Australian Sports Drug Agency Act 1990

Part 1—Preliminary

1 Short title [see Note 1]

This Act may be cited as the Australian Sports Drug Agency Act 1990.

2 Interpretation

(1) In this Act, unless the contrary intention appears:

accredited laboratory has the meaning given by section 66.

Agency means the Australian Sports Drug Agency established by section 6.

analytical investigative body means a body recognised by a sporting administration body as a body that is qualified to investigate samples.

anti‑doping arrangement means an international arrangement specified in regulations made for the purposes of section 66A.

ASDMAC means the Australian Sports Drug Medical Advisory Committee established by section 65B.

ASDMAC Chairman means the Chairman 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 Chairman.

assessed means assessed by notice in writing given to the Agency.

Australia includes the external Territories.

Chairperson means the Chairperson of the Agency.

Chief Executive means the Chief Executive of the Agency.

Commission means the Australian Sports Commission established by the Australian Sports Commission Act 1989.

competitor has the meaning given by section 2A.

contract includes any arrangement, whether formal or informal.

Deputy Chairperson means the Deputy Chairperson of the Agency.

doping method includes:

(a) the manipulation or substitution of any of the following:
(i) any human biological fluid;
(ii) any human biological tissue (whether alive or otherwise);
(iii) any human breath;
in a manner that is capable of concealing the use of a drug by the person concerned; and
(b) the use of a substance in a manner that is capable of concealing the use of a drug by the person concerned.

drug includes any substance (whether naturally occurring or otherwise).

drug testing scheme means a scheme in force under section 11.

drug testing service means a service for testing one or more persons for the use of drugs, where:

(a) each person is a participant in a sporting activity; and
(b) the testing is by means of testing a sample provided by the person.

foreign anti‑doping body means:

(a) an organisation established in a foreign country for the purpose of discouraging or eliminating the use of drugs or doping methods in sport; or
(b) an accredited laboratory in a foreign country; or
(c) an International Sporting Federation.

foreign government sports agency means:

(a) a Department of State of a foreign country; or
(b) a government agency in a foreign country;

that oversees sport in that country.

foreign national sporting organisation means a national sporting organisation of a foreign country.

foreign sporting organisation means a foreign government sports agency, a foreign national sporting organisation or a foreign anti‑doping body.

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 an International Standard adopted by WADA in support of the World Anti‑Doping Code and, unless a contrary intention appears, means that Standard as in force from time to time.

member means a member of the Agency, and includes:

(a) the Chairperson; and
(b) the Deputy Chairperson; and
(c) the Chief Executive;

of the Agency.

NADO means a National Anti‑Doping Organization as defined in the World Anti‑Doping Code.

national sporting organisation, in relation to a particular sport, means:

(a) in respect of any country (including Australia)—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
(b) in respect of a country other than Australia, 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; or
(c) in respect of Australia, whether or not there is an International Sporting Federation that has international control over the sport—a sporting organisation that is recognised by the Commission, or is generally recognised, as being responsible for administering the affairs of the sport, or of a substantial part or section of the sport, in Australia.

negative test result, in relation to a competitor, means a finding that satisfies the following paragraphs:

(a) the finding is made by means of testing a sample provided by the competitor;
(b) the testing is:
(i) by an accredited laboratory; or
(ii) using analytical techniques and equipment specified in a drug testing scheme;
(c) the finding is not a positive test result.

non‑Australian means a person who is neither an Australian citizen nor a permanent resident.

operational plan means an operational plan of the Agency developed and prepared by the Agency under section 50.

organisation includes an academy, institute or other similar body.

permanent resident means a person who has been granted, or who is included in, an entry permit under the Migration Act 1958 that is in force, other than a temporary entry permit within the meaning of that Act.

positive test result, in relation to a competitor who competes in a particular field of sporting activity, means a finding that satisfies the following paragraphs:

(a) the finding is made by means of testing a sample provided by the competitor;
(b) the testing:
(i) reveals the presence of a scheduled drug in the sample or otherwise reveals the use by the competitor of a scheduled drug; or
(ii) reveals the use by the competitor of a scheduled doping method;
(c) if the schedule of the drug testing scheme (the governing scheme) that includes the drug or doping method sets out a permitted level in relation to that drug or doping method and that field of sporting activity—the testing reveals that the permitted level has been exceeded;
(d) the testing is:
(i) by an accredited laboratory; or
(ii) using analytical techniques and equipment specified in the governing scheme.

Register means a Register of Notifiable Events established under a drug testing scheme.

registered medical practitioner means a person registered or licensed as a medical practitioner under a law of a State or Territory.

relevant International Sporting Federation, in relation to a competitor, means an International Sporting Federation:

(a) of which the competitor’s relevant national sporting organisation is a member or with which that organisation is associated in any way; or
(b) of which the competitor’s relevant sporting organisation is a member or with which that organisation is associated in any way.

relevant national sporting organisation, in relation to a competitor, means a national sporting organisation:

(a) of which the competitor is, in his or her capacity as a competitor, a member or with which the competitor is, in that capacity, associated in any way; or
(b) of which the competitor’s relevant sporting organisation is a member or with which that organisation is associated in any way.

relevant sporting organisation, in relation to a competitor, means a sporting organisation (other than a national sporting organisation) of which the competitor is, in his or her capacity as a competitor, a member or with which the competitor is, in that capacity, associated in any way.

research includes statistical research.

safety checking service means a service for testing one or more persons for the purpose of ascertaining whether each person’s physiological or psychological state makes it unsafe for the person to participate in a sporting competition, where the testing is by means of testing a sample provided by the person.

sample means any of the following:

(a) any human biological fluid;
(b) any human biological tissue (whether alive or otherwise);
(c) any human breath.

scheduled doping method means a doping method included in a schedule set out in a drug testing scheme.

scheduled drug means a drug included in a schedule set out in a drug testing scheme.

scheduled drug or doping method means a scheduled drug or a scheduled doping method.

sporting administration body means:

(a) the International Olympic Committee; or
(aa) WADA; or
(ab) a NADO; or
(b) a foreign sporting organisation; or
(c) a national sporting organisation; or
(d) a sporting organisation; or
(e) a tribunal, committee or other investigative body that is associated with a body referred to in paragraph (a), (aa), (ab), (b), (c) or (d); or
(f) the Commission.

