20 and 33A of the Acts Interpretation Act 1901.


 

Division 3Terms and conditions for CEO

24D  Remuneration

             (1)  The CEO 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 CEO is to be paid the remuneration that is prescribed by the regulations.

             (2)  The CEO is to be paid the allowances that are prescribed by the regulations.

             (3)  This section has effect subject to the Remuneration Tribunal Act 1973.

24E  Disclosure of interests

                   The CEO must give written notice to the Minister of all interests, pecuniary or otherwise, that the CEO has or acquires and that conflict or could conflict with the proper performance of the CEO’s functions.

Note:          If the CEO attends and participates in a meeting of the Advisory Group and has an interest, pecuniary or otherwise, in a matter being considered by the Advisory Group, the CEO must disclose that interest to the meeting—see section 32.

24F  Outside employment

                   The CEO must not engage in paid employment outside the duties of his or her office without the Minister’s approval.

24G  Leave of absence

             (1)  The CEO has the recreation leave entitlements that are determined by the Remuneration Tribunal.

             (2)  The Minister may grant to the CEO leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines in writing.

24H  Resignation

             (1)  The CEO may resign his or her appointment by giving the Minister a written resignation.

             (2)  The resignation takes effect on the day on which it is received by the Minister or, if a later day is specified in the resignation, on that later day.

24J  Termination of appointment

             (1)  The Minister may terminate the appointment of the CEO for misbehaviour or physical or mental incapacity.

             (2)  The Minister may terminate the appointment of the CEO if:

                     (a)  the CEO:

                              (i)  becomes bankrupt; or

                             (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 CEO fails, without reasonable excuse, to comply with section 24E or 32; or

                     (c)  the CEO is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or

                     (d)  the CEO engages, without the Minister’s approval, in paid employment outside the duties of his or her office (see section 24F); or

                     (e)  the CEO commits an offence against section 71 or 72.

24K  Other terms and conditions

                   The CEO holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined, in writing, by the Minister.


 

Division 4ASADA’s staff etc.

24L  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 CEO and the ASADA staff together constitute a Statutory Agency; and

                     (b)  the CEO is the Head of that Statutory Agency.

24M  Persons assisting the CEO

                   The CEO may 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 CEO in connection with the performance of any of his or her functions.


 

Division 5Delegation

24N  Delegation by the CEO

             (1)  The CEO may, by writing, delegate any or all of his or her functions and powers to:

                     (a)  a member of the ASADA staff; or

                     (b)  an individual whose services are made available to the CEO under section 24M; or

                     (c)  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 a legislative instrument amending the NAD scheme.

             (3)  Paragraph (1)(c) does not apply to a function or power unless it is conferred by the NAD scheme.

             (4)  A delegate must comply with any written directions of the CEO.


 

Division 6Advisory committees

24P  Advisory committees

             (1)  The CEO may, by writing, establish advisory committees to assist the CEO in performing any of the CEO’s functions.

Note:          For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.

             (2)  An advisory committee consists of such Advisory Group members as the CEO determines.

             (3)  The CEO must determine, in relation to an advisory committee, the terms and conditions of appointment of the advisory committee members.

             (4)  The CEO 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.

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

             (6)  A direction made under subsection (4) is not a legislative instrument.


 

Part 4Advisory Group

Division 1Advisory Group’s establishment, function and powers

25  Establishment of Advisory Group

                   The Advisory Group of the ASADA is established by this section.

25A  Advisory Group’s function and powers

             (1)  The Advisory Group’s function is, at the request of the CEO, to provide advice and make recommendations to the CEO on a matter relating to the CEO’s functions.

             (2)  The Advisory Group has the power to do all things necessary or convenient to be done for or in connection with the performance of its function.

             (3)  To avoid doubt, the Advisory Group cannot give any directions to the CEO.


 

Division 2Advisory Group’s membership

26  Advisory Group’s membership

                   The Advisory Group consists of at least 2, and not more than 7, members.

27  Appointment of Advisory Group members

             (1)  Each Advisory Group member is to be appointed by the Minister, by written instrument, on a part‑time basis.

Note:          For re‑appointment, see subsection 33(4A) of the Acts Interpretation Act 1901.

             (2)  The Minister must not appoint a person as an Advisory Group member unless:

                     (a)  the Minister is satisfied that the person has appropriate knowledge or experience, which may include, for example, knowledge or experience in:

                              (i)  education and training (so as to increase awareness of sports doping and safety matters); or

                             (ii)  sports medicine; or

                            (iii)  sports law; or

                            (iv)  ethics; or

                             (v)  investigative practices or techniques; and

                     (b)  the person is ordinarily resident in Australia.

             (3)  The CEO or an ADRVP member is not eligible for appointment as an Advisory Group member.

             (4)  The Minister must appoint one Advisory Group member to be the Advisory Group Chair.

             (5)  The appointment of a person as an Advisory Group member or as the Advisory Group Chair is not invalid because of a defect or irregularity in connection with the person’s appointment.

28  Period of appointment for Advisory Group members

                   An Advisory Group member holds office for the period specified in his or her instrument of appointment. The period must not exceed 3 years.

Note:          For re‑appointment, see subsection 33(4A) of the Acts Interpretation Act 1901.

