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Australian Sports Anti-Doping Authority Amendment Bill 2014

Schedule 2 Australian Sports Drug Medical Advisory Committee

   

Australian Sports Anti-Doping Authority Act 2006

1  Section 4

Insert:

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).

2  Section 4 (paragraph (b) of the definition of vacancy )

After “ASDMAC”, insert “primary”.

3  Paragraph 5(2)(a)

After “ASDMAC”, insert “primary”.

4  Subsection 5(2)

Omit “ASDMAC members in addition to the ASDMAC Chair”, substitute “ASDMAC primary members”.

5  Paragraph 53(b)

Omit “other”, substitute “primary”.

6  At the end of section 53

Add:

                   ; (c)  3 review members.

7  After subsection 54(2)

Insert:

       (2AA)  At least one person appointed as an ASDMAC primary member must possess general experience in the care and treatment of athletes with impairments.

8  Subsection 56(2)

Repeal the subsection, substitute:

Acting ASDMAC primary member

             (2)  The Minister may appoint a person to act as an ASDMAC primary member:

                     (a)  during a vacancy in the office of an ASDMAC primary member, whether or not an appointment has previously been made to the office; or

                     (b)  during any period, or during all periods, when an ASDMAC primary member:

                              (i)  is absent from duty or Australia; or

                             (ii)  is, for any reason, unable to perform the duties of the office.

Note:          For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901 .

Acting ASDMAC review member

          (2A)  The Minister may appoint a person to act as an ASDMAC review member:

                     (a)  during a vacancy in the office of an ASDMAC review member, whether or not an appointment has previously been made to the office; or

                     (b)  during any period, or during all periods, when an ASDMAC review member:

                              (i)  is absent from duty or Australia; or

                             (ii)  is, for any reason, unable to perform the duties of the office.

Note:          For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901 .

9  Paragraph 56(3)(b)

Repeal the paragraph, substitute:

                     (b)  an ASDMAC primary member; or

                     (c)  an ASDMAC review member;

10  After subsection 65(1)

Insert:

          (1A)  Regulations made for the purposes of paragraph (1)(b) may make different provision in relation to meetings of any or all of the following ASDMAC members:

                     (a)  the ASDMAC Chair;

                     (b)  ASDMAC primary members;

                     (c)  ASDMAC review members.

11  Subsection 65(2)

Omit “the ASDMAC if”, substitute “ASDMAC members (other than ASDMAC review members) if”.

12  Paragraphs 65(2)(a) and (b)

Before “ASDMAC members” (wherever occurring), insert “those”.

13  After subsection 65(2)

Insert:

          (2A)  A resolution is taken to have been passed at a meeting of ASDMAC review members if:

                     (a)  without meeting, a majority of the ASDMAC review members indicate agreement with the resolution in accordance with the method determined by the ASDMAC under subsection (4); and

                     (b)  all the ASDMAC review members were informed of the proposed resolution, or reasonable efforts had been made to inform all the ASDMAC review members of the proposed resolution.

14  Subsection 65(3)

After “(2)(a)”, insert “or (2A)(a)”.

15  Subsection 65(4)

After “Subsection (2)”, insert “or (2A)”.

16  Paragraph 65(4)(a)

Omit “it”, substitute “that subsection”.

17  Paragraph 65(4)(b)

After “which”, insert “the relevant”.

18  Transitional—ASDMAC members

If, immediately before the commencement of this Schedule, a person is an ASDMAC member (other than the Chair), the person is taken, on that commencement, to be an ASDMAC primary member.