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

sporting event includes any sporting activity.

sporting organisation includes, but is not limited to, an organisation that:

(a) has control in a particular country, or part of a 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 drug matter has the meaning given by subsection 4A(2).

strategic plan means a strategic plan of the Agency developed and prepared by the Agency under subsection 47(1).

support has the meaning given by section 3.

tampers, in relation to a sports drug matter, has the meaning given by subsection 4A(1).

temporarily resident non‑Australian means a non‑Australian whom the Agency has requested to supply a sample at the request of, or under a contract entered into with, an Australian national sporting organisation.

Territory means the Australian Capital Territory, the Northern Territory or Norfolk Island.

therapeutic approval body means a body recognised by a sporting administration body as a body that is qualified to grant approval for the use of drugs for therapeutic purposes.

WADA means the World Anti‑Doping Agency established in November 1999 under the law of Switzerland.

Note: The Agency 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 the World Anti‑Doping Code adopted by the Foundation Board of WADA on 5 March 2003 at Copenhagen and, unless a contrary intention appears, means that Code as in force from time to time.

Note: In 2004, the text of the World Anti‑Doping Code was accessible on the Internet through the web site of the World Anti‑Doping Agency (www.wada‑ama.org).

(2) A reference in this Act to the use of drugs includes a reference to the use of doping methods.

2A Competitors

(1) The following people, and no others, are competitors for the purposes of this Act: (a) an Australian citizen, or a permanent resident, who competes, or has been selected to compete, as a representative of Australia in international sporting competition; (b) an Australian citizen, or a permanent resident, who has been assessed by an Australian national sporting organisation as having the potential to represent Australia in international sporting competition; (c) a person who competes as a member of a team in sporting competition (whether held, or to be held, in or outside Australia) at a level at which: (i) teams that represent Australia; or (ii) teams that represent organisations in Australia and contain members who have been assessed by an Australian national sporting organisation as having the potential to represent Australia; in international sporting competition take part; (d) a person who competes in sporting competition and: (i) is receiving support from the Commonwealth or the Commission; or (ii) is a party to an arrangement with the Commonwealth or the Commission under which the person will receive support from the Commonwealth or the Commission; (e) a person who competes in international sporting competition held, or to be held, in Australia; (f) a person who competes in sporting competition at a level that has been assessed by an Australian national sporting organisation as being a level at which people representing Australia could be expected to compete; (g) a person: (i) who has been assessed by a foreign sporting organisation as having reached such a standard of performance in the field of sporting activity in which he or she competes as to be capable of representing in international sporting competition the country of which he or she is a citizen or in which he or she is ordinarily resident; and (ii) in respect of whom the Agency has been requested by a foreign sporting organisation, or is required under a contract with a foreign sporting organisation, to obtain a sample for testing; (h) a non‑Australian in respect of whom the Agency has been requested by, or is required or permitted under a contract with: (i) a foreign sporting organisation in the country of which the person is a citizen or in which the person is ordinarily resident; or (ii) a relevant International Sporting Federation; to obtain a sample for testing; (i) a person in respect of whom the Agency, under an anti‑doping arrangement, is required or permitted to obtain a sample for testing; (j) a person whose name is entered on a Register and who, as a direct or indirect result of having his or her name so entered, is ineligible to take part in sporting competition. (2) Subject to subsection (3), if a person: (a) is training, or has at any time within the last 12 months trained, to compete in sporting competition or international sporting competition, or in sporting competition or international sporting competition at a particular level; or (b) has, at any time within the last 12 months competed in sporting competition or international sporting competition, or in sporting competition or international sporting competition at a particular level; the person is taken for the purposes of subsection (1) to be a person who competes in sporting competition or international sporting competition, or in sporting competition or international sporting competition at that level, as the case may be. (3) A person is taken not to have been a competitor for the purposes of this Act at a particular time if the person: (a) notified the relevant national sporting organisation before that time that he or she had retired from taking part in sporting competition; and (b) has not, since the notification was given, taken part in sporting competition.

3 People receiving support

(1) A person is taken for the purposes of this Act to be receiving support from a government or a government agency if the person, for the purpose of taking part in sporting activities, or for the purpose of training to take part in sporting activities: (a) receives funding from the government or agency; or (b) uses facilities that are provided (wholly or partly) by the government or agency, or are operated or maintained (wholly or partly) with funding received from the government or agency; or (c) is a member of, or is in any way associated with, a sporting organisation that: (i) receives funding from the government or agency; or (ii) uses facilities that are provided (wholly or partly) by the government or agency, or are operated or maintained (wholly or partly) with funding received from the government or agency; or (iii) receives advice or other services from the government or agency. (2) In this section:

government means the Commonwealth, a State or a Territory.

government agency means the Commission or any sports academy, sports institute, or other similar body, of a State or Territory.

4 Request to provide a sample

(1) The following are examples of situations in which the Agency may request a person to provide a sample: (a) the request is made under a drug testing scheme (see paragraph 9(1)(a) and Part 3); (b) the request is made under a contract entered into by the Agency for the provision of drug testing services (see paragraph 9(1)(b)); (c) the request is made under a contract entered into by the Agency for the provision of safety checking services (see paragraph 9(1)(ea)); (d) the request is made at the instance of a foreign sporting organisation or under an anti‑doping arrangement (see Part 3A). (2) Nothing in this Act is taken to imply that a person becomes subject to any criminal or civil liability merely because the person has failed to comply with a request to provide a sample.