29  Acting Advisory Group members

Acting Advisory Group Chair

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

                     (a)  during a vacancy in the office of the Advisory Group Chair, whether or not an appointment has previously been made to the office; or

                     (b)  during any period, or during all periods, when the Advisory Group Chair:

                              (i)  is absent from duty or Australia; or

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

Acting Advisory Group member (other than Advisory Group Chair)

             (2)  The Minister may appoint a person to act as an Advisory Group member (other than the Advisory Group Chair):

                     (a)  during a vacancy in the office of an Advisory Group member (other than the Advisory Group Chair), whether or not an appointment has previously been made to the office; or

                     (b)  during any period, or during all periods, when an Advisory Group member (other than the Advisory Group 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 Advisory Group Chair; or

                     (b)  an Advisory Group member (other than the Advisory Group Chair);

unless the person is eligible for appointment as an Advisory Group member.

Note:          See subsections 27(2) and (3).

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

                     (c)  the appointment had ceased to have effect; or

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

Note:          See section 33A of the Acts Interpretation Act 1901.


 

Division 3Terms and conditions for Advisory Group members

30  Remuneration

             (1)  An Advisory Group 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 Advisory Group member is to be paid the remuneration that is prescribed in the regulations.

             (2)  An Advisory Group 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  Disclosure of interests to the Minister

                   An Advisory Group member must give written notice to the Minister of all interests, pecuniary or otherwise, that the member has or acquires and that conflict or could conflict with the proper performance of the Advisory Group’s function.

32  Disclosure of interests to the Advisory Group

             (1)  An Advisory Group member who has an interest, pecuniary or otherwise, in a matter being considered or about to be considered by the Advisory Group must disclose the nature of the interest to a meeting of the Advisory Group.

             (2)  The disclosure must be made as soon as possible after the relevant facts have come to the knowledge of the Advisory Group member.

             (3)  The disclosure must be recorded in the minutes of the meeting.

             (4)  Unless the Advisory Group otherwise determines, the Advisory Group member:

                     (a)  must not be present during any deliberation by the Advisory Group on the matter; and

                     (b)  must not take part in any decision of the Advisory Group with respect to the matter.

             (5)  For the purposes of making a determination under subsection (4), the Advisory Group member:

                     (a)  must not be present during any deliberation of the Advisory Group for the purpose of making the determination; and

                     (b)  must not take part in making the determination.

             (6)  A determination under subsection (4) must be recorded in the minutes of the meeting.

             (7)  If the CEO attends and participates in a meeting of the Advisory Group, this section applies as if a reference to an Advisory Group member included a reference to the CEO.

33  Outside employment

                   An Advisory Group member must not engage in any paid employment that, in the Minister’s opinion, conflicts or may conflict with the proper performance of his or her duties.

34  Leave of absence

             (1)  The Minister may grant leave of absence to the Advisory Group Chair on the terms and conditions that the Minister determines.

             (2)  The Advisory Group Chair may grant leave of absence to any other Advisory Group member on the terms and conditions that the Advisory Group Chair determines.

36  Resignation

             (1)  An Advisory Group member may resign his or her appointment by giving the Minister a written resignation.

          (1A)  The Advisory Group Chair may resign his or her appointment as the Advisory Group Chair without resigning his or her appointment as an Advisory Group member.

             (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.

37  Termination of appointment

             (1)  The Minister may terminate the appointment of an Advisory Group member for misbehaviour or physical or mental incapacity.

             (2)  The Minister may terminate the appointment of an Advisory Group member if:

                     (a)  the Advisory Group member:

                              (i)  becomes bankrupt; or

                             (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 Advisory Group member fails, without reasonable excuse, to comply with section 31 or 32; or

                     (c)  the Advisory Group member engages in paid employment that, in the Minister’s opinion, conflicts or may conflict with the proper performance of his or her duties (see section 33); or

                     (d)  the Advisory Group member is absent, except on leave of absence, from 3 consecutive meetings of the Advisory Group; or

                     (e)  the Advisory Group member commits an offence against section 71 or 72.

38  Other terms and conditions

                   An Advisory Group 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.


 

Division 4Meetings

39  Holding of meetings

Holding meetings

             (1)  A meeting of the Advisory Group may be convened by the CEO only. The CEO may convene a meeting at any time.

             (2)  The CEO may attend and participate in a meeting of the Advisory Group.

Procedure of meetings

             (3)  Subject to subsection (5), the CEO may, by writing, determine matters relating to the operation of the Advisory Group.

             (4)  Subject to subsection (5), if no determination is in force for the purposes of subsection (3), the Advisory Group may operate in the way it determines.

             (5)  The Advisory Group Chair must ensure that minutes of meetings are kept.

Legislative instrument

             (6)  A determination made under subsection (3) is not a legislative instrument.


 

Part 5Anti‑Doping Rule Violation Panel

Division 1ADRVP’s establishment and functions

40  Establishment of ADRVP

                   The Anti‑Doping Rule Violation Panel is established by this section.

41  ADRVP’s functions

             (1)  The ADRVP has the following functions:

                     (a)  the functions set out in the NAD scheme;

                     (b)  such other functions as are conferred on the ADRVP by this Act or any other law of the Commonwealth;

                     (c)  to do anything incidental to or conducive to the performance of any of its functions.

Note:          Paragraph (a)—see paragraphs 13(1)(h), (ha), (i) and (l).

Constitutional limits

             (2)  Subsection 21(2) applies to the functions of the ADRVP in a corresponding way to the way in which it applies to the functions of the CEO.


 

Division 2ADRVP’s membership

42  ADRVP’s membership

                   The ADRVP consists of at least 4, and not more than 7, members.

