Federal Register of Legislation - Australian Government

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SLI 2009 No. 367 Regulations as made
These Regulations amend the Australian Sports Anti-Doping Authority Regulations 2006 to enable entrusted persons from the Australian Sports Anti-Doping Authority to be exempt from committing an offence when disclosing personal and/or contract information relating to the National Anti-Doping Scheme where such disclosure is required under the World Anti-Doping Code or international standards.
Administered by: Health
Exempt from sunsetting by the Legislative Instruments Act 2003 s 54(2) item 43
Registered 16 Dec 2009
Tabling HistoryDate
Tabled HR02-Feb-2010
Tabled Senate02-Feb-2010
Date of repeal 19 Mar 2014
Repealed by Health (Spent and Redundant Instruments) Repeal Regulation 2014

Australian Sports Anti-Doping Authority Amendment Regulations 2009 (No. 1)1

Select Legislative Instrument 2009 No. 367

I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Australian Sports Anti-Doping Authority Act 2006.

Dated 14 December 2009

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

KATE ELLIS


1              Name of Regulations

                These Regulations are the Australian Sports Anti-Doping Authority Amendment Regulations 2009 (No. 1).

2              Commencement

                These Regulations commence on 1 January 2010.

3              Amendment of Australian Sports Anti-Doping Authority Regulations 2006

                Schedule 1 amends the Australian Sports Anti-Doping Authority Regulations 2006.


Schedule 1        Amendments

(regulation 3)

 

[1]           After regulation 1

insert

1A           Definition

                In these Regulations:

Act means the Australian Sports Anti-Doping Authority Act 2006.

[2]           After regulation 5

insert

5A           Disclosing NAD Scheme personal information

         (1)   For paragraph 71 (2) (g) of the Act, NAD Scheme personal information may be disclosed if:

                (a)    the disclosure of the information is required by the World Anti-Doping Code to be disclosed and its disclosure complies with the Code; or

               (b)    the disclosure of the information is required by an International Standard and its disclosure complies with the International Standard.

Note   International Standard, NAD Scheme personal information and World Anti-Doping Code are defined in section 4 of the Act.

         (2)   However, ASADA must not disclose NAD Scheme personal information under subregulation (1) unless ASADA has taken reasonable steps to satisfy itself that the information disclosed will not be used or disclosed:

                (a)    if the disclosure is required by the World Anti-Doping Code — other than as required by the Code; or

               (b)    if the disclosure is required by an International Standard — other than as required by the International Standard.

5B           Disclosing contract services personal information

         (1)   For paragraph 72 (2) (h) of the Act, contract services personal information may be disclosed if:

                (a)    the disclosure of the information is required by the World Anti-Doping Code and its disclosure complies with the Code; or

               (b)    the disclosure of the information is required by an International Standard and its disclosure complies with the International Standard.

Note   Contract services personal information, International Standard and World Anti-Doping Code are defined in section 4 of the Act.

         (2)   However, ASADA must not disclose contract services personal information under subregulation (1) unless ASADA has taken reasonable steps to satisfy itself that the information disclosed will not be used or disclosed:

                (a)    if the disclosure is required by the World Anti-Doping Code — other than as required by the Code; or

               (b)    if the disclosure is required by an International Standard — other than as required by the International Standard.

[3]           Part 4

substitute

Part 4                 Remuneration

  

13            Remuneration of CEO

         (1)   For subsection 24D (1) of the Act, the CEO is to be paid the same total remuneration payable to the Chief Executive Officer, Australian Crime Commission, under Remuneration Tribunal Determination 2009/18.

         (2)   For subsection 24D (2) of the Act, the CEO is to be paid the same allowances payable to the Chief Executive Officer, Australian Crime Commission, under Part 4 of Remuneration Tribunal Determination 2009/18.

         (3)   However, if a Remuneration Tribunal determination is made that applies to the CEO and is in operation, the CEO is to be paid the allowances that apply to the person under the determination.

14            Remuneration of Advisory Group members

         (1)   For subsection 30 (1) of the Act, an Advisory Group member is to be paid the remuneration payable to the person under Remuneration Tribunal Determination 2009/14.

         (2)   For subsection 30 (2) of the Act, an Advisory Group member is to be paid the allowances payable to the person under Remuneration Tribunal Determination 2009/14.

         (3)   However, if a later Remuneration Tribunal determination applies to an Advisory Group member and is in operation, an Advisory Group member is to be paid the allowances that apply to the person under the later determination.

15            Remuneration of ADRVP members

         (1)   For subsection 46 (1) of the Act, an ADRVP member is to be paid the remuneration payable to the person under Remuneration Tribunal Determination 2009/14.

         (2)   For subsection 46 (2) of the Act, an ADRVP member is to be paid the allowances payable to the person under Remuneration Tribunal Determination 2009/14.

         (3)   However, if a later Remuneration Tribunal determination applies to an ADRVP member and is in operation, an ADRVP member is to be paid the allowances that apply to the person under the later determination.


Note

1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.