Part 2National Anti‑Doping Scheme

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An Act to establish Sport Integrity Australia, and for other purposes ## Part 1—Introduction #### 1 Short title This Act may be cited as the Sport Integrity Australia Act 2020. #### 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. ```html <table cellspacing="0" cellpadding="0" style="width:355.55pt; border-collapse:collapse"><thead><tr><td colspan="3" style="width:344.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top">Commencement information</td></tr><tr><td style="width:74.35pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top">Column 1</td><td style="width:180.7pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top">Column 2</td><td style="width:68.4pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top">Column 3</td></tr><tr><td style="width:74.35pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top">Provision(s)</td><td style="width:180.7pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top">Commencement</td><td style="width:68.4pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top">Date/Details</td></tr></thead><tbody><tr><td style="width:74.35pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top">1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table</td><td style="width:180.7pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top">The day on which this Act receives the Royal Assent.</td><td style="width:68.4pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top">7 March 2006</td></tr><tr><td style="width:74.35pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top">2. Sections 3 to 79</td><td style="width:180.7pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top">A single day to be fixed by Proclamation.However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.</td><td style="width:68.4pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top">13 March 2006(see F2006L00764)</td></tr></tbody></table> ``` > Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent. (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act. #### 3 Simplified outline of this Act This Act establishes Sport Integrity Australia. It assists the CEO of Sport Integrity Australia. The CEO has functions in relation to matters relating to sports integrity, including threats to sports integrity. This Act requires the making of a scheme called the National Anti‑Doping Scheme (known as the NAD scheme). The NAD scheme implements the General Anti‑Doping Convention and the UNESCO Anti‑Doping Convention. Certain matters must be in the NAD scheme (see Division 2 of Part 2). The CEO maintains the Violations List, which contains information about certain persons who have been sanctioned in relation to an anti‑doping rule violation. This Act also creates the Australian Sports Drug Medical Advisory Committee (known as the ASDMAC). The ASDMAC has various functions, including those conferred on the ASDMAC by the NAD scheme (see section 52). The ASDMAC also gives advice and information to the CEO about sports doping and safety matters, and gives information to sporting administration bodies about individual cases that involve sports doping and safety matters. This Act contains provisions about disclosing information obtained under or for the purposes of this Act or a legislative instrument made under this Act (see Part 8). #### 3A Object of this Act The object of this Act is to establish Sport Integrity Australia to prevent and address threats to sports integrity and to coordinate a national approach to matters relating to sports integrity in Australia, with a view to: (a) achieving fair and honest sporting performances and outcomes; and (b) promoting positive conduct by athletes, administrators, officials, supporters and other stakeholders, on and off the sporting arena; and (c) achieving a safe, fair and inclusive sporting environment at all levels; and (d) enhancing the reputation and standing of sporting contests and of sport overall. #### 4 Definitions In this Act: > Advisory Council means the Sport Integrity Australia Advisory Council established by section 26. > Advisory Council Chair means the Chair of the Advisory Council. > Advisory Council member means a member of the Advisory Council and includes the Advisory Council Chair. > anti‑doping rules has the meaning given by the NAD scheme. > anti‑doping rule violation means a violation of an anti‑doping rule. > anti‑doping testing service means a service for testing one or more athletes for the use of drugs or doping methods, where the testing is by means of testing a sample provided by each athlete. > ASC means the Australian Sports Commission. > ASDMAC means the Australian Sports Drug Medical Advisory Committee. > ASDMAC Chair means the Chair 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 Chair. > ASDMAC primary member means an ASDMAC member referred to in paragraph 53(b). > ASDMAC review member means an ASDMAC member referred to in paragraph 53(c). > athlete means a person: (a) who competes in sport or who has at any time in the last 6 months competed in sport; and (b) who is subject to the NAD scheme. > Australia, when used in a geographical sense, includes the external Territories. > CEO means the Chief Executive Officer of Sport Integrity Australia appointed in accordance with section 24A. > civil penalty provision has the same meaning as in the Regulatory Powers Act. > constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies. > contract includes a deed. > designated associate has the meaning given by section 70. > disclose means divulge or communicate. > disclosure notice has the meaning given by subsection 13A(1). > doping method includes: (a) the manipulation or substitution of any human biological material in a manner that is capable of concealing the use of a drug by the individual concerned; and (b) the use of a substance in a manner that is capable of concealing the use of a drug by the individual concerned; and (c) a prohibited method within the meaning of the World Anti‑Doping Code; and (d) if the UNESCO Anti‑Doping Convention has entered into force for Australia—a prohibited method within the meaning of that Convention. > drug includes: (a) any substance (whether naturally occurring or otherwise); and (b) a prohibited substance within the meaning of the World Anti‑Doping Code; and (c) if the UNESCO Anti‑Doping Convention has entered into force for Australia—a prohibited substance within the meaning of that Convention. > entrusted person has the meaning given by section 69. > foreign country includes a region where: (a) the region is a colony, territory or protectorate of a foreign country; or (b) the region is part of a foreign country; or (c) the region is under the protection of a foreign country; or (d) a foreign country exercises jurisdiction or control over the region; or (e) a foreign country is responsible for the region’s international relations. > foreign sporting organisation means: (a) a Department of State of a foreign country, or a government agency in a foreign country, that oversees sport in that country; or (b) a national sporting organisation of a foreign country; or (c) an organisation established in a foreign country for the purpose of discouraging or eliminating the use of drugs and doping methods in sport; or (d) a recognised laboratory in a foreign country; or (e) an International Sporting Federation. > General Anti‑Doping Convention means: (a) the Anti‑Doping Convention, done at Strasbourg on 16 November 1989 \[1994\] ATS 33; or (b) if the Convention has been amended by any amendment that has entered into force for Australia—the Convention as so amended. > Note: The text of the Convention is set out in Australian Treaty Series 1994 No. 33\. In 2005, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au). > ineligibility means an athlete or other person being barred on account of an anti‑doping rule violation for a specified period of time from participating in any competition or other activity or funding as provided in Article 10.14 of the World Anti‑Doping Code. > 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 a standard adopted by WADA in support of the World Anti‑Doping Code, including any technical documents issued pursuant to the standard. > matter relating to sports integrity includes a sports doping and safety matter. > NAD scheme or National Anti‑Doping Scheme means: (a) the scheme prescribed for the purposes of section 9; or (b) if the scheme has been amended under section 10—the scheme as so amended. > national sporting organisation, in relation to a particular sport, means: (a) in respect of Australia: (i) 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 Australia; or (ii) whether or not there is an International Sporting Federation that has international control over the sport—a sporting organisation that is recognised by the ASC as being responsible for administering the affairs of the sport, or of a substantial part or section of the sport, in Australia; or (b) in respect of a foreign country: (i) 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 (ii) 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. > non‑participant means a person: (a) who is neither an athlete nor a support person; and (b) who is bound by a sporting administration body’s anti‑doping policy. > protected information means information that: (a) was obtained under or for the purposes of this Act or a legislative instrument made under this Act; and (b) relates to the affairs of a person (other than an entrusted person); and (c) identifies, or is reasonably capable of being used to identify, the person. > publish means publish on the internet or otherwise. > recognised laboratory means: (a) a laboratory that WADA recognises as an accredited laboratory for the purpose of testing for drugs and doping methods in sport; or (b) a laboratory approved by WADA. > registered medical practitioner means a medical practitioner within the meaning of: (a) for a State or Territory other than Western Australia—the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 (Qld), as it applies (with or without modification) as a law of the State or Territory; or (b) for Western Australia—the Health Practitioner Regulation National Law (WA) Act 2010 (WA), so far as that Act corresponds to the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 (Qld). > Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014. > relevant international anti‑doping instrument means: (a) the World Anti‑Doping Code; or (b) an International Standard; or (c) an international agreement to which Australia is a party, if the agreement is prescribed by the regulations for the purposes of this definition. > sample means any human biological material. > sporting administration body means: (a) the International Olympic Committee; or (b) WADA; or (c) a National