67Disclosure of confidential information

#### 67 Disclosure of confidential information (1) This section applies to a person who is or has been: (a) a member of the Agency; or (b) a member of a committee of the Agency; or (c) an employee of, or consultant to, the Agency; or (d) a person attending a meeting of the Agency or a committee of the Agency; or (da) an ASDMAC member; or (db) an ASDMAC consultant; or (e) a member of the Commission; or (f) a member of a committee of the Commission; or (g) an employee of, or consultant to, the Commission; or (h) a person attending a meeting of the Commission or a committee of the Commission; or (j) an employee of an accredited laboratory. (2) This section applies to information if the information concerns a person and is obtained by a person to whom this section applies: (a) in the course of that person performing functions or duties or exercising powers under this Act; or (b) as a result of another person performing functions or duties or exercising powers under this Act. (3) A person to whom this section applies must not disclose or communicate (whether directly or indirectly) to any person any information to which this section applies unless the information is disclosed or communicated: (a) for the purposes of this Act; or (b) for the purposes of, or in connection with, the performance of a function or duty or the exercise of a power under this Act; or (c) where the person is a person of a kind referred to in paragraph (1)(e), (f), (g) or (h)—for the purposes: (i) of the Australian Sports Commission Act 1989; or (ii) of, or in connection with, the performance of a function or duty or the exercise of a power under that Act. Penalty: Imprisonment for 2 years. (3A) The following is an example of a disclosure or communication that would be covered by paragraph (3)(b): (a) the Agency enters into a contract with a sporting administration body for the provision of drug testing services; and (b) the contract makes provision for: (i) the Agency to request samples from the members of a particular team; and (ii) the testing of the samples; and (iii) the notification of the results of the testing; and (c) in accordance with the contract, an employee of the Agency notifies the results of the testing to the sporting administration body. (4) A person to whom this section applies must not be required: (a) to produce in a court any document containing information to which this section applies; or (b) to divulge or communicate to any court any information to which this section applies; except: (c) where it is necessary to do so for the purposes of carrying into effect the provisions of this Act; or (d) for the purposes of a criminal proceeding. (4A) Despite subsection (3): (a) the Agency or an accredited laboratory may disclose or communicate to the International Olympic Committee or to an International Sporting Federation any statistics of test results in respect of samples provided by people competing, or training to compete, in sporting competition relevant to the Committee or Federation, as the case may be, provided that the identity of a person whose sample has been tested is not revealed; or (b) if the Agency has carried out a test of a sample at the request of, or under a contract with, a foreign anti‑doping body—the Australian Sports Drug Testing Laboratory may notify that body and the Agency of the results of the test; or (c) if the Agency has carried out a test of a sample under an anti‑doping arrangement—the Australian Sports Drug Testing Laboratory may notify the foreign anti‑doping body referred to in the arrangement. (4B) Despite subsection (3), the Agency may disclose or communicate to a sporting administration body information about either of the following matters: (a) an evasion, or an attempted evasion, of a request by the Agency to provide a sample; (b) the aiding, abetting, counselling or procuring of such an evasion or attempted evasion. > Note: For examples of situations in which the Agency may request a person to provide a sample, see subsection 4(1). (4C) Despite subsection (3), the Agency, an ASDMAC member or an ASDMAC consultant may: (a) disclose or communicate to a person information relating to the person; or (b) with the consent of a person (the first person), disclose or communicate to another person information relating to the first person. > Note: For examples of situations in which the Agency may request a person to provide a sample, see subsection 4(1). (4D) Despite subsection (3), the Agency may disclose or communicate to a sporting administration body information that: (a) was given to the Agency by another sporting administration body; and (b) is relevant to the use of drugs in sport or the safety of participants in sporting competitions. (4E) Despite subsection (3): (a) the Agency may disclose or communicate to an ASDMAC member or an ASDMAC consultant information that is relevant to the use of drugs in sport or the safety of participants in sporting competitions; or (b) an ASDMAC member or an ASDMAC consultant may disclose or communicate to the Agency information that is relevant to the use of drugs in sport or the safety of participants in sporting competitions. (4F) Despite subsection (3): (a) the Agency may disclose or communicate to an accredited laboratory information that is relevant to the carrying on by the laboratory of research relating to the use of drugs in sport or the safety of participants in sporting competitions; or (b) an employee of an accredited laboratory may disclose or communicate to the Agency information that is relevant to the carrying on by the laboratory of research relating to the use of drugs in sport or the safety of participants in sporting competitions. (4G) Despite subsection (3), the Agency may disclose to a sporting administration body information that consists of the results of research undertaken by, or supported by, the Agency, so long as the identity of a person whose sample has been tested is not revealed. (5) In this section: > ASDMAC consultant means a consultant to the ASDMAC. > court includes any tribunal, authority or person having power to require the production of documents or the answering of questions. > criminal proceeding includes a proceeding to determine whether a person should be tried for an offence. > produce includes permit access to. > this Act includes a drug testing scheme.