43  Appointment of ADRVP members

             (1)  Each ADRVP member is to be appointed by the Minister, by written instrument, on a part‑time basis.

             (2)  The Minister must not appoint a person as an ADRVP member unless:

                     (a)  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)  sports law;

                            (iv)  ethics;

                             (v)  investigative practices or techniques; and

                     (b)  the person is ordinarily resident in Australia.

             (3)  The CEO or an Advisory Group member is not eligible for appointment as an ADRVP member.

             (4)  The Minister must appoint one ADRVP member to be the ADRVP Chair.

             (5)  The appointment of a person as an ADRVP member or as the ADRVP Chair is not invalid because of a defect or irregularity in connection with the person’s appointment.

44  Period of appointment for ADRVP members

                   An ADRVP member holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.

Note:          For re‑appointment, see subsection 33(4A) of the Acts Interpretation Act 1901.

45  Acting ADRVP members

             (1)  The Minister may appoint a member to act as the ADRVP Chair:

                     (a)  during a vacancy in the office of the ADRVP Chair, whether or not an appointment has previously been made to the office; or

                     (b)  during any period, or during all periods, when the ADRVP Chair:

                              (i)  is absent from duty or from Australia; or

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

             (2)  The Minister may appoint a person to act as an ADRVP member (other than the ADRVP Chair):

                     (a)  during a vacancy in the office of an ADRVP member (other than the ADRVP Chair), whether or not an appointment has previously been made to the office; or

                     (b)  during any period, or during all periods, when an ADRVP member (other than the ADRVP Chair):

                              (i)  is absent from duty or from Australia; or

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

             (3)  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 is a defect or irregularity in connection with the appointment; or

                     (c)  the appointment had ceased to have effect; or

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

Note:          See sections 20 and 33A of the Acts Interpretation Act 1901.


 

Division 3Terms and conditions for ADRVP members

46  Remuneration

             (1)  An ADRVP 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 ADRVP member is to be paid the remuneration that is prescribed by the regulations.

             (2)  An ADRVP member is to be paid the allowances that are prescribed by the regulations.

             (3)  This section has effect subject to the Remuneration Tribunal Act 1973.

47  Outside employment

                   An ADRVP member must not engage in any paid employment that, in the Minister’s opinion, conflicts or may conflict with the proper performance of his or her duties.

48  Disclosure of interests to the Minister

                   An ADRVP member must give written notice to the Minister of all interests, pecuniary or otherwise, that the member has or acquires and that conflict or could conflict with the proper performance of the ADRVP’s functions.

49  Disclosure of interests to the ADRVP

             (1)  An ADRVP member who has an interest, pecuniary or otherwise, in a matter being considered or about to be considered by the ADRVP must disclose the nature of the interest to a meeting of the ADRVP.

             (2)  The disclosure must be made as soon as possible after the relevant facts have come to the knowledge of the ADRVP member.

             (3)  The disclosure must be recorded in the minutes of the meeting.

             (4)  Unless the ADRVP otherwise determines, the ADRVP member:

                     (a)  must not be present during any deliberation by the ADRVP on the matter; and

                     (b)  must not take part in any decision of the ADRVP with respect to the matter.

             (5)  For the purposes of making a determination under subsection (4), the ADRVP member:

                     (a)  must not be present during any deliberation of the ADRVP for the purpose of making the determination; and

                     (b)  must not take part in making the determination.

             (6)  A determination under subsection (4) must be recorded in the minutes of the meeting.

50  ADRVP member to remain at arm’s length from deliberations and decisions of sporting administration bodies

                   An ADRVP 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 ADRVP in relation to the matter.

50A  Leave of absence

             (1)  The Minister may grant leave of absence to the ADRVP Chair on the terms and conditions that the Minister determines.

             (2)  The ADRVP Chair may grant leave of absence to another ADRVP member on the terms and conditions that the ADRVP Chair determines.

50B  Resignation

             (1)  An ADRVP member may resign his or her appointment by giving the Minister a written resignation.

             (2)  The ADRVP Chair may resign his or her appointment as the ADRVP Chair without resigning his or her appointment as an ADRVP member.

             (3)  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.

50C  Termination of appointment

             (1)  The Minister may terminate the appointment of an ADRVP member for misbehaviour or physical or mental incapacity.

             (2)  The Minister may terminate the appointment of an ADRVP member if:

                     (a)  the ADRVP member:

                              (i)  becomes bankrupt; or

                             (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 ADRVP member fails, without reasonable excuse, to comply with section 48, 49 or 50; or

                     (c)  the ADRVP member engages in paid employment that, in the Minister’s opinion, conflicts or may conflict with the proper performance of his or her duties (see section 47); or

                     (d)  the ADRVP member is absent, except on leave of absence, from 3 consecutive meetings of the ADRVP; or

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

50D  Other terms and conditions

                   An ADRVP 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.


 

Division 4Meetings

50E  Holding of meetings

Holding meetings

             (1)  The ADRVP is to hold such meetings as are necessary for the performance of its functions.

Procedure of meetings

             (2)  Subject to subsection (3), the ADRVP Chair may, by writing, determine matters relating to the operation of the ADRVP.

             (3)  The ADRVP Chair must ensure that minutes of meetings are kept.

Legislative instrument

             (4)  A determination made under subsection (2) is not a legislative instrument.