4A People tampering with sports drug matters

(1) For the purposes of this Act, a person tampers with a sports drug matter if the person causes, arranges or participates in any of the following conduct: (a) altering, or attempting to alter, for an improper purpose; (b) bringing, or attempting to bring, improper influence to bear; (c) interfering, or attempting to interfere, improperly to: (i) alter results; or (ii) prevent normal procedures from occurring; in relation to that sports drug matter. (2) For the purposes of this Act, a sports drug matter is any of the following matters: (a) the requesting, collection or handling of samples, or information, under any of the following: (i) a drug testing scheme; (ii) an arrangement covered by subsection 17ZC(1); (iii) a contract entered into by the Agency for the provision of drug testing services or safety checking services; (iv) Part 3A (including procedures described in section 17Z); (b) the testing of samples under any of the following, the results of those tests or the handling of the results of those tests: (i) a drug testing scheme; (ii) an arrangement covered by subsection 17ZC(1); (iii) a contract entered into by the Agency for the provision of drug testing services or safety checking services; (iv) Part 3A (including procedures described in section 17Z); (c) the requesting by the Agency of an arrangement covered by subsection 17ZC(1); (d) the handling under this Act of information relating to a matter covered by a drug testing scheme (not being information covered by paragraph (e)); (e) the handling under this Act of information relating to a matter covered by: (i) an arrangement covered by subsection 17ZC(1)); or (ii) a drug testing scheme as a result of such an arrangement; (f) the handling of information under section 67B. (3) In this section:

handling, in relation to information, includes disclosing, communicating, notifying and making publicly available.

5 Extension to external Territories

This Act extends to all the external Territories.

Part 2—Establishment, objects, functions and powers of the Agency

6 Establishment

The Australian Sports Drug Agency is established.

7 Agency is body corporate etc.

(1) The Agency: (a) is a body corporate with perpetual succession; and (b) is to have a common seal; and (c) may sue and be sued in its corporate name.

Note: The Commonwealth Authorities and Companies Act 1997 applies to the Agency. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

(2) The common seal of the Agency is to be kept in such custody as the Agency directs, and is not to be used except as authorised by the Agency. (3) All courts, judges and persons acting judicially must: (a) take judicial notice of the imprint of the common seal of the Agency appearing on a document; and (b) presume the imprint was duly affixed.

8 Objects

The objects of the establishment of the Agency are: (a) to deter the use of drugs or doping methods in sport; and (aa) to facilitate the safety of participants in sporting competitions; and (b) to encourage the development of programs to educate the sporting community about matters relating to the use of drugs in sport; and (c) to advocate the international adoption of consistent and effective anti‑doping programs; and (d) to co‑ordinate the development of a consistent and effective national response to matters relating to the use of drugs in sport.

9 Functions

(1) The Agency has the following functions: (a) such functions as are conferred on the Agency by a drug testing scheme; (b) to provide drug testing services; (d) to advocate the international development and implementation of consistent and effective anti‑doping programs; (e) to encourage Australian national sporting organisations, State and Territory sporting organisations and professional sporting organisations: (i) to develop and implement comprehensive and consistent anti‑doping initiatives (including initiatives relating to testing for the use of drugs and education about matters relating to the use of drugs in sport); and (ii) to use the services of the Agency and accredited laboratories; (ea) to provide safety checking services; (f) to develop and implement initiatives that increase the skills and knowledge of people involved in sporting activities about matters relating to the use of drugs in sport; (fa) to collect, analyse, interpret and disseminate information about matters relating to the use of drugs in sport and the safety of participants in sporting competitions; (fb) to carry out research relating to the use of drugs in sport and the safety of participants in sporting competitions; (g) to advocate and support research in and outside Australia relating to the use of drugs in sport and the safety of participants in sporting competitions; (h) to implement anti‑doping arrangements; (i) to encourage the establishment of means for the carrying out by government Departments and authorities of the States and Territories of initiatives relating to the use of drugs in sport; (j) to co‑operate with those Departments and authorities and with non‑government sporting organisations to implement those initiatives; (k) any other functions conferred on the Agency under this Act; (l) to advise the Minister on matters falling within any of the abovementioned functions and related matters; (m) to do anything incidental to, or conducive to, the performance of any of the above functions. (2) In the performance of its functions, the Agency must not collect samples from persons for any purpose other than: (a) enabling the testing of the samples to determine whether persons have been using drugs or doping methods; or (b) enabling the testing of the samples to determine whether persons’ physiological or psychological states make it unsafe for them to participate in sporting competitions. (2A) If the Agency collects samples for a purpose referred to in paragraph (2)(a) or (b), the Agency may use the samples, or the results of the testing of the samples, for the purposes of carrying out, or supporting, research relating to the use of drugs in sport or the safety of participants in sporting competitions. (3) In the performance of its functions, the Agency may prepare and keep a list of all people whom it knows to be competitors. (3A) A list kept under subsection (3) may contain, in relation to each person whose name is included in the list, any of the following particulars: (a) addresses of usual places of residence and employment; (b) date of birth; (c) telephone numbers of usual places of residence and employment; (d) if the person is under 18 years of age or has an intellectual disability—the name, and the addresses and telephone numbers, of the usual places of residence and employment of a person who has long‑term parental responsibility for, or is the guardian of, the first‑mentioned person; (e) sporting activities engaged in; (f) membership of sporting organisations; (g) whether the holder of a scholarship granted by a government, a governmental authority or a sporting organisation; (h) times and places of training; (i) membership of a national team; (j) if the person is competing or training outside Australia—the date on which the person is expected to return to Australia; (k) the capacity in which the person takes part in sporting competition (for example, whether as an amateur, as a professional, as a representative of a country); (l) how the person may be contacted if he or she is competing or training outside Australia; (m) any other particulars necessary to enable the Agency to perform its functions. (4) The Agency’s functions may be performed within or outside Australia. (5) The Agency may perform any of its functions in co‑operation with a State or Territory or any person, body, association or organisation. (6) The Agency may perform the functions conferred on it by this Act to the extent only that they are not in excess of the functions that may be conferred on it by virtue of any of the legislative powers of the Parliament, and, in particular, may perform its functions: (a) for purposes related to money appropriated for the purposes of the Commonwealth; and (b) for purposes related to the granting of financial assistance to a State on such terms and conditions as the Parliament thinks fit; and (c) for purposes related to the executive power of the Commonwealth; and (d) for purposes related to the collection of statistics; and (e) for purposes related to external affairs; and (f) for purposes in relation to a Territory; and (g) 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; and (h) by way of the provision of a service, if the provision of the service: (i) utilises the Agency’s spare capacity; or (ii) maintains or improves the specialised technical skills of the Agency’s staff in relation to the testing of competitors; and does not impede the Agency’s capacity to perform its other functions. (7) In subsection (6):

