Part 1
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Commonwealth legislation
These regulations establish Australia’s National Anti‑Doping (NAD) scheme. They give the CEO powers to test and seize samples, appoint testing/investigative officers, run results management, issue disclosure notices, and operate a Therapeutic Use Exemption committee (ASDMAC). They define who is covered — athletes, support persons, non‑participants and sporting administration bodies — and set procedures and timelines for investigations, assertions and publications. Who decides and who pays: the CEO directs testing and investigations; the CEO funds statutory clearances for appointed officers and may offer travel expenses and charge cost‑related fees (see cl.3.01; 3.18; 6.03).
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Direct links to the current provisions in Sport Integrity Australia Regulations 2020.
These Regulations are the Sport Integrity Australia Regulations 2020.
In these Regulations:
Act means the Sport Integrity Australia Act 2020.
ASDMAC review function has the meaning given by subregulation 6(5).
For section 9 of the Act, the NAD scheme is prescribed in Schedule 1.
For the definition of relevant international anti‑doping instrument in section 4 of the Act, the international anti‑doping instruments mentioned in Schedule 2 are prescribed.
For subsection 68B(2) of the Act, a circumstance in which the CEO may disclose protected information is that the CEO is satisfied that the protected information will enable or assist a body or person referred to in subsection 68B(3) of the Act to perform or exercise any of its functions, duties or powers.
Functions other than ASDMAC review functions (1) A function of the ASDMAC (other than an ASDMAC review function) may only be performed by the ASDMAC at a meeting of ASDMAC members other than ASDMAC review members.
Note: See subsection 65(2) of the Act for when a resolution is taken to have been passed at a meeting of ASDMAC members (other than ASDMAC review members).
(2) A function of the ASDMAC (other than an ASDMAC review function) may only be performed under a delegation under section 66 of the Act if: (a) the delegation was made by the ASDMAC at a meeting of ASDMAC members other than ASDMAC review members; and (b) the delegate complies with any direction given by the ASDMAC at such a meeting (subject to any variation or revocation of the direction by the ASDMAC at such a meeting). ASDMAC review functions (3) An ASDMAC review function may only be performed by the ASDMAC at a meeting of ASDMAC review members.
Note: See subsection 65(2A) of the Act for when a resolution is taken to have been passed at a meeting of ASDMAC review members.
(4) An ASDMAC review function may only be performed under a delegation under section 66 of the Act if: (a) the delegation was made by the ASDMAC at a meeting of ASDMAC review members; and (b) the delegate complies with any direction given by the ASDMAC at such a meeting (subject to any variation or revocation of the direction by the ASDMAC at such a meeting). (5) In these Regulations:
ASDMAC review function means:
(a) a function of the ASDMAC under subclause 5.01(2), (2B), (2C) or (2D) of Schedule 1 (review of decisions relating to therapeutic use exemptions); and
(b) a function of the ASDMAC under subclause 5.01(7) of Schedule 1 (consultation with CEO) to the extent that the function relates to a function mentioned in paragraph (a) of this definition; and
(c) a function of the ASDMAC under subclause 5.01(8) of Schedule 1 (ASDMAC participation in review or appeal of ASDMAC decisions) to the extent that the function relates to a decision made by the ASDMAC at a meeting of ASDMAC review members.
(1) The ASDMAC Chair must convene as many meetings as are necessary for the efficient performance of the ASDMAC’s functions. (2) The Minister, the CEO or at least 2 ASDMAC primary members may request the ASDMAC Chair to convene a meeting of the ASDMAC for the purpose of performing a function of the ASDMAC (other than an ASDMAC review function). (3) The Minister, the CEO or at least 2 ASDMAC review members may request the ASDMAC Chair to convene a meeting of the ASDMAC for the purpose of performing an ASDMAC review function. (4) A request under subregulation (2) or (3) must be in writing, except for a request by the CEO which may be made orally. (5) The ASDMAC Chair must comply with a request under subregulation (2) or (3) as soon as practicable.
(1) The quorum for a meeting of the ASDMAC for the purpose of performing a function other than an ASDMAC review function is 3 ASDMAC members (other than ASDMAC review members). (2) The quorum for a meeting of the ASDMAC for the purpose of performing an ASDMAC review function is 2 ASDMAC review members.
(1) If the ASDMAC Chair is to be absent from a meeting of ASDMAC members (other than ASDMAC review members), the ASDMAC Chair may nominate an ASDMAC primary member to chair the meeting. (2) The ASDMAC Chair may, when convening a meeting of ASDMAC review members, nominate one of those members to chair the meeting. (3) If the ASDMAC Chair does not make a nomination under subregulation (1) or (2), the ASDMAC members present at the meeting must elect one of their number to chair the meeting.
(1) Each ASDMAC member present and voting at a meeting of the ASDMAC (including the member chairing the meeting) has a single vote. (2) Each question arising at a meeting of the ASDMAC must be decided by a majority of the votes of the ASDMAC members present and voting. (3) If the votes on a question to be decided are equal, the ASDMAC member chairing the meeting may decide the question.
Note: Section 33B of the Acts Interpretation Act 1901 provides for meetings by telephone etc.
(4) However, if: (a) the question to be decided is whether to affirm or set aside a decision (the original decision) under subclause 5.01(2B) of Schedule 1 (review of therapeutic use exemption decisions); and (b) the votes on the question are equal; the ASDMAC review members present at the meeting are taken to have affirmed the original decision.
Subject to this Part, the ASDMAC may conduct its meetings as it considers appropriate.
The ASDMAC must keep minutes of its meetings and records of any resolutions taken to have been passed at its meetings.
For subparagraph 54(2)(b)(iv) of the Act, the field of a person with a knowledge of sport and experience in the medical management of athletes is specified.
Information, documents or things disclosed to the Australian Customs Service under subclause 4.21(2) of Schedule 1 before 1 July 2015 are taken on and after that day to have been information, documents or things disclosed to the Department administered by the Minister administering Part XII of the Customs Act 1901.
The definition of authorised person in regulation 1A, and Part 5, as in force immediately before the commencement of this regulation, continue to apply on and after that commencement in relation to alleged contraventions of civil penalty provisions of the Act occurring before the commencement of Schedule 2 to the Regulatory Powers (Standardisation Reform) Act 2017.
This instrument establishes the NAD scheme for section 9 of the Act, which is a scheme about the following matters: (1) the implementation of the General Anti‑Doping Convention; (2) the implementation of the UNESCO Anti‑Doping Convention, in particular Article 3(a) which obliges States Parties to adopt appropriate measures consistent with the principles of the World Anti‑Doping Code; (3) ancillary or incidental matters.
(1) Without limiting the functions conferred on the CEO by specific provisions of the Act and any other provision of the NAD scheme, the CEO is authorised to exercise the following powers and functions: (a) planning, implementing, evaluating and monitoring education and information programs for doping‑free sport for all participants and non‑participants;
Note: This is in addition to the function conferred by paragraph 21(1)(f) of the Act.
(b) encouraging and promoting research relevant to sports drug and safety matters, including research of a kind referred to in Article 19.2 of the World Anti‑Doping Code;
Note: This is in addition to the function conferred by paragraph 21(1)(g) of the Act.
(c) having the role and responsibility of a National Anti‑Doping Organisation for Australia under the UNESCO Anti‑Doping Convention and the World Anti‑Doping Code, including performance of functions internationally that relate to that role and responsibility;
(d) providing services relating to sports drug and safety matters to a sporting administration body in accordance with contractual arrangements with the body on behalf of the Commonwealth;
Note: This is in addition to the function conferred by paragraph 21(1)(k) of the Act.
(e) undertaking results management for a sporting administration body regardless of whether or not the CEO has conducted the sample collection;
(f) delegating results management responsibilities to anti‑doping organisations in accordance with the World Anti‑Doping Code;
(g) functions about performance of activities relating to sports doping and safety matters referred to Sport Integrity Australia or the CEO by a sporting administration body.
(2) Anything done by the CEO under a contractual arrangement in performance of a function mentioned in subclause (1) is taken to be done under the NAD scheme. (3) Anything done by the CEO in performance of a function mentioned in subclause (1) is taken to be done under the NAD scheme even if it could have been done under the Act.
(1) Without limiting the functions conferred on the CEO by specific provisions of the Act and any other provision of the NAD scheme, the CEO is authorised to notify athletes, support persons, non‑participants and sporting administration bodies of assertions made by the CEO, in accordance with clauses 4.08 and 4.17.
Note: See paragraph 13(1)(j) of the Act.
(2) The CEO is also authorised to provide recommendations to sporting administration bodies as to the consequences of those assertions.
Note: See paragraph 13(1)(ja) of the Act.
(3) The CEO is also authorised to present: (a) assertions; and (b) recommendations by the CEO in relation to assertions; and (c) additional information; at hearings of the Court of Arbitration for Sport and other sporting tribunals in accordance with clause 4.13.
Note: See paragraph 13(1)(k) of the Act.
Exercise of powers in relation to requests from sporting administration bodies (1) The CEO is authorised to exercise powers under the NAD scheme in order to cooperate with a request from a sporting administration body if the request is reasonably necessary to enforce or give effect to the World Anti‑Doping Code and other relevant international anti‑doping instruments. Exercise of powers in relation to requests to sporting administration bodies (2) The CEO is authorised to use information about an athlete, support person or non‑participant that was given to Sport Integrity Australia or is given to the CEO by a sporting administration body as if it were information that was obtained by an investigation by the CEO under the NAD scheme if the CEO requested the sporting administration body to provide, or obtain and provide, the information.
Note: Regulation 4 prescribes additional relevant international anti‑doping instruments for the Act.
In exercising powers for the NAD scheme and making recommendations, the CEO must have regard to: (a) the World Anti‑Doping Code (including the comments annotating various provisions of the World Anti‑Doping Code); and (b) other relevant international anti‑doping instruments.
Note: Regulation 4 prescribes additional relevant international anti‑doping instruments for the Act.
Note 1: A number of expressions used in the NAD scheme are defined in the Act, including the following:
(a) anti‑doping rule violation;
(b) athlete;
(ba) non‑participant;
(c) support person.
Note 2: In accordance with the definition of World Anti‑Doping Code in section 4 of the Act, a reference to the World Anti‑Doping Code is a reference to the World Anti‑Doping Code as in force from time to time.
In the NAD scheme:
Act means the Sport Integrity Australia Act 2020.
administration, in relation to a prohibited substance or prohibited method, has the meaning given by subclause 2.01H(2).
adverse analytical finding means a report from a recognised laboratory that, consistent with the International Standard for Laboratories, establishes in a sample the presence of a prohibited substance or its metabolites or markers or evidence of the use of a prohibited method.
anti‑doping organisation means WADA or a signatory to the World Anti‑Doping Code that is responsible for adopting rules for initiating, implementing or enforcing part of the doping control process, including:
(a) the International Olympic Committee; and
(b) the International Paralympic Committee; and
(c) major event organisations that conduct testing at their events; and
(e) International Sporting Federations; and
(f) national anti‑doping organisations; and
(g) regional anti‑doping organisations.
anti‑doping purpose has the meaning given by clause 3.12.
anti‑doping rules means the anti‑doping rules contained in Division 2.1.
A sample means the following:
(a) a sample given by an athlete that is contained within a bottle or container labelled ‘A’ or ‘Part 1’ in a sample collection kit;
(b) if a sample given by an athlete is split into 2 parts as mentioned in Article 6.7 of the World Anti‑Doping Code—the part that is contained within a bottle or container labelled ‘A’ or ‘Part 1’ in a sample collection kit.
assertion means an assertion made by the CEO under subclause 4.08(2).
attempt, for an anti‑doping rule violation, means purposely engaging in conduct that constitutes a substantial step in a course of conduct planned to culminate in the commission of an anti‑doping rule violation; however, there will be no anti‑doping rule violation based solely on an attempt to commit a violation if the person renounces the attempt before it is discovered by a third party not involved in the attempt.
atypical finding means a report from a recognised laboratory that requires further investigation as provided by the International Standard for Laboratories or related technical documents before the determination of an adverse analytical finding.
blood collection official means a person approved by the CEO as a blood collection official under clause 3.04.
B sample means the following:
(a) a sample given by an athlete that is contained within a bottle or container labelled ‘B’ or ‘Part 2’ in a sample collection kit;
(b) if a sample given by an athlete is split into 2 parts as mentioned in Article 6.7 of the World Anti‑Doping Code—the part that is contained within a bottle or container labelled ‘B’ or ‘Part 2’ in a sample collection kit.
CAS means the Court of Arbitration for Sport.
chaperone means:
(a) a person appointed by the CEO to be a chaperone under clause 3.02; or
(b) a doping control officer.
Note: A doping control officer is taken to be a chaperone: see subclause 3.02(2).
competition means a single race, match, game or singular sport contest.
Note: Example: A basketball game or the finals of the Olympic 100 metre race in athletics.
Note: For stage races and other sport contests in which prizes are awarded on a daily or other interim basis the distinction between a competition and an event will be as provided in the rules of the applicable International Sporting Federation.
consequences of anti‑doping rule violations has the same meaning as in the World Anti‑Doping Code.
decision limit has the same meaning as in the World Anti‑Doping Code.
disqualification means invalidation of an athlete’s results in a particular competition or event, with all resulting penalties including forfeiture of medals, points and prizes.
domestic testing pool means the pool of athletes designated as such by the CEO, who are neither in the CEO’s registered testing pool nor the CEO’s national testing pool and who are subject to testing both in‑competition and out‑of‑competition as part of the CEO’s test distribution plan.
doping control has the same meaning as in the World Anti‑Doping Code.
doping control officer means a person appointed by the CEO to be a doping control officer under clause 3.01.
event means a series of individual competitions conducted together under 1 ruling body (eg, the Olympic Games or Commonwealth Games).
government agency means:
(a) a government sports agency; or
(b) any other department or authority of the Commonwealth, a State or Territory through which funding or other support is provided for a sporting activity.
government sports agency means Sport Integrity Australia, the ASC, the Department and any other academy or institute of sport or similar body established by the Commonwealth, a State or a Territory.
in‑competition has the same meaning as in the World Anti‑Doping Code.
international event means an event or competition for which the International Olympic Committee, the International Paralympic Committee, an International Sporting Federation, a major event organisation, or another international sporting organisation is the ruling body for the event or competition or appoints the technical officials for the event or competition.
international‑level athlete has the same meaning as in the World Anti‑Doping Code.
International Standard for Laboratories means the International Standard for Laboratories adopted by the WADA, as amended from time to time, including technical documents issued under that standard.
International Standard for Results Management means the International Standard for Results Management adopted by the WADA, as amended from time to time, including technical documents issued under that standard.
International Standard for Testing and Investigations means the International Standard for Testing and Investigations adopted by the WADA, as amended from time to time, including technical documents issued under that standard.
