9Functions

#### 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.