Anti‑Doping Organization as defined in the World Anti‑Doping Code; or (d) a foreign sporting organisation; or (e) a national sporting organisation; or (f) a sporting organisation; or (g) a tribunal, committee or other investigative body that is associated with a body referred to in one or more of paragraphs (a) to (f); or (h) the ASC; but does not include Sport Integrity Australia. > sporting competition means a sporting event or a series of sporting events. > sporting event includes any sporting activity. > sporting organisation includes an organisation that: (a) has control in Australia, a foreign 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 doping and safety matter means: (a) a matter relating to drugs and/or doping methods in one or more sporting activities; or (b) a matter relating to the safety of athletes. > sports integrity means the manifestation of the ethics and values that promote community confidence in sport. > support person means an athlete support person within the meaning of the World Anti‑Doping Code. > threats to sports integrity include: (a) the manipulation of sporting competitions; and (b) the use of drugs or doping methods in sport; and (c) the abuse of children and other persons in a sporting environment; and (d) the failure to protect members of sporting organisations, and other persons in a sporting environment, from bullying, intimidation, discrimination or harassment. > UNESCO Anti‑Doping Convention means: (a) the International Convention Against Doping in Sport, adopted by the UNESCO General Conference at Paris on 19 October 2005; or (b) if the Convention has been amended by any amendment that has entered into force for Australia—the Convention as so amended. > Note: In 2005, the text of the final draft of the UNESCO International Convention Against Doping in Sport was accessible through the UNESCO website (www.unesco.org). > vacancy, in relation to: (a) the office of an Advisory Council member; or (b) the office of an ASDMAC primary member; has a meaning affected by section 5. > violation means breach. > Violations List means the list established under section 19A, as in force from time to time. > WADA means the World Anti‑Doping Agency established in November 1999 under the law of Switzerland. > Note: WADA 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: (a) the World Anti‑Doping Code adopted by the Foundation Board of WADA on 5 March 2003 at Copenhagen; or (b) if the Code has been amended—the Code as so amended. > Note: In 2005, the text of the World Anti‑Doping Code was accessible through the website of the World Anti‑Doping Agency (www.wada‑ama.org). #### 5 When is there a vacancy? (1) For the purposes of a reference in: (a) this Act to a vacancy in the office of an Advisory Council member; or (b) the Acts Interpretation Act 1901 to a vacancy in the membership of a body; there are taken to be 10 offices of Advisory Council members in addition to the Advisory Council Chair. (2) For the purposes of a reference in: (a) this Act to a vacancy in the office of an ASDMAC primary member; or (b) the Acts Interpretation Act 1901 to a vacancy in the membership of a body; there are taken to be 6 offices of ASDMAC primary members. #### 6 Crown to be bound (1) This Act binds the Crown in each of its capacities. (2) This Act does not make the Crown liable to be prosecuted for an offence. #### 7 Extension to external Territories This Act extends to every external Territory. #### 8 Extra‑territorial application This Act extends to acts, omissions, matters and things outside Australia (unless the contrary intention appears). ## Part 2—National Anti‑Doping Scheme ### Division 1A—Simplified outline of this Part #### 8A Simplified outline of this Part The regulations must prescribe a scheme, known as the NAD scheme. The NAD scheme implements the General Anti‑Doping Convention and the UNESCO Anti‑Doping Convention. Certain matters must be in the NAD scheme (see Division 2). For example, the NAD scheme must: (a) contain the anti‑doping rules; and (b) authorise the CEO to test samples provided by athletes; and (c) authorise the CEO to investigate possible violations of the anti‑doping rules; and (d) contain rules (known as sporting administration body rules) that are applicable to certain sporting administration bodies. The NAD scheme must authorise the CEO to give a person a disclosure notice in certain circumstances. A disclosure notice can require a person to attend an interview to answer questions, to give specified information, or to produce specified documents or things. There are consequences for failing to comply with a disclosure notice (see section 13C). The NAD scheme must comply with certain rights of athletes, support persons and non‑participants. These include notification rights. ### Division 1—Making and amending the NAD scheme #### 9 Making the National Anti‑Doping Scheme The regulations must prescribe a scheme about any or all of the following matters: (a) the implementation of the General Anti‑Doping Convention; (b) if the UNESCO Anti‑Doping Convention has entered into force for Australia—the implementation of that Convention; (c) ancillary or incidental matters. > Note: For NAD scheme or National Anti‑Doping Scheme, see section 4. #### 10 Amending the National Anti‑Doping Scheme (1) The CEO may, by legislative instrument, amend the NAD scheme, so long as: (a) the amendment relates to any or all of the following matters: (i) the classes of athletes who are subject to the NAD scheme; (ii) the meaning of support person for the purposes of the NAD scheme; (iia) the classes of non‑participants who are subject to the NAD scheme; (iii) a request to an athlete to keep the CEO informed of where the athlete can be found; (iv) the things that an athlete may do before providing a sample; (v) the things that the CEO may do with a sample; (vi) the disclosure of information, other than information included in the Violations List, that relates, or appears to relate, to a person in connection with a possible breach of the anti‑doping rules; (vii) a matter that is ancillary or incidental to one or more of the matters mentioned in subparagraphs (i) to (vi); and (b) the amended NAD scheme is about any or all of the following matters: (i) the implementation of the General Anti‑Doping Convention or the UNESCO Anti‑Doping Convention; (ii) a matter that is ancillary or incidental to one or both of the matters mentioned in subparagraph (i). > Note: For public consultation requirements, see section 11. (2) To avoid doubt, the regulations may also amend the NAD scheme in relation to a matter mentioned in paragraph (1)(a). #### 11 Public consultation (1) Before making an instrument under subsection 10(1) amending the NAD scheme, the CEO must: (a) publish a draft of the instrument and invite people to make submissions to Sport Integrity Australia on the draft; and (b) consider any submissions that are received within the time limit specified by the CEO when he or she published the draft. (2) The time limit specified by the CEO when he or she publishes the draft must be at least 28 days after the day of publication. (3) A failure to comply with this section does not affect the validity of the instrument. #### 12 Use of relevant international anti‑doping instruments (1) The NAD scheme may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in a relevant international anti‑doping instrument: (a) as in force or existing at a particular time; or (b) as in force or existing from time to time. (2) Subsection (1) has effect despite anything in subsection 14(2) of the Legislation Act 2003. (3) Subsection (1) has effect subject to sections 9 and 10. ### Division 2—What must be in the NAD scheme #### 13 Anti‑doping rules etc. relating to certain athletes, support persons and non‑participants (1) The NAD scheme must: (a) provide that one or more specified classes of persons who compete in sport, or who have at any time in the last 6 months competed in sport, are subject to the NAD scheme; and (aa) provide that one or more specified classes of support persons are subject to the NAD scheme; and (ab) provide that all non‑participants, or that one or more specified classes of non‑participants, are subject to the NAD scheme; and (b) contain the anti‑doping rules; and (c) authorise the CEO to request an athlete to keep Sport Integrity Australia informed of where the athlete can be found; and (d) authorise the CEO to request an athlete to provide a sample; and (e) authorise the CEO to test, or arrange the testing of, samples so provided; and (ea) authorise the CEO to request a specified person to do one or more of the following within a specified period: (i) attend an interview to answer questions; (ii) give information of a specified kind; (iii) produce documents or things of a specified kind; if the CEO reasonably believes that the person has information, documents or things that may be relevant to the administration of the NAD scheme; and (f) authorise the CEO to investigate possible violations of the anti‑doping rules; and (g) authorise the CEO to disclose information, documents or things obtained in relation to the administration of the NAD scheme (including information obtained during investigations of possible violations of the anti‑doping rules) for the purposes of, or in connection with, that administration; and (h) authorise the CEO to make assertions relating to investigations referred to in paragraph (f); and (j) authorise the CEO to notify athletes, support persons, non‑participants and sporting administration bodies of such assertions; and (ja) authorise the CEO to provide recommendations to sporting administration bodies as to the consequences of such assertions; and (k) authorise the CEO to present: (i) such assertions; and (ii) additional information; at hearings of the Court of Arbitration for Sport, the National Sports Tribunal and other sporting tribunals, either: (iii) at the request of a sporting administration body; or (iv) on the CEO’s own initiative; and (m) authorise the CEO to publish information relating to such assertions if: (i) the CEO considers the publication to be in the public interest; or (ia) the publication is required or permitted by the World Anti‑Doping Code; or (ii) the athlete, support person or non‑participant to whom the information relates has consented to the publication; and the other conditions (if any) specified in the NAD scheme for the purposes of this paragraph are satisfied. > Note: The NAD scheme may make different provision with respect to different matters or different classes of matters (see subsection 33(3A) of the Acts Interpretation Act 1901). (2) The anti‑doping rules may deal with matters arising before or after the commencement of this section. (3) The NAD scheme must include a provision (a limitations provision) to the effect that an action may be