 

Part 7Australian Sports Drug Medical Advisory Committee

Division 1ASDMAC’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 CEO and the ASC about:

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

                             (ii)  sports doping and safety matters;

                     (c)  to give information to sporting administration bodies about individual cases that involve:

                              (i)  sports doping 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 doping 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 doping and safety matter, see section 4.

Constitutional limits

             (2)  Subsection 21(2) applies to the functions of the ASDMAC in a corresponding way to the way in which it applies to the functions of the CEO.


 

Division 2ASDMAC’s membership

53  ASDMAC’s membership

                   The ASDMAC consists of the following members:

                     (a)  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.

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).

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

                     (c)  the appointment had ceased to have effect; or

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

Note:          See section 33A of the Acts Interpretation Act 1901.


 

Division 3Terms 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

                     (b)  is a member of, or is involved in any way in the administration of, a sporting administration body; or

                     (c)  is involved in any way in the administration of a sporting 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 CEO under contract on behalf of the Commonwealth; or

                            (iv)  an individual who could be tested under an anti‑doping testing service, or a safety checking service, being provided by the CEO under contract on behalf of the Commonwealth.

             (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.

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

                     (a)  describing the interest and the matter; and

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

Some types of interests that must be disclosed

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

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

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

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

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

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

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

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

             (5)  Subsection (1) applies to interests:

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

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

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

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.

             (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; or

                             (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

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


 

Division 4Decision‑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.

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.


 

Part 8Information management

Division 1Access to, and use of, customs information

67  CEO’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 CEO is taken to be the principal officer of that Commonwealth agency; and

                     (c)  if protected information (within the meaning of that section) relates to the importation into Australia, or the attempted importation into Australia, of a prohibited substance (within the meaning of the NAD scheme), and any of the following conditions is satisfied:

                              (i)  the importation or attempted importation contravenes a law of the Commonwealth;

                             (ii)  there are reasonable grounds to suspect that an athlete subject to the NAD scheme, or a support person subject to the NAD scheme, is responsible for the importation or attempted importation;

                            (iii)  there are reasonable grounds to suspect that the prohibited substance is for use by one or more athletes subject to the NAD scheme;

                            the information is taken to be information that will be used by the ASADA for the purposes of the ASADA’s functions; and

                     (d)  the use or further disclosure of the information for the purpose of:

                              (i)  the CEO’s administration of the NAD scheme; or

                             (ii)  the performance by the CEO of his or her functions under section 68;

                            is taken to be authorised by law; and

                   (da)  the use or further disclosure of the information for the purpose of the performance by the Advisory Group of its function, to the extent that the performance of the function relates to the CEO’s administration of the NAD scheme, is taken to be authorised by law; and

                   (db)  the use or further disclosure of the information for the purpose of the performance by an advisory committee of its functions, to the extent that the performance of a function relates to the CEO’s administration of the NAD scheme, is taken to be authorised by law; and

                   (dc)  the use or further disclosure of the information for the purpose of the performance by the ADRVP of its functions under the NAD scheme is taken to be authorised by law; and

                     (e)  the purpose of the CEO’s administration of the NAD scheme is taken to be a permissible purpose referred to in a paragraph of subsection 16(9) of the Customs Administration Act 1985; and

                      (f)  the purpose of the performance by the CEO of his or her 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

                    (fa)  the purpose of the performance by the Advisory Group of its function, to the extent that the performance of the function relates to the CEO’s administration of the NAD scheme, is taken to be a permissible purpose referred to in a paragraph of subsection 16(9) of the Customs Administration Act 1985; and

                    (fb)  the purpose of the performance by an advisory committee of its functions, to the extent that the performance of a function relates to the CEO’s administration of the NAD scheme, is taken to be a permissible purpose referred to in a paragraph of subsection 16(9) of the Customs Administration Act 1985; and

                    (fc)  the purpose of the performance by the ADRVP of its functions under the NAD scheme is taken to be a permissible purpose referred to in a paragraph of subsection 16(9) of the Customs Administration Act 1985; and

                     (g)  the disclosure of the information, under section 16 of the Customs Administration Act 1985, to the CEO, or to a person acting on the CEO’s behalf:

                              (i)  is taken to be necessary for a permissible purpose mentioned in paragraph (e), (f), (fa), (fb) or (fc); 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 CEO, or to a person acting on the CEO’s behalf, under section 16 of the Customs Administration Act 1985.

             (3)  The CEO, in administering the NAD scheme, may have regard to protected customs information.

             (4)  Subsection (3) does not limit the matters to which the CEO may have regard.

             (5)  The CEO may disclose protected customs information to the Advisory Group, an advisory committee or the ADRVP for the purpose of any of those bodies performing a function, to the extent that the performance of the function relates to the CEO’s administration of the NAD scheme.

             (6)  When performing a function, the Advisory Group, an advisory committee or the ADRVP may have regard to protected customs information.

             (7)  Subsection (6) does not limit the matters to which the Advisory Group, an advisory committee or the ADRVP may have regard.

68  Disclosing protected customs information to sporting administration bodies

CEO may disclose protected customs information

             (1)  The functions of the CEO include disclosing protected customs information to a sporting administration body if:

                     (a)  the CEO is satisfied that the information should be disclosed to the body for permitted anti‑doping purposes of the body; and

                     (b)  the body has given a written undertaking that:

                              (i)  the body will use or disclose the information only for permitted anti‑doping purposes of the body; and

                             (ii)  the body will take reasonable steps to satisfy itself that the information will not be used or disclosed, by a person to whom the body has disclosed the information, in a way that would be unfairly prejudicial to the interests of the person to whom the information relates; and

                     (c)  the CEO is satisfied that the disclosure of the information would not contravene any terms of the authorisation under which the information was disclosed to the CEO, or to a person acting on the CEO’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 CEO 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 CEO considers it appropriate in the circumstances to specify a lesser number of days—that lesser number of days.

