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This Act may be cited as the Sport Integrity Australia Act 2020.
Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information | ||
|---|---|---|
Column 1 | Column 2 | Column 3 |
Provision(s) | Commencement | Date/Details |
1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table | The day on which this Act receives the Royal Assent. | 7 March 2006 |
2. Sections 3 to 79 | A single day to be fixed by Proclamation. However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period. | 13 March 2006 (see F2006L00764) |
This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.
This Act establishes Sport Integrity Australia. It assists the CEO of Sport Integrity Australia. The CEO has functions in relation to matters relating to sports integrity, including threats to sports integrity.
This Act requires the making of a scheme called the National Anti‑Doping Scheme (known as the NAD scheme). The NAD scheme implements the General Anti‑Doping Convention and the UNESCO Anti‑Doping Convention. Certain matters must be in the NAD scheme (see Division 2 of Part 2).
The CEO maintains the Violations List, which contains information about certain persons who have been sanctioned in relation to an anti‑doping rule violation.
This Act also creates the Australian Sports Drug Medical Advisory Committee (known as the ASDMAC).
The ASDMAC has various functions, including those conferred on the ASDMAC by the NAD scheme (see section 52). The ASDMAC also gives advice and information to the CEO about sports doping and safety matters, and gives information to sporting administration bodies about individual cases that involve sports doping and safety matters.
This Act contains provisions about disclosing information obtained under or for the purposes of this Act or a legislative instrument made under this Act (see Part 8).
The object of this Act is to establish Sport Integrity Australia to prevent and address threats to sports integrity and to coordinate a national approach to matters relating to sports integrity in Australia, with a view to:
achieving fair and honest sporting performances and outcomes; and
promoting positive conduct by athletes, administrators, officials, supporters and other stakeholders, on and off the sporting arena; and
achieving a safe, fair and inclusive sporting environment at all levels; and
enhancing the reputation and standing of sporting contests and of sport overall.
In this Act:
Advisory Council means the Sport Integrity Australia Advisory Council established by section 26.
Advisory Council Chair means the Chair of the Advisory Council.
Advisory Council member means a member of the Advisory Council and includes the Advisory Council Chair.
anti‑doping rules has the meaning given by the NAD scheme.
anti‑doping rule violation means a violation of an anti‑doping rule.
anti‑doping testing service means a service for testing one or more athletes for the use of drugs or doping methods, where the testing is by means of testing a sample provided by each athlete.
ASC means the Australian Sports Commission.
ASDMAC means the Australian Sports Drug Medical Advisory Committee.
ASDMAC Chair means the Chair of the Australian Sports Drug Medical Advisory Committee.
ASDMAC member means a member of the Australian Sports Drug Medical Advisory Committee, and includes the ASDMAC Chair.
ASDMAC primary member means an ASDMAC member referred to in paragraph 53(b).
ASDMAC review member means an ASDMAC member referred to in paragraph 53(c).
athlete means a person:
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.
Australia, when used in a geographical sense, includes the external Territories.
CEO means the Chief Executive Officer of Sport Integrity Australia appointed in accordance with section 24A.
civil penalty provision has the same meaning as in the Regulatory Powers Act.
constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.
contract includes a deed.
designated associate has the meaning given by section 70.
disclose means divulge or communicate.
disclosure notice has the meaning given by subsection 13A(1).
doping method includes:
the manipulation or substitution of any human biological material in a manner that is capable of concealing the use of a drug by the individual concerned; and
the use of a substance in a manner that is capable of concealing the use of a drug by the individual concerned; and
a prohibited method within the meaning of the World Anti‑Doping Code; and
if the UNESCO Anti‑Doping Convention has entered into force for Australia—a prohibited method within the meaning of that Convention.
drug includes:
any substance (whether naturally occurring or otherwise); and
a prohibited substance within the meaning of the World Anti‑Doping Code; and
if the UNESCO Anti‑Doping Convention has entered into force for Australia—a prohibited substance within the meaning of that Convention.
entrusted person has the meaning given by section 69.
foreign country includes a region where:
the region is a colony, territory or protectorate of a foreign country; or
the region is part of a foreign country; or
the region is under the protection of a foreign country; or
a foreign country exercises jurisdiction or control over the region; or
a foreign country is responsible for the region’s international relations.
foreign sporting organisation means:
a Department of State of a foreign country, or a government agency in a foreign country, that oversees sport in that country; or
a national sporting organisation of a foreign country; or
an organisation established in a foreign country for the purpose of discouraging or eliminating the use of drugs and doping methods in sport; or
a recognised laboratory in a foreign country; or
an International Sporting Federation.