commenced against an athlete, support person or non‑participant in relation to a possible violation of the anti‑doping rules within 10 years after the violation is alleged to have occurred. (4) The limitations provision prevails over a law of a State or Territory, to the extent of any inconsistency. #### 13A Power to require information or documents to be given (1) The NAD scheme must authorise the CEO to give a person a written notice (a disclosure notice) requiring the person to do one or more of the following within the period specified in the notice: (a) attend an interview to answer questions; (b) give information of the kind specified in the notice; (c) produce documents or things of the kind specified in the notice. (1A) The NAD scheme must provide that the CEO must not give a disclosure notice to a person unless: (a) the CEO declares in writing that the CEO reasonably believes that the person has information, documents or things that may be relevant to the administration of the NAD scheme; and (b) if: (i) the person is a registered medical practitioner; and (ii) the notice is given to the person in his or her capacity as a registered medical practitioner; the CEO declares in writing that the CEO reasonably believes that the person has been involved, in that capacity, in the commission, or attempted commission, of a possible violation of the anti‑doping rules. (2) The NAD scheme may make provision in relation to: (a) disclosure notices; and (b) the form and conduct of interviews; and (c) the form in which information, documents, things and answers to questions must or may be given. (3) Without limiting subsection (2), the NAD scheme must provide that a person who is given a disclosure notice has the right to be notified in writing of the possible consequences of a failure to comply with the disclosure notice. #### 13B CEO may retain and copy documents etc. Inspecting and making copies of documents (1) The CEO may: (a) inspect a document produced in response to a disclosure notice; and (b) make and retain copies of, or take and retain extracts from, such a document. Retaining documents and things (2) The CEO may take, and retain for as long as is necessary, possession of a document or thing produced in response to a disclosure notice. (3) While the CEO retains the document or thing, he or she must allow a person who would otherwise be entitled to inspect the document or view the thing to do so at such times and places as the CEO thinks appropriate. #### 13C Failure to comply with disclosure notice Failure to give information or produce documents in time (1) A person contravenes this subsection if: (a) the person is given a disclosure notice; and (b) the notice requires the person to: (i) give information; or (ii) produce documents or things; of a kind specified in the notice; and (c) the person fails to comply with the notice within the period specified in the notice. Civil penalty: 60 penalty units. (2) Subsection (1) does not apply if the person gives the CEO a statutory declaration stating that: (a) the person does not possess the information, document or thing; and (b) the person has taken all reasonable steps available to the person to obtain the information, document or thing and has been unable to obtain it. > Note: A person bears an evidential burden in relation to a matter in subsection (2) (see section 96 of the Regulatory Powers Act). Failure to attend interview (3) A person contravenes this subsection if: (a) the person is given a disclosure notice; and (b) the notice requires the person to attend an interview to answer questions; and (c) the person fails to comply with the notice. Civil penalty: 60 penalty units. Failure to answer questions (4) A person contravenes this subsection if: (a) the person is given a disclosure notice; and (b) the notice requires the person to attend an interview to answer questions; and (c) the person refuses or fails to answer a question. Civil penalty: 60 penalty units. #### 13D Self‑incrimination (1) A person is not excused from answering a question, giving information or producing a document or thing as required by a disclosure notice given to the person on the ground that the answer to the question, the information or the production of the document or thing might tend to incriminate the person or expose the person to a penalty. (2) However, in the case of an individual: (a) the answer given, the information given or the document or thing produced; and (b) answering the question, giving the information or producing the document or thing; and (c) any information, document or thing obtained as a direct or indirect consequence of the answering of the question, giving the information or producing the document or thing; are not admissible in evidence against the individual in any proceedings, other than: (d) proceedings for an offence against section 137.1 or 137.2 of the Criminal Code that relates to this Act; or (e) proceedings in connection with this Act or the regulations. (3) To avoid doubt, proceedings (however described) before a sporting administration body, the Court of Arbitration for Sport, the National Sports Tribunal or other sporting tribunal that relate to sports doping and safety matters are proceedings in connection with this Act or the regulations. #### 14 Rights of athletes, support persons and non‑participants (1) The NAD scheme must comply with the rights of athletes, support persons and non‑participants set out in subsections (2) and (3). Rights (2) An athlete has a right to be notified orally, or in writing, of the possible consequences of a failure to comply with a request by the CEO: (a) to provide a sample; or (aa) to attend an interview to answer questions; or (ab) to give information; or (ac) to produce documents or things; or (b) to keep Sport Integrity Australia informed of where the athlete can be found. (3) If the CEO proposes to make an assertion relating to an investigation of a possible violation of the anti‑doping rules by an athlete, support person or non‑participant: (a) the athlete, support person or non‑participant has a right to be notified in writing about the proposal; and (b) the athlete, support person or non‑participant has a right to make written submissions to the CEO about the proposal; and (c) the athlete, support person or non‑participant has a right to be notified in writing of a decision of the CEO to make such an assertion. Waiver of rights (5) The NAD scheme may allow an athlete, support person or non‑participant to waive a right under the NAD scheme. However, the NAD scheme must not allow waiver of a right to apply to a court, tribunal or other body or person for review of a decision under the NAD scheme. #### 15 Sporting administration body rules (1) The NAD scheme must: (a) contain rules (the sporting administration body rules) that: (i) are applicable to one or more specified sporting administration bodies; and (ii) relate to the anti‑doping rules; and (b) authorise the CEO to monitor the compliance by sporting administration bodies with the sporting administration body rules; and (c) authorise the CEO to notify the ASC about the extent of such compliance by sporting administration bodies other than the ASC; and (d) authorise the CEO to publish reports about the extent of compliance by sporting administration bodies with the sporting administration body rules. > Note: The NAD scheme may make different provision with respect to different matters or different classes of matters (see subsection 33(3A) of the Acts Interpretation Act 1901). (2) The following are examples of sporting administration body rules: (a) rules about promoting compliance with the anti‑doping rules by athletes, support persons and non‑participants; (b) rules about referring possible violations of the anti‑doping rules to Sport Integrity Australia; (c) rules about assisting, and giving information to, Sport Integrity Australia in relation to investigations of possible violations of the anti‑doping rules; (d) rules about taking action in response to the CEO’s assertions relating to such investigations; (e) rules about hearings and appeals arising from such assertions. #### 16 Matters required by the regulations The regulations may provide that the NAD scheme must deal with specified matters. ### Division 3—Miscellaneous #### 17 NAD scheme may deal with other matters Division 2 does not limit the matters in relation to which the NAD scheme may make provision. #### 18 Decisions under the NAD scheme The NAD scheme may make provision in relation to a matter by conferring a power to make a decision of an administrative character on any or all of the following: (a) the CEO; (b) the ASDMAC; (c) a body specified in regulations made for the purposes of this paragraph. #### 19 Fees (1) The NAD scheme may authorise either or both of the following: (a) the CEO to charge fees for performing his or her functions under the NAD scheme; (b) the ASDMAC to charge fees for performing its functions under the NAD scheme. (2) A fee: (a) must not be such as to amount to taxation; and (b) is payable to the Commonwealth. ## Part 2A—Violations List #### 19AA Simplified outline of this Part This Part requires the CEO to establish and maintain a list, known as the Violations List. If the CEO becomes aware that an athlete, support person or non‑participant has been sanctioned by a sporting administration body in relation to an anti‑doping rule violation, the CEO must generally include certain information in the Violations List in relation to the violation. The information includes details about the person, and the nature and consequences of the violation. The CEO may also include other information. The Violations List is to be made available for public inspection on the internet. #### 19A Violations List (1) The CEO must establish and maintain a list, to be known as the Violations List. (2) If the CEO becomes aware that an athlete, support person or non‑participant has been sanctioned by a sporting administration body in relation to an anti‑doping rule violation, and: (a) the time within which any appeal in relation to the sanction may be instituted has expired, and no such appeal has been instituted; or (b) any appeal in relation to the sanction has been completed; or (c) the athlete, support person or non‑participant has waived his or her right to any appeal in relation to the sanction; the CEO must, within 20 days of becoming so aware, include in the Violations List the information required by subsection (3). (3) The following information is required in relation to an anti‑doping rule violation: (a) the name of the athlete, support person or non‑participant; (b) for an athlete: (i) the athlete’s date of birth; and (ii) the athlete’s sport; and (iii) if the athlete is a member of a team—the team; (c) the nature of the anti‑doping rule violation; (d) the date of the anti‑doping