             (4)  The information must not be disclosed under this section unless:

                     (a)  the submission period has ended; and

                     (b)  the ASADA has considered any submission that has been made within the submission period.

             (5)  If the ASADA receives a submission from the person before the end of the submission period, the ASADA may, for the purposes of subsection (4), take the submission period to have ended immediately after the receipt of the submission.

CEO may specify other conditions etc.

             (6)  The CEO may specify the manner in which, or the conditions under which, the disclosure is to be made (including the form in which the information is to be presented and the mode of transmitting the information).

Permitted anti‑doping purposes

             (7)  For the purposes of this Act, each of the following purposes is a permitted anti‑doping purpose of a sporting administration body:

                     (a)  investigating possible breaches of a current policy of the body about drugs and/or doping methods;

                     (b)  determining whether to take action under such a policy of the body;

                     (c)  determining what action to take under such a policy of the body;

                     (d)  taking action under such a policy of the body;

                     (e)  taking, or participating in, any proceedings relating to action that has been taken under such a policy of the body.

Other disclosures

             (8)  This section does not, by implication, limit the disclosures that may be made for the purposes of the administration of the NAD scheme.


 

Division 2Protection of personal information

69  Entrusted persons

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

                     (a)  the CEO; or

                    (aa)  an Advisory Group member; or

                     (b)  a member of the ASADA staff; or

                     (c)  a person engaged by the Commonwealth to perform services for the CEO, the ADRVP or the ASDMAC; or

                     (d)  a designated associate of:

                              (i)  a person; or

                             (ii)  a partnership;

                            engaged by the Commonwealth to perform services for the CEO, the ADRVP or the ASDMAC; or

                     (e)  an individual whose services are made available to the CEO under section 24M; or

                      (f)  an individual appointed as a chaperone, or as a drug testing official, under the NAD scheme; or

                    (fa)  an ADRVP member; or

                     (g)  an ASDMAC member; or

                     (h)  an advisory committee member; or

                      (i)  an individual attending a meeting of:

                              (i)  the Advisory Group; or

                             (ii)  an advisory committee.

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.

             (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;

                     (c)  an employee of the partnership.

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

                     (c)  the person discloses the information to someone else.

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;

                     (c)  a disclosure with the consent of the individual to whom the 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 Customs;

                    (fa)  a disclosure to the body in a State or Territory responsible for the registration of medical practitioners in that State or Territory;

                    (fb)  a disclosure to a body in a foreign country responsible for the registration of medical practitioners in, or in a part of, that country;

                    (fc)  a disclosure to an authority of the Commonwealth, a State or a Territory that has functions relating to law enforcement;

                    (fd)  a disclosure to a national regulatory authority of another country that has national responsibility relating to law enforcement;

                    (fe)  a disclosure to an international organisation that has functions relating to law enforcement;

                     (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:

                     (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

                     (c)  the person discloses the information to someone else.

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;

                     (c)  a disclosure with the consent of the individual to whom the 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 Customs;

                    (fa)  a disclosure to the body in a State or Territory responsible for the registration of medical practitioners in that State or Territory;

                    (fb)  a disclosure to a body in a foreign country responsible for the registration of medical practitioners in, or in a part of, that country;

                    (fc)  a disclosure to an authority of the Commonwealth, a State or a Territory that has functions relating to law enforcement;

                    (fd)  a disclosure to a national regulatory authority of another country that has national responsibility relating to law enforcement;

                    (fe)  a disclosure to an international organisation that has functions relating to law enforcement;

                     (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 CEO 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;

                     (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.


 

Part 9Other matters

  

74  Annual report

             (1)  The CEO must, as soon as practicable after the end of each financial year, prepare and give to the Minister a report of the CEO’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 CEO to prepare reports or give information

Reports

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

                     (a)  to prepare a report about one or more specified matters relating to the performance of the CEO’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 CEO, require the CEO to:

                     (a)  prepare a document setting out specified information relating to the performance of the CEO’s functions; and

                     (b)  give a copy of the document to the Minister within the period specified in the notice.

Compliance

             (3)  The CEO 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.

78  Protection from civil actions

             (1)  Each of the following:

                     (a)  the CEO;

                     (b)  a member of the ASADA staff;

                     (c)  an individual whose services are made available to the CEO under section 24M;

                     (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 CEO; or

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

          (1A)  An Advisory Group 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 the Advisory Group’s function; or

                     (b)  in the exercise or purported exercise of any power of the Advisory Group; or

                     (c)  in the performance or purported performance of an advisory committee’s function.

          (1B)  An ADRVP 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 ADRVP; or

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

             (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 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 CEO or the ADRVP; or

                     (b)  in the exercise or purported exercise of any power of the CEO or the ADRVP.

             (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, the CEO, the Advisory Group, the ADRVP or the ASDMAC alleging a possible violation of an anti‑doping rule;

                     (b)  the making of a statement to, or the giving of a document or information to, the ASADA, the CEO, the Advisory Group, the ADRVP or the ASDMAC in connection with an investigation under the NAD scheme;

                     (c)  the making of a statement to, or the giving of a document or information to, the ASADA, the CEO, the Advisory Group, the ADRVP 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 or the CEO in connection with the performance by the CEO of any of his or her functions under the NAD scheme;

                   (da)  the making of a statement to, or the giving of a document or information to, the ADRVP in connection with the performance by the ADRVP 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.


