Commonwealth Numbered Acts

AUSTRALIAN SPORTS DRUG AGENCY ACT 1990 No. 18 of 1991 - SECT 9

9. (1) The Agency has the following functions:

   (a)  to maintain an up-to-date schedule of drugs and doping methods, and
        permitted levels (if any) in relation to each drug or method, listed
        by the International Olympic Committee as drugs and doping methods in
        respect of which competitors may be tested, and to disseminate the
        contents of the schedule;

   (b)  to establish and maintain, in accordance with Part 3, a Register of
        Defaulting Competitors and, in accordance with that Part, to notify
        persons and bodies of entries made in the Register;

   (c)  to disseminate information about:

   (i)  penalties that are likely to be imposed if competitors record positive
        test results or fail to comply with requests to provide samples for
        testing; and

   (ii) testing procedures and the possibility of competitors being requested
        to provide samples at competition, during training or at any other
        time;

   (d)  to select:

   (i)  the competitors who are to be requested to provide samples for
        testing; and

   (ii) the dates on which, and the times and places at which, they are to be
        requested to provide the samples;

   (e)  subject to subsection (2), to collect samples from competitors and to
        arrange for the testing of samples by accredited laboratories and the
        secure transport of samples to accredited laboratories;

   (f)  to develop and implement educational programs to discourage the use of
        drugs in sport;

   (g)  to encourage national, State and Territory sporting organisations, and
        professional sporting organisations, to implement uniform policies
        towards drug testing, and to use the services of the Agency and
        accredited laboratories;

   (h)  to consult with and provide information to:

   (i)  government and non-government organisations in Australia that, and
        persons in Australia who, can assist in eliminating the use of
        scheduled drugs and doping methods in sport; and

   (ii) government and non-government organisations, and other persons,
        overseas for the purpose of promoting the adoption of uniform
        international drug testing procedures;

   (j)  to take steps aimed at ensuring Australia's compliance with
        international agreements and arrangements to which Australia is a
        party concerning the use of scheduled drugs and doping methods in
        sport;

   (k)  to undertake research, and to arrange for research to be undertaken,
        into the use of drugs in sport and related matters;

   (m)  to encourage, through the promotion of sports medicine and sports
        science research, the pursuit of optimal sports performance in an
        environment free from the use of drugs;

   (n)  to establish a national information service that identifies:

   (i)  the problems associated with the misuse of drugs in sport; and

   (ii) alternative ways of improving sports performance without the use of
        drugs;

   (p)  to advise the Minister on matters referred to in this subsection and
        related matters;

   (q)  such other functions as are conferred on the Agency by this Act.

(2) The Agency must not collect samples from competitors for any purpose other
than enabling the testing of the samples to determine whether competitors have
been using scheduled drugs or doping methods.

(3) Without limiting the manner in which the Agency may perform its functions
under paragraph (1) (d), the Agency may, in the performance of those
functions, prepare and maintain a list of all persons whom the Agency knows to
be competitors.

(4) The Agency's functions may be performed within or outside Australia.

(5) The Agency may perform any of its functions in co-operation with a State
or Territory or any person, body, association or organisation.

(6) The Agency may perform its functions to the extent only that they are not
in excess of the functions that may be conferred on it by virtue of any of the
legislative powers of the Parliament, or by virtue of any functions that are
conferred or expressed to be conferred on the Agency by any law of a State or
Territory, and, in particular, may perform its functions:

   (a)  for purposes related to money appropriated for the purposes of the
        Commonwealth; and

   (b)  for purposes related to the granting of financial assistance to a
        State on such terms and conditions as the Parliament thinks fit; and

   (c)  for purposes related to the executive power of the Commonwealth; and

   (d)  for purposes related to the collection of statistics; and

   (e)  for purposes related to external affairs; and

   (f)  for purposes in relation to a Territory; and

   (g)  for purposes related to matters incidental to the execution of any of
        the legislative powers of the Parliament or the executive power of the
        Commonwealth.