International Standard for Therapeutic Use Exemptions means the International Standard for Therapeutic Use Exemptions adopted by the WADA, as amended from time to time, including technical documents issued under that standard.
investigator means a person appointed as an investigator by the CEO under clause 3.03.
law enforcement body means an agency responsible for the performance of functions or activities directed to:
(a) the prevention, detection, investigation, prosecution or punishment of criminal offences or breaches of a law imposing a penalty or sanction for a breach; or
(b) the management of property seized or restrained under laws relating to the confiscation of the proceeds of crime or the enforcement of such law, or of orders made under such laws.
major event organisation means a continental association of National Olympic Committees or other multi‑sport organisation that functions as the ruling body for a continental, regional or other international event.
marker means a compound, group of compounds or biological variable that indicates the use of a prohibited substance or a prohibited method.
metabolite means a substance produced by a biotransformation process.
minor means a natural person who has not reached the age of 18 years.
national anti‑doping organisation means the entity designated within each country as possessing the primary authority and responsibility to adopt and implement anti‑doping rules, direct the collection of samples, manage test results and conduct results management, all at the national level. If this designation has not been made by the competent public authority, the entity is the country’s national Olympic committee or its designee. The national anti‑doping organisation for Australia is Sport Integrity Australia.
national event means a sport event or competition involving international‑level or national‑level athletes that is not an international event.
national‑level athlete means an athlete in the CEO’s registered testing pool, CEO’s national testing pool or CEO’s domestic testing pool or an athlete who participates in or prepares for a sporting event or sporting competition declared under subclause 1.05A(1) and published on Sport Integrity Australia’s website under subclause 1.05A(3).
national Olympic committee, for a country, means the organisation recognised as such by the International Olympic Committee. The national Olympic committee for Australia is the Australian Olympic Committee.
national testing pool means the pool of athletes designated as such by the CEO, who are neither in the CEO’s registered testing pool nor the CEO’s domestic testing pool and who are subject to testing both in‑competition and out‑of‑competition as part of the CEO’s test distribution plan.
Note: Athletes in the CEO’s national testing pool may be asked for whereabouts information (see clause 3.09).
non‑presence anti‑doping rule violation means an anti‑doping rule violation, other than an anti‑doping rule violation provided for by clause 2.01A (which relates to the presence of a prohibited substance or its metabolites or markers in an athlete’s sample).
out‑of‑competition: something occurs out‑of‑competition if it does not occur in‑competition.
participant means an athlete or support person.
personal interest, for the collection or outcome of the testing of a sample, has the meaning given by clause 1.08.
possession, in relation to a prohibited substance or prohibited method, has the meaning given by subclause 2.01F(3).
prohibited list means the list identifying prohibited substances and prohibited methods published by WADA, as in force from time to time.
prohibited method means a method so described on the prohibited list.
prohibited substance means a substance so described, or a substance in a class of substances so described, on the prohibited list.
publicly disclose means to disseminate or distribute information to the general public or persons beyond those persons entitled to earlier notification in accordance with the NAD scheme or a sporting organisation’s anti‑doping policy.
regional anti‑doping organisation means a regional entity designated by member countries to coordinate and manage delegated areas of their national anti‑doping programs, which may include any or all of the following:
(a) the adoption and implementation of anti‑doping rules;
(b) the planning and collection of samples;
(c) the management of results;
(d) the review of therapeutic use exemptions;
(e) the conduct of hearings;
(f) the conduct of educational programs at a regional level.
registered testing pool means the pool of highest priority athletes for testing, established separately at the international level by International Sporting Federations, and at the national level by national anti‑doping organisations or regional anti‑doping organisations, who are subject to focused in‑competition and out‑of‑competition testing as part of the test distribution plan of an International Sporting Federation, or a national anti‑doping organisation or regional anti‑doping organisation.
Note: Athletes in the CEO’s registered testing pool may be asked for whereabouts information (see clause 3.09). A failure to provide such information may involve a possible anti‑doping rule violation under clause 2.01D.
relevant sporting administration body:
(a) for an athlete—means a sporting administration body for the sport in which the athlete is competing or has at any time in the last 6 months competed; or
(b) for a support person—means a sporting administration body for the sport in which the support person is participating; or
(c) for a non‑participant—means a sporting administration body for which the non‑participant is bound by the body’s anti‑doping policy.
representative, for an athlete, means:
(a) a person chosen by the athlete to accompany the athlete to the extent permissible under the International Standard for Testing and Investigations, while a sample is collected from the athlete (the collection process); or
(b) an interpreter chosen by the athlete to help the athlete during the collection process.
response period, for a notice given to a participant or non‑participant by the CEO under Part 4 of this Schedule, means:
(a) the period of 10 days after the participant or non‑participant receives the notice; or
(b) if the CEO considers that a shorter period is reasonably necessary due to the circumstances (for example, because of a forthcoming international event or national event)—a shorter period specified in the notice; or
(c) a longer period notified by the CEO in writing to the participant or non‑participant.
results management has the same meaning as in the World Anti‑Doping Code.
sporting tribunal means CAS, the National Sports Tribunal or a body approved by the CEO that convenes from time to time to hear allegations of anti‑doping rule violations against athletes, support persons, non‑participants and other persons in order to:
(a) determine whether an anti‑doping rule violation has occurred; and
(b) determine appropriate sanctions where an anti‑doping rule violation is found to have been committed; or
(c) hear appeals.
Sport Integrity Australia representative means:
(a) a blood collection official; or
(b) a chaperone; or
(c) a doping control officer; or
(d) an investigator.
tampering has the same meaning as in the World Anti‑Doping Code.
technical document has the same meaning as in the World Anti‑Doping Code.
testing means the parts of the doping control process involving test distribution planning, sample collection, sample handling and sample transport to the laboratory.
therapeutic use exemption means an exemption (however described) granted to an athlete by a TUE committee, in accordance with the World Anti‑Doping Code and the International Standard for Therapeutic Use Exemptions, that allows an athlete with a medical condition to use a prohibited substance or a prohibited method, but only if the conditions set out in Article 4.4 of the World Anti‑Doping Code and in the International Standard for Therapeutic Use Exemptions are met.
trafficking, in relation to a prohibited substance or prohibited method, has the meaning given by subclause 2.01G(2).
TUE committee means a therapeutic use exemptions committee established by an anti‑doping organisation and constituted in accordance with the International Standard for Therapeutic Use Exemptions, including ASDMAC within Australia.
use, in relation to a prohibited substance or prohibited method, has the meaning given by subclause 2.01B(4).
whereabouts information has the meaning given by subclauses 3.09(1) and (1A).
(1) The CEO may, in writing, declare a sporting event or sporting competition for the purposes of the definition of national‑level athlete in clause 1.05.
Note: For specification by class, see subsection 33(3AB) of the Acts Interpretation Act 1901.
(2) The CEO may do so only if the CEO is satisfied that: (a) the sporting event or sporting competition is administered, approved or sanctioned by a national sporting organisation; or (b) the sporting event or sporting competition is conducted by another body or person at the national level. (3) The CEO must publish the declaration on Sport Integrity Australia’s website.
(1) 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 if the sport has an anti‑doping policy.
Note: A person who competes in sport or who has at any time in the last 6 months competed in sport and who is subject to the NAD scheme is an athlete (see section 4 of the Act).
(1A) The anti‑doping rules apply to all athletes. (2) The following classes of athletes may be tested by the CEO under the NAD scheme: (a) athletes in the CEO’s registered testing pool; (aa) athletes in the CEO’s national testing pool; (b) athletes in the CEO’s domestic testing pool; (c) international‑level athletes; (d) athletes who compete in international events or who have at any time in the last 6 months competed in international events; (e) athletes who compete in national events or who have at any time in the last 6 months competed in national events; (f) athletes for whom the CEO is required or permitted to test under a contract or an anti‑doping arrangement; (g) athletes in the registered testing pool of an International Sporting Federation, or a national anti‑doping organisation or regional anti‑doping organisation; (h) athletes who are present in Australia at the time of the testing; (i) athletes serving a period of ineligibility.
(1) Support persons involved in a sport with an anti‑doping policy are subject to the NAD scheme. (2) Anti‑doping rules 2.01E, 2.01F, 2.01G, 2.01H, 2.01J, 2.01K and 2.01L apply to all support persons subject to the NAD scheme.
(1) All non‑participants are subject to the NAD scheme. (2) Anti‑doping rules 2.01E, 2.01G, 2.01H, 2.01J, 2.01K and 2.01L apply to all non‑participants.
(1) For the NAD scheme, if 1 of the circumstances mentioned in subclause (2) exists for a person, the person is taken to have a personal interest in: (a) the collection or outcome of the testing of a sample of an athlete; or (b) the investigation of an anti‑doping rule violation; or (c) the compliance by a sporting administration body with the sporting administration body rules; or (d) any other matter relating to the NAD scheme. (2) The circumstances are that: (a) the person has a direct or indirect pecuniary interest in: (i) the outcome of the testing of the sample; or (ii) the other matter; or (b) the person participates, or is involved, in the administration of a sport in which the athlete competes or has at any time in the last 6 months competed; or (c) the person is a member of, or is involved in the administration of, a sporting organisation of which the athlete is a member; or (d) a sample of an athlete was collected, or is to be collected, at, or for, a particular sporting event or sporting venue, and the person is involved in the administration of that event or venue (otherwise than for the purposes of the NAD scheme); or (e) the person is related to, or has some involvement in the affairs of, the athlete.
Note: Provisions of the Public Service Act 1999 and the Act also relate to conflict of interest with respect to the CEO, Sport Integrity Australia representatives and Sport Integrity Australia staff. Nothing in the NAD scheme limits the operation of those provisions.
Schedule 1—The NAD scheme
(regulation 3)
This instrument establishes the NAD scheme for section 9 of the Act, which is a scheme about the following matters: (1) the implementation of the General Anti‑Doping Convention; (2) the implementation of the UNESCO Anti‑Doping Convention, in particular Article 3(a) which obliges States Parties to adopt appropriate measures consistent with the principles of the World Anti‑Doping Code; (3) ancillary or incidental matters.
(1) Without limiting the functions conferred on the CEO by specific provisions of the Act and any other provision of the NAD scheme, the CEO is authorised to exercise the following powers and functions: (a) planning, implementing, evaluating and monitoring education and information programs for doping‑free sport for all participants and non‑participants;
Note: This is in addition to the function conferred by paragraph 21(1)(f) of the Act.
(b) encouraging and promoting research relevant to sports drug and safety matters, including research of a kind referred to in Article 19.2 of the World Anti‑Doping Code;
Note: This is in addition to the function conferred by paragraph 21(1)(g) of the Act.
(c) having the role and responsibility of a National Anti‑Doping Organisation for Australia under the UNESCO Anti‑Doping Convention and the World Anti‑Doping Code, including performance of functions internationally that relate to that role and responsibility;
(d) providing services relating to sports drug and safety matters to a sporting administration body in accordance with contractual arrangements with the body on behalf of the Commonwealth;
Note: This is in addition to the function conferred by paragraph 21(1)(k) of the Act.
(e) undertaking results management for a sporting administration body regardless of whether or not the CEO has conducted the sample collection;
(f) delegating results management responsibilities to anti‑doping organisations in accordance with the World Anti‑Doping Code;
(g) functions about performance of activities relating to sports doping and safety matters referred to Sport Integrity Australia or the CEO by a sporting administration body.
(2) Anything done by the CEO under a contractual arrangement in performance of a function mentioned in subclause (1) is taken to be done under the NAD scheme. (3) Anything done by the CEO in performance of a function mentioned in subclause (1) is taken to be done under the NAD scheme even if it could have been done under the Act.
(1) Without limiting the functions conferred on the CEO by specific provisions of the Act and any other provision of the NAD scheme, the CEO is authorised to notify athletes, support persons, non‑participants and sporting administration bodies of assertions made by the CEO, in accordance with clauses 4.08 and 4.17.
Note: See paragraph 13(1)(j) of the Act.
(2) The CEO is also authorised to provide recommendations to sporting administration bodies as to the consequences of those assertions.
Note: See paragraph 13(1)(ja) of the Act.
(3) The CEO is also authorised to present: (a) assertions; and (b) recommendations by the CEO in relation to assertions; and (c) additional information; at hearings of the Court of Arbitration for Sport and other sporting tribunals in accordance with clause 4.13.
Note: See paragraph 13(1)(k) of the Act.
Exercise of powers in relation to requests from sporting administration bodies (1) The CEO is authorised to exercise powers under the NAD scheme in order to cooperate with a request from a sporting administration body if the request is reasonably necessary to enforce or give effect to the World Anti‑Doping Code and other relevant international anti‑doping instruments. Exercise of powers in relation to requests to sporting administration bodies (2) The CEO is authorised to use information about an athlete, support person or non‑participant that was given to Sport Integrity Australia or is given to the CEO by a sporting administration body as if it were information that was obtained by an investigation by the CEO under the NAD scheme if the CEO requested the sporting administration body to provide, or obtain and provide, the information.
Note: Regulation 4 prescribes additional relevant international anti‑doping instruments for the Act.
In exercising powers for the NAD scheme and making recommendations, the CEO must have regard to: (a) the World Anti‑Doping Code (including the comments annotating various provisions of the World Anti‑Doping Code); and (b) other relevant international anti‑doping instruments.
Note: Regulation 4 prescribes additional relevant international anti‑doping instruments for the Act.
Note 1: A number of expressions used in the NAD scheme are defined in the Act, including the following:
(a) anti‑doping rule violation;
(b) athlete;
(ba) non‑participant;
(c) support person.
Note 2: In accordance with the definition of World Anti‑Doping Code in section 4 of the Act, a reference to the World Anti‑Doping Code is a reference to the World Anti‑Doping Code as in force from time to time.
In the NAD scheme:
Act means the Sport Integrity Australia Act 2020.
administration, in relation to a prohibited substance or prohibited method, has the meaning given by subclause 2.01H(2).
adverse analytical finding means a report from a recognised laboratory that, consistent with the International Standard for Laboratories, establishes in a sample the presence of a prohibited substance or its metabolites or markers or evidence of the use of a prohibited method.
anti‑doping organisation means WADA or a signatory to the World Anti‑Doping Code that is responsible for adopting rules for initiating, implementing or enforcing part of the doping control process, including:
(a) the International Olympic Committee; and
(b) the International Paralympic Committee; and
(c) major event organisations that conduct testing at their events; and
(e) International Sporting Federations; and
(f) national anti‑doping organisations; and
(g) regional anti‑doping organisations.
anti‑doping purpose has the meaning given by clause 3.12.
anti‑doping rules means the anti‑doping rules contained in Division 2.1.