General Anti‑Doping Convention means:
the Anti‑Doping Convention, done at Strasbourg on 16 November 1989 [1994] ATS 33; or
if the Convention has been amended by any amendment that has entered into force for Australia—the Convention as so amended.
The text of the Convention is set out in Australian Treaty Series 1994 No. 33. In 2005, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).
ineligibility means an athlete or other person being barred on account of an anti‑doping rule violation for a specified period of time from participating in any competition or other activity or funding as provided in Article 10.14 of the World Anti‑Doping Code.
International Olympic Committee means the organisation created by the Congress of Paris on 23 June 1894, being the organisation entrusted with the control and development of the modern Olympic Games.
International Sporting Federation, in relation to a particular type of sporting event or sporting activity, means a body having international control over that sport or sporting event.
International Standard means a standard adopted by WADA in support of the World Anti‑Doping Code, including any technical documents issued pursuant to the standard.
matter relating to sports integrity includes a sports doping and safety matter.
NAD scheme or National Anti‑Doping Scheme means:
the scheme prescribed for the purposes of section 9; or
if the scheme has been amended under section 10—the scheme as so amended.
national sporting organisation, in relation to a particular sport, means:
in respect of Australia:
a sporting organisation that is recognised by the International Sporting Federation that has international control over the sport as being the organisation responsible for administering the affairs of the sport, or of a substantial part or section of the sport, in Australia; or
whether or not there is an International Sporting Federation that has international control over the sport—a sporting organisation that is recognised by the ASC as being responsible for administering the affairs of the sport, or of a substantial part or section of the sport, in Australia; or
in respect of a foreign country:
a sporting organisation that is recognised by the International Sporting Federation that has international control over the sport as being the organisation responsible for administering the affairs of the sport, or of a substantial part or section of the sport, in that country; or
if there is no International Sporting Federation that has international control over the sport—a sporting organisation that is generally recognised as being responsible for administering the affairs of the sport, or of a substantial part or section of the sport, in that country.
non‑participant means a person:
who is neither an athlete nor a support person; and
who is bound by a sporting administration body’s anti‑doping policy.
protected information means information that:
was obtained under or for the purposes of this Act or a legislative instrument made under this Act; and
relates to the affairs of a person (other than an entrusted person); and
identifies, or is reasonably capable of being used to identify, the person.
publish means publish on the internet or otherwise.
recognised laboratory means:
a laboratory that WADA recognises as an accredited laboratory for the purpose of testing for drugs and doping methods in sport; or
a laboratory approved by WADA.
registered medical practitioner means a medical practitioner within the meaning of:
for a State or Territory other than Western Australia—the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 (Qld), as it applies (with or without modification) as a law of the State or Territory; or
for Western Australia—the Health Practitioner Regulation National Law (WA) Act 2010 (WA), so far as that Act corresponds to the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 (Qld).
Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.
relevant international anti‑doping instrument means:
the World Anti‑Doping Code; or
an International Standard; or
an international agreement to which Australia is a party, if the agreement is prescribed by the regulations for the purposes of this definition.
sample means any human biological material.
sporting administration body means:
the International Olympic Committee; or
WADA; or
a National Anti‑Doping Organization as defined in the World Anti‑Doping Code; or
a foreign sporting organisation; or
a national sporting organisation; or
a sporting organisation; or
a tribunal, committee or other investigative body that is associated with a body referred to in one or more of paragraphs (a) to (f); or
the ASC;
but does not include Sport Integrity Australia.
sporting competition means a sporting event or a series of sporting events.
sporting event includes any sporting activity.
sporting organisation includes an organisation that:
has control in Australia, a foreign country or internationally of one or more sports or sporting events; or
organises or administers one or more sports or sporting events; or
accredits people to take part in sporting competition; or
provides teams to compete in sporting competition; or
trains, or provides finance for, people to take part in sporting competition.
sports doping and safety matter means:
a matter relating to drugs and/or doping methods in one or more sporting activities; or
a matter relating to the safety of athletes.
sports integrity means the manifestation of the ethics and values that promote community confidence in sport.
support person means an athlete support person within the meaning of the World Anti‑Doping Code.
threats to sports integrity include:
the manipulation of sporting competitions; and
the use of drugs or doping methods in sport; and
the abuse of children and other persons in a sporting environment; and
the failure to protect members of sporting organisations, and other persons in a sporting environment, from bullying, intimidation, discrimination or harassment.