this Act includes a drug testing scheme.

9A States may confer powers and functions on Agency etc.

(1) If a law of a State or Territory confers a power or function on the Agency, the Agency may, with the written approval of the Minister, exercise that power or perform that function, as the case may be. (1A) This Act does not prevent the Minister from giving an approval under subsection (1) in relation to a law of a State or Territory that requires or authorises the Agency to: (a) make an entry on a Register; or (b) in a case where an entry on a Register was made in accordance with such a law—remove that entry. (2) If the Agency is authorised to exercise a power, or perform a function, under a law of a State or Territory, and that law confers a power or function on: (a) the Administrative Appeals Tribunal; or (b) a member or officer of that Tribunal; or (c) a member or officer of the Federal Court of Australia; then, subject to the regulations, that Tribunal, member or officer may exercise the power, or perform the function, conferred by that law. (3) If the Agency is authorised to exercise a power, or perform a function, under a law of a Territory, and that law confers jurisdiction on the Federal Court of Australia, then, subject to the regulations, that Court may exercise that jurisdiction.

10 Powers

(1) The Agency has power to do all things necessary or convenient to be done for or in connection with the performance of its functions and, in particular, may: (a) enter into contracts; and (b) acquire, hold and dispose of real or personal property; and (ba) despite subsection 61(2), obtain goods or services on credit from any person by the use of a credit card; and (bb) form, or participate in the formation of, companies; and (c) occupy, use and control any land or building owned or held under lease by the Commonwealth and made available for the purposes of the Agency; and (d) appoint agents and attorneys, and act as an agent for other persons; and (e) engage persons to perform services for the Agency; and (f) accept gifts, grants, bequests and devises made to the Agency (whether on trust or otherwise) and act as trustee of money or other property vested in the Agency on trust; and (g) develop, maintain, distribute and publish information on procedures for, and developments concerning, the collection and testing of samples; and (h) do anything incidental to any of its powers. (2) The Agency may charge fees for providing services, information or advice. (3) The amount of a fee must not be such as to amount to taxation. (4) The Agency’s powers may be exercised within or outside Australia.

10A Limitations on formation etc. of companies

(1) The Agency must not form, or participate in the formation of, a company except with the written approval of the Minister. (2) A person must not be appointed as a director of a company owned by the Agency except with the written approval of the Minister. (3) A company owned by the Agency must not change its constitution except with the written approval of the Minister. For this purpose, constitution has the same meaning as in the Corporations Act 2001. (4) Before giving an approval under subsection (2) or (3), the Minister must consult the Minister for Finance and Administration. (5) The Minister is not taken, for the purposes of the Corporations Act 2001, to be a director of a company owned by the Agency because of the powers that are conferred on the Minister by subsections (2) and (3). (6) The Minister for Finance and Administration is not taken, for the purposes of the Corporations Act 2001, to be a director of a company owned by the Agency because of the right conferred on the Minister for Finance and Administration by subsection (4). (7) For the purposes of this section, a company is owned by the Agency if, and only if: (a) in the case of a company limited by shares—all the shares in the company are beneficially owned by the Agency; or (b) in the case of a company limited by guarantee—all the interests and rights of the members in or in relation to the company are beneficially owned by the Agency.

10B Formation of Foundation

(1) The Minister may arrange for the formation of a company limited by guarantee, where: (a) all the interests and rights of the members in or in relation to the company are beneficially owned by the Commonwealth; and (b) the purpose of the company is to raise money to support: (i) research relating to the use of drugs in sport; and (ii) initiatives that increase the skills and knowledge of people about matters relating to the use of drugs in sport. (2) Subsection 9(6) applies to the activities of the company in a corresponding way to the way in which that subsection applies to the functions of the Agency. (3) Subsection (1) does not, by implication, limit the Agency’s powers.