A sample means the following:
(a) a sample given by an athlete that is contained within a bottle or container labelled ‘A’ or ‘Part 1’ in a sample collection kit;
(b) if a sample given by an athlete is split into 2 parts as mentioned in Article 6.7 of the World Anti‑Doping Code—the part that is contained within a bottle or container labelled ‘A’ or ‘Part 1’ in a sample collection kit.
assertion means an assertion made by the CEO under subclause 4.08(2).
attempt, for an anti‑doping rule violation, means purposely engaging in conduct that constitutes a substantial step in a course of conduct planned to culminate in the commission of an anti‑doping rule violation; however, there will be no anti‑doping rule violation based solely on an attempt to commit a violation if the person renounces the attempt before it is discovered by a third party not involved in the attempt.
atypical finding means a report from a recognised laboratory that requires further investigation as provided by the International Standard for Laboratories or related technical documents before the determination of an adverse analytical finding.
blood collection official means a person approved by the CEO as a blood collection official under clause 3.04.
B sample means the following:
(a) a sample given by an athlete that is contained within a bottle or container labelled ‘B’ or ‘Part 2’ in a sample collection kit;
(b) if a sample given by an athlete is split into 2 parts as mentioned in Article 6.7 of the World Anti‑Doping Code—the part that is contained within a bottle or container labelled ‘B’ or ‘Part 2’ in a sample collection kit.
CAS means the Court of Arbitration for Sport.
chaperone means:
(a) a person appointed by the CEO to be a chaperone under clause 3.02; or
(b) a doping control officer.
Note: A doping control officer is taken to be a chaperone: see subclause 3.02(2).
competition means a single race, match, game or singular sport contest.
Note: Example: A basketball game or the finals of the Olympic 100 metre race in athletics.
Note: For stage races and other sport contests in which prizes are awarded on a daily or other interim basis the distinction between a competition and an event will be as provided in the rules of the applicable International Sporting Federation.
consequences of anti‑doping rule violations has the same meaning as in the World Anti‑Doping Code.
decision limit has the same meaning as in the World Anti‑Doping Code.
disqualification means invalidation of an athlete’s results in a particular competition or event, with all resulting penalties including forfeiture of medals, points and prizes.
domestic testing pool means the pool of athletes designated as such by the CEO, who are neither in the CEO’s registered testing pool nor the CEO’s national testing pool and who are subject to testing both in‑competition and out‑of‑competition as part of the CEO’s test distribution plan.
doping control has the same meaning as in the World Anti‑Doping Code.
doping control officer means a person appointed by the CEO to be a doping control officer under clause 3.01.
event means a series of individual competitions conducted together under 1 ruling body (eg, the Olympic Games or Commonwealth Games).
government agency means:
(a) a government sports agency; or
(b) any other department or authority of the Commonwealth, a State or Territory through which funding or other support is provided for a sporting activity.
government sports agency means Sport Integrity Australia, the ASC, the Department and any other academy or institute of sport or similar body established by the Commonwealth, a State or a Territory.
in‑competition has the same meaning as in the World Anti‑Doping Code.
international event means an event or competition for which the International Olympic Committee, the International Paralympic Committee, an International Sporting Federation, a major event organisation, or another international sporting organisation is the ruling body for the event or competition or appoints the technical officials for the event or competition.
international‑level athlete has the same meaning as in the World Anti‑Doping Code.
International Standard for Laboratories means the International Standard for Laboratories adopted by the WADA, as amended from time to time, including technical documents issued under that standard.
International Standard for Results Management means the International Standard for Results Management adopted by the WADA, as amended from time to time, including technical documents issued under that standard.
International Standard for Testing and Investigations means the International Standard for Testing and Investigations adopted by the WADA, as amended from time to time, including technical documents issued under that standard.
International Standard for Therapeutic Use Exemptions means the International Standard for Therapeutic Use Exemptions adopted by the WADA, as amended from time to time, including technical documents issued under that standard.
investigator means a person appointed as an investigator by the CEO under clause 3.03.
law enforcement body means an agency responsible for the performance of functions or activities directed to:
(a) the prevention, detection, investigation, prosecution or punishment of criminal offences or breaches of a law imposing a penalty or sanction for a breach; or
(b) the management of property seized or restrained under laws relating to the confiscation of the proceeds of crime or the enforcement of such law, or of orders made under such laws.
major event organisation means a continental association of National Olympic Committees or other multi‑sport organisation that functions as the ruling body for a continental, regional or other international event.
marker means a compound, group of compounds or biological variable that indicates the use of a prohibited substance or a prohibited method.
metabolite means a substance produced by a biotransformation process.
minor means a natural person who has not reached the age of 18 years.
national anti‑doping organisation means the entity designated within each country as possessing the primary authority and responsibility to adopt and implement anti‑doping rules, direct the collection of samples, manage test results and conduct results management, all at the national level. If this designation has not been made by the competent public authority, the entity is the country’s national Olympic committee or its designee. The national anti‑doping organisation for Australia is Sport Integrity Australia.
national event means a sport event or competition involving international‑level or national‑level athletes that is not an international event.
national‑level athlete means an athlete in the CEO’s registered testing pool, CEO’s national testing pool or CEO’s domestic testing pool or an athlete who participates in or prepares for a sporting event or sporting competition declared under subclause 1.05A(1) and published on Sport Integrity Australia’s website under subclause 1.05A(3).
national Olympic committee, for a country, means the organisation recognised as such by the International Olympic Committee. The national Olympic committee for Australia is the Australian Olympic Committee.
national testing pool means the pool of athletes designated as such by the CEO, who are neither in the CEO’s registered testing pool nor the CEO’s domestic testing pool and who are subject to testing both in‑competition and out‑of‑competition as part of the CEO’s test distribution plan.
Note: Athletes in the CEO’s national testing pool may be asked for whereabouts information (see clause 3.09).
non‑presence anti‑doping rule violation means an anti‑doping rule violation, other than an anti‑doping rule violation provided for by clause 2.01A (which relates to the presence of a prohibited substance or its metabolites or markers in an athlete’s sample).
out‑of‑competition: something occurs out‑of‑competition if it does not occur in‑competition.
participant means an athlete or support person.
personal interest, for the collection or outcome of the testing of a sample, has the meaning given by clause 1.08.
possession, in relation to a prohibited substance or prohibited method, has the meaning given by subclause 2.01F(3).
prohibited list means the list identifying prohibited substances and prohibited methods published by WADA, as in force from time to time.
prohibited method means a method so described on the prohibited list.
prohibited substance means a substance so described, or a substance in a class of substances so described, on the prohibited list.
publicly disclose means to disseminate or distribute information to the general public or persons beyond those persons entitled to earlier notification in accordance with the NAD scheme or a sporting organisation’s anti‑doping policy.
regional anti‑doping organisation means a regional entity designated by member countries to coordinate and manage delegated areas of their national anti‑doping programs, which may include any or all of the following:
(a) the adoption and implementation of anti‑doping rules;
(b) the planning and collection of samples;
(c) the management of results;
(d) the review of therapeutic use exemptions;
(e) the conduct of hearings;
(f) the conduct of educational programs at a regional level.
registered testing pool means the pool of highest priority athletes for testing, established separately at the international level by International Sporting Federations, and at the national level by national anti‑doping organisations or regional anti‑doping organisations, who are subject to focused in‑competition and out‑of‑competition testing as part of the test distribution plan of an International Sporting Federation, or a national anti‑doping organisation or regional anti‑doping organisation.
Note: Athletes in the CEO’s registered testing pool may be asked for whereabouts information (see clause 3.09). A failure to provide such information may involve a possible anti‑doping rule violation under clause 2.01D.
relevant sporting administration body:
(a) for an athlete—means a sporting administration body for the sport in which the athlete is competing or has at any time in the last 6 months competed; or
(b) for a support person—means a sporting administration body for the sport in which the support person is participating; or
(c) for a non‑participant—means a sporting administration body for which the non‑participant is bound by the body’s anti‑doping policy.
representative, for an athlete, means:
(a) a person chosen by the athlete to accompany the athlete to the extent permissible under the International Standard for Testing and Investigations, while a sample is collected from the athlete (the collection process); or
(b) an interpreter chosen by the athlete to help the athlete during the collection process.
response period, for a notice given to a participant or non‑participant by the CEO under Part 4 of this Schedule, means:
(a) the period of 10 days after the participant or non‑participant receives the notice; or
(b) if the CEO considers that a shorter period is reasonably necessary due to the circumstances (for example, because of a forthcoming international event or national event)—a shorter period specified in the notice; or
(c) a longer period notified by the CEO in writing to the participant or non‑participant.
results management has the same meaning as in the World Anti‑Doping Code.
sporting tribunal means CAS, the National Sports Tribunal or a body approved by the CEO that convenes from time to time to hear allegations of anti‑doping rule violations against athletes, support persons, non‑participants and other persons in order to:
(a) determine whether an anti‑doping rule violation has occurred; and
(b) determine appropriate sanctions where an anti‑doping rule violation is found to have been committed; or
(c) hear appeals.
Sport Integrity Australia representative means:
(a) a blood collection official; or
(b) a chaperone; or
(c) a doping control officer; or
(d) an investigator.
tampering has the same meaning as in the World Anti‑Doping Code.
technical document has the same meaning as in the World Anti‑Doping Code.
testing means the parts of the doping control process involving test distribution planning, sample collection, sample handling and sample transport to the laboratory.
therapeutic use exemption means an exemption (however described) granted to an athlete by a TUE committee, in accordance with the World Anti‑Doping Code and the International Standard for Therapeutic Use Exemptions, that allows an athlete with a medical condition to use a prohibited substance or a prohibited method, but only if the conditions set out in Article 4.4 of the World Anti‑Doping Code and in the International Standard for Therapeutic Use Exemptions are met.
trafficking, in relation to a prohibited substance or prohibited method, has the meaning given by subclause 2.01G(2).
TUE committee means a therapeutic use exemptions committee established by an anti‑doping organisation and constituted in accordance with the International Standard for Therapeutic Use Exemptions, including ASDMAC within Australia.
use, in relation to a prohibited substance or prohibited method, has the meaning given by subclause 2.01B(4).
whereabouts information has the meaning given by subclauses 3.09(1) and (1A).
(1) The CEO may, in writing, declare a sporting event or sporting competition for the purposes of the definition of national‑level athlete in clause 1.05.
Note: For specification by class, see subsection 33(3AB) of the Acts Interpretation Act 1901.
(2) The CEO may do so only if the CEO is satisfied that: (a) the sporting event or sporting competition is administered, approved or sanctioned by a national sporting organisation; or (b) the sporting event or sporting competition is conducted by another body or person at the national level. (3) The CEO must publish the declaration on Sport Integrity Australia’s website.
(1) 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 if the sport has an anti‑doping policy.
Note: A person who competes in sport or who has at any time in the last 6 months competed in sport and who is subject to the NAD scheme is an athlete (see section 4 of the Act).
(1A) The anti‑doping rules apply to all athletes. (2) The following classes of athletes may be tested by the CEO under the NAD scheme: (a) athletes in the CEO’s registered testing pool; (aa) athletes in the CEO’s national testing pool; (b) athletes in the CEO’s domestic testing pool; (c) international‑level athletes; (d) athletes who compete in international events or who have at any time in the last 6 months competed in international events; (e) athletes who compete in national events or who have at any time in the last 6 months competed in national events; (f) athletes for whom the CEO is required or permitted to test under a contract or an anti‑doping arrangement; (g) athletes in the registered testing pool of an International Sporting Federation, or a national anti‑doping organisation or regional anti‑doping organisation; (h) athletes who are present in Australia at the time of the testing; (i) athletes serving a period of ineligibility.
(1) Support persons involved in a sport with an anti‑doping policy are subject to the NAD scheme. (2) Anti‑doping rules 2.01E, 2.01F, 2.01G, 2.01H, 2.01J, 2.01K and 2.01L apply to all support persons subject to the NAD scheme.
(1) All non‑participants are subject to the NAD scheme. (2) Anti‑doping rules 2.01E, 2.01G, 2.01H, 2.01J, 2.01K and 2.01L apply to all non‑participants.
(1) For the NAD scheme, if 1 of the circumstances mentioned in subclause (2) exists for a person, the person is taken to have a personal interest in: (a) the collection or outcome of the testing of a sample of an athlete; or (b) the investigation of an anti‑doping rule violation; or (c) the compliance by a sporting administration body with the sporting administration body rules; or (d) any other matter relating to the NAD scheme. (2) The circumstances are that: (a) the person has a direct or indirect pecuniary interest in: (i) the outcome of the testing of the sample; or (ii) the other matter; or (b) the person participates, or is involved, in the administration of a sport in which the athlete competes or has at any time in the last 6 months competed; or (c) the person is a member of, or is involved in the administration of, a sporting organisation of which the athlete is a member; or (d) a sample of an athlete was collected, or is to be collected, at, or for, a particular sporting event or sporting venue, and the person is involved in the administration of that event or venue (otherwise than for the purposes of the NAD scheme); or (e) the person is related to, or has some involvement in the affairs of, the athlete.
Note: Provisions of the Public Service Act 1999 and the Act also relate to conflict of interest with respect to the CEO, Sport Integrity Australia representatives and Sport Integrity Australia staff. Nothing in the NAD scheme limits the operation of those provisions.
(1) This Division contains the anti‑doping rules. An anti‑doping rule is a provision that provides that a particular circumstance, or particular conduct, constitutes a violation of an anti‑doping rule. The CEO makes assertions about anti‑doping rule violations. (2) Athletes, support persons and non‑participants are responsible for knowing what constitutes an anti‑doping rule violation and the substances and methods that have been included on the prohibited list.
(1) Presence of a prohibited substance or its metabolites or markers in an athlete’s sample constitutes a violation of an anti‑doping rule. (2) It is the athlete’s personal duty to ensure that no prohibited substance enters his or her body. Athletes are responsible for a prohibited substance or its metabolites or markers found to be present in their samples. Accordingly, it is not necessary that intent, fault, negligence or knowing use on the athlete’s part be demonstrated in order to establish an anti‑doping rule violation under this clause. (3) Sufficient proof of an anti‑doping rule violation under this clause is established: (a) by the presence of a prohibited substance or its metabolites or markers in the athlete’s A sample if the athlete waives analysis of the B sample and the B sample is not analysed; or (b) if the athlete’s B sample is analysed and the analysis of the athlete’s B sample confirms the presence of the prohibited substance or its metabolites or markers found in the athlete’s A sample; or (c) if the athlete’s A or B sample is split into 2 parts and the analysis of the confirmation part of the split sample confirms the presence of the prohibited substance or its metabolites or markers found in the first part of the split sample or the athlete waives analysis of the confirmation part of the split sample. (4) Excepting those substances for which a decision limit is specifically identified in the prohibited list or a technical document, the presence of any reported quantity of a prohibited substance or its metabolites or markers in an athlete’s sample constitutes a violation of an anti‑doping rule. (5) As an exception to the general rule established by this clause, the prohibited list, International Standards or technical documents may establish special criteria for reporting or the evaluation of certain prohibited substances.