rule violation; (e) the consequences (within the meaning of the World Anti‑Doping Code) of the anti‑doping rule violation, including the period of ineligibility (if any) for the anti‑doping rule violation. (4) The CEO may include in the Violations List any other information he or she considers appropriate. (5) Despite subsection (2), the CEO is not required to include in the Violations List any information in relation to an anti‑doping rule violation, if: (a) the anti‑doping rule violation was committed by an individual who was aged under 18 at the time the anti‑doping rule violation was committed; or (aa) the CEO is satisfied that, taking into account the mental capacity of the individual who committed the anti‑doping rule violation, the individual does not understand the anti‑doping rules; or (ab) the CEO is satisfied that the anti‑doping rule violation was committed by an individual: (i) who is an athlete who competes in sport for recreational purposes; and (ii) who has neither been a national‑level athlete (within the meaning of the NAD scheme) nor an international‑level athlete (within the meaning of that scheme) at any time in the 5 years before the individual committed the anti‑doping rule violation; or (b) the CEO is satisfied that the inclusion of the information is likely to prejudice a current investigation into a possible violation of the anti‑doping rules; or (c) WADA has authorised the non‑inclusion of the information. (6) Information included in the Violations List in relation to an anti‑doping rule violation must be removed from the Violations List: (a) if there is a period of ineligibility for the anti‑doping rule violation—at the later of the following times: (i) at the end of the period of ineligibility; (ii) at the end of the period of 1 month after its inclusion; or (b) otherwise—1 month after its inclusion. (7) The NAD scheme may make provision for and in relation to either or both of the following: (a) the correction of entries in the Violations List; (b) any other matter relating to the administration or operation of the Violations List. (8) The Violations List is to be made available for public inspection on the internet. (9) The Violations List is not a legislative instrument. ## Part 3—Sport Integrity Australia’s establishment and function #### 20 Simplified outline of this Part This Part establishes Sport Integrity Australia. Sport Integrity Australia’s function is to assist the CEO of Sport Integrity Australia in performing the CEO’s functions. #### 20A Establishment of Sport Integrity Australia Sport Integrity Australia is established by this section. #### 20B Constitution of Sport Integrity Australia Sport Integrity Australia consists of: (a) the CEO; and (b) the Sport Integrity Australia staff. > Note: Sport Integrity Australia does not have a legal identity separate from the Commonwealth. #### 20C Sport Integrity Australia’s function Sport Integrity Australia’s function is to assist the CEO in the performance of the CEO’s functions. #### 20CAA Sport Integrity Australia has privileges and immunities of the Crown Sport Integrity Australia has the privileges and immunities of the Crown in right of the Commonwealth. ## Part 3A—Chief Executive Officer ### Division 1A—Simplified outline of this Part #### 20CA Simplified outline of this Part This Part provides for the CEO’s appointment and sets out the terms and conditions of appointment. The CEO has various functions, including functions in relation to matters relating to sports integrity, including threats to sports integrity (see section 21). The CEO is subject to direction by the Minister. This Part also makes provision for staff of Sport Integrity Australia and for persons to assist the CEO. The CEO may delegate his or her functions and powers. ### Division 1—CEO’s functions and powers #### 20D Chief Executive Officer There is to be a Chief Executive Officer of Sport Integrity Australia. #### 21 CEO’s functions (1) The CEO has the following functions: (a) such functions as are conferred on the CEO by this Act; (b) such functions as are conferred on the CEO by the NAD scheme; (c) to advise the ASC about matters relating to sports integrity that should be included in any agreement under which the ASC gives money to a sporting organisation; (d) to coordinate a national approach in relation to Australia’s response to matters relating to sports integrity, including threats to sports integrity; (e) to coordinate and strengthen relationships among governments of the States and Territories, regulators, sporting organisations and law enforcement and other agencies in relation to matters relating to sports integrity, including threats to sports integrity; (f) to work with domestic and overseas regulators, sporting organisations and operators of betting services in relation to matters connected with match‑fixing in sport or fraud in sports‑betting; (g) to advise governments of the Commonwealth, the States and Territories on recommended changes to legislation and policies in relation to matters relating to sports integrity, including threats to sports integrity; (h) to work with and provide assistance and advice to sporting administrators to identify potential threats to sports integrity for particular sports and to develop a robust integrity framework for those sports; (i) to support, encourage, develop and implement initiatives that increase the skills and knowledge of people involved in sporting activities about matters relating to sports integrity, including threats to sports integrity; (j) to support and encourage the sporting community to develop and implement comprehensive programs, and education initiatives, about matters relating to sports integrity, including threats to sports integrity; (jaa) to support, encourage and conduct research about matters relating to sports integrity, including threats to sports integrity; (jab) to provide education resources to sporting administrators about matters relating to sports integrity, including threats to sports integrity; (jac) to investigate threats to sports integrity and to collect, analyse, interpret and disseminate information about matters relating to sports integrity, including threats to sports integrity; (jad) to encourage the development of ways for the States and Territories, and sporting organisations, to carry out initiatives about matters relating to sports integrity, including threats to sports integrity; (jae) to cooperate with the States and Territories, and with sporting organisations, to carry out initiatives about matters relating to sports integrity, including threats to sports integrity; (ja) to cooperate with an organisation of a foreign country in the Oceania region that has functions that are the same as, or similar to, those of the CEO; (k) to provide the following services under contract on behalf of the Commonwealth: (i) anti‑doping testing services; (iii) other services (including educational services) in relation to matters relating to sports integrity, including threats to sports integrity; (l) to make resources and facilities (including secretariat services and clerical assistance) available to the ASDMAC for the purposes of enabling the ASDMAC to perform its functions; (m) such other functions as are conferred on the CEO by any other law of the Commonwealth; (n) to advise the Minister about matters relating to any of the above functions; (o) to do anything incidental to or conducive to the performance of any of the above functions. > Note: For sports doping and safety matter, see section 4. Constitutional limits (2) The CEO may perform his or her functions only: (a) for purposes related to external affairs, including: (i) giving effect to an international agreement to which Australia is a party; and (ii) addressing matters of international concern; and (iii) by way of the performance of the CEO’s functions in relation to persons, places, matters or things outside Australia; or (b) for purposes related to money appropriated for the purposes of the Commonwealth; or (c) for purposes related to the granting of financial assistance to a State on such terms and conditions as the Parliament thinks fit; or (d) for purposes related to the executive power of the Commonwealth; or (e) for purposes related to the collection of statistics; or (f) in, or for purposes related to, a Territory; or (g) in a Commonwealth place (within the meaning of the Commonwealth Places (Application of Laws) Act 1970); (h) by way of, or for purposes related to, trade and commerce: (i) between Australia and places outside Australia; or (ii) among the States; or (iii) within a Territory, between a State and a Territory or between 2 Territories; or (i) by way of the provision of an anti‑doping testing service to a constitutional corporation, where: (i) the service involves testing one or more employees of the constitutional corporation; and (ii) the results of the testing are relevant to the relationship between the constitutional corporation and the employee or employees; or (j) by way of the provision of a service to a constitutional corporation, where the service is provided to protect the constitutional corporation’s business reputation from being damaged by the use of drugs and/or doping methods in sport; or (k) in connection with a postal, telegraphic, telephonic or other like service within the meaning of paragraph 51(v) of the Constitution; or (l) by way of the provision of a service to: (i) the Commonwealth; or (ii) an authority of the Commonwealth; or (m) 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; or (n) by way of the provision of a service, if the provision of the service: (i) utilises Sport Integrity Australia’s spare capacity; or (ii) maintains or improves the specialised technical skills of the Sport Integrity Australia staff in relation to the testing of athletes; and does not impede the CEO’s capacity to perform his or her other functions. #### 22 CEO’s powers The CEO has the power to do all things necessary or convenient to be done for or in connection with the performance of his or her functions. #### 24 Minister may give directions to the CEO (1) The Minister may, by legislative instrument, give directions to the CEO in relation to the performance of his or her functions and the exercise of his or her powers. > Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901. (2) However, such a direction must not relate to: (a) a particular athlete, or a particular support person or a particular non‑participant, who is subject to the NAD scheme; or (b) the testing of a particular athlete under an anti‑doping testing service being provided by the CEO under contract on behalf of the Commonwealth. (3) The CEO must comply with a direction under subsection (1). (4) Subsection (3) does not apply to the extent that the direction relates to the CEO’s performance of functions or exercise