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Australian Sports Anti-Doping Authority Amendment Bill 2014

Schedule 6 Simplified outlines

   

Australian Sports Anti-Doping Authority Act 2006

1  After section 2

Insert:

3   Simplified outline of this Act

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).

This Act establishes a body called the Australian Sports Anti-Doping Authority (known as the ASADA). The ASADA assists the CEO of ASADA. The CEO has functions relating to the NAD scheme and other sports doping and safety matters. The CEO also 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 an Advisory Group, the Anti-Doping Rule Violation Panel (known as the ADRVP) and the Australian Sports Drug Medical Advisory Committee (known as the ASDMAC).

The Advisory Group provides advice and recommendations to the CEO.

The ADRVP has various functions, including those conferred on the ADRVP by the NAD scheme (see section 41). The NAD scheme must authorise the ADRVP to make assertions relating to investigations of possible violations of the anti-doping rules, and require the ADRVP to notify the CEO of such assertions.

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).

2  Before Division 1 of Part 2

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Division 1A Simplified outline of this Part

8A   Simplified outline of this Part

The regulations must prescribe a scheme, known as the NAD scheme. The NAD scheme implements the General Anti-Doping Convention and the UNESCO Anti-Doping Convention.

Certain matters must be in the NAD scheme (see Division 2). For example, the NAD scheme must:

       (a)     contain the anti-doping rules; and

      (b)     authorise the CEO to test samples provided by athletes; and

       (c)     authorise the CEO to investigate possible violations of the anti-doping rules; and

      (d)     contain rules (known as sporting administration body rules) that are applicable to certain sporting administration bodies.

The NAD scheme must authorise the CEO to give a person a disclosure notice in certain circumstances. A disclosure notice can require a person to attend an interview to answer questions, to give specified information, or to produce specified documents or things. There are consequences for failing to comply with a disclosure notice (see section 13C).

The NAD scheme must comply with certain rights of athletes and support persons. These include notification and review rights.

3  Before section 19A

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19AA   Simplified outline of this Part

This Part requires the CEO to establish and maintain a list, known as the Violations List.

If the CEO becomes aware that an athlete or support person has been sanctioned by a sporting administration body in relation to an anti-doping rule violation, the CEO must generally include certain information in the Violations List in relation to the violation.

The information includes details about the person, and the nature and consequences of the violation. The CEO may also include other information.

The Violations List is to be made available for public inspection on the internet.

4  Before section 20

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20AA   Simplified outline of this Part

This Part establishes the Australian Sports Anti-Doping Authority (known as the ASADA).

The ASADA’s function is to assist the CEO of the ASADA in performing his or her functions.

5  Before Division 1 of Part 3A

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Division 1A Simplified outline of this Part

20CA   Simplified outline of this Part

This Part provides for the CEO’s appointment and sets out the terms and conditions of appointment.

The CEO has various functions, including functions relating to the NAD scheme and other sports doping and safety matters (see section 21).

The CEO must have regard to advice and recommendations given to the CEO by the Advisory Group or an advisory committee. The CEO is subject to direction by the Minister.

This Part also makes provision for staff of the ASADA and for consultants to assist the CEO.

The CEO may delegate his or her functions and powers.

6  Before Division 1 of Part 4

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Division 1A Simplified outline of this Part

25AA   Simplified outline of this Part

This Part establishes the Advisory Group of the ASADA. Advisory Group members are appointed by the Minister.

The function of the Advisory Group is, at the request of the CEO, to provide advice and make recommendations to the CEO on a matter relating to the CEO’s functions.

This Part also sets out the terms and conditions of appointment for Advisory Group members, and includes provisions relating to meetings of the Advisory Group.

7  Before Division 1 of Part 5

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Division 1A Simplified outline of this Part

40A   Simplified outline of this Part

This Part establishes the Anti-Doping Rule Violation Panel (known as the ADRVP). The ADRVP members are appointed by the Minister.

The ADRVP has various functions, including the functions set out in the NAD scheme.

This Part also sets out the terms and conditions of appointment for ADRVP members, and includes provisions relating to meetings of the ADRVP.

8  Before section 50F

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50FA   Simplified outline of this Part

This Part deals with the application of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013 ).

9  Before Division 1 of Part 7

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Division 1A Simplified outline of this Part

51A   Simplified outline of this Part

This Part continues the Australian Sports Drug Medical Advisory Committee (known as the ASDMAC). The ASDMAC consists of the Chair, ASDMAC primary members, and ASDMAC review members. ASDMAC members are appointed by the Minister.

The ASDMAC has various functions, including:

       (a)     the functions conferred on the ASDMAC by the NAD scheme; and

      (b)     giving advice and information to the CEO and the Australian Sports Commission about the performance of the ASDMAC’s functions, and about sports doping and safety matters; and

       (c)     giving information to sporting administration bodies about individual cases that involve sports doping and safety matters; and

      (d)     providing services relating to sports doping and safety matters under contract on behalf of the Commonwealth.

This Part also sets out the terms and conditions of appointment for ASDMAC members, and includes provisions relating to meetings of the ASDMAC.

10  Before section 67

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67A   Simplified outline of this Part

This Part contains provisions about the disclosure of protected information.

Protected information is information that is obtained under or for the purposes of this Act or a legislative instrument made under this Act, and that relates to the affairs of a person and identifies, or is reasonably capable of being used to identify, the person.

It is an offence for the CEO, a member of the ASADA staff or of the ASDMAC or the ADRVP, or certain other persons, to disclose protected information (see section 67).

However, it is not an offence if the disclosure is authorised by this Part or is in compliance with a requirement of certain other laws. This Part authorises the disclosure of protected information in certain circumstances, including:

       (a)     if the disclosure is for the purposes of this Act; or

      (b)     if the disclosure is for the purpose of preventing or lessening a serious threat to the life or health of an individual; or

       (c)     if the disclosure is by the CEO for the purposes of the ASADA responding to certain public comments.

11  Before section 73A

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73AA   Simplified outline of this Part

This Part deals with the use of civil penalties to enforce civil penalty provisions.

Civil penalty orders may be sought from a court in relation to contraventions of civil penalty provisions.

12  Before section 74

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74AA   Simplified outline of this Part

This Part deals with miscellaneous matters, such as reports and regulations.