(1) Use or attempted use by an athlete of a prohibited substance or a prohibited method constitutes a violation of an anti‑doping rule. (2) It is the athlete’s personal duty to ensure that no prohibited substance enters his or her body and that no prohibited method is used. Accordingly, it is not necessary that intent, fault, negligence or knowing use on the athlete’s part be demonstrated in order to establish an anti‑doping rule violation under this clause. (3) The success or failure of the use or attempted use of a prohibited substance or prohibited method is not material. It is sufficient that the prohibited substance or prohibited method was used or attempted to be used for an anti‑doping rule violation to be committed. (4) In the NAD scheme:
use, in relation to a prohibited substance or prohibited method, means the utilisation, application, ingestion, injection or consumption by any means of the prohibited substance or prohibited method.
Evading sample collection, or refusing or failing to submit to sample collection without compelling justification after notification by a duly authorised person, constitutes a violation of an anti‑doping rule.
Any combination of 3 missed tests or filing failures (or both), as defined in the International Standard for Results Management, within a 12 month period by an athlete in a registered testing pool, constitutes a violation of an anti‑doping rule.
Tampering or attempted tampering with any part of doping control constitutes a violation of an anti‑doping rule.
(1) Possession by an athlete in‑competition of any prohibited substance or any prohibited method, or possession by an athlete out‑of‑competition of any prohibited substance or any prohibited method that is prohibited out‑of‑competition, constitutes a violation of an anti‑doping rule, unless the athlete establishes that the possession is consistent with a therapeutic use exemption granted in accordance with Article 4.4 of the World Anti‑Doping Code or other acceptable justification. (2) Possession by a support person in‑competition of any prohibited substance or any prohibited method, or possession by a support person out‑of‑competition of any prohibited substance or any prohibited method that is prohibited out‑of‑competition in connection with an athlete, competition or training, constitutes a violation of an anti‑doping rule, unless the support person establishes that the possession is consistent with a therapeutic use exemption granted to an athlete in accordance with Article 4.4 of the World Anti‑Doping Code or other acceptable justification. (3) In the NAD scheme:
possession by a person of a prohibited substance or prohibited method means (subject to subclauses (4), (5) and (6)):
(a) actual physical possession; or
(b) constructive possession (which can be found only if the person has exclusive control, or intends to exercise control, over the prohibited substance or prohibited method, or the premises in which the prohibited substance or prohibited method exists).
(4) Despite paragraph (b) of the definition of possession in subclause (3), if a person does not have exclusive control over a prohibited substance or prohibited method, or premises in which a prohibited substance or prohibited method exists, constructive possession can only be found if the person knew about the presence of the prohibited substance or prohibited method and intended to exercise control over it. (5) Despite the definition of possession in subclause (3), a person is taken not to have possession of a prohibited substance or prohibited method if, before receiving notification of any kind that the person has committed an anti‑doping rule violation, the person: (a) has taken concrete action demonstrating that the person never intended to have possession of the prohibited substance or prohibited method; and (b) has renounced possession of the prohibited substance or prohibited method by explicitly declaring it to an anti‑doping organisation. (6) The purchase (including by any electronic or other means) of a prohibited substance or prohibited method constitutes possession by the person who makes the purchase.
(1) Trafficking or attempted trafficking in a prohibited substance or prohibited method constitutes a violation of an anti‑doping rule. (2) In the NAD scheme:
trafficking, in relation to a prohibited substance or prohibited method:
(a) means selling, giving, transporting, sending, delivering or distributing (or possessing for any such purpose) a prohibited substance or prohibited method (either physically or by any electronic or other means) by a participant or non‑participant to any third party; but
(b) does not include:
(i) the actions of bona fide medical personnel involving a prohibited substance that is used for genuine and legal therapeutic purposes, or with other acceptable justification; or
(ii) actions involving prohibited substances that are not prohibited in out‑of‑competition testing unless the circumstances as a whole demonstrate such prohibited substances are not intended for genuine and legal therapeutic purposes or are intended to enhance sport performance.
(1) Administration or attempted administration by an athlete, support person or non‑participant to any athlete in‑competition of a prohibited substance or prohibited method, or administration or attempted administration to any athlete out‑of‑competition of a prohibited substance or prohibited method that is prohibited out‑of‑competition, constitutes a violation of an anti‑doping rule. (2) In the NAD scheme:
administration, in relation to a prohibited substance or prohibited method:
(a) means providing, supplying, supervising, facilitating, or otherwise participating in, the use or attempted use by another person of a prohibited substance or prohibited method; but
(b) does not include:
(i) the actions of bona fide medical personnel involving a prohibited substance that is used for genuine and legal therapeutic purposes, or with other acceptable justification; or
(ii) actions involving prohibited substances that are not prohibited in out‑of‑competition testing unless the circumstances as a whole demonstrate such prohibited substances are not intended for genuine and legal therapeutic purposes or are intended to enhance sport performance.
Assisting, encouraging, aiding, abetting, conspiring, covering‑up or any other type of intentional complicity, or attempted complicity, involving an anti‑doping rule violation, or a violation of Article 10.14.1 of the World Anti‑Doping Code, by another person constitutes a violation of an anti‑doping rule.
(1) Association by a participant or non‑participant in a professional or sport‑related capacity with a support person covered by Article 2.10.1.1, 2.10.1.2 or 2.10.1.3 of the World Anti‑Doping Code constitutes a violation of an anti‑doping rule. (2) To establish the violation, the CEO must establish that the participant or non‑participant knew that the support person was covered by that Article. (3) The burden is on the participant or non‑participant to establish either or both of the following: (a) that any association with the support person was not in a professional or sport‑related capacity; (b) that any such association could not have been reasonably avoided. Freedom of association (10) Subclause (1) does not apply to the extent (if any) that it would be inconsistent with Article 22 of the International Covenant on Civil and Political Rights, done at New York on 16 December 1966.
Note: The Covenant is in Australian Treaty Series 1980 No. 23 ([1980] ATS 23) and could in 2014 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
Discouraging reporting (1) An act: (a) that threatens or seeks to intimidate another person with the intent of discouraging the other person from the good‑faith reporting of information, relating to an alleged anti‑doping rule violation or alleged non‑compliance with the World Anti‑Doping Code, to: (i) an anti‑doping organisation; or (ii) a law enforcement body; or (iii) a regulatory body; or (iv) a professional disciplinary body; or (v) a hearing panel of the kind mentioned in Article 8 of the World Anti‑Doping Code; or (vi) a person conducting an investigation for an anti‑doping organisation; and (b) that would not otherwise constitute an anti‑doping rule violation under clause 2.01E; constitutes a violation of an anti‑doping rule. Retaliating against reporting (2) An act: (a) of retaliation against a person who, in good faith, has provided evidence or information, relating to an alleged anti‑doping rule violation or alleged non‑compliance with the World Anti‑Doping Code, to: (i) an anti‑doping organisation; or (ii) a law enforcement body; or (iii) a regulatory body; or (iv) a professional disciplinary body; or (v) a hearing panel of the kind mentioned in Article 8 of the World Anti‑Doping Code; or (vi) a person conducting an investigation for an anti‑doping organisation; and (b) that would not otherwise constitute an anti‑doping rule violation under clause 2.01E; constitutes a violation of an anti‑doping rule. Interpretation (3) For the purposes of this clause, retaliation, threatening and intimidation include an act taken against a person either because the act lacks a good faith basis or is a disproportionate response.
For this Part:
sporting administration body means a national sporting organisation for Australia.
(1) For subsection 15(1) of the Act, the sporting administration body rules mentioned in Schedule 1 apply to all sporting administration bodies. (2) The CEO is authorised: (a) to monitor the compliance by sporting administration bodies with the sporting administration body rules; and (b) to notify the ASC about the extent of the compliance by sporting administration bodies; and (c) to publish reports about the extent of compliance by sporting administration bodies with the sporting administration body rules.
A sporting administration body must: (a) at all times have in place, maintain and enforce anti‑doping policies and practices that comply with: (i) the mandatory provisions of the World Anti‑Doping Code and International Standards; and (ii) the NAD Scheme; and (b) not adopt its anti‑doping policy unless it has been approved by the CEO or not substantively amend its anti‑doping policy unless the amendment has been approved by the CEO; and (c) ensure that at all times it has the authority to enforce its anti‑doping policy; and (d) immediately inform the CEO of an alleged breach of its anti‑doping policy and cooperate with any investigation into the matter; and (e) provide to the CEO appropriate details or reports related to investigations, hearings, appeals and sanctions; and (f) provide the CEO with relevant information in a timely manner, including sporting administration body and International Federation anti‑doping policies, policy amendments, policy endorsement and implementation date, athlete whereabouts information, athlete education, information relating to events and camps, lists of athletes subject to anti‑doping policies and advice relating to athletes in the CEO’s registered testing pool, CEO’s national testing pool or CEO’s domestic testing pool; and (g) ensure that other rules and regulations of the sport do not override the provisions of its anti‑doping policy; and (h) comply with, implement and enforce its anti‑doping policy to the satisfaction of the CEO; and (i) submit to the operations of the CEO; and (j) refer all instances of possible anti‑doping rule violations to the CEO for investigation and cooperate with any investigation, as required; and (k) allow the CEO to present anti‑doping cases at hearings unless the CEO has approved the sporting administration body presenting its own case; and (l) recognise the CEO as having a right to appeal decisions relating to anti‑doping cases, including in cases the CEO has not presented the anti‑doping case at the hearing; and (m) accept assertions by the CEO, act on assertions by the CEO, ensure that a notice of an alleged anti‑doping rule violation is issued in accordance with a recommendation made by the CEO, and enforce sanctions imposed by a sporting tribunal; and (n) ensure that its members and staff cooperate with the CEO; and (o) promote information, education and other anti‑doping programs in accordance with the World Anti‑Doping Code and International Standards and as requested by the CEO; and (p) comply with any other conditions relating to anti‑doping and notified to it by the ASC that the ASC is required by legislation or by the CEO to require from sporting organisations to which the ASC provides funding, services and support.
The CEO may appoint a person to be a doping control officer. A person appointed to be a doping control officer must obtain, at the CEO’s expense, appropriate clearance as required by State or Territory legislation in order to work with minors.
(1) The CEO may appoint a person to be a chaperone. A person appointed to be a chaperone must obtain, at the CEO’s expense, appropriate clearance as required by State or Territory legislation in order to work with minors. (2) A doping control officer is also taken to be a chaperone.
The CEO may appoint a person to be an investigator. A person appointed to be an investigator must obtain, at the CEO’s expense, appropriate clearance as required by State or Territory legislation in order to work with minors.
(1) The CEO may approve a person as a blood collection official if the CEO is satisfied on reasonable grounds that the person is qualified to perform the blood collection procedure required by the International Standard for Testing and Investigations. (2) A blood collection official must carry evidence of his or her qualifications to perform blood collection procedures.
For paragraph 78(1)(d) of the Act, each of the following is appointed as a drug testing official: (a) a doping control officer; (b) an investigator; (c) a blood collection official.
(1) The CEO must make sure that each of the following persons carries an identity card: (a) a blood collection official; (b) a chaperone; (c) a doping control officer; (d) an investigator. (2) An identity card must: (a) show for which of the roles mentioned in subclause (1) the card is given to the person; and (b) display the signature of a member of Sport Integrity Australia staff. (3) An identity card for a person who is a chaperone or a doping control officer must display a recent photograph of the person. (4) A person who ceases to have the role for which an identity card was given to the person must return the card to the CEO on the day when the person ceases to have the role.
(1) If a Sport Integrity Australia representative makes a request of a participant or non‑participant under the NAD scheme, the Sport Integrity Australia representative must produce his or her identity card. (2) A participant or non‑participant is not required to comply with a request made by the Sport Integrity Australia representative until the representative produces his or her identity card.
(1) The CEO must make sure that the conditions of service, applicable to a Sport Integrity Australia representative or other representative of an anti‑doping organisation that is engaged by the CEO for the purpose of sample collection, require the representatives to report to the CEO (which may be done through the applicable anti‑doping organisation) any personal interest. (2) If a Sport Integrity Australia representative or other representative of an anti‑doping organisation that is engaged by the CEO for the purpose of sample collection reports a personal interest in a matter mentioned in subclause (1), the CEO may: (a) direct another Sport Integrity Australia representative to carry out the duties of a Sport Integrity Australia representative in relation to the matter; or (b) direct that another representative of the anti‑doping organisation must carry out the relevant duties in relation to the matter.
Note: For the meaning of personal interest, see clause 1.08.
(1) The CEO may, by written notice, request an athlete in the CEO’s registered testing pool to give the CEO information (whereabouts information), for the purpose of contacting or locating the athlete, in accordance with the International Standard for Testing and Investigations.
Note: A failure by an athlete to give the CEO whereabouts information under subclause (1) may constitute a possible anti‑doping rule violation under clause 2.01D.
(1A) The CEO may, by written notice, request an athlete in the CEO’s national testing pool to give the CEO information (whereabouts information), for the purpose of contacting or locating the athlete, in accordance with the International Standard for Testing and Investigations.
Note 1: A failure by an athlete to give the CEO whereabouts information under subclause (1A) does not constitute a possible anti‑doping rule violation under clause 2.01D.
Note 2: For a failure to comply with a request under subclause (1A), see subclause (5).
(2) If the CEO requests an athlete with an intellectual disability to give whereabouts information, the CEO must give at least one of the following persons oral or written notice of the request: (a) the athlete’s spouse; (b) the athlete’s parent or guardian; (c) the athlete’s coach; (d) a representative of a relevant sporting administration body for the athlete. (3) The CEO may request whereabouts information from an athlete by giving the athlete’s relevant sporting administration body a written notice that: (a) includes the request for information from the athlete; and (b) asks the body to forward the request in a sealed envelope to the athlete. (4) Subclause (3) does not limit the manner in which a request for whereabouts information may be given. (5) The CEO may deal with a failure to comply with a request under subclause (1A) in a way that is consistent with the International Standard for Testing and Investigations.
(1) For this Part, a sample may be requested, collected and tested for 1 or more of the following purposes (anti‑doping purposes): (a) to detect the presence of a prohibited substance or use of a prohibited method in the sample; (b) to assist in investigation of a possible anti‑doping rule violation; (c) to detect the presence of a substance that is the subject of a monitoring program by WADA; (d) to assist an anti‑doping organisation in profiling biological parameters in the sample; (e) for research, if subclauses (2) and (3) are complied with; (f) to comply with a request from another national anti‑doping organisation, a regional anti‑doping organisation or an International Sporting Federation; (g) for any other purpose covered by Article 6.2 of the World Anti‑Doping Code. (2) The CEO may use a sample for research, with the written consent of the athlete who provided the sample. (3) Before using a sample for research, the CEO must ensure that it is no longer possible to identify the athlete who provided the sample.
