Commonwealth Numbered Acts

AUSTRALIAN SPORTS DRUG AGENCY ACT 1990 No. 18 of 1991 - SECT 2

2. (1) In this Act, unless the contrary intention appears:

"accredited laboratory" means a laboratory that is included in the list
prepared and maintained by the Agency under section 66;

"Agency" means the Australian Sports Drug Agency established by section 6;

"Australia" includes the external Territories;

"Chairperson" means the Chairperson of the Agency;

"Chief Executive" means the Chief Executive of the Agency;

"Commission" means the Australian Sports Commission established by the
Australian Sports Commission Act 1989;

"competitor" means a person:

   (a)  who competes, or has been selected to compete, as a representative of
        Australia in an international sporting event, or a series of
        international sporting events, either as an individual or as a member
        of a national team; or

   (b)  who competes in an international sporting event held in Australia; or

   (c)  who is included in a group of persons formed for the purpose of the
        selection of persons to compete, as representatives of Australia, in
        an international sporting event or a series of international sporting
        events, either as individuals or as members of a national team; or

   (d)  who competes in sporting activities, or participates in training for
        competition in sporting activities, and:

   (i)  is receiving Commonwealth support (within the meaning of section 3);
        or

   (ii) is a party to an arrangement with the Commission or the Commonwealth
        under which the person will receive Commonwealth support (within the
        meaning of that section); or

   (e)  whose name is entered on the Register, and who, as a direct or
        indirect result of having his or her name so entered, has been
        prevented from participating, or has become ineligible to participate,
        in sporting events or sporting activities; and who:

   (f)  is an Australian citizen; or

   (g)  is a permanent resident; or

   (h)  is present in Australia;

"Deputy Chairperson" means the Deputy Chairperson of the Agency;

"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;

"member" means a member of the Agency, and includes:

   (a)  the Chairperson; and

   (b)  the Deputy Chairperson; and

   (c)  the Chief Executive; of the Agency;

"operational plan" means an operational plan of the Agency developed and
prepared by the Agency under section 50;

"permanent resident" means a person who has been granted, or who is included
in, an entry permit under the Migration Act 1958 that is in force, other than
a temporary entry permit within the meaning of that Act;

"positive test result", in relation to a competitor, means a finding, made by
an accredited laboratory by means of testing a sample provided by the
competitor, to the effect that:

   (a)  the testing reveals the presence of a drug in the sample or the use of
        a doping method by the competitor, being a drug, or doping method,
        that is included in the schedule of drugs and doping methods
        maintained by the Agency under paragraph 9 (1) (a); and

   (b)  where that schedule sets out a permitted level in relation to that
        drug or doping method - the testing reveals that the permitted level
        has been exceeded;

"Register" means the Register of Defaulting Competitors established and
maintained by the Agency under section 11;

"sample" means any human biological fluid or tissue;

"scheduled drug or doping method" means a drug, or a doping method, included
in the schedule maintained by the Agency under paragraph 9 (1) (a);

"strategic plan" means a strategic plan of the Agency developed and prepared
by the Agency under subsection 47 (1).

(2) A reference in this Act to the use of drugs includes a reference to the
use of doping methods.