(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.
Section 2 - Australian Sports Drug Agency Act 1990 - Interpretation | Zoe
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.