of powers under the Public Governance, Performance and Accountability Act 2013 or as an Agency Head under the Public Service Act 1999. ### Division 2—Appointment of CEO #### 24A Appointment of CEO (1) The CEO is to be appointed by the Minister, by written instrument, on a full‑time basis. (3) The appointment of a person as CEO is not invalid because of a defect or irregularity in connection with the person’s appointment. #### 24B Period of appointment for CEO The CEO holds office for the period specified in the instrument of appointment. The period must not exceed 5 years. > Note: The CEO may be reappointed: see section 33AA of the Acts Interpretation Act 1901. #### 24C Acting CEO The Minister may, by written instrument, appoint a person to act as CEO: (a) during a vacancy in the office of CEO (whether or not an appointment has previously been made to that office); or (b) during any period, or during all periods, when the CEO: (i) is absent from duty or from Australia; or (ii) is, for any reason, unable to perform the duties of the office. > Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901. ### Division 3—Terms and conditions for CEO #### 24D Remuneration (1) The CEO is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the CEO is to be paid the remuneration that is prescribed by the regulations. (2) The CEO is to be paid the allowances that are prescribed by the regulations. (3) This section has effect subject to the Remuneration Tribunal Act 1973. #### 24F Outside employment The CEO must not engage in paid employment outside the duties of his or her office without the Minister’s approval. #### 24G Leave of absence (1) The CEO has the recreation leave entitlements that are determined by the Remuneration Tribunal. (2) The Minister may grant to the CEO leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines in writing. #### 24H Resignation (1) The CEO may resign his or her appointment by giving the Minister a written resignation. (2) The resignation takes effect on the day on which it is received by the Minister or, if a later day is specified in the resignation, on that later day. #### 24J Termination of appointment (1) The Minister may terminate the appointment of the CEO: (a) for misbehaviour; or (b) if the CEO is unable to perform the duties of the CEO’s office because of physical or mental incapacity. (2) The Minister may terminate the appointment of the CEO if: (a) the CEO: (i) becomes bankrupt; or (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or (iii) compounds with his or her creditors; or (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or (ba) the CEO fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section; or (c) the CEO is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or (d) the CEO engages, without the Minister’s approval, in paid employment outside the duties of his or her office (see section 24F); or (e) the CEO commits an offence against section 67. #### 24K Other terms and conditions The CEO holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined, in writing, by the Minister. ### Division 4—Sport Integrity Australia’s staff etc. #### 24L Staff (1) The staff of Sport Integrity Australia are to be persons engaged under the Public Service Act 1999. (2) For the purposes of the Public Service Act 1999: (a) the CEO and the Sport Integrity Australia staff together constitute a Statutory Agency; and (b) the CEO is the Head of that Statutory Agency. #### 24M Persons assisting the CEO The CEO may be assisted: (a) by officers and employees of Agencies (within the meaning of the Public Service Act 1999); or (b) by officers or employees of a State or Territory; or (c) by officers or employees of bodies or organisations of the Commonwealth, a State or a Territory; whose services are made available to the CEO in connection with the performance of any of his or her functions. #### 24MA Consultants (1) The CEO may, on behalf of the Commonwealth, engage consultants to assist in the performance of the CEO’s functions. (2) The consultants are to be engaged on the terms and conditions that the CEO determines in writing. ### Division 5—Delegation #### 24N Delegation by the CEO (1) The CEO may, by writing, delegate any or all of his or her functions and powers to: (a) a member of the Sport Integrity Australia staff; or (b) an individual whose services are made available to the CEO under section 24M; or (c) an individual appointed as a chaperone, or as a drug testing official, under the NAD scheme. (2) Subsection (1) does not apply to the following: (a) the power to make a legislative instrument amending the NAD scheme; (b) the power to give a disclosure notice; (c) the functions and powers of the CEO under Part 8 (information management). (3) Paragraph (1)(c) does not apply to a function or power unless it is conferred by the NAD scheme. (3A) The CEO may, by writing, delegate his or her power to give a disclosure notice to a member of the Sport Integrity Australia staff who is an SES employee, or an acting SES employee. (3B) The CEO may, by writing, delegate any or all of his or her functions or powers under Part 8 to a member of the Sport Integrity Australia staff who is an SES employee or an acting SES employee. (4) A delegate must comply with any written directions of the CEO. ## Part 4—Sport Integrity Australia Advisory Council ### Division 1—Simplified outline of this Part #### 25 Simplified outline of this Part This Part establishes the Sport Integrity Australia Advisory Council. The Advisory Council’s functions are to: (a) advise the CEO in relation to the CEO’s functions or to Sport Integrity Australia’s function; and (b) advise the Minister about the operations of Sport Integrity Australia or the performance of the CEO’s functions. ### Division 2—Establishment and functions of the Sport Integrity Australia Advisory Council #### 26 Establishment of the Sport Integrity Australia Advisory Council The Sport Integrity Australia Advisory Council is established by this section. #### 27 Functions of the Advisory Council (1) The functions of the Advisory Council are: (a) on its own initiative or at the request of the CEO, to provide advice to the CEO in relation to the CEO’s functions; and (b) on its own initiative, to provide advice to the CEO in relation to Sport Integrity Australia’s function; and (c) at the request of the Minister, to provide advice to the Minister about matters arising in relation to the operations of Sport Integrity Australia or to the performance of the CEO’s functions. (2) The advice: (a) must be strategic advice only; and (b) must not relate to a particular individual or particular investigation. ### Division 3—Membership of the Advisory Council #### 28 Membership of the Advisory Council The Advisory Council consists of the following members: (a) a Chair; (b) at least 6, and not more than 10, other members. #### 29 Appointment of Advisory Council members (1) Each Advisory Council member is to be appointed by the Minister by written instrument, on a part‑time basis. > Note: An Advisory Council member may be reappointed: see section 33AA of the Acts Interpretation Act 1901. (2) An Advisory Council member holds office for the period specified in the instrument of appointment. The period must not exceed 3 years. (3) The Minister must not appoint a person as an Advisory Council member unless the Minister is satisfied that the person has substantial experience or knowledge in at least one of the following fields: (a) sports administration and participation; (b) sports law; (c) intelligence and information gathering; (d) law enforcement; (e) anti‑doping; (f) high performance sport; (g) athlete physical or mental health or well‑being; (h) harassment and discrimination prevention; (i) child protection; (j) formulation of government policy and public administration; (k) education and learning; (l) arbitration, mediation or other dispute resolution; (m) any other appropriate field of expertise. (4) The CEO is not eligible for appointment as an Advisory Council member. #### 30 Acting appointments Advisory Council Chair (1) The Minister may appoint a person (except the CEO) to act as the Advisory Council Chair: (a) during a vacancy in the office of the Advisory Council Chair (whether or not an appointment has previously been made to the office); or (b) during any period, or during all periods, when the Advisory Council Chair: (i) is absent from duty or from Australia; or (ii) is, for any reason, unable to perform the duties of the office. Other Advisory Council members (2) The Minister may appoint a person (except the CEO) to act as an Advisory Council member (other than the Advisory Council Chair): (a) during a vacancy in the office of an Advisory Council member (other than the Advisory Council Chair), whether or not an appointment has previously been made to the office; or (b) during any period, or during all periods, when an Advisory Council member (other than the Advisory Council Chair): (i) is absent from duty or from Australia; or (ii) is, for any reason, unable to perform the duties of the office. Eligibility (3) A person is not eligible for appointment under subsection (1) or (2) unless the person is eligible for appointment as an Advisory Council member. > Note 1: For eligibility to be appointed as an Advisory Council member, see subsection 29(3). > Note 2: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901. #### 31 Remuneration and allowances (1) An Advisory Council member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by that Tribunal is in operation, an Advisory Council member is to be paid the remuneration that is prescribed by an instrument under subsection (4). (2) An Advisory Council member is to be paid the allowances that are prescribed by an instrument under subsection (4). (3) This section has effect subject to the Remuneration Tribunal Act 1973. (4) The Minister may, by legislative instrument, prescribe: (a) remuneration for the purposes of subsection (1); and (b) allowances for the purposes of subsection (2). #### 32 Leave of absence (1) The Minister may grant leave of absence to the Advisory Council Chair on the terms and conditions that the Minister determines. (2) The Advisory Council Chair may grant leave of absence to another Advisory Council member on the terms and conditions that the Chair determines. #### 33 Disclosure of interests to the Minister An Advisory Council member must give written notice to the Minister of all interests, pecuniary or otherwise, that the member has or acquires and that conflict or could conflict with the proper performance of the member’s duties. #### 34 Resignation (1) An Advisory Council member may resign the member’s appointment by giving the Minister a written resignation. (2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day. #### 35 Termination of appointment (1) The Minister may terminate the