Notes to the Australian Sports Anti-Doping Authority Act 2006

Note 1

The Australian Sports Anti‑Doping Authority Act 2006 as shown in this compilation comprises Act No. 6, 2006 amended as indicated in the Tables below.

For all relevant information pertaining to application, saving or transitional provisions see Table A.

Table of Acts

Act

Number
and year

Date
of Assent

Date of commencement

Application, saving or transitional provisions

Australian Sports Anti‑Doping Authority Act 2006

6, 2006

7 Mar 2006

Ss. 3–79: 13 Mar 2006 (see F2006L00764)
Remainder: Royal Assent

 

Customs Legislation Amendment (Name Change) Act 2009

33, 2009

22 May 2009

Schedule 2 (items 12, 13): 23 May 2009

Australian Sports Anti‑Doping Authority Amendment Act 2009

113, 2009

16 Nov 2009

Schedule 1 (items 1–123, 126–138) and Schedule 2: 1 Jan 2010

Sch. 1 (items 126–138)

Statute Law Revision Act 2010

8, 2010

1 Mar 2010

Schedule 5 (items 12–14): Royal Assent
Schedule 5 (item 137(a)): (a)

Acts Interpretation Amendment Act 2011

46, 2011

27 June 2011

Schedule 2 (items 243–258) and Schedule 3 (items 10, 11): [see Note 2 and Table A]

Sch. 3 (items 10, 11)


(a)     Subsection 2(1) (items 31 and 38) of the Statute Law Revision Act 2010 provides as follows:

                 (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

31.  Schedule 5, items 1 to 51

The day this Act receives the Royal Assent.

1 March 2010

38.  Schedule 5, Parts 2 and 3

Immediately after the provision(s) covered by table item 31.

1 March 2010


Table of Amendments

ad. = added or inserted    am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

Part 1

 

S. 3......................................

rep. No. 113, 2009

S. 4......................................

am. No. 113, 2009; No. 8, 2010

S. 5......................................

am. No. 113, 2009

Part 2

 

Division 1

 

Note to s. 9.........................

rs. No. 113, 2009

S. 10....................................

rs. No. 113, 2009

S. 11....................................

am. No. 113, 2009

Division 2

 

Ss. 13–15............................

am. No. 113, 2009

Division 3

 

Ss. 18, 19............................

am. No. 113, 2009

Part 3

 

Heading to Part 3..............

rs. No. 113, 2009

S. 20....................................

rs. No. 113, 2009

Ss. 20A–20C.......................

ad. No. 113, 2009

Part 3A

 

Heading to Part 3A............

ad. No. 113, 2009

Division 1

 

Heading to Div. 1 of Part 3A....................................

ad. No. 113, 2009

S. 20D.................................

ad. No. 113, 2009

Heading to s. 21................

am. No. 113, 2009

S. 21....................................

am. No. 113, 2009

Note to s. 21(1)..................

am. No. 113, 2009

S. 22....................................

rs. No. 113, 2009

S. 23....................................

rep. No. 113, 2009

Heading to s. 24................

am. No. 113, 2009

S. 24....................................

am. No. 113, 2009

Division 2

 

Div. 2 of Part 3A.................

ad. No. 113, 2009

Ss. 24A–24C.......................

ad. No. 113, 2009

Division 3

 

Div. 3 of Part 3A.................

ad. No. 113, 2009

Ss. 24D–24H......................

ad. No. 113, 2009

Ss. 24J, 24K.......................

ad. No. 113, 2009

Division 4

 

Div. 4 of Part 3A.................

ad. No. 113, 2009

Ss. 24L, 24M.......................

ad. No. 113, 2009

Division 5

 

Div. 5 of Part 3A.................

ad. No. 113, 2009

S. 24N.................................

ad. No. 113, 2009

Division 6

 

Div. 6 of Part 3A.................

ad. No. 113, 2009

S. 24P.................................

ad. No. 113, 2009

Part 4

 

Heading to Part 4..............

rs. No. 113, 2009

Division 1

 

Div. 1 of Part 4...................

rs. No. 113, 2009

S. 25....................................

rs. No. 113, 2009

S. 25A.................................

ad. No. 113, 2009

Division 2

 

Heading to Div. 2 of Part 4........................................

rs. No. 113, 2009

Ss. 26, 27............................

rs. No. 113, 2009

Heading to s. 28................

am. No. 113, 2009

S. 28....................................

am. No. 113, 2009

Heading to s. 29................

am. No. 113, 2009

Subheads. to s. 29(1), (2).

am. No. 113, 2009

S. 29....................................

am. No. 113, 2009

Division 3

 

Heading to Div. 3 of Part 4........................................

rs. No. 113, 2009

S. 30....................................

am. No. 113, 2009

Ss. 31–34............................

rs. No. 113, 2009

S. 35....................................

rep. No. 113, 2009

S. 36....................................

am. No. 113, 2009

S. 37....................................

rs. No. 113, 2009

S. 38....................................

am. No. 113, 2009

Division 4

 

Div. 4 of Part 4...................

ad. No. 113, 2009

S. 39....................................

rs. No. 113, 2009

Part 5

 

Part 5..................................

rs. No. 113, 2009

Division 1

 