Part 3—Drug testing schemes

11 Drug testing schemes

(1) The regulations may formulate one or more drug testing schemes. (2) A drug testing scheme is a scheme that: (a) is expressed to apply to: (i) all competitors; or (ii) a specified class of competitors; and (b) sets out a schedule of drugs and doping methods for the scheme and permitted levels (if any) in relation to each such scheduled drug or method; and (c) authorises the Agency to request a competitor to provide a sample for the purpose of detecting whether or not the competitor has used such a scheduled drug or method; and (ca) authorises the Agency to request a competitor to keep the Agency informed of where the competitor can be found; and (d) requires the Agency to establish and maintain a Register of Notifiable Events for the scheme; and (e) requires the Agency to enter the name of a competitor on that Register if the competitor fails, without reasonable cause, to comply with a request by the Agency to provide such a sample; and (f) requires the Agency to enter the name of a competitor on that Register in specified circumstances, being circumstances that consist of, or include, the circumstance that the competitor has returned a positive test result in relation to such a sample; and (fa) requires the Agency to enter the name of a competitor on that Register in specified circumstances, being circumstances that consist of, or include, the circumstance that the competitor deliberately evaded an attempt by the Agency to make a request of the kind mentioned in paragraph (c); and (fb) requires the Agency to enter the name of a competitor on that Register in specified circumstances, being circumstances that consist of, or include, the circumstance that the competitor failed to comply with a request of the kind mentioned in paragraph (ca); and (fc) requires the Agency to enter the name of a competitor on that Register in specified circumstances, being circumstances that consist of, or include, the following circumstances: (i) the competitor failed to comply with a request of the kind mentioned in paragraph (ca); (ii) but for this failure, the Agency would have made a request of the kind mentioned in paragraph (c) to the competitor; and (fd) requires the Agency to enter the name of a competitor on that Register if the competitor tampered with a sports drug matter covered by subparagraph 4A(2)(a)(i) or (b)(i) or paragraph 4A(2)(d); and (g) requires the Agency to enter, on that Register, specified particulars relating to a competitor referred to in paragraph (e), (f), (fa), (fb), (fc) or (fd); and (h) requires the Agency to give written notice of the making, and of particulars, of an entry in that Register to: (i) each relevant national sporting organisation in relation to the competitor concerned; and (ii) each relevant sporting organisation (if any) in relation to the competitor concerned; and (iii) for an entry of the kind mentioned in paragraph (fd)—each relevant national sporting organisation, and relevant sporting organisation, in relation to each competitor whose interests may have been affected by the tampering; and (i) complies with the statement of competitors’ rights set out in section 15.

Note 1: For examples of circumstances that may be specified for the purposes of paragraph (2)(f), see section 13.

Specification of different circumstances (3) Circumstances specified for the purposes of paragraph (2)(f) may differ according to: (a) the fields of sporting activities in which competitors compete; and (b) the drugs or doping methods revealed by positive test results. (3A) Circumstances specified for the purposes of paragraph (2)(fa), (fb) or (fc) may differ according to the fields of sporting activities in which competitors compete. Subsection 33(3A) of the Acts Interpretation Act 1901 not limited (4) Subsection (3) or (3A) does not, by implication, limit subsection 33(3A) of the Acts Interpretation Act 1901. Applying, adopting or incorporating matters contained in the World Anti‑Doping Code, International Standards or other instruments (5) A drug testing scheme may make provision for or in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in any of the following, whether as in force at a particular time, or as amended and in force from time to time: (a) the World Anti‑Doping Code; (b) an International Standard; (c) any other instrument made by a sporting administration body.

12 Failure to comply with a request to provide a sample

For the purposes of this Part, a competitor fails to comply with a request by the Agency to provide a sample if, and only if: (a) the competitor fails to provide a sample as required by the scheme; or (b) the competitor fails to complete or sign any form required by the scheme to be completed or signed by the competitor; or (c) after providing the sample, the competitor fails to do anything in relation to the sample that is required by the scheme to be done by the competitor.

13 Investigations and therapeutic use

(1) The following are examples of circumstances that may be specified for the purposes of paragraph 11(2)(f): (a) a competitor has returned a positive test result in relation to a sample and investigations conducted by the ASDMAC or an analytical investigative body have revealed that the positive test result is not attributable to naturally occurring levels of the substance concerned; (b) a competitor has returned a positive test result in relation to a sample and the competitor did not have an approval for the use of the drug concerned for therapeutic purposes; (c) a competitor has returned a positive test result in relation to a sample and the competitor had an approval for the use of the drug concerned for therapeutic purposes but did not comply with the conditions of that approval. (1A) In specifying a circumstance as mentioned in paragraph (1)(b) or (c), a drug testing scheme may, for example, provide that an approval for the use of a drug for therapeutic purposes only counts if it was granted: (a) by ASDMAC; or (b) by a therapeutic approval body; or (c) as a result of a review or appeal (or similar process) that relates directly or indirectly to a decision of ASDMAC or a therapeutic approval body. (2) A drug testing scheme may provide that, in the course of an investigation conducted by the ASDMAC, or an analytical investigative body, in respect of a sample provided by a competitor, the ASDMAC or the analytical investigative body, as the case may be, may ask the Agency to make to the competitor one or more further requests of the kind mentioned in paragraph 11(2)(c).

15 Statement of competitors’ rights

(1) Subsections (2), (3), (4) and (5) set out the statement of competitors’ rights that is to be complied with by a drug testing scheme. (2) A competitor has a right to be notified orally or in writing of the possible consequences of a failure to comply with a request by the Agency: (a) to provide a sample; or (b) to keep the Agency informed of where the competitor can be found. (3) A competitor has a right to be notified in writing of the making of an entry on the Register of Notifiable Events for the scheme. (4) A competitor has a right to apply to the Administrative Appeals Tribunal for review of a decision of the Agency to enter the competitor’s name and particulars on the Register of Notifiable Events for the scheme. (5) A competitor has a right to be notified orally or in writing of the rights that are conferred on the competitor by the scheme (other than a right of notification conferred in accordance with this subsection). (6) A drug testing scheme may confer other rights on competitors. (7) A drug testing scheme may allow competitors to waive any of their rights under the scheme.