appointment of an Advisory Council member: (a) for misbehaviour; or (b) if the Advisory Council member is unable to perform the duties of the office because of physical or mental incapacity. (2) The Minister may terminate the appointment of an Advisory Council member if: (a) the Advisory Council member: (i) becomes bankrupt; or (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or (iii) compounds with the member’s creditors; or (iv) makes an assignment of the member’s remuneration for the benefit of the member’s creditors; or (b) the Advisory Council member is absent, except on leave of absence, from 3 consecutive meetings of the Advisory Council; or (c) the Advisory Council member fails, without reasonable excuse, to comply with section 33 (which deals with the disclosure of interests). #### 36 Other terms and conditions An Advisory Council member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined, in writing, by the Minister. ### Division 4—Ministerial directions #### 37 Directions (1) The Minister may give the Advisory Council written directions about either or both of the following: (a) the way in which the Advisory Council is to carry out its functions; (b) the procedures to be followed in relation to meetings of the Advisory Council. (2) The Advisory Council must comply with a direction under subsection (1). (3) A direction under subsection (1) is not a legislative instrument. ## Part 6—Application of the finance law #### 50FA Simplified outline of this Part This Part deals with the application of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013). #### 50F Application of the finance law For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013): (a) Sport Integrity Australia is a listed entity; and (c) the CEO is the accountable authority of Sport Integrity Australia; and (d) the following persons are officials of Sport Integrity Australia: (i) the CEO; (ii) the Sport Integrity Australia staff; (v) the persons whose services are made available to the CEO under section 24M; (vi) consultants engaged under section 24MA; and (e) the purposes of Sport Integrity Australia include: (i) the function of Sport Integrity Australia referred to in section 20C; and (ii) the functions of the CEO referred to in section 21. ## Part 7—Australian Sports Drug Medical Advisory Committee ### Division 1A—Simplified outline of this Part #### 51A Simplified outline of this Part This Part continues the Australian Sports Drug Medical Advisory Committee (known as the ASDMAC). The ASDMAC consists of the Chair, ASDMAC primary members, and ASDMAC review members. ASDMAC members are appointed by the Minister. The ASDMAC has various functions, including: (a) the functions conferred on the ASDMAC by the NAD scheme; and (b) giving advice and information to the CEO and the Australian Sports Commission about the performance of the ASDMAC’s functions, and about sports doping and safety matters; and (c) giving information to sporting administration bodies about individual cases that involve sports doping and safety matters; and (d) providing services relating to sports doping and safety matters under contract on behalf of the Commonwealth. This Part also sets out the terms and conditions of appointment for ASDMAC members, and includes provisions relating to meetings of the ASDMAC. ### Division 1—ASDMAC’s establishment and functions #### 51 Establishment of ASDMAC The Australian Sports Drug Medical Advisory Committee established under the Australian Sports Drug Agency Act 1990 continues in existence by force of this section, under and subject to the provisions of this Act. > Note: See also section 25B of the Acts Interpretation Act 1901. #### 52 ASDMAC’s functions (1) The ASDMAC has the following functions: (a) such functions as are conferred on the ASDMAC by the NAD scheme; (b) to give advice and information to the CEO and the ASC about: (i) the performance of the ASDMAC’s functions; and (ii) sports doping and safety matters; (c) to give information to sporting administration bodies about individual cases that involve: (i) sports doping and safety matters; or (ii) any other matter arising out of the provision of anti‑doping testing services; (d) to provide services relating to sports doping and safety matters under contract on behalf of the Commonwealth; (e) such other functions as are conferred on the ASDMAC by this Act or any other law of the Commonwealth; (f) to do anything incidental to or conducive to the performance of any of the above functions. > Note: For sports doping and safety matter, see section 4. Constitutional limits (2) Subsection 21(2) applies to the functions of the ASDMAC in a corresponding way to the way in which it applies to the functions of the CEO. ### Division 2—ASDMAC’s membership #### 53 ASDMAC’s membership The ASDMAC consists of the following members: (a) a Chair; (b) at least 3, and not more than 6, primary members; (c) 3 review members. #### 54 Appointment of ASDMAC members (1) Each ASDMAC member is to be appointed by the Minister by written instrument. > Note: An ASDMAC member may be reappointed: see section 33AA of the Acts Interpretation Act 1901. (2) The Minister must not appoint a person as an ASDMAC member unless: (a) the person is a registered medical practitioner; and (b) the Minister is satisfied that the person has knowledge of, or experience in, one or more of the following fields: (i) sports medicine; (ii) clinical pharmacology; (iii) endocrinology; (iv) a field specified in regulations made for the purposes of this subparagraph. (2AA) At least one person appointed as an ASDMAC primary member must possess general experience in the care and treatment of athletes with impairments. (3) An ASDMAC member holds office on a part‑time basis. #### 55 Period of appointment for ASDMAC members An ASDMAC member holds office for the period specified in his or her instrument of appointment. The period must not exceed 5 years. > Note: An ASDMAC member may be reappointed: see section 33AA of the Acts Interpretation Act 1901. #### 56 Acting ASDMAC members Acting ASDMAC Chair (1) The Minister may appoint a person to act as the ASDMAC Chair: (a) during a vacancy in the office of the ASDMAC Chair, whether or not an appointment has previously been made to the office; or (b) during any period, or during all periods, when the ASDMAC Chair: (i) is absent from duty or Australia; or (ii) is, for any reason, unable to perform the duties of the office. > Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901. Acting ASDMAC primary member (2) The Minister may appoint a person to act as an ASDMAC primary member: (a) during a vacancy in the office of an ASDMAC primary member, whether or not an appointment has previously been made to the office; or (b) during any period, or during all periods, when an ASDMAC primary member: (i) is absent from duty or Australia; or (ii) is, for any reason, unable to perform the duties of the office. > Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901. Acting ASDMAC review member (2A) The Minister may appoint a person to act as an ASDMAC review member: (a) during a vacancy in the office of an ASDMAC review member, whether or not an appointment has previously been made to the office; or (b) during any period, or during all periods, when an ASDMAC review member: (i) is absent from duty or Australia; or (ii) is, for any reason, unable to perform the duties of the office. > Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901. Qualifications (3) A person is not eligible for appointment to act as: (a) the ASDMAC Chair; or (b) an ASDMAC primary member; or (c) an ASDMAC review member; unless the person is eligible for appointment as an ASDMAC member. > Note: See subsection 54(2). ### Division 3—Terms and conditions for ASDMAC members #### 57 Remuneration (1) An ASDMAC member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the ASDMAC member is to be paid the remuneration that is prescribed in the regulations. (2) An ASDMAC member is to be paid the allowances that are prescribed in the regulations. (3) This section has effect subject to the Remuneration Tribunal Act 1973. #### 58 Standing obligation to disclose interests Obligation to disclose interests (1) An ASDMAC member must disclose any interest he or she has if that interest could conflict with the proper performance of the functions of his or her office. Disclosure is required whether or not there is any particular matter under consideration that gives rise to an actual conflict of interest. (2) The disclosure must be by notice in writing given to the Minister, and to each of the other ASDMAC members, as soon as practicable after the member becomes aware of the potential for conflict of interest. Some types of interests that must be disclosed (3) Without limiting subsection (1), an ASDMAC member is taken to have an interest that could conflict with the proper performance of the functions of his or her office if he or she: (a) participates in, or is involved in any way in the administration of, a sport; or (b) is a member of, or is involved in any way in the administration of, a sporting administration body; or (c) is involved in any way in the administration of a sporting event or sporting venue; or (d) is related to, or has some involvement in the affairs of: (i) an athlete who is subject to the NAD scheme; or (ii) a support person who is subject to the NAD scheme; or (iia) a non‑participant who is subject to the NAD scheme; or (iii) an individual tested under an anti‑doping testing service previously provided by the CEO under contract on behalf of the Commonwealth; or (iv) an individual who could be tested under an anti‑doping testing service being provided by the CEO under contract on behalf of the Commonwealth. (4) Subsections (1) and (3) apply to interests: (a) whether direct or indirect, and whether or not pecuniary; and (b) whether acquired before or after the discloser’s appointment. #### 59 Obligation to disclose interests before deliberating on or deciding a particular matter Obligation to disclose interests (1) An ASDMAC member (the discloser) who has an interest that could conflict with the proper performance of the functions of his or her office, as they give him or her a role in the deliberations or decisions of the ASDMAC in relation to a particular matter, must not perform that role in relation to that matter unless: (a) he or she has disclosed that interest to each of the other ASDMAC members; and (b) each of those members has consented to the discloser performing that role in relation to that matter despite the possible conflict of interest. (2) An ASDMAC member, other than the ASDMAC Chair, who gives a consent under paragraph (1)(b) must, as soon as practicable, advise the ASDMAC Chair that he or she has given the consent. (3) If an interest is disclosed under subsection (1), the ASDMAC Chair must, as soon as