Analytical data that relates to a sample, or information about doping control to the extent that the information relates to a sample, may be: (a) analysed as mentioned in Article 6.2 of the World Anti‑Doping Code; or (b) used for research as mentioned in Article 6.3 of the World Anti‑Doping Code.
A request for a sample and sample collection made under this Division must substantially comply with the procedures for the making of a request for and collection of a sample mentioned in the International Standard for Testing and Investigations.
(1) The CEO may ask an athlete to give the CEO a sample for an anti‑doping purpose. (2) The CEO may collect a sample from an athlete for an anti‑doping purpose at any time. (3) Nothing in the NAD scheme prevents the CEO from asking an athlete to give, on the same day, 1 or more urine samples and 1 or more blood samples. (4) The CEO may ask an athlete, a TUE committee or a sporting administration body, to provide information about a sample.
The CEO may ask a sporting administration body or anti‑doping organisation to arrange for an athlete to be requested to give a sample for an anti‑doping purpose.
(1) A request for a sample may be made orally or by written notice. (2) The request must include the following information: (a) the place where the athlete is to give the sample; (b) when the athlete must go to the place for that purpose; (c) the kind of sample the athlete will be required to provide; (d) any other information required under Article 5.4.1 of the International Standard for Testing and Investigations. The request may include any other information that the CEO considers relevant.
Note: The CEO must also comply with its obligation to explain to the athlete the possible consequences of failing to comply with the request: see subsection 14(2) of the Act.
(3) The information must be given: (a) at the time the request is made; or (b) as soon as practicable afterwards. (4) The request may be accompanied by a request for the athlete to provide the requester with photo identification. (5) The request must be made without giving the athlete any advance notice of the request, except in exceptional and justifiable circumstances. (6) If an intellectually disabled athlete is asked for a sample, the requester must give at least 1 of the following persons oral or written notice that the request has been made: (a) the athlete’s spouse; (b) the athlete’s parent or guardian; (c) the athlete’s coach; (d) a representative of a relevant sporting administration body. (7) If it would be unreasonable to require the athlete to go to the stated place at the stated time, the requester may agree with the athlete to collect the sample at a different time or place. (8) If the CEO is having difficulty finding an athlete in order to make a request under subclause 3.16(1), the CEO may ask for help in finding the athlete from: (a) a relevant sporting administration body; or (b) a person who knows, or is related to, the athlete; or (c) a government agency; or (d) an anti‑doping organisation. (9) In this Division:
requester means:
(a) the CEO; or
(b) a sporting administration body or anti‑doping organisation that the CEO has asked under clause 3.15 to arrange for an athlete to give a sample.
(1) This clause applies if a requester asks an athlete for a sample or for information relating to a possible anti‑doping rule violation under this Division. (2) The requester must make reasonable efforts to ensure that its request is understood. (3) If the requester believes the athlete is unable to receive or understand the request for a sample (eg because the athlete is deaf), the requester may communicate with the athlete through an interpreter. (4) If the requester needs to give notice of the request for a sample to a person mentioned in paragraph 3.16(6)(a), (b), (c) or (d) and the requester believes that person is unable to understand English, or otherwise has difficulty communicating in English, the requester may communicate with the person through an interpreter.
(1) This clause applies if a place stated under paragraph 3.16(2)(a) is more than 50 kilometres from the place where the request is received. (2) The CEO must offer to pay the reasonable expenses of the athlete incurred in travelling from the place where the request was received to the stated place. (3) The CEO may also offer to pay the reasonable expenses of the athlete incurred in travelling from the place where the request was received to the stated place if it is otherwise reasonable to do so.
(1) Subclause (2) applies if: (a) an athlete has been asked for a sample under this Division; and (b) the athlete claims to have retired from taking part in sporting competition. (2) The CEO may ask a sporting administration body to inform the CEO whether the athlete has notified the body that he or she has retired from taking part in sporting competition and, if so, the date of notification. (3) The CEO must decide that the athlete is not required to give the sample if the CEO is satisfied that, before the time the sample is to be given, the athlete has retired from taking part in sporting competition.
(1) Before going with a chaperone to a place to give the sample, the athlete may, with the permission of the chaperone, do an activity covered by Article 5.4.4 of the International Standard for Testing and Investigations. (2) The athlete must remain continuously chaperoned while doing anything covered by subclause (1). (3) A chaperone must not refuse a reasonable request by an athlete for consent under subclause (1) but must refuse a request if it will not be possible for the athlete to be continuously chaperoned. (4) A refusal by a chaperone to consent to a request by an athlete under subclause (1) does not invalidate any test conducted on a sample given by the athlete. (5) The doping control officer or chaperone must document a request by an athlete for consent under subclause (1) and details of subsequent activity of the athlete.
(1) An athlete who has been asked to give a sample is entitled to be accompanied by a representative during the sample collection session except when the athlete is passing a urine sample. In particular an athlete who is a minor must be provided with the opportunity to be accompanied by a representative of his or her choice. (2) If an athlete who is a minor has been asked to give a sample, the athlete’s representative may observe the chaperone when the minor athlete is passing a urine sample, but not directly observe the passing of the urine sample unless requested to do so by the minor athlete. (3) If an athlete who is a minor has been asked to give a sample, the chaperone observing the minor passing a urine sample is also entitled to be accompanied by a representative during the sample collection session. The representative may observe the chaperone when the minor athlete is passing a urine sample, but not directly observe the passing of the urine sample. (4) If an athlete with a disability has been asked to give a sample, the athlete’s representative may assist the athlete during the entire sample collection session if authorised by the athlete and agreed to by the doping control officer.
(1) This clause applies if: (a) an athlete has been asked for a sample under this Division; and (b) the athlete gives the sample in response to the request. (2) The CEO may: (a) for a blood sample—centrifuge the sample to separate serum from whole blood for transport of the serum to a laboratory; and (b) for a urine sample—test the specific gravity and acidity (pH level) of the sample to determine its suitability for analysis; and (c) take any other actions in relation to the sample that are reasonably necessary to fulfil an anti‑doping purpose.
(1) This clause applies to a sample: (a) if an athlete has been asked for the sample under this Division and the athlete gives the sample in response to the request; and (b) whether or not the CEO has done anything with the sample under clause 3.22. (2) The CEO may ask a recognised laboratory to analyse the sample for an anti‑doping purpose.
Note: For anti‑doping purposes, see clause 3.12.
The analysis or retention of a sample given under this Division must comply, or substantially comply, with the procedures for analysis or retention of a sample mentioned in the World Anti‑Doping Code and International Standards.
Note: The World Anti‑Doping Code is available at the following website address: http://www.wada‑ama.org.
(1) A sample collected from an athlete at the CEO’s initiative is the property of the CEO. (2) The CEO may transfer ownership of a sample collected from an athlete at the CEO’s initiative to another anti‑doping organisation exercising results management authority in relation to the sample.
The CEO is authorised to request a specified person to do one or more of the following within a specified period: (a) attend an interview to answer questions; (b) give information of a specified kind; (c) 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.
Note 1: See paragraph 13(1)(ea) of the Act.
Note 2: Subclause (1) is additional to the CEO’s authority, conferred under paragraph 13(1)(f) of the Act, to investigate possible violations of the anti‑doping rules. Under that authority, an investigation may include interviewing persons and requesting information, documents or other things.
Authority to give disclosure notice (1) The CEO is authorised 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.
Note: See subsection 13A(1) of the Act.
(2) The CEO must not give a disclosure notice to the 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.
Note: See subsection 13A(1A) of the Act.
(3) 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 notice.
Note: See subsection 13A(3) of the Act.
Administration relating to disclosure notice (4) For paragraph 13A(2)(a) of the Act: (b) a disclosure notice may be in electronic form; and (c) the CEO may give a disclosure notice by electronic means. Content of disclosure notice (5) For paragraph 13A(2)(a) of the Act, a disclosure notice must include the following: (a) the name of the person to whom the notice is given (the recipient); (b) a statement that the recipient is required to do one or more of the following: (i) attend an interview to answer questions; (ii) give information of the kind specified in the notice; (iii) produce documents or things of the kind specified in the notice; (c) the possible consequences of a failure to comply with the notice; (d) information about how to contact Sport Integrity Australia.
Note: Sport Integrity Australia will be able to discuss with the recipient the general purpose of the interview and other administrative arrangements about the interview.
(6) If the disclosure notice requires the recipient to attend an interview to answer questions, the notice must also include the following: (a) the date and time of the interview, which must be: (i) at least 14 days after the date of the notice; or (ii) if exceptional circumstances exist—after the end of a different period specified in the notice; (b) the location of the interview; (c) a statement that: (i) the recipient may contact the CEO, within the period stated in the notice, to offer a different date, time or location of the interview on the ground that the proposed date, time or location would cause undue hardship to the person; and (ii) the recipient must give details of the hardship; and (iii) the CEO may agree to another date, time or location, but is not required to do so; and (iv) if the CEO agrees to another date, time or location, the CEO will, as soon as practicable, give the recipient a replacement disclosure notice stating the date, time and location; and (v) if the CEO has not agreed to another date, time or location by the date stated in the notice, the interview will be conducted at the date, time and location stated in the notice; (d) a statement that the interview may be conducted over more than one day if it is appropriate; (e) a statement that the recipient must attend the interview; (f) a statement that the recipient is not excused from answering a question on the ground that the answer to the question might tend to incriminate the recipient or expose the recipient to a penalty; (fa) a statement that if the recipient is an individual: (i) the answer given; and (ii) answering the question; and (iii) any information, document or thing obtained as a direct or indirect consequence of the answering of the question; are not admissible in evidence against the recipient in any proceedings, other than: (iv) proceedings for an offence against section 137.1 or 137.2 of the Criminal Code that relates to the Act; or (v) proceedings in connection with the Act or regulations made under the Act; (g) a statement that: (i) the recipient may be accompanied at the interview; and (ii) if the recipient proposes to be accompanied by a person who is not a qualified legal practitioner representing the recipient, the recipient must notify the CEO, in writing, of the other person’s name by the time specified in the notice; and (iii) if the recipient does not notify the CEO, in writing, of the other person’s name within that period, the person conducting the interview may decide whether to allow the recipient to be accompanied for the purposes of the interview by another person who is not a qualified legal practitioner representing the recipient; (h) a statement that if the recipient is under 18, the recipient may be accompanied for the purposes of the interview by: (i) one other person; or (ii) a qualified legal practitioner representing the recipient and one other person who is not a qualified legal practitioner representing the recipient.
Note: The standard period within which the person may offer a different date, time or location of the interview is expected to be 5 days from the date the notice is given to the person. The period will be set having regard to the person’s circumstances and the requirements of the particular investigation.
(7) If the CEO agrees with a recipient under subclause (6) to a different date, time or location of an interview: (a) the CEO is authorised to give the recipient a replacement disclosure notice requiring the recipient to do one or more of the following within the period specified in the notice: (i) attend an interview to answer questions; (ii) give information of the kind specified in the notice; (iii) produce documents or things of the kind specified in the notice; and (c) the notice must include: (i) the date, time and location of the interview; and (ii) the statements in paragraphs (6)(d), (e), (f) and (fa).
Note: An agreement about the date, time and location of the interview does not affect the CEO’s belief that the recipient has information, documents or things that may be relevant to the administration of the NAD scheme.
(8) If the disclosure notice requires the recipient to give information, the notice must also include the following information: (a) a statement that the recipient must give the information to the CEO by the date, or the time and date, specified in the notice; (b) a statement that the recipient is not excused from giving information specified in the notice on the ground that the information might tend to incriminate the recipient or expose the recipient to a penalty; (ba) a statement that if the recipient is an individual: (i) the information given; and (ii) giving the information; and (iii) any information, document or thing obtained as a direct or indirect consequence of giving the information; are not admissible in evidence against the recipient in any proceedings, other than: (iv) proceedings for an offence against section 137.1 or 137.2 of the Criminal Code that relates to the Act; or (v) proceedings in connection with the Act or regulations made under the Act; (c) a statement that if the recipient: (i) is an individual; and (ii) does not possess information specified in the notice; and (iii) has taken all reasonable steps available to the recipient to obtain the information and has been unable to obtain it; the recipient may give the CEO a statutory declaration stating those matters; (d) a statement that if the recipient: (i) is not an individual; and (ii) does not possess information specified in the notice; and (iii) has taken all reasonable steps available to the recipient to obtain the information and has been unable to obtain it; an individual acting for the recipient may give the CEO a statutory declaration stating those matters. (9) If the disclosure notice requires the recipient to produce documents or things, the notice must also include the following information: (a) a statement that the recipient must produce the documents or things to the CEO by the date, or the time and date, specified in the notice; (b) a statement that the recipient is not excused from producing a document or thing specified in the notice on the ground that the production of the document or thing might tend to incriminate the recipient or expose the recipient to a penalty; (c) a statement that if the recipient: (i) does not possess a document or thing specified in the notice; and (ii) has taken all reasonable steps available to the recipient to obtain the document or thing and has been unable to obtain it; the recipient may give the CEO a statutory declaration stating those matters; (d) a statement that if the recipient is an individual: (i) the document or thing produced; and (ii) producing the document or thing; and (iii) any information, document or thing obtained as a direct or indirect consequence of producing the document or thing; are not admissible in evidence against the recipient in any proceedings, other than: (iv) proceedings for an offence against section 137.1 or 137.2 of the Criminal Code that relates to the Act; or (v) proceedings in connection with the Act or regulations made under the Act; (e) a statement that proceedings (however described) before a sporting administration body or the Court of Arbitration for Sport or other sporting tribunal that relate to sports doping and safety matters are proceedings in connection with the Act or regulations made under the Act.
(1) For paragraph 13A(2)(b) of the Act, this clause provides for the form and conduct of an interview that has been required under clause 3.26B. Form of interview (2) The person conducting the interview (the interviewer) may arrange for the interview to be conducted in person or in another form.
Note: Examples: A teleconference or videoconference.
(3) The interviewer may arrange for the interview to be recorded in any form. Assistance of another person or other persons (4) Subject to subclauses (5) and (6): (a) a person (the interviewee) who is given a disclosure notice and is at least 18 may be accompanied for the purposes of the interview by one other person; and (b) a person (the interviewee) who is given a disclosure notice and is under 18 may be accompanied for the purposes of the interview by: (i) one other person; or (ii) a qualified legal practitioner representing the interviewee and one other person who is not a qualified legal practitioner representing the interviewee.
Note: If the interviewee is under 18, the interviewee should consider being accompanied by the interviewee’s parent or guardian.