Ss. 40, 41............................

rs. No. 113, 2009

Division 2

 

Ss. 42–45............................

rs. No. 113, 2009

Division 3

 

Ss. 46–50............................

rs. No. 113, 2009

Ss. 50A–50D.......................

ad. No. 113, 2009

Division 4

 

S. 50E.................................

ad. No. 113, 2009

Part 6..................................

rep. No. 113, 2009

Part 7

 

Division 1

 

S. 52....................................

am. No. 113, 2009

Note to s. 52(1)..................

am. No. 113, 2009

Division 3

 

Ss. 58, 59............................

am. No. 113, 2009

Part 8

 

Division 1

 

Heading to s. 67................

am. No. 113, 2009

S. 67....................................

am. No. 113, 2009

Subhead. to s. 68(1)..........

am. No. 113, 2009

Subhead. to s. 68(6)..........

am. No. 113, 2009

S. 68....................................

am. No. 113, 2009

Division 2

 

S. 69....................................

am. No. 113, 2009

Ss. 71, 72............................

am. Nos. 33 and 113, 2009

Part 9

 

S. 74....................................

am. No. 113, 2009

Heading to s. 75................

am. No. 113, 2009

S. 75....................................

am. No. 113, 2009

Ss. 76, 77............................

rep. No. 113, 2009

S. 78....................................

am. No. 113, 2009


Note 2

Acts Interpretation Amendment Act 2011 (No. 46, 2011)

The following amendments commence on 27 December 2011 unless proclaimed earlier:

Schedule 2

243  Section 24B (note)

Repeal the note, substitute:

Note:          The CEO may be reappointed: see section 33AA of the Acts Interpretation Act 1901.

244  Subsection 24C(1)

Omit “(1)”.

245  At the end of subsection 24C(1)

Add:

Note:          For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

246  Subsection 24C(2)

Repeal the subsection.

247  Subsection 27(1) (note)

Repeal the note, substitute:

Note:          An Advisory Group member may be reappointed: see section 33AA of the Acts Interpretation Act 1901.

248  Section 28 (note)

Repeal the note, substitute:

Note:          An Advisory Group member may be reappointed: see section 33AA of the Acts Interpretation Act 1901.

249  At the end of subsections 29(1) and (2)

Add:

Note:          For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

250  Subsection 29(4)

Repeal the subsection.

251  Section 44 (note)

Repeal the note, substitute:

Note:          An ADRVP member may be reappointed: see section 33AA of the Acts Interpretation Act 1901.

252  At the end of subsections 45(1) and (2)

Add:

Note:          For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

253  Subsection 45(3)

Repeal the subsection.

254  Subsection 54(1) (note)

Repeal the note, substitute:

Note:          An ASDMAC member may be reappointed: see section 33AA of the Acts Interpretation Act 1901.

255  Section 55 (note)

Repeal the note, substitute:

Note:          An ASDMAC member may be reappointed: see section 33AA of the Acts Interpretation Act 1901.

256  At the end of subsections 56(1) and (2)

Add:

Note:          For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

257  Subsection 56(4)

Repeal the subsection.

258  Section 69 (note)

Omit “paragraph 22(1)(a)”, substitute “subsection 2C(1)”.

As at 29 August 2011 the amendments are not incorporated in this compilation.


Table A

Application, saving or transitional provisions

Australian Sports Anti‑Doping Authority Amendment Act 2009
(No. 113, 2009)

Schedule 1

126  Definitions

In this Part:

acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.

ADRVP has the same meaning as in the new law.

Advisory Group member has the same meaning as in the new law.

ASADA means the body corporate continued in existence by section 20 of the old law as a body corporate under the name Australian Sports Anti‑Doping Authority.

ASADA member has the same meaning as in the old law.

CEO has the same meaning as in the new law.

commencement time means the time when this Part commences.

financial liability means a liability to pay a person if the amount, or the method for working out the amount, has been determined.

instrument:

                     (a)  includes:

                              (i)  a contract, deed, undertaking or agreement; and

                             (ii)  a notice, authority, order or instruction; and

                            (iii)  an instrument made under an Act or regulations; but

                     (b)  does not include an Act.

just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.

liability means any liability, duty or obligation, whether actual, contingent or prospective.

new law means the Australian Sports Anti‑Doping Authority Act 2006 as in force immediately after the commencement time.

old law means the Australian Sports Anti‑Doping Authority Act 2006 as in force immediately before the commencement time.

127  Existing financial liabilities

            Any financial liabilities of the ASADA that exist immediately before the commencement time are taken, at the commencement time, to be liabilities of the Commonwealth.

128  Substitution of parties to proceedings

(1)       If any proceedings, other than proceedings referred to in subitem (2), to which the ASADA was a party were pending in any court or tribunal immediately before the commencement time, the Commonwealth is substituted for the ASADA, from the commencement time, as a party to the proceedings.

(2)       If any proceedings under subsection 14(4) of the old law were pending in the Administrative Appeals Tribunal immediately before the commencement time, the ADRVP is substituted for the ASADA, from the commencement time, as a party to the proceedings.

129  ASADA members

A person who is an ASADA member immediately before the commencement time ceases, immediately after the commencement time, to hold office as an ASADA member by force of this item.

130  Operation of laws—things done by, or in relation to, the ASADA or the ASADA members

(1)       If, before the commencement time, a thing was done by, or in relation to the ASADA or the ASADA members, then, for the purposes of the operation of any law after the commencement time, the thing is taken to have been done by, or in relation to, the CEO.