practicable, give the Minister a written notice: (a) describing the interest and the matter; and (b) advising the Minister whether the ASDMAC members have consented as mentioned in paragraph (1)(b). Some types of interests that must be disclosed (4) Without limiting subsection (1), an ASDMAC member is taken to have an interest that could conflict with the proper performance of the functions of his or her office, as they give him or her a role in the deliberations or decisions of the ASDMAC in relation to a particular matter, if: (a) the member has a material personal interest in the matter; or (b) the matter concerns a particular sport and the member participates in, or is involved in any way in the administration of, that sport; or (c) the matter concerns a particular sporting administration body and the member is a member of, or is involved in any way in the administration of, that body; or (d) the matter concerns a particular sporting event or sporting venue and the member is involved in any way in the administration of that event or venue; or (e) the matter concerns an athlete who is subject to the NAD scheme, and the member is related to, or has some involvement in the affairs of, that athlete; or (f) the matter concerns a support person who is subject to the NAD scheme, and the member is related to, or has some involvement in the affairs of, that support person; or (fa) the matter concerns a non‑participant who is subject to the NAD scheme, and the member is related to, or has some involvement in the affairs of, that non‑participant; or (g) the matter concerns an individual tested under an anti‑doping testing service previously provided by the CEO under contract on behalf of the Commonwealth, and the member is related to, or has some involvement in the affairs of, that individual; or (h) the matter concerns an individual who could be tested under an anti‑doping testing service being provided by the CEO under contract on behalf of the Commonwealth, and the member is related to, or has some involvement in the affairs of, that individual. (5) Subsection (1) applies to interests: (a) whether direct or indirect, and whether or not pecuniary; and (b) whether acquired before or after the discloser’s appointment. (6) Subsection (4) applies to interests whether acquired before or after the discloser’s appointment. #### 60 Limits on activities of ASDMAC members (1) An ASDMAC member must not, without the prior written consent of the CEO, take part in any deliberations or decisions of a sporting administration body in relation to a matter relating to, or arising under, the NAD scheme. (2) An ASDMAC member must not, without the prior written consent of the CEO, provide: (a) information, advice or support to a person; or (b) evidence or information on behalf of a person; in connection with a matter (a NAD scheme matter) relating to, or arising under, the NAD scheme if the person has a matter before a sporting administration body, a court or a tribunal in respect of the NAD scheme matter. #### 61 Leave of absence (1) The Minister may grant the ASDMAC Chair leave of absence on the terms and conditions that the Minister determines. (2) The ASDMAC Chair may grant leave of absence to any other ASDMAC member on the terms and conditions that the ASDMAC Chair determines. #### 62 Resignation (1) An ASDMAC member may resign his or her appointment by giving the Minister a written resignation. (2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day. #### 63 Termination of appointment (1) The Minister may terminate the appointments of all of the ASDMAC members if the Minister is of the opinion that the ASDMAC’s performance has been unsatisfactory. (2) The Minister may terminate the appointment of an ASDMAC member for misbehaviour or physical or mental incapacity. (3) The Minister may terminate the appointment of an ASDMAC member if: (a) the member ceases to be a registered medical practitioner; or (b) the member: (i) becomes bankrupt; or (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or (iii) compounds with his or her creditors; or (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or (c) the member fails, without reasonable excuse, to comply with section 58, 59 or 60; or (d) the Minister is satisfied that the performance of the member has been unsatisfactory; or (e) the member is absent, except on leave of absence, from 3 consecutive meetings of the ASDMAC; or (f) the member commits an offence against section 67. #### 64 Other terms and conditions An ASDMAC member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister. ### Division 4—Decision‑making and delegation by ASDMAC #### 65 Decision‑making by ASDMAC (1) The regulations may specify: (a) the manner in which the ASDMAC is to perform its functions; and (b) the procedure to be followed at or in relation to meetings of the ASDMAC, including matters with respect to the following: (i) the convening of meetings of the ASDMAC; (ii) the number of ASDMAC members who are to constitute a quorum; (iii) the selection of an ASDMAC member to preside at meetings of the ASDMAC in the absence of the ASDMAC Chair; (iv) the manner in which questions arising at a meeting of the ASDMAC are to be decided. (1A) Regulations made for the purposes of paragraph (1)(b) may make different provision in relation to meetings of any or all of the following ASDMAC members: (a) the ASDMAC Chair; (b) ASDMAC primary members; (c) ASDMAC review members. (2) A resolution is taken to have been passed at a meeting of ASDMAC members (other than ASDMAC review members) if: (a) without meeting, a majority of those ASDMAC members indicate agreement with the resolution in accordance with the method determined by the ASDMAC under subsection (4); and (b) all those ASDMAC members were informed of the proposed resolution, or reasonable efforts had been made to inform all those ASDMAC members of the proposed resolution. (2A) A resolution is taken to have been passed at a meeting of ASDMAC review members if: (a) without meeting, a majority of the ASDMAC review members indicate agreement with the resolution in accordance with the method determined by the ASDMAC under subsection (4); and (b) all the ASDMAC review members were informed of the proposed resolution, or reasonable efforts had been made to inform all the ASDMAC review members of the proposed resolution. (3) Paragraph (2)(a) or (2A)(a) does not apply to an ASDMAC member who is prevented by section 59 from deliberating on the proposed resolution. (4) Subsection (2) or (2A) has effect only if the ASDMAC: (a) determines that that subsection has effect; and (b) determines the method by which the relevant ASDMAC members are to indicate agreement with resolutions. #### 66 Delegation by ASDMAC (1) The ASDMAC may, by resolution, delegate any or all of its functions and powers to an ASDMAC member. (2) A delegation under subsection (1) continues in force despite a change in the membership of the ASDMAC. (3) A delegate under subsection (1) must comply with any directions given, by resolution, by the ASDMAC. (4) Either: (a) a delegation under subsection (1); or (b) a direction under subsection (3); may be varied or revoked by resolution of the ASDMAC (whether or not there has been a change in the membership of the ASDMAC). (5) A certificate signed by the ASDMAC Chair stating any matter with respect to a delegation under subsection (1) is prima facie evidence of the matter. (6) A document purporting to be a certificate mentioned in subsection (5) is taken to be such a certificate and to have been duly given unless the contrary is established. ## Part 8—Information management #### 67A Simplified outline of this Part This Part contains provisions about the disclosure of protected information. Protected information is information that is obtained under or for the purposes of this Act or a legislative instrument made under this Act, and that relates to the affairs of a person and identifies, or is reasonably capable of being used to identify, the person. It is an offence for the CEO, a member of the Sport Integrity Australia staff or of the ASDMAC, or certain other persons, to disclose protected information (see section 67). However, it is not an offence if the disclosure is authorised by this Part or is in compliance with a requirement of certain other laws. This Part authorises the disclosure of protected information in certain circumstances, including: (a) if the disclosure is for the purposes of this Act; or (b) if the disclosure is for the purpose of preventing or lessening a serious threat to the life or health of an individual; or (c) if the disclosure is by the CEO for the purposes of Sport Integrity Australia responding to certain public comments. #### 67 Secrecy (1) A person commits an offence if: (a) the person is, or has been, an entrusted person; and (b) the person obtains protected information in the person’s capacity as an entrusted person; and (c) the person discloses the information to another person (other than the person to whom the information relates). Penalty: Imprisonment for 2 years. Exception (2) Subsection (1) does not apply if: (a) the disclosure is authorised by a provision of this Part; or (b) the disclosure is in compliance with a requirement under: (i) a law of the Commonwealth; or (ii) a prescribed law of a State or a Territory. > Note: A defendant bears an evidential burden in relation to a matter in subsection (2) (see subsection 13.3(3) of the Criminal Code). Court may not require information (3) Except where it is necessary to do so for the purposes of giving effect to this Act or a legislative instrument made under this Act, a person is not to be required: (a) to produce to a court or tribunal a document containing protected information; or (b) to disclose protected information to a court or tribunal. #### 68 Disclosure for the purposes of this Act etc. An entrusted person may disclose protected information if: (a) the disclosure is for the purposes of this Act or a legislative instrument made under this Act; or (b) the disclosure is required or permitted by the World Anti‑Doping Code; or (c) the disclosure is for the purposes of the performance of the functions or duties, or the exercise of the powers, of the CEO; or (e) the disclosure is for the purposes of the performance of the functions or duties, or the exercise of the powers, of the ASDMAC. #### 68A Disclosure with consent An entrusted person may disclose protected information if: (a) the person to whom the protected information relates has consented to the disclosure; and (b) the disclosure is in accordance with that consent. #### 68B Disclosures to certain bodies and persons Disclosures by authorised entrusted persons (1) An entrusted person authorised under subsection (4) may disclose protected information to a body or person referred to in subsection (3) if the CEO is satisfied