(5) If the interviewee does not notify the CEO of the name of another person in accordance with the disclosure notice, the interviewer may decide whether to allow the interviewee to be accompanied for the purposes of the interview by another person who is not a qualified legal practitioner representing the interviewee.
Note: See paragraph 3.26B(6)(g).
(6) If the interviewer or the CEO reasonably believes that the presence of a person who proposes to accompany an interviewee, or is accompanying the interviewee, may compromise, hinder or obstruct an investigation, the interviewer: (a) must inform the interviewee of that belief; and (b) must inform the interviewee that the other person: (i) cannot attend the interview; or (ii) can no longer attend the interview; and (c) must not allow the other person to: (i) attend the interview; or (ii) continue to attend the interview; and (d) must give the interviewee a reasonable opportunity to propose another person to accompany the interviewee for the purposes of the interview; and (e) may suspend the interview until the interviewee has arranged for another person.
Note: Examples: Possible grounds on which the interviewer or the CEO could reasonably believe that the presence of a person may compromise, hinder or obstruct an investigation are where the person
(a) is, or may become, the subject of an investigation; or
(b) is, or may become, a witness in an investigation, or
(c) is under a sanction for an anti‑doping rule violation.
Costs (7) The interviewee is not entitled to payment relating to any cost relating to a disclosure notice.
For subsection 13B(2) of the Act, if the CEO has taken possession of a document or thing produced in response to a disclosure notice, the CEO must ensure that the document or thing is returned to the person from whom it was taken as soon as practicable after it is no longer necessary for the CEO to retain possession of it.
Note 1: Subsection 13B(3) of the Act requires the CEO to 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.
Note 2: It may be necessary for the CEO to retain possession of the document or thing if:
(a) an investigation into a possible violation of the anti‑doping rules to which the disclosure notice relates is incomplete; or
(b) the deliberations or decisions of a sporting administration body in relation to a matter relating to, or arising under, the NAD scheme and relating to the disclosure notice are incomplete; or
(c) any other action by a court, tribunal or other body or person for review of a decision under the NAD scheme relating to the disclosure notice is incomplete, or has not yet been sought.
Note 3: If the CEO has not obtained the document or thing from another person, the document or thing will be kept in compliance with Commonwealth law.
(1) For paragraph 13(1)(f) of the Act, the CEO is authorised to investigate possible violations of the anti‑doping rules. (2) An investigation must comply, or substantially comply, with the procedures mentioned in: (a) the World Anti‑Doping Code; and (b) the International Standards. (3) A failure to comply with those procedures does not affect the validity of the investigation.
(1) If: (a) the CEO receives notice from a recognised laboratory of an atypical finding or an adverse analytical finding in relation to an A sample provided by an athlete; and (b) the CEO has, or accepts, results management authority in relation to the sample; the CEO must deal with the finding in accordance with the International Standard for Results Management. (2) A reference in that standard to a set deadline or short deadline is taken to be a reference to the response period.
Application of clause (1) This clause applies if: (a) the CEO receives evidence or information showing a possible non‑presence anti‑doping rule violation in relation to: (i) a participant who is a national‑level athlete, an international‑level athlete or a support person; or (ii) a non‑participant; and (c) following a review of the evidence or information, the CEO determines there has been a possible non‑presence anti‑doping rule violation. (1A) This clause also applies if: (a) the CEO receives evidence or information showing a possible non‑presence anti‑doping rule violation in relation to a participant; and (b) the participant is an athlete who is neither a national‑level athlete nor an international‑level athlete; and (c) following a review of the evidence or information: (i) if the possible non‑presence anti‑doping rule violation is one under clause 2.01C or 2.01E—the CEO determines there has been a possible non‑presence anti‑doping rule violation; or (ii) in any other case—the CEO determines there has been a possible non‑presence anti‑doping rule violation and determines the possible violation warrants action by the CEO. Dealing with possible non‑presence anti‑doping rule violation (2) The CEO must deal with the possible non‑presence anti‑doping rule violation in accordance with the International Standard for Results Management. (3) A reference in that standard to a set deadline or short deadline is taken to be a reference to the response period. (4) The CEO may withhold details from the notification referred to in Article 5.3.2.1 of the International Standard for Results Management if the CEO is satisfied that the disclosure of those details is reasonably likely to prejudice: (a) the effectiveness of the operational methods, or investigative practices or techniques, of a law enforcement body; or (b) a current investigation into a possible anti‑doping rule violation by another participant or non‑participant.
(2) If, after dealing with a finding as mentioned in clause 4.01 or with a possible non‑presence anti‑doping rule violation as mentioned in subclause 4.07A(2), the CEO is satisfied that there has been an anti‑doping rule violation by the participant or non‑participant, the CEO must make an assertion that there has been an anti‑doping rule violation by the participant or non‑participant. (3) An assertion made in relation to a participant or non‑participant under subclause (2) must be in writing and contain the following information: (a) the name of the participant or non‑participant; (b) in the case of a participant who is an athlete: (i) the athlete’s date of birth; and (ii) the athlete’s sport; (c) the nature of the assertion; (d) the date of the anti‑doping rule violation; (e) any other details relevant to the assertion of the anti‑doping rule violation that the CEO considers appropriate. (4) The CEO must give written notice to the participant or non‑participant of the CEO’s decision to make the assertion. The notice: (a) must be accompanied by a copy of the assertion; and (b) must state the persons or organisations to whom the CEO must or may give written notification of the assertion; and (c) must include the details required to be included in a letter of charge under Article 7.1 of the International Standard for Results Management; and (d) may include any other details that the CEO considers relevant. CEO does not make assertion (5) If the CEO is not satisfied that there has been an anti‑doping rule violation by the participant or non‑participant, the CEO must decide not to make an assertion in relation to the participant or non‑participant. The CEO must give written notice of the CEO’s decision to the participant or non‑participant and to any anti‑doping organisation that has a right to appeal the decision under Article 13.2.3 of the World Anti‑Doping Code.
(1) For paragraph 13(1)(k) of the Act, the CEO may present the following at a hearing of the Court of Arbitration for Sport or another sporting tribunal: (a) an assertion; (b) a recommendation by the CEO in relation to an assertion; (c) any other additional information. (1A) The CEO may do so at the request of a sporting administration body or on the CEO’s own initiative. (2) With the approval of the CEO, a sporting administration body may present an assertion to the Court of Arbitration for Sport or another sporting tribunal. (3) Giving an approval under subclause (2) does not prevent the CEO from appearing before, or giving information to, the sporting tribunal.
(1) The CEO must give a copy of an assertion under subclause 4.08(2) and a copy of a notice under subclause 4.08(4) to: (a) each relevant sporting administration body for the participant or non‑participant; and (b) each relevant government sports agency for the participant or non‑participant; and (c) WADA. (2) The CEO may give a copy of an assertion under subclause 4.08(2) and a copy of a notice under subclause 4.08(4) to any other sporting administration body if the CEO considers it appropriate to do so. (4) This clause applies in addition to any other provision of the Act or the NAD scheme under which the CEO is required or authorised to disclose information.
(1) For the purposes of paragraph 13(1)(g) of the Act, the CEO may 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) to a body or person referred to in subsection 68B(3) of the Act for the purposes of, or in connection with, that administration. (3) This clause applies in addition to any other provision of the Act or the NAD scheme under which the CEO is required or authorised to disclose information.
(1) For paragraph 13(1)(m) of the Act, the CEO may publish information relating to assertions if: (a) the CEO considers the publication to be in the public interest; or (b) the publication is required or permitted by the World Anti‑doping Code; or (c) the athlete, support person or non‑participant to whom the information relates has consented to the publication. (1A) The CEO may, subject to subclause (1B), publish information under paragraph (1)(a) only if either or both of the following apply: (c) the athlete, support person or non‑participant has refused to recognise the jurisdiction of a sporting tribunal to conduct a hearing process in relation to the assertion to which the information relates; (d) no sporting tribunal has jurisdiction to conduct a hearing process in relation to the assertion to which the information relates. (1B) Subclause (1A) does not apply if the information could be disclosed under any of the following provisions of the Act (assuming it were protected information): (a) section 68C (disclosure to reduce threat to life or health); (b) section 68D (disclosure of publicly available information); (c) section 68E (disclosure to respond to public comments). (2) For subclause (1), the CEO may determine: (a) the way in which the information is to be published; and (b) the times at which the information is to be published. (3) This clause applies in addition to any other provision of the Act or the NAD scheme under which the CEO is required or authorised to disclose or publish information.
The CEO may publish information about an athlete, support person or non‑participant if: (a) the information is of a kind that may be publicly disclosed in accordance with Article 14.3.1 of the World Anti‑Doping Code; and (b) the publication occurs after notice referred to in that Article has been provided.
(1) For subsection 13(3) of the Act, 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. (2) For subclause (1), an action is commenced against an athlete, support person or non‑participant in relation to a possible violation of the anti‑doping rules when the athlete, support person or non‑participant is given a notification referred to in Article 5.1.2.1 or 5.3.2.1 of the International Standard for Results Management in relation to the possible violation.
For paragraph 19A(7)(a) of the Act, the CEO must correct an error in an entry in the Violations List as soon as practicable after becoming aware of it.
Granting therapeutic use exemptions (1) The ASDMAC may, on application by or on behalf of an athlete, grant the athlete a therapeutic use exemption, in accordance with the World Anti‑Doping Code and the International Standard for Therapeutic Use Exemptions, that authorises the athlete to use a prohibited substance or a prohibited method for therapeutic purposes. (1A) A therapeutic use exemption granted under subclause (1): (a) must be in writing; and (b) may authorise the use of a prohibited substance or a prohibited method, for therapeutic purposes, at a time before the exemption is granted; and (c) may authorise the use of the prohibited substance or prohibited method, for therapeutic purposes, subject to specified conditions. (1B) The ASDMAC must give the athlete written notice of a refusal to grant the athlete any therapeutic use exemption. (1C) The ASDMAC may develop and implement its own procedures for the making of applications for, and the granting of, therapeutic use exemptions under subclause (1). Review of therapeutic use exemption decisions (2) The ASDMAC must, on application by an athlete, review: (a) a decision by the ASDMAC under subclause (1) to refuse to grant the athlete a therapeutic use exemption; or (b) a decision by the ASDMAC under subclause (1) to grant the athlete a therapeutic use exemption that does not authorise the use of a prohibited substance or a prohibited method, for therapeutic purposes, at a time before the exemption is granted; or (c) a decision by the ASDMAC under subclause (1) to grant the athlete a therapeutic use exemption subject to conditions. (2A) The application must be made within 14 days after: (a) for a decision mentioned in paragraph (2)(a)—the athlete is given notice under subclause (1B) of the decision; or (b) for a decision mentioned in paragraph (2)(b) or (c)—the ASDMAC grants the therapeutic use exemption. (2B) After reviewing the decision, the ASDMAC must either: (a) affirm the decision; or (b) set aside the decision and make a new decision in substitution for the decision set aside. (2C) The ASDMAC may develop and implement its own procedures for the making of applications under subclause (2) for the review of a decision, and the conduct of such a review. (2D) However, the ASDMAC must not, in reviewing a decision under subclause (2), consider any evidence or other information that was not considered by the ASDMAC when making the decision. Other functions (3) The ASDMAC may investigate the sample analysis result for a sample given by an athlete who has been granted a therapeutic use exemption to find out whether the athlete has complied with any conditions of the exemption. (4) The ASDMAC may investigate an atypical finding or an adverse analytical finding for a sample given by an athlete to find out whether the atypical finding or adverse analytical finding was caused by naturally occurring levels of the substance concerned. (5) The ASDMAC may review the procedures adopted by a sporting administration body for authorising the use of a prohibited substance or a prohibited method. (6) ASDMAC may provide advice relating to therapeutic use exemptions and ASDMAC functions to the CEO, sporting administration bodies, participants or other TUE committees. (7) If the CEO consults with the ASDMAC about any of the following matters, the ASDMAC may investigate the matter and give its opinion to the CEO: (a) whether an application in relation to a therapeutic use exemption has been made to the ASDMAC; (b) whether a therapeutic use exemption has been granted: (i) by the ASDMAC or a TUE committee; or (ii) because of a decision by WADA following a review or an appeal. (8) The ASDMAC may participate in a review or an appeal that is related directly or indirectly to a decision by the ASDMAC to grant, or refuse to grant, a therapeutic use exemption.
(1) This clause applies in relation to a person if: (a) the person was an international‑level athlete or a national‑level athlete in a registered testing pool or the CEO’s national testing pool; and (b) the person retired from competing in sport; and (c) Sport Integrity Australia is given notice, in accordance with a sporting administration body’s anti‑doping policies and procedures, of the person’s intention to return to active participation in a sport that has an anti‑doping policy. (2) The NAD scheme applies in relation to the person, as if the person were an athlete competing in that sport, during the period: (a) starting on the day the notice is given to Sport Integrity Australia; and (b) ending when the person begins to compete in the sport, in accordance with the sporting administration body’s anti‑doping policies and procedures.
Note: Once the person begins to compete in the sport, the person will be an athlete and will be subject to the NAD scheme.
(1) This clause applies if the CEO sends a notice to an athlete, support person or non‑participant for the NAD scheme. (2) The athlete, support person or non‑participant is taken to have received the notice (unless the CEO is given evidence sufficient to raise doubt about the matter): (a) if the notice is delivered personally to the athlete, support person or non‑participant—on the day when it is delivered; and (b) if the notice is sent by post, or by means of a courier service, to the athlete, support person or non‑participant at the address of the place of residence of the athlete, support person or non‑participant last known to the CEO, being a place of residence in Australia—3 days after the date it is sent; and (c) if the notice is sent by post, or by means of a courier service, to the athlete, support person or non‑participant at the address of the place of residence of the athlete, support person or non‑participant last known to the CEO, being a place of residence outside Australia—10 days after the date it is sent; and (d) if the athlete, support person or non‑participant has notified the CEO of a number to which notices may be sent to the athlete, support person or non‑participant by fax and the notice is sent to that number—the day it is sent; and (e) if the notice is sent to the electronic mail address of the athlete, support person or non‑participant—the day it is sent.
Note: For service by post to an address in Australia or an external Territory, see Evidence Act 1995, section 160.
(3) However, subclause (4) applies if: (a) the notice cannot be: (i) delivered personally; or (ii) sent to the athlete, support person or non‑participant by post or courier service; or (iii) sent to the athlete, support person or non‑participant by facsimile transmission; and (b) a notice (to which the notice to the athlete, support person or non‑participant is attached in a sealed envelope addressed to the athlete, support person or non‑participant) is sent to a sporting administration body of which the athlete, support person or non‑participant is a member at its address last known to the CEO asking the organisation to send the envelope to the athlete, support person or non‑participant. (4) The athlete, support person or non‑participant is taken to have received the notice 10 days after the date it is sent.