(2)       For the purposes of subitem (1), a thing done before the commencement time under a provision amended by Part 1 of this Schedule or by Schedule 2 has effect from that time as if it were done under that provision as amended. However, this is not taken to change the time at which the thing was actually done.

(3)       The Minister may, by writing, determine that subitem (1):

                     (a)  does not apply in relation to a specified thing done by, or in relation to, the ASADA or the ASADA members; or

                     (b)  applies as if the reference in that subitem to the CEO were a reference to the Commonwealth; or

                     (c)  applies as if the reference in that subitem to the CEO were a reference to the ADRVP.

A determination under this subitem has effect accordingly.

(4)       The regulations may provide for a thing specified in a determination under paragraph (3)(a) to be taken to have been done by, or in relation to, a person or body other than the CEO, the Commonwealth or the ADRVP.

(5)       To avoid doubt, for the purposes of this item, doing a thing includes making an instrument.

(6)       A determination made under subitem (3) is not a legislative instrument.

131  References in instruments

(1)       If:

                     (a)  an instrument is in force immediately before the commencement time; and

                     (b)  the instrument contains a reference to the ASADA or the ASADA members;

the instrument has effect from the commencement time as if the reference to the ASADA or the ASADA members, as the case requires, were a reference to the CEO.

(2)       The Minister may, by writing, determine that subitem (1):

                     (a)  does not apply in relation to a specified reference; or

                     (b)  applies, in relation to a specified reference, as if the reference in that subitem to the CEO were a reference to the Commonwealth; or

                     (c)  applies, in relation to a specified reference, as if the reference in that subitem to the CEO were a reference to the ADRVP.

A determination under this subitem has effect accordingly.

(3)       The regulations may provide that an instrument containing a reference specified in a determination under paragraph (2)(a) has effect from the commencement time as if the reference were a reference to a person or body other than the CEO, the Commonwealth or the ADRVP.

(4)       A determination made under subitem (2) is not a legislative instrument.

132  Members of the ADRVP

(1)       Subject to subitems (2), (3) and (4), a person who was an ASADA member immediately before the commencement time is taken to have been duly appointed, immediately after the commencement time, as a member of the ADRVP by the Minister under section 43 of the new law.

(2)       Despite section 44 of the new law, a member holds office, after the commencement time, for the period determined, in writing, by the Minister.

(3)       Despite Division 3 of Part 5 of the new law, a member holds office, after the commencement time, on the terms or conditions that are determined by the Minister.

(4)       Subitem (1) does not apply to a person who is:

                     (a)  the CEO; or

                     (b)  an Advisory Group member.

133  Matters being dealt with by the Anti‑Doping Rule Violation Committee to be dealt with by the ADRVP

If, immediately before the commencement time, the Anti‑Doping Rule Violation Committee was considering a possible violation of the anti‑doping rules, then:

                     (a)  the ADRVP must, if there is such a violation, make findings relating to the violation; and

                     (b)  a thing done by, or in relation to, the Committee in relation to the possible violation is taken to have been done by, or in relation to, the ADRVP.

134  Reporting requirements

Reports for periods ending after the commencement time

(1)       If:

                     (a)  immediately before the commencement time, a law required the ASADA or the ASADA members to provide a report (whether financial statements or otherwise) for a period; and

                     (b)  the period ends after the commencement time;

the CEO must provide the report, as required, for so much of the period as occurs before the commencement time.

(2)       If:

                     (a)  under subitem (1), the CEO is required to provide a report for a part of a period; and

                     (b)  the ASADA is also required to provide a similar report for the remainder of the period;

the CEO may meet the requirements in a single report for the period.

Reports for periods ending before the commencement time

(3)       If:

                     (a)  a law required the ASADA or the ASADA members to provide a report (whether financial statements or otherwise) for a period that ended before the commencement time; and

                     (b)  the report has not been provided by the commencement time;

the CEO must provide the report as required.

Application of law to CEO

(4)       To avoid doubt, if under this item the CEO is required to provide a report under a law, the law applies to the CEO in respect of the report in the same way as the law would have applied to the ASADA or the ASADA members in respect of the report.

135  Exemption from stamp duty and other State or Territory taxes

No stamp duty or other tax is payable under a law of a State or Territory in respect of, or in respect of anything connected with:

                     (a)  the transfer of a liability under this Part; or

                     (b)  the operation of this Part in any other respect.

136  Constitutional safety net—acquisition of property

(1)       If the operation of this Part would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.

(2)       If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.

137  Delegation by Minister

(1)       The Minister may, by writing, delegate all or any of his or her powers and functions under this Part to the CEO.

(2)       In exercising or performing powers or functions under a delegation, the CEO must comply with any directions of the Minister.

138  Regulations

(1)       The Governor‑General may make regulations prescribing matters:

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

                     (b)  necessary or convenient to be prescribed for carrying out or giving effect to this Part.

(2)       The Governor‑General may make regulations prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments or repeals made by Part 1 of this Schedule.

 

Acts Interpretation Amendment Act 2011 (No. 46, 2011)

The following provisions commence on 27 December 2011 unless proclaimed earlier:

Schedule 3

10  Saving—appointments

The amendments made by Schedule 2 do not affect the validity of an appointment that was made under an Act before the commencement of this item and that was in force immediately before that commencement.

11  Transitional regulations

The Governor‑General may make regulations prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments and repeals made by Schedules 1 and 2.