16 Action by Agency following decision or order on review

(1) For the purposes of this section, a reviewable decision is a decision of the kind mentioned in subsection 15(4). (2) If the Administrative Appeals Tribunal sets aside a reviewable decision, the Agency must, as soon as practicable, remove from the relevant Register any entry that was made as a result of the Agency’s decision. (3) If, after the making of an entry on the relevant Register in relation to a decision of the Agency: (a) the entry is removed from the Register under subsection (2); or (b) an order is made under section 41 of the Administrative Appeals Tribunal Act 1975 staying or otherwise affecting the operation or implementation of the decision, or an order so made is afterwards revoked; the Agency must, as soon as practicable, give notice of that fact (the review decision) as follows: (c) if the Agency notified a person, organisation or body of the making of the entry—the Agency must give written notice of the review decision to the person, organisation or body; (d) if the Agency made information relating to the entry publicly available under provisions of a drug testing scheme covered by section 17BB—the Agency must give public notice of the review decision by the same means as was used to make the information publicly available.

17 Request to provide sample, or keep informed of location, etc.

Manner of making request (1) A drug testing scheme may make provision as to the manner in which a request of the kind mentioned in paragraph 11(2)(c) or (ca) is to be made. (2) A drug testing scheme may provide that strict compliance with those provisions is not required and substantial compliance is sufficient. (3) A drug testing scheme may provide that, if the Agency has made reasonable efforts to give a competitor an oral request of the kind referred to in paragraph 11(2)(c) or (ca), but those efforts have not been successful, the Agency may give such a request by way of written notice to the competitor.

Note: Section 67A deals with the giving of written notices.

Competitor appears likely to fail to comply (4) A drug testing scheme may provide that, if: (a) the Agency has made a request of the kind mentioned in paragraph 11(2)(c) or (ca) to a competitor; and (b) it appears to the Agency that the competitor is likely to fail to comply with the request; and (c) the Agency thinks that a sporting administration body should be given an opportunity to try to persuade the competitor to comply with the request; the Agency may tell the organisation of the competitor’s likely failure to comply with the request. Retired competitors (5) A drug testing scheme may provide that, if: (a) the Agency has made a request of the kind mentioned in paragraph 11(2)(c) or (ca) to a competitor; and (b) the competitor claims to have retired from taking part in sporting competition; the Agency may request a sporting administration body to tell the Agency whether the competitor has notified the organisation that he or she has retired from taking part in sporting competition, and, if so, the date of notification.

17A Procedures for dealing with a sample

(1) A drug testing scheme may set out procedures for dealing with a sample. (2) A drug testing scheme may provide that strict compliance with those procedures is not required and substantial compliance is sufficient. (3) Subsection (2) does not apply to procedures relating to the following matters: (a) if samples are tested by accredited laboratories—the accredited laboratories; (b) if samples are tested using particular analytical techniques and equipment—the analytical techniques and equipment; (c) ensuring that a sample is not tampered with; (d) ensuring that a sample is securely contained and identified. (4) The provisions of a drug testing scheme setting out procedures for dealing with a sample may be of general or specially limited application or may differ according to differences in time, locality, place or circumstance. (5) Subsection (4) does not limit subsection 33(3A) of the Acts Interpretation Act 1901.

17B Disclosure to sporting administration bodies of information relating to circumstances that have led or may lead to an entry being made in the Register

(1) A drug testing scheme may require or permit the Agency or the ASDMAC to disclose to one or more specified sporting administration bodies information arising out of the entry of a competitor’s name on the Register of Notifiable Events for the scheme, including information concerning: (a) a failure by the competitor to provide a sample; or (b) a failure by the competitor to complete or sign any form required by that scheme to be completed or signed by the competitor or to do anything in relation to the sample that is required by that scheme to be done; or (e) the results of the testing of the sample; or (f) any evasion by the competitor of an attempt to make a request of the kind mentioned in paragraph 11(2)(c) or 17ZC(1)(a); or (g) any failure by the competitor to provide information about where the competitor can be found; or (h) the inability, because of a failure of the kind mentioned in paragraph (g), of the Agency or a sporting administration body to make a request of the kind mentioned in paragraph (f); or (i) any tampering by the competitor with a sports drug matter covered by subparagraph 4A(2)(a)(i) or (ii) or (b)(i) or (ii), or paragraph 4A(2)(c), (d) or (e). (2) A drug testing scheme may permit the Agency to disclose information to one or more specified sporting administration bodies if: (a) the information relates to any of the following circumstances that the Agency knows or has reason to believe has occurred: (i) a competitor failed to comply with a request of the kind mentioned in paragraph 11(2)(c) or 17ZC(1)(a); (ii) a competitor returned a positive test result in relation to a sample provided pursuant to a request of the kind mentioned in subparagraph (i); (iii) a competitor deliberately evaded an attempt to make a request of the kind mentioned in subparagraph (i); (iv) a competitor failed to provide information to the Agency or a sporting administration body about where the competitor can be found; (v) because of a failure referred to in subparagraph (iv) by a competitor, the Agency or a sporting administration body was unable to make a request of the kind mentioned in subparagraph (i) to the competitor; (vi) a competitor tampered with a sports drug matter covered by subparagraph 4A(2)(a)(i) or (ii) or (b)(i) or (ii), or paragraph 4A(2)(c), (d) or (e); and (b) the Agency has not yet decided whether or not an entry should be made on the Register of Notifiable Events for the drug testing scheme in relation to that circumstance; and (c) the Agency has taken reasonable steps to satisfy itself that the information will not be used or disclosed by the body, or any of the bodies, in a way that would be unfairly prejudicial to the interests of the competitor. (2A) If: (a) the Agency discloses information to a sporting administration body under provisions of a drug testing scheme covered by subsection (2); and (b) the Agency later decides that an entry should not be made on the Register of Notifiable Events for the scheme in relation to the circumstance concerned; the Agency must, as soon as practicable, notify the sporting administration body of that decision. (3) Sporting administration bodies specified for the purposes of subsection (1) or (2) may differ according to the fields of sporting activities in which competitors compete. (4) Subsection (3) does not, by implication, limit subsection 33(3A) of the Acts Interpretation Act 1901. (5) Nothing in this section limits, or is limited by, any other provision of this Act or a drug testing scheme under which the Agency is required or permitted to disclose information.

