Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
 Download PDFDownload PDF 

Previous Fragment    Next Fragment

AUSTRALIAN SPORTS ANTI-DOPING AUTHORITY AMENDMENT BILL 2013

Order of the day read for the adjourned debate on the motion of the Minister for Sport (Senator Lundy)—That this bill be now read a second time.

Debate resumed.

Limitation of debate: The time allotted for the consideration of this bill expired.

Question—That this bill be now read a second time—put and passed.

Bill read a second time.

Explanatory memoranda: Senator Lundy tabled a replacement explanatory memorandum relating to the bill and a supplementary explanatory memorandum relating to the government amendments to be moved to the bill.

The following amendments circulated by the Government were agreed to:

 Schedule 1, item 9, page 4 (line 29), omit "notice;", substitute "notice.".

 Schedule 1, item 9, page 4 (lines 30 to 32), omit all the words from and including "if the" to the end of subsection 13A(1).

 Schedule 1, item 9, page 4 (after line 32), after subsection 13A(1), insert:

  (1A) The NAD scheme must provide that the CEO must not give a disclosure notice to a 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) 3 ADRVP members agree in writing that the belief is reasonable.

 Schedule 1, item 9, page 7 (lines 13 and 14), omit paragraph 13D(2)(f), substitute:

 (f) any proceedings that would expose the individual to a penalty, other than proceedings in connection with this Act or the regulations.


 Schedule 1, item 9, page 7(after line 14), at the end of section 13D, add:

  (3) To avoid doubt, 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 this Act or the regulations.

 Schedule 2, page 15 (after line 19), after item 3, insert:

 3A Before subsection 74(2)

  Insert:

  (1B) Without limiting subsection (1), the report must set out the number of times the CEO has exercised the discretion referred to in subsection 68(5A) in relation to protected customs information during the financial year.

 Schedule 3, page 16 (after line 9), after item 2, insert:

 2A Subsection 5(1A)

  Omit "6", substitute "8".

 Schedule 3, page 17 (after line 13), after item 9, insert:

 9A Section 42

  Omit "7", substitute "9".

The following amendment circulated by the Australian Greens was agreed to:

 Schedule 1, item 9, page 4 (after line 32), after subsection 13A(1), insert:

  (1A) The NAD scheme must provide that the CEO must not give a disclosure notice to a 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; and

 (c) 3 ADRVP members agree in writing that the belief referred to in paragraph (a) (and, if applicable, paragraph (b)) is reasonable.

The following amendments circulated by the Australian Greens were agreed to:

 Schedule 1, item 9, page 6 (line 2), after "apply if", insert "the person gives the CEO a statutory declaration stating that"

 Schedule 1, item 9, page 6 (line 24), omit "not an excuse".

 Schedule 1, item 9, page 6 (before line 25), before subsection 13D(1), insert:

  (1) An individual is excused from complying with a requirement to answer a question or to give information if the answer to the question or the information might tend to incriminate the individual or expose the individual to a penalty.


 Schedule 1, item 9, page 6 (lines 25 to 31), omit subsection 13D(1), substitute:

  (1A) A person is not excused from producing a document or thing as required by a disclosure notice given to the person on the ground that the document or thing might tend to incriminate the person or expose the person to a penalty.

 Schedule 1, item 9, page 7 (lines 1 to 7), omit paragraphs 13D(2)(a) to (d), substitute:

 (a) the document or thing produced;

 (b) the producing of the document or thing;

 (c) any information, document or thing obtained as a direct or indirect consequence of producing the document or thing;

Question—That the remaining stages of this bill be agreed to and this bill, as amended, be now passed—put and passed.

Bill read a third time.