that the protected information will enable or assist the body or person to perform or exercise any of the functions, duties or powers of the body or person. Disclosures by the CEO (2) The CEO may disclose protected information to a body or person referred to in subsection (3) in the circumstances prescribed by regulation in relation to the body or person. Bodies and persons (3) For the purposes of subsections (1) and (2), the bodies and persons are the following: (a) a Department, agency or authority of the Commonwealth, a State or a Territory; (b) the Australian Federal Police; (c) a police force or police service of a State or Territory; (d) a person who holds an office or appointment under a law of the Commonwealth, a State or a Territory; (e) a body that has responsibility for law enforcement in a foreign country; (f) a body that has responsibility for intelligence gathering for a foreign country; (fa) a sporting administration body; (g) any other body or person prescribed by regulation. Authorisation of entrusted persons (4) The CEO may, in writing, authorise an entrusted person for the purposes of subsection (1). Conditions (5) The CEO may, by writing, impose conditions to be complied with by a body or person in relation to protected information disclosed to the body or person under subsection (1) or (2). (6) An instrument under subsection (5) is not a legislative instrument. #### 68C Disclosure to reduce threat to life or health An entrusted person may disclose protected information if: (a) the entrusted person reasonably believes that the disclosure is necessary to prevent or lessen a serious threat to the life or health of an individual; and (b) the disclosure is for the purposes of preventing or lessening that threat. #### 68D Disclosure of publicly available information An entrusted person may disclose protected information if it has already been lawfully made available to the public. #### 68E Disclosure to respond to public comments The CEO may disclose protected information if: (a) the information relates to an athlete, support person or non‑participant; and (b) public comments have been attributed to or based on information provided by: (i) the athlete, support person or non‑participant; or (ii) a representative of the athlete, support person or non‑participant; and (c) the disclosure is for the purposes of Sport Integrity Australia responding to the comments. #### 69 Entrusted persons For the purposes of this Act, an entrusted person is: (a) the CEO; or (b) a member of the Sport Integrity Australia staff; or (ba) an Advisory Council member; or (c) a person engaged by the Commonwealth to perform services for the CEO or the ASDMAC; or (d) a designated associate of: (i) a person; or (ii) a partnership; engaged by the Commonwealth to perform services for the CEO or the ASDMAC; or (e) an individual whose services are made available to the CEO under section 24M; or (ea) a consultant engaged under section 24MA; or (f) an individual appointed as a chaperone, or as a drug testing official, under the NAD scheme; or (g) an ASDMAC member. > Note: For person, see subsection 2C(1) of the Acts Interpretation Act 1901. #### 70 Designated associates (1) For the purposes of this Act, each of the following is a designated associate of a person: (a) if the person is a body corporate—a director, officer or employee of the body corporate; (b) if the person is not a body corporate—an employee of the person. (2) For the purposes of this Act, each of the following is a designated associate of a partnership: (a) if a partner is an individual—the individual; (b) if a partner is a body corporate: (i) the body corporate; (ii) a director or officer of the body corporate; (c) an employee of the partnership. ## Part 8A—Civil penalty provisions #### 71 Simplified outline of this Part This Part applies the Regulatory Powers Act to enable the CEO to enforce civil penalty provisions. Orders may be sought from a court in relation to contraventions of such provisions. #### 72 Civil penalty provisions Enforceable civil penalty provisions (1) Each civil penalty provision of this Act is enforceable under Part 4 of the Regulatory Powers Act. > Note: Part 4 of the Regulatory Powers Act allows a civil penalty provision to be enforced by obtaining an order for a person to pay a pecuniary penalty for the contravention of the provision. Authorised applicant (2) For the purposes of Part 4 of the Regulatory Powers Act, the CEO, on behalf of the Commonwealth, is an authorised applicant in relation to the civil penalty provisions of this Act. Relevant court (3) For the purposes of Part 4 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the civil penalty provisions of this Act: (a) the Federal Court of Australia; (b) the Federal Circuit and Family Court of Australia (Division 2); (c) a court of a State or Territory that has jurisdiction in relation to matters arising under this Act. Extension to external Territories (4) Part 4 of the Regulatory Powers Act, as that Part applies in relation to the civil penalty provisions of this Act, extends to every external Territory. ## Part 8B—Infringement notices #### 73A Simplified outline of this Part This Part applies the Regulatory Powers Act to enable the CEO to issue an infringement notice in relation to the alleged contravention of a civil penalty provision. #### 73B Infringement notices Provisions subject to an infringement notice (1) A civil penalty provision of this Act is subject to an infringement notice under Part 5 of the Regulatory Powers Act. > Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions. Infringement officer (2) For the purposes of Part 5 of the Regulatory Powers Act, each of the following persons is an infringement officer in relation to the provisions mentioned in subsection (1): (a) the CEO; (b) a person authorised by the CEO for the purposes of this paragraph. Relevant chief executive (3) For the purposes of Part 5 of the Regulatory Powers Act, the CEO is the relevant chief executive in relation to the provisions mentioned in subsection (1). (4) The CEO may, in writing, delegate the CEO’s powers and functions under Part 5 of the Regulatory Powers Act as the relevant chief executive in relation to the provisions mentioned in subsection (1) to: (a) a member of the Sport Integrity Australia staff; or (b) an individual whose services are made available to the CEO under section 24M. (5) A delegate must comply with any written directions of the CEO. Extension to external Territories (6) Part 5 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), extends to every external Territory. ## Part 9—Other matters #### 74AA Simplified outline of this Part This Part deals with miscellaneous matters, such as reports and regulations. #### 74 Annual report (1) The annual report prepared by the CEO and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must set out the following: (a) the number of disclosure notices given in the period; (b) the number of proceedings for contraventions of section 13C (failure to comply with disclosure notice) that were commenced or concluded in the period; (c) the number of proceedings concluded in the period in which a person was ordered to pay a civil penalty for contravening section 13C of this Act. #### 75 CEO may request information or documents (1) The CEO may request information or documents from any person or body about matters relating to sports integrity. (2) If the CEO requests personal information about an individual, the giving of the information by the person to whom the request is made, and the collection of the information, is taken to be authorised by this Act for the purposes of the Privacy Act 1988. #### 78 Protection from civil actions (1) Each of the following: (a) the CEO; (b) a member of the Sport Integrity Australia staff; (c) an individual whose services are made available to the CEO under section 24M; (ca) a consultant engaged under section 24MA; (d) an individual appointed as a chaperone, or as a drug testing official, under the NAD scheme; is not liable to an action or other proceeding for damages for or in relation to an act done or omitted to be done in good faith: (e) in the performance or purported performance of any function of the CEO; or (f) in the exercise or purported exercise of any power of the CEO. (1A) An Advisory Council member is not liable to an action or other proceeding for damages for or in relation to an act done or omitted to be done in good faith in the performance or purported performance of any function of the Advisory Council. (2) An ASDMAC member is not liable to an action or other proceeding for damages for or in relation to an act done or omitted to be done in good faith: (a) in the performance or purported performance of any function of the ASDMAC; or (b) in the exercise or purported exercise of any power of the ASDMAC. (3) Civil proceedings do not lie against the Commonwealth in respect of loss, damage or injury of any kind suffered by another person because of a publication or disclosure in good faith: (a) in the performance or purported performance of any function of the CEO; or (b) in the exercise or purported exercise of any power of the CEO. (4) Civil proceedings do not lie against a person in respect of loss, damage or injury of any kind suffered by another person because of any of the following acts done in good faith: (a) the making of a statement to, or the giving of a document or information to, Sport Integrity Australia, the CEO or the ASDMAC alleging a possible violation of an anti‑doping rule; (b) the making of a statement to, or the giving of a document or information to, Sport Integrity Australia, the CEO or the ASDMAC in connection with an investigation under the NAD scheme; (c) the making of a statement to, or the giving of a document or information to, Sport Integrity Australia, the CEO or the ASDMAC that may be capable of supporting an allegation of a possible violation of an anti‑doping rule; (d) the making of a statement to, or the giving of a document or information to, Sport Integrity Australia or the CEO in connection with the performance by the CEO of any of his or her functions under the NAD scheme; (e) the making of a statement to, or the giving of a document or information to, the ASDMAC in connection with the performance by the ASDMAC of any of its functions under the NAD scheme. (5) A national sporting organisation of Australia, or a person performing work or services for the organisation, is not liable to an action or other proceeding for damages for or in relation to an act done or omitted to be done in good faith in implementing or enforcing the organisation’s anti‑doping policy. #### 79 Regulations The Governor‑General may make regulations prescribing matters: (a) required or permitted by this Act to be prescribed; or (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.