17BA Disclosure to sporting administration bodies of information for the purposes of drug testing programs

(1) This section applies to: (a) information relating to the testing, or attempted testing, of competitors under drug testing schemes or under arrangements covered by subsection 17ZC(1); and (b) information relating to decisions of ASDMAC to approve, or to refuse to approve, the use of scheduled drugs for therapeutic purposes; and (c) information provided to the Agency under drug testing schemes relating to where competitors can be found. (2) Subject to subsection (3), a drug testing scheme may permit the Agency or ASDMAC to disclose information to which this section applies to one or more sporting administration bodies for the purposes of one or more drug testing programs. (3) A drug testing scheme must not permit the Agency or ASDMAC to disclose information for the purposes of one or more drug testing programs unless the Agency or ASDMAC has taken reasonable steps to satisfy itself that the information disclosed will not be used or disclosed for other purposes. (4) Without limiting subsection (2) or (3), a drug testing scheme may limit the circumstances in which disclosures may occur, including, for example, by: (a) limiting the sporting administration bodies to which information may be disclosed; or (b) limiting the drug testing programs for the purposes of which information may be disclosed. (5) Nothing in this section limits, or is limited by, any other provision of this Act or a drug testing scheme under which the Agency or ASDMAC is required or permitted to disclose information. (6) In this section:

drug testing program means a program for the testing of people who participate in sports, to determine whether they are using particular drugs or doping methods.

17BB Public disclosure of information relating to entries in a Register

(1) This section applies to information relating to entries concerning competitors that are made on the Register of Notifiable Events for a drug testing scheme. (2) A drug testing scheme may permit the Agency to make information to which this section applies publicly available. (3) Nothing in this section limits, or is limited by, any other provision of this Act or a drug testing scheme under which the Agency is required or permitted to disclose information.

17C Conferral of power on the Agency, the ASDMAC etc.

(1) A drug testing scheme may make provision for or in relation to a matter by conferring a power on: (a) the Agency; or (b) the ASDMAC; or (c) an analytical investigative body; or (d) a therapeutic approval body; to make a decision of an administrative character. (2) To avoid doubt, a particular circumstance specified for the purposes of paragraph 11(2)(f), (fa), (fb) or (fc) may consist of a decision of a kind referred to in subsection (1) of this section.

17D Removal of name from Register

A drug testing scheme may require or permit the Agency to remove a competitor’s name and particulars from the Register of Notifiable Events for the scheme in specified circumstances.

17E Ancillary or incidental provisions

A drug testing scheme may contain ancillary or incidental provisions.

17F Scheme‑making power not limited

Section 13, subsections 15(6) and (7) and sections 17 to 17E (inclusive) do not limit subsection 11(1). However, this rule does not affect the operation of subsection 17A(3).

17G Drug testing orders

(1) A drug testing scheme may empower the Agency to make orders, to be known as drug testing orders for the scheme, with respect to any matter for or in relation to which provision may be made, or is required to be made, by the scheme. (2) The following are examples of matters for which provision may be made by drug testing orders for a particular drug testing scheme: (a) the schedule of drugs and doping methods for the scheme; (b) procedures for dealing with a sample. (3) An order referred to in subsection (1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. (4) An order referred to in subsection (1) may make provision for or in relation to a matter by applying, adopting or incorporating, with or without modification, any of the provisions of any other order referred to in that subsection: (a) as in force at a particular time; or (b) as in force from time to time. (5) Section 49A of the Acts Interpretation Act 1901 applies in relation to regulations as if the reference in paragraph (1)(a) of that section to regulations included a reference to an order referred to in subsection (1) of this section. (6) An order referred to in subsection (1) is taken to be an enactment for the purposes of the Administrative Appeals Tribunal Act 1975. (7) The provisions of this Act (other than this section) apply to an order referred to in subsection (1) in a corresponding way to the way in which they apply to a drug testing scheme. In particular, this Act (other than this section) has effect as if anything set out in drug testing orders for a drug testing scheme were set out in the drug testing scheme. (8) To avoid doubt, subsection (4) does not limit the application of subsection 11(5) to drug testing orders.

17H Multiple‑purpose testing of samples

If a competitor provides a sample when requested to do so by the Agency under a drug testing scheme, then, in addition to any testing under the scheme or for research purposes, the sample may be tested for the purposes of: (a) a contract entered into by the Agency for the provision of drug testing services; or (b) a contract entered into by the Agency for the provision of safety checking services; or both.

17J This Part does not limit other powers

This Part does not limit: (a) the Agency’s power to enter into contracts for the provision of drug testing services or safety checking services, or the way in which the Agency may provide services under such contracts; or (b) the powers conferred by Part 3A or 3B.

Part 3A—Testing on behalf of a foreign sporting organisation or under an anti‑doping arrangement

17Y Request at instance of foreign sporting organisation or under anti‑doping arrangement

If the Agency: (a) has been asked by a foreign sporting organisation to request a competitor to provide a sample for testing; or (b) is required or permitted under an anti‑doping arrangement to request a competitor to provide a sample for testing; the Agency may request the competitor to provide a sample for testing.

17Z Procedures to be followed

The procedures to be followed in respect of the making of the request, the collection and testing of the sample and the notifying of the results of the testing of the sample are: (a) if paragraph 17Y(a) applies—the procedures agreed to between the Agency and the foreign sporting organisation; or (b) if paragraph 17Y(b) applies—the procedures agreed to between the Agency and the organisation that asked the Agency to make the request.