Subject to subsection 14(5) of the Act, an athlete, support person or non‑participant may waive his or her rights as permitted by the NAD scheme: (a) by written notice; or (b) unless the NAD scheme states that the waiver must be by written notice—orally.
(1) For subsection 19(1) of the Act, the CEO and ASDMAC are authorised to charge fees for performing their functions under the NAD scheme (including functions mentioned in clause 1.02). (2) The CEO and ASDMAC may, from time to time, determine the fees that may be charged under subclause (1) and publish a schedule of those fees. (3) Any fees charged under this clause must be reasonably related to the costs or expenses incurred or to be incurred by the CEO or ASDMAC in relation to the functions for which the fee is charged. (4) The fees to be charged must be published on Sport Integrity Australia’s website.
In this Division:
amending regulation means the Australian Sports Anti‑Doping Authority Amendment (World Anti‑Doping Code and Other Measures) Regulation 2014.
(1) The NAD scheme, as in force after the commencement of the amending regulation, applies in relation to an anti‑doping rule violation, whether the violation occurred before or after that commencement. (2) A reference in subclause (1) to an anti‑doping rule violation includes a reference to an anti‑doping rule violation arising because of subclause 1.04(1) of this Schedule, as in force immediately before the commencement of the amending regulation.
Clause 2.01K of this Schedule, as inserted by the amending regulation, applies: (a) in relation to association with a support person described in article 2.10.1 of the World Anti‑Doping Code—whether the conduct constituting the anti‑doping rule violation by reason of which the person is serving a period of ineligibility was engaged in before, on or after 1 January 2015; and (b) in relation to association with a support person described in article 2.10.2 of the World Anti‑Doping Code—whether the conduct that would have constituted a violation of anti‑doping rules (as mentioned in that article) was engaged in before, on or after 1 January 2015; and (c) in relation to association with a support person described in article 2.10.3 of the World Anti‑Doping Code—whether the conduct, by reason of which the individual for whom the support person is serving as a front or intermediary is an individual described in article 2.10.1 or 2.10.2 of that Code, was engaged in before, on or after 1 January 2015.
(1) For the purposes of paragraph 1.02(1)(g) of this Schedule, a referral to the ASADA as mentioned in that paragraph before the commencement of this clause has effect on and after that commencement as if it were a referral to Sport Integrity Australia. (2) For the purposes of subclause 1.03(2) of this Schedule, information given to the ASADA as mentioned in that subclause before the commencement of this clause has effect on and after that commencement as if it were information given to Sport Integrity Australia.
If: (a) an identity card mentioned in clause 3.06 of this Schedule was in effect immediately before the commencement of this clause; and (b) the card displayed the signature of a person who was a member of ASADA staff immediately before that commencement; then, while that person is a member of Sport Integrity Australia staff, the card has effect on and after that commencement as if it displayed the signature of that person as a member of Sport Integrity Australia staff.
(1) A person who was an ASADA representative immediately before the commencement of this clause is taken on and after that commencement to be a Sport Integrity Australia representative. (2) A direction given before the commencement of this clause in relation to an ASADA representative as mentioned in paragraph 3.08(2)(a) of this Schedule has effect on and after that commencement as if it had been given in relation to a Sport Integrity Australia representative. (3) If, before the commencement of this clause, a thing was done by, or in relation to, an ASADA representative for the purposes of the NAD scheme, then the thing has effect, on and after that commencement, as if it had been done by, or in relation to, a Sport Integrity Australia representative.
(1) A disclosure notice given before the commencement of this clause that included information about how to contact the ASADA as mentioned in paragraph 3.26B(5)(d) of this Schedule has effect on and after that commencement as if it included information about how to contact Sport Integrity Australia. (2) A notice given before the commencement of this clause that included a statement that the ASADA may publicly disclose details of an assertion as mentioned in paragraph 4.07A(3)(g) of this Schedule has effect on and after that commencement as if it included a statement that Sport Integrity Australia may publicly disclose details of an assertion. (3) A notice given before the commencement of this clause to ASADA as mentioned in paragraph 5A.01(1)(c) of this Schedule has effect on and after that commencement as if it had been a notice given to Sport Integrity Australia.
If, at any time before the commencement of this clause, a person was a national level athlete in a registered testing pool as mentioned in paragraph 5A.01(1)(a) of this Schedule, then, on and after that commencement, the person remains a person who was a national level athlete in a registered testing pool for the purposes of that paragraph.
The amendments of clause 4.07A of this Schedule made by Schedule 2 to the Australian Sports Anti‑Doping Authority Amendment (Sport Integrity Australia) Regulations 2020 apply in relation to evidence or information showing a possible non‑presence anti‑doping rule violation that the CEO receives on or after the commencement of this clause.
Notice of adverse analytical finding (1) If: (a) a notice was given to a participant under subclause 4.06(2) before the commencement of this clause; and (b) the response period for the notice had not ended immediately before that commencement; and (c) the notice included the matter referred to in paragraph 4.06(2)(d), as in force at the time the notice was given; then the notice is taken to have included the matter referred to in that paragraph, as amended by the Sport Integrity Australia Amendment (Enhancing Australia’s Anti‑Doping Capability) Regulations 2020. Notice of possible anti‑doping rule violation (2) If: (a) a notice was given to a participant under subclause 4.07A(2) before the commencement of this clause; and (b) the response period for the notice had not ended immediately before that commencement; and (c) the notice included a statement referred to in paragraph 4.07A(3)(d), as in force at the time the notice was given; then the notice is taken to have included the statement referred to in that paragraph, as amended by the Sport Integrity Australia Amendment (Enhancing Australia’s Anti‑Doping Capability) Regulations 2020. No final decision by ADRVP (3) If: (a) a notice was given to a participant under subclause 4.06(2) or 4.07A(2) before the commencement of this clause; and (b) immediately before that commencement, the ADRVP had not made a decision of a kind referred to in subclause 4.10(1), as in force immediately before that commencement; then clause 4.08, as substituted by the Sport Integrity Australia Amendment (Enhancing Australia’s Anti‑Doping Capability) Regulations 2020, applies in relation to that notice. Notice—ADRVP not satisfied of possible anti‑doping rule violation (4) If: (a) a notice was given to a participant under subclause 4.06(2) or 4.07A(2) before the commencement of this clause; and (b) the ADRVP had made a decision under subclause 4.08(6) or 4.09(7) before that commencement not to make an assertion in relation to the participant; then: (c) on and after that commencement, the CEO is taken to have made that decision; and (d) if notice had not been given under clause 4.11 in relation to that decision before that commencement—the CEO must give notice of that decision in accordance with subclause 4.08(5), as substituted by the Sport Integrity Australia Amendment (Enhancing Australia’s Anti‑Doping Capability) Regulations 2020. Notice—ADRVP assertion of possible anti‑doping rule violation (5) If: (a) a notice was given to a participant under subclause 4.06(2) or 4.07A(2) before the commencement of this clause; and (b) the ADRVP had made an assertion under subclause 4.09(5) before that commencement in relation to the participant; then: (c) on and after that commencement, the CEO is taken to have made that assertion under subclause 4.08(2), as substituted by the Sport Integrity Australia Amendment (Enhancing Australia’s Anti‑Doping Capability) Regulations 2020; and (d) if notice had not been given under clause 4.11 in relation to that assertion before that commencement—the CEO must give notice of that assertion in accordance with subclause 4.08(4), as substituted by the Sport Integrity Australia Amendment (Enhancing Australia’s Anti‑Doping Capability) Regulations 2020; and (e) if notice had not been given under subclause 4.17(1) in relation to that assertion before that commencement—the CEO must give notice of that assertion in accordance with subclause 4.17(1), as amended by the Sport Integrity Australia Amendment (Enhancing Australia’s Anti‑Doping Capability) Regulations 2020. Review by Administrative Appeals Tribunal (6) Clause 4.12, as in force immediately before the commencement of this clause, continues to apply on and after that commencement in relation to a notice given under clause 4.11 before that commencement. Legal proceedings (7) If, immediately before the commencement of this clause, the ADRVP was a party to proceedings pending in any court or tribunal, the CEO is substituted for the ADRVP as a party to the proceedings on and after that commencement.
The repeal and substitution of subclause 1.06(1) of this Schedule made by Schedule 1 to the Sport Integrity Australia Amendment (World Anti‑Doping Code Review) Regulations 2020 applies in relation to competing in sport that occurs on or after the commencement of this clause.
The repeal and substitution of clause 1.07 of this Schedule made by Schedule 1 to the Sport Integrity Australia Amendment (World Anti‑Doping Code Review) Regulations 2020 applies in relation to involvement in a sport that occurs on or after the commencement of this clause.
Clause 1.07A of this Schedule, as inserted by Schedule 1 to the Sport Integrity Australia Amendment (World Anti‑Doping Code Review) Regulations 2020, applies on and after the commencement of this clause in relation to a non‑participant, whether the non‑participant became bound by the sporting administration body’s anti‑doping policy before, on or after that commencement.
(1) The amendments of clause 2.01D of this Schedule made by Schedule 1 to the Sport Integrity Australia Amendment (World Anti‑Doping Code Review) Regulations 2020 apply in relation to a violation of an anti‑doping rule under that clause that occurs on or after the commencement of this clause. (2) For the purposes of subclause (1), a missed test, or filing failure, within the meaning of the International Standard for Testing and Investigations, that occurred before the commencement of this clause is taken on and after that commencement to be a missed test, or filing failure, within the meaning of the International Standard for Results Management. (3) The repeal and substitution of clause 2.01E of this Schedule made by Schedule 1 to the Sport Integrity Australia Amendment (World Anti‑Doping Code Review) Regulations 2020 applies in relation to a violation of an anti‑doping rule under that clause that occurs on or after the commencement of this clause. (4) The amendments of clause 2.01F of this Schedule made by Schedule 1 to the Sport Integrity Australia Amendment (World Anti‑Doping Code Review) Regulations 2020 apply in relation to possession of any prohibited substance or any prohibited method on or after the commencement of this clause. (5) The amendments of clause 2.01G of this Schedule made by Schedule 1 to the Sport Integrity Australia Amendment (World Anti‑Doping Code Review) Regulations 2020 apply in relation to trafficking or attempted trafficking, in relation to a prohibited substance or prohibited method, that occurs on or after the commencement of this clause. (6) The amendments of clause 2.01H of this Schedule made by Schedule 1 to the Sport Integrity Australia Amendment (World Anti‑Doping Code Review) Regulations 2020 apply in relation to administration or attempted administration, in relation to a prohibited substance or prohibited method, that occurs on or after the commencement of this clause. (7) The amendment made by item 75 of Schedule 1 to the Sport Integrity Australia Amendment (World Anti‑Doping Code Review) Regulations 2020 applies in relation to attempted complicity that occurs on or after the commencement of this clause. (8) The amendment made by item 76 of Schedule 1 to the Sport Integrity Australia Amendment (World Anti‑Doping Code Review) Regulations 2020 applies in relation to a violation of Article 10.14.1 of the World Anti‑Doping Code that occurs on or after the commencement of this clause. (9) Clause 2.01J and the other provisions of this Schedule, as in force immediately before the commencement of this clause, continue to apply on and after that commencement in relation to a violation of Article 10.12.1 of the World Anti‑Doping Code that occurred before that commencement. (10) The amendments of clause 2.01K of this Schedule made by Schedule 1 to the Sport Integrity Australia Amendment (World Anti‑Doping Code Review) Regulations 2020 apply in relation to a violation of an anti‑doping rule under that clause that occurs on or after the commencement of this clause. (11) Clause 2.01K and the other provisions of this Schedule, as in force immediately before the commencement of this clause, continue to apply on and after that commencement in relation to association with a support person described in Article 2.10.1, 2.10.2 or 2.10.3 of the World Anti‑Doping Code that occurred before that commencement. (12) Subclause 2.01L(1) of this Schedule, as added by Schedule 1 to the Sport Integrity Australia Amendment (World Anti‑Doping Code Review) Regulations 2020, applies in relation to an act that occurs on or after the commencement of this clause, whether the alleged anti‑doping rule violation or alleged non‑compliance with the World Anti‑Doping Code referred to in paragraph 2.01L(1)(a) of this Schedule occurred before, on or after that commencement. (13) Subclause 2.01L(2) of this Schedule, as added by Schedule 1 to the Sport Integrity Australia Amendment (World Anti‑Doping Code Review) Regulations 2020, applies in relation to an act that occurs on or after the commencement of this clause, whether the evidence or information referred to in paragraph 2.01L(2)(a) of this Schedule was provided before, on or after that commencement.
(1) The amendment of clause 3.12 of this Schedule made by Schedule 1 to the Sport Integrity Australia Amendment (World Anti‑Doping Code Review) Regulations 2020 applies in relation to a request for a sample made on or after the commencement of this clause. (2) Clause 3.12A of this Schedule, as inserted by Schedule 1 to the Sport Integrity Australia Amendment (World Anti‑Doping Code Review) Regulations 2020, applies in relation to a sample given on or after the commencement of this clause. (3) The amendments of clauses 3.16 and 3.19 of this Schedule made by Schedule 1 to the Sport Integrity Australia Amendment (World Anti‑Doping Code Review) Regulations 2020 apply in relation to a request for a sample made on or after the commencement of this clause. (4) The amendments of clause 3.20 of this Schedule made by Schedule 1 to the Sport Integrity Australia Amendment (World Anti‑Doping Code Review) Regulations 2020 apply in relation to a permission given on or after the commencement of this clause. (5) The amendments of clause 3.24 of this Schedule, and the repeal of clause 3.25 of this Schedule, made by Schedule 1 to the Sport Integrity Australia Amendment (World Anti‑Doping Code Review) Regulations 2020 apply in relation to a sample given on or after the commencement of this clause.
(1) The following amendments apply in relation to notice the CEO receives, on or after the commencement of this clause, from a recognised laboratory of an atypical finding or an adverse analytical finding in relation to an A sample provided by an athlete: (a) the amendment of Division 4.1 of Part 4 of this Schedule made by Schedule 1 to the Sport Integrity Australia Amendment (World Anti‑Doping Code Review) Regulations 2020; (b) the amendments of Divisions 4.3, 4.4 and 4.5 of Part 4 of this Schedule made by Schedule 1 to those regulations, so far as they relate to the amendment covered by paragraph (a). (2) The following amendments apply in relation to evidence or information the CEO receives, on or after the commencement of this clause, showing a possible non‑presence anti‑doping rule violation: (a) the amendments of Division 4.2 of Part 4 of this Schedule made by Schedule 1 to the Sport Integrity Australia Amendment (World Anti‑Doping Code Review) Regulations 2020; (b) the amendments of Divisions 4.3, 4.4 and 4.5 of Part 4 of this Schedule made by Schedule 1 to those regulations, so far as they relate to the amendments covered by paragraph (a). (3) The amendments of clause 4.21 of this Schedule made by Schedule 1 to the Sport Integrity Australia Amendment (World Anti‑Doping Code Review) Regulations 2020 apply in relation to the disclosure of information, documents or things on or after the commencement of this clause, whether the information, documents or things were obtained before, on or after that commencement. (3) Clause 4.22A of this Schedule, as added by Schedule 1 to the Sport Integrity Australia Amendment (World Anti‑Doping Code Review) Regulations 2020, applies in relation to notice referred to in Article 14.3.1 of the World Anti‑Doping Code that is provided on or after the commencement of this clause.
