Sports Drug Testing Act 2001

who represents, is selected to represent, or purports to represent, Western Australia in sporting competition, whether as an individual or as part of a team;

who is in a squad formed for the purpose of selecting a person or team to represent Western Australia in sporting competition;

who receives support (as defined in the Commonwealth Act) from the Government for the purposes of enabling or assisting the person to participate in, or train for participation in, sporting competition; or

whose name is entered on a register under the Commonwealth Act.

ASDA has the same functions in relation to WA competitors as are conferred on it by the Commonwealth Act in relation to Australian competitors.

Without limiting subsection (1) it is a function of ASDA to disseminate information about the use of drugs in sport including —

the possibility of WA competitors being requested to provide samples for testing and the procedures involved in providing and testing samples; and

the likely consequences for WA competitors who fail to comply with requests to provide samples or who record positive test results.

The Administrative Appeals Tribunal, and members and officers of that tribunal, have the same functions in relation to WA competitors as they have under the Commonwealth Act in relation to Australian competitors.

For the purposes of this section the Commonwealth Act is to be read as if —

references to a competitor or an Australian competitor were references to a WA competitor;

references to international sporting competition were references to national sporting competition;

references to representing Australia were references to representing Western Australia;

references to a national team were references to a Western Australian team;

references to something occurring within or outside Australia were references to it occurring within or outside Western Australia; and

any prescribed changes, and any other necessary changes, had been made.

Despite section 4, ASDA must not request a WA competitor who is under 18 to provide a sample unless it has first obtained the written consent of the competitor’s parent or guardian.

A refusal by the parent or guardian to give consent —

is not a failure by the competitor to provide a sample; and

is not grounds on which the competitor’s name may be entered on a register under the Commonwealth Act.

A consent for the purposes of this section may be given, or refused, either generally or in relation to a particular request.

Despite section 4, ASDA must not exercise any functions conferred by this Act unless there is in force an agreement between ASDA and the Minister about the performance of those functions.

An agreement between the Minister and ASDA may require ASDA to perform those functions in the manner, or subject to the conditions, provided in the agreement.