UNESCO Anti‑Doping Convention means:
the International Convention Against Doping in Sport, adopted by the UNESCO General Conference at Paris on 19 October 2005; or
if the Convention has been amended by any amendment that has entered into force for Australia—the Convention as so amended.
In 2005, the text of the final draft of the UNESCO International Convention Against Doping in Sport was accessible through the UNESCO website (www.unesco.org).
vacancy, in relation to:
the office of an Advisory Council member; or
the office of an ASDMAC primary member;
has a meaning affected by section 5.
violation means breach.
Violations List means the list established under section 19A, as in force from time to time.
WADA means the World Anti‑Doping Agency established in November 1999 under the law of Switzerland.
WADA was established following a resolution by the World Conference on Doping in Sport convened by the International Olympic Committee in Lausanne in February 1999.
World Anti‑Doping Code means:
the World Anti‑Doping Code adopted by the Foundation Board of WADA on 5 March 2003 at Copenhagen; or
if the Code has been amended—the Code as so amended.
In 2005, the text of the World Anti‑Doping Code was accessible through the website of the World Anti‑Doping Agency (www.wada‑ama.org).
For the purposes of a reference in:
this Act to a vacancy in the office of an Advisory Council member; or
the Acts Interpretation Act 1901 to a vacancy in the membership of a body;
there are taken to be 10 offices of Advisory Council members in addition to the Advisory Council Chair.
For the purposes of a reference in:
this Act to a vacancy in the office of an ASDMAC primary member; or
the Acts Interpretation Act 1901 to a vacancy in the membership of a body;
there are taken to be 6 offices of ASDMAC primary members.
This Act binds the Crown in each of its capacities.
This Act does not make the Crown liable to be prosecuted for an offence.
This Act extends to every external Territory.
This Act extends to acts, omissions, matters and things outside Australia (unless the contrary intention appears).
The regulations must prescribe a scheme, known as the NAD scheme. The NAD scheme implements the General Anti‑Doping Convention and the UNESCO Anti‑Doping Convention.
Certain matters must be in the NAD scheme (see Division 2). For example, the NAD scheme must:
contain the anti‑doping rules; and
authorise the CEO to test samples provided by athletes; and
authorise the CEO to investigate possible violations of the anti‑doping rules; and
contain rules (known as sporting administration body rules) that are applicable to certain sporting administration bodies.
The NAD scheme must authorise the CEO to give a person a disclosure notice in certain circumstances. A disclosure notice can require a person to attend an interview to answer questions, to give specified information, or to produce specified documents or things. There are consequences for failing to comply with a disclosure notice (see section 13C).
The NAD scheme must comply with certain rights of athletes, support persons and non‑participants. These include notification rights.
The regulations must prescribe a scheme about any or all of the following matters:
the implementation of the General Anti‑Doping Convention;
if the UNESCO Anti‑Doping Convention has entered into force for Australia—the implementation of that Convention;
ancillary or incidental matters.
For NAD scheme or National Anti‑Doping Scheme, see section 4.
The CEO may, by legislative instrument, amend the NAD scheme, so long as:
the amendment relates to any or all of the following matters:
the classes of athletes who are subject to the NAD scheme;
the meaning of support person for the purposes of the NAD scheme;
the classes of non‑participants who are subject to the NAD scheme;
a request to an athlete to keep the CEO informed of where the athlete can be found;
the things that an athlete may do before providing a sample;
the things that the CEO may do with a sample;
the disclosure of information, other than information included in the Violations List, that relates, or appears to relate, to a person in connection with a possible breach of the anti‑doping rules;
a matter that is ancillary or incidental to one or more of the matters mentioned in subparagraphs (i) to (vi); and
the amended NAD scheme is about any or all of the following matters:
the implementation of the General Anti‑Doping Convention or the UNESCO Anti‑Doping Convention;
a matter that is ancillary or incidental to one or both of the matters mentioned in subparagraph (i).
For public consultation requirements, see section 11.
To avoid doubt, the regulations may also amend the NAD scheme in relation to a matter mentioned in paragraph (1)(a).