(1) This Division contains the anti‑doping rules. An anti‑doping rule is a provision that provides that a particular circumstance, or particular conduct, constitutes a violation of an anti‑doping rule. The CEO makes assertions about anti‑doping rule violations. (2) Athletes, support persons and non‑participants are responsible for knowing what constitutes an anti‑doping rule violation and the substances and methods that have been included on the prohibited list.
(1) Presence of a prohibited substance or its metabolites or markers in an athlete’s sample constitutes a violation of an anti‑doping rule. (2) It is the athlete’s personal duty to ensure that no prohibited substance enters his or her body. Athletes are responsible for a prohibited substance or its metabolites or markers found to be present in their samples. Accordingly, it is not necessary that intent, fault, negligence or knowing use on the athlete’s part be demonstrated in order to establish an anti‑doping rule violation under this clause. (3) Sufficient proof of an anti‑doping rule violation under this clause is established: (a) by the presence of a prohibited substance or its metabolites or markers in the athlete’s A sample if the athlete waives analysis of the B sample and the B sample is not analysed; or (b) if the athlete’s B sample is analysed and the analysis of the athlete’s B sample confirms the presence of the prohibited substance or its metabolites or markers found in the athlete’s A sample; or (c) if the athlete’s A or B sample is split into 2 parts and the analysis of the confirmation part of the split sample confirms the presence of the prohibited substance or its metabolites or markers found in the first part of the split sample or the athlete waives analysis of the confirmation part of the split sample. (4) Excepting those substances for which a decision limit is specifically identified in the prohibited list or a technical document, the presence of any reported quantity of a prohibited substance or its metabolites or markers in an athlete’s sample constitutes a violation of an anti‑doping rule. (5) As an exception to the general rule established by this clause, the prohibited list, International Standards or technical documents may establish special criteria for reporting or the evaluation of certain prohibited substances.
(1) Use or attempted use by an athlete of a prohibited substance or a prohibited method constitutes a violation of an anti‑doping rule. (2) It is the athlete’s personal duty to ensure that no prohibited substance enters his or her body and that no prohibited method is used. Accordingly, it is not necessary that intent, fault, negligence or knowing use on the athlete’s part be demonstrated in order to establish an anti‑doping rule violation under this clause. (3) The success or failure of the use or attempted use of a prohibited substance or prohibited method is not material. It is sufficient that the prohibited substance or prohibited method was used or attempted to be used for an anti‑doping rule violation to be committed. (4) In the NAD scheme:
use, in relation to a prohibited substance or prohibited method, means the utilisation, application, ingestion, injection or consumption by any means of the prohibited substance or prohibited method.
Evading sample collection, or refusing or failing to submit to sample collection without compelling justification after notification by a duly authorised person, constitutes a violation of an anti‑doping rule.
Any combination of 3 missed tests or filing failures (or both), as defined in the International Standard for Results Management, within a 12 month period by an athlete in a registered testing pool, constitutes a violation of an anti‑doping rule.
Tampering or attempted tampering with any part of doping control constitutes a violation of an anti‑doping rule.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
These Regulations are the Sport Integrity Australia Regulations 2020.
In these Regulations:
Act means the Sport Integrity Australia Act 2020.
ASDMAC review function has the meaning given by subregulation 6(5).
For section 9 of the Act, the NAD scheme is prescribed in Schedule 1.
For the definition of relevant international anti‑doping instrument in section 4 of the Act, the international anti‑doping instruments mentioned in Schedule 2 are prescribed.
For subsection 68B(2) of the Act, a circumstance in which the CEO may disclose protected information is that the CEO is satisfied that the protected information will enable or assist a body or person referred to in subsection 68B(3) of the Act to perform or exercise any of its functions, duties or powers.
Functions other than ASDMAC review functions (1) A function of the ASDMAC (other than an ASDMAC review function) may only be performed by the ASDMAC at a meeting of ASDMAC members other than ASDMAC review members.
Note: See subsection 65(2) of the Act for when a resolution is taken to have been passed at a meeting of ASDMAC members (other than ASDMAC review members).
(2) A function of the ASDMAC (other than an ASDMAC review function) may only be performed under a delegation under section 66 of the Act if: (a) the delegation was made by the ASDMAC at a meeting of ASDMAC members other than ASDMAC review members; and (b) the delegate complies with any direction given by the ASDMAC at such a meeting (subject to any variation or revocation of the direction by the ASDMAC at such a meeting). ASDMAC review functions (3) An ASDMAC review function may only be performed by the ASDMAC at a meeting of ASDMAC review members.
Note: See subsection 65(2A) of the Act for when a resolution is taken to have been passed at a meeting of ASDMAC review members.
(4) An ASDMAC review function may only be performed under a delegation under section 66 of the Act if: (a) the delegation was made by the ASDMAC at a meeting of ASDMAC review members; and (b) the delegate complies with any direction given by the ASDMAC at such a meeting (subject to any variation or revocation of the direction by the ASDMAC at such a meeting). (5) In these Regulations:
ASDMAC review function means:
(a) a function of the ASDMAC under subclause 5.01(2), (2B), (2C) or (2D) of Schedule 1 (review of decisions relating to therapeutic use exemptions); and
(b) a function of the ASDMAC under subclause 5.01(7) of Schedule 1 (consultation with CEO) to the extent that the function relates to a function mentioned in paragraph (a) of this definition; and
(c) a function of the ASDMAC under subclause 5.01(8) of Schedule 1 (ASDMAC participation in review or appeal of ASDMAC decisions) to the extent that the function relates to a decision made by the ASDMAC at a meeting of ASDMAC review members.
(1) The ASDMAC Chair must convene as many meetings as are necessary for the efficient performance of the ASDMAC’s functions. (2) The Minister, the CEO or at least 2 ASDMAC primary members may request the ASDMAC Chair to convene a meeting of the ASDMAC for the purpose of performing a function of the ASDMAC (other than an ASDMAC review function). (3) The Minister, the CEO or at least 2 ASDMAC review members may request the ASDMAC Chair to convene a meeting of the ASDMAC for the purpose of performing an ASDMAC review function. (4) A request under subregulation (2) or (3) must be in writing, except for a request by the CEO which may be made orally. (5) The ASDMAC Chair must comply with a request under subregulation (2) or (3) as soon as practicable.
(1) The quorum for a meeting of the ASDMAC for the purpose of performing a function other than an ASDMAC review function is 3 ASDMAC members (other than ASDMAC review members). (2) The quorum for a meeting of the ASDMAC for the purpose of performing an ASDMAC review function is 2 ASDMAC review members.
(1) If the ASDMAC Chair is to be absent from a meeting of ASDMAC members (other than ASDMAC review members), the ASDMAC Chair may nominate an ASDMAC primary member to chair the meeting. (2) The ASDMAC Chair may, when convening a meeting of ASDMAC review members, nominate one of those members to chair the meeting. (3) If the ASDMAC Chair does not make a nomination under subregulation (1) or (2), the ASDMAC members present at the meeting must elect one of their number to chair the meeting.
(1) Each ASDMAC member present and voting at a meeting of the ASDMAC (including the member chairing the meeting) has a single vote. (2) Each question arising at a meeting of the ASDMAC must be decided by a majority of the votes of the ASDMAC members present and voting. (3) If the votes on a question to be decided are equal, the ASDMAC member chairing the meeting may decide the question.
Note: Section 33B of the Acts Interpretation Act 1901 provides for meetings by telephone etc.
(4) However, if: (a) the question to be decided is whether to affirm or set aside a decision (the original decision) under subclause 5.01(2B) of Schedule 1 (review of therapeutic use exemption decisions); and (b) the votes on the question are equal; the ASDMAC review members present at the meeting are taken to have affirmed the original decision.
Subject to this Part, the ASDMAC may conduct its meetings as it considers appropriate.
The ASDMAC must keep minutes of its meetings and records of any resolutions taken to have been passed at its meetings.
For subparagraph 54(2)(b)(iv) of the Act, the field of a person with a knowledge of sport and experience in the medical management of athletes is specified.
Information, documents or things disclosed to the Australian Customs Service under subclause 4.21(2) of Schedule 1 before 1 July 2015 are taken on and after that day to have been information, documents or things disclosed to the Department administered by the Minister administering Part XII of the Customs Act 1901.
The definition of authorised person in regulation 1A, and Part 5, as in force immediately before the commencement of this regulation, continue to apply on and after that commencement in relation to alleged contraventions of civil penalty provisions of the Act occurring before the commencement of Schedule 2 to the Regulatory Powers (Standardisation Reform) Act 2017.
This instrument establishes the NAD scheme for section 9 of the Act, which is a scheme about the following matters: (1) the implementation of the General Anti‑Doping Convention; (2) the implementation of the UNESCO Anti‑Doping Convention, in particular Article 3(a) which obliges States Parties to adopt appropriate measures consistent with the principles of the World Anti‑Doping Code; (3) ancillary or incidental matters.
(1) Without limiting the functions conferred on the CEO by specific provisions of the Act and any other provision of the NAD scheme, the CEO is authorised to exercise the following powers and functions: (a) planning, implementing, evaluating and monitoring education and information programs for doping‑free sport for all participants and non‑participants;
Note: This is in addition to the function conferred by paragraph 21(1)(f) of the Act.
(b) encouraging and promoting research relevant to sports drug and safety matters, including research of a kind referred to in Article 19.2 of the World Anti‑Doping Code;
Note: This is in addition to the function conferred by paragraph 21(1)(g) of the Act.
(c) having the role and responsibility of a National Anti‑Doping Organisation for Australia under the UNESCO Anti‑Doping Convention and the World Anti‑Doping Code, including performance of functions internationally that relate to that role and responsibility;
(d) providing services relating to sports drug and safety matters to a sporting administration body in accordance with contractual arrangements with the body on behalf of the Commonwealth;
Note: This is in addition to the function conferred by paragraph 21(1)(k) of the Act.
(e) undertaking results management for a sporting administration body regardless of whether or not the CEO has conducted the sample collection;
(f) delegating results management responsibilities to anti‑doping organisations in accordance with the World Anti‑Doping Code;
(g) functions about performance of activities relating to sports doping and safety matters referred to Sport Integrity Australia or the CEO by a sporting administration body.
(2) Anything done by the CEO under a contractual arrangement in performance of a function mentioned in subclause (1) is taken to be done under the NAD scheme. (3) Anything done by the CEO in performance of a function mentioned in subclause (1) is taken to be done under the NAD scheme even if it could have been done under the Act.
(1) Without limiting the functions conferred on the CEO by specific provisions of the Act and any other provision of the NAD scheme, the CEO is authorised to notify athletes, support persons, non‑participants and sporting administration bodies of assertions made by the CEO, in accordance with clauses 4.08 and 4.17.
Note: See paragraph 13(1)(j) of the Act.
(2) The CEO is also authorised to provide recommendations to sporting administration bodies as to the consequences of those assertions.
Note: See paragraph 13(1)(ja) of the Act.
(3) The CEO is also authorised to present: (a) assertions; and (b) recommendations by the CEO in relation to assertions; and (c) additional information; at hearings of the Court of Arbitration for Sport and other sporting tribunals in accordance with clause 4.13.
Note: See paragraph 13(1)(k) of the Act.
Exercise of powers in relation to requests from sporting administration bodies (1) The CEO is authorised to exercise powers under the NAD scheme in order to cooperate with a request from a sporting administration body if the request is reasonably necessary to enforce or give effect to the World Anti‑Doping Code and other relevant international anti‑doping instruments. Exercise of powers in relation to requests to sporting administration bodies (2) The CEO is authorised to use information about an athlete, support person or non‑participant that was given to Sport Integrity Australia or is given to the CEO by a sporting administration body as if it were information that was obtained by an investigation by the CEO under the NAD scheme if the CEO requested the sporting administration body to provide, or obtain and provide, the information.
Note: Regulation 4 prescribes additional relevant international anti‑doping instruments for the Act.
In exercising powers for the NAD scheme and making recommendations, the CEO must have regard to: (a) the World Anti‑Doping Code (including the comments annotating various provisions of the World Anti‑Doping Code); and (b) other relevant international anti‑doping instruments.
Note: Regulation 4 prescribes additional relevant international anti‑doping instruments for the Act.
Note 1: A number of expressions used in the NAD scheme are defined in the Act, including the following:
(a) anti‑doping rule violation;
(b) athlete;
(ba) non‑participant;
(c) support person.
Note 2: In accordance with the definition of World Anti‑Doping Code in section 4 of the Act, a reference to the World Anti‑Doping Code is a reference to the World Anti‑Doping Code as in force from time to time.
In the NAD scheme:
Act means the Sport Integrity Australia Act 2020.
administration, in relation to a prohibited substance or prohibited method, has the meaning given by subclause 2.01H(2).
adverse analytical finding means a report from a recognised laboratory that, consistent with the International Standard for Laboratories, establishes in a sample the presence of a prohibited substance or its metabolites or markers or evidence of the use of a prohibited method.
anti‑doping organisation means WADA or a signatory to the World Anti‑Doping Code that is responsible for adopting rules for initiating, implementing or enforcing part of the doping control process, including:
(a) the International Olympic Committee; and
(b) the International Paralympic Committee; and
(c) major event organisations that conduct testing at their events; and
(e) International Sporting Federations; and
(f) national anti‑doping organisations; and
(g) regional anti‑doping organisations.
anti‑doping purpose has the meaning given by clause 3.12.
anti‑doping rules means the anti‑doping rules contained in Division 2.1.
A sample means the following:
(a) a sample given by an athlete that is contained within a bottle or container labelled ‘A’ or ‘Part 1’ in a sample collection kit;
(b) if a sample given by an athlete is split into 2 parts as mentioned in Article 6.7 of the World Anti‑Doping Code—the part that is contained within a bottle or container labelled ‘A’ or ‘Part 1’ in a sample collection kit.
assertion means an assertion made by the CEO under subclause 4.08(2).
attempt, for an anti‑doping rule violation, means purposely engaging in conduct that constitutes a substantial step in a course of conduct planned to culminate in the commission of an anti‑doping rule violation; however, there will be no anti‑doping rule violation based solely on an attempt to commit a violation if the person renounces the attempt before it is discovered by a third party not involved in the attempt.
atypical finding means a report from a recognised laboratory that requires further investigation as provided by the In
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