17ZA Notifying matters arising out of testing

(1) The Agency may notify a sporting administration body of any matter arising out of the making, or attempted making, of a request under section 17Y to a competitor, including: (a) a failure by the competitor to provide a sample; or (b) a failure by the competitor to complete or sign any form required by the Agency to be completed or signed by the competitor or to do anything in relation to the sample that is required by the Agency to be done; or (e) the results of the testing of the sample; or (f) any evasion by the competitor of the attempt by the Agency to make the request; or (g) the inability of the Agency to make the request because the competitor could not be found using information available to the Agency; or (h) any tampering by the competitor with a sports drug matter covered by subparagraph 4A(2)(a)(iv) or (b)(iv).

17ZB This Part does not limit other powers

This Part does not limit: (a) the Agency’s power to enter into contracts for the provision of drug testing services or safety checking services, or the way in which the Agency may provide services under such contracts; or (b) the powers conferred by Part 3; or (c) the powers conferred on the Agency by a drug testing scheme.

Part 3B—Testing by other sporting administration bodies

17ZC Testing by other sporting administration bodies

(1) The Agency may ask a sporting administration body to arrange for: (a) a person who competes in a particular field of sporting activity to be requested to provide a sample in order to determine whether the person has been using scheduled drugs or doping methods; and (b) the testing of the sample for that purpose; and (c) the Agency to be given information arising out of the making, or attempted making, of such a request, including information concerning: (i) an evasion, or an attempted evasion, by the person, of a request to provide a sample; or (ii) the aiding, abetting, counselling or procuring of such an evasion, or attempted evasion, by the person; or (iii) any failure by the person to provide such a sample; or (v) the results of the testing of the sample; or (vi) any failure by the person to keep the sporting administration body informed of where the person can be found; or (vii) the inability, because of a failure of the kind mentioned in subparagraph (vi), of the sporting administration body to make the request; or (viii) any tampering by the person with a sports drug matter covered by subparagraph 4A(2)(a)(ii) or (b)(ii). (2) A drug testing scheme may, in relation to the Register of Notifiable Events for that scheme: (a) authorise the Agency to enter the name of a competitor on that Register if the competitor fails, without reasonable cause, to comply with a request of the kind mentioned in paragraph (1)(a); and (b) authorise the Agency to enter the name of a competitor on that Register in specified circumstances, being circumstances that consist of, or include, the circumstance that the competitor has returned a positive test result in relation to a sample provided pursuant to such a request; and (c) authorise the Agency to enter the name of a competitor on that Register in specified circumstances, being circumstances that consist of, or include, the circumstance that the competitor deliberately evaded an attempt to make such a request; and (d) authorise the Agency to enter the name of a competitor on that Register in specified circumstances, being circumstances that consist of, or include, the circumstance that the competitor failed to keep the sporting administration body informed of where the competitor can be found; and (e) authorise the Agency to enter the name of a competitor on that Register in specified circumstances, being circumstances that consist of, or include, the following circumstances: (i) the competitor failed to keep the sporting administration body informed of where the competitor can be found; (ii) but for this failure, the body would have made a request of the kind mentioned in paragraph (1)(a) to the competitor; and (f) authorise the Agency to enter the name of a competitor on that Register if the competitor tampered with a sports drug matter covered by subparagraph 4A(2)(a)(ii) or (b)(ii) or paragraph 4A(2)(c) or (e); and (g) authorise the Agency to enter, on that Register, specified particulars relating to a competitor referred to in another paragraph of this subsection. (3) Subsection (2) does not limit subsection 11(1). (4) To avoid doubt, a particular circumstance specified for the purposes of paragraph (2)(b), (c), (d) or (e) may consist of a decision of a kind referred to in subsection 17C(1). (5) To avoid doubt, subsections 15(3) and (4) apply in relation to the making of an entry referred to in subsection (2) of this section. This subsection does not, by implication, limit the application of other relevant provisions of Part 3. (6) Circumstances specified for the purposes of paragraph (2)(b) may differ according to: (a) the fields of sporting activities in which competitors compete; and (b) the drugs or doping methods revealed by positive test results. (6A) Circumstances specified for the purposes of paragraph (2)(c), (d) or (e) may differ according to the fields of sporting activities in which competitors compete. (7) Subsection (6) or (6A) does not, by implication, limit subsection 33(3A) of the Acts Interpretation Act 1901. (8) To avoid doubt, this section applies both within and outside Australia.

17ZD This Part does not limit other powers

This Part does not limit: (a) the Agency’s power to enter into contracts for the provision of drug testing services or safety checking services, or the way in which the Agency may provide services under such contracts; or (b) the powers conferred by Part 3; or (c) the powers conferred on the Agency by a drug testing scheme.

Part 3C—Minister may request notification

18 Minister may request notification

(1) The Minister may, in writing, request the Agency to give to the Minister a written notice stating, in respect of each competitor specified in the request, whether the competitor’s name has been entered on a Register. (2) The Minister may include in the request a further request that the Agency set out in the notice, in respect of each specified competitor whose name has been entered on a Register, the contents of the entry. (2A) The Minister may, in writing, request the Agency to give to the Minister a written notice stating, in respect of each competitor specified in the request, whether the competitor has returned a negative test result under a drug testing scheme. (2B) The Minister may, in writing, request the Agency to give to the Minister a written notice stating, in respect of each competitor named in the Minister’s request: (a) who is not an Australian citizen, a permanent resident or a temporarily resident non‑Australian and has, pursuant to a request by the Agency under a drug testing scheme, provided a sample for testing; or (b) who, pursuant to a request by the Agency under Part 3A, has provided a sample for testing; any information that is stated in the Minister’s request in relation to the outcome of the Agency’s request to the competitor to provide a sample. (3) The Agency must comply with any request under subsection (1), (2A) or (2B), and any further request under subsection (2).