Commonwealth Numbered Acts

AUSTRALIAN SPORTS DRUG AGENCY AMENDMENT ACT 1996 No. 20 of 1996 - SCHEDULE

Schedule 1 - Amendment of the Australian Sports Drug Agency Act  1990  1
Subsection 2(1) Insert: applicable procedures, in relation to a sample
provided by a competitor pursuant to a request made under Part 3, has the
meaning given by Division 5 of that Part. assessed means assessed by notice in
writing given to the Agency. contract includes any arrangement, whether formal
or informal. drug testing program means a program of testing for the use of
drugs included in the schedule maintained by the Agency under paragraph
9(1)(a). foreign national sporting organisation means a national sporting
organisation of a foreign country. foreign sporting organisation means a
foreign government sports agency, a foreign national sporting organisation or
a foreign anti-doping body. national sporting organisation, in relation to a
particular sport, means:

   (a)  in respect of any country (including Australia) - a sporting
        organisation that is recognised by the International Sporting
        Federation that has international control over the sport as being the
        organisation responsible for administering the affairs of the sport,
        or of a substantial part or section of the sport, in that country; or

   (b)  in respect of a country other than Australia, if there is no
        International Sporting Federation that has international control over
        the sport - a sporting organisation that is generally recognised as
        being responsible for administering the affairs of the sport, or of a
        substantial part or section of the sport, in that country; or

   (c)  in respect of Australia, whether or not there is an International
        Sporting Federation that has international control over the sport - a
        sporting organisation that is recognised by the Commission, or is
        generally recognised, as being responsible for administering the
        affairs of the sport, or of a substantial part or section of the
        sport, in Australia. non-Australian means a person who is neither an
        Australian citizen nor a permanent resident. organisation includes an
        academy, institute or other similar body. relevant International
        Sporting Federation, in relation to a competitor, means an
        International Sporting Federation:

   (a)  of which the competitor's relevant national sporting organisation is a
        member or with which that organisation is associated in any way; or

   (a)  of which the competitor's relevant sporting organisation is a member
        or with which that organisation is associated in any way. relevant
        national sporting organisation, in relation to a competitor, means a
        national sporting organisation:

   (a)  of which the competitor is, in his or her capacity as a competitor, a
        member or with which the competitor is, in that capacity, associated
        in any way; or

   (b)  of which the competitor's relevant sporting organisation is a member
        or with which that organisation is associated in any way. relevant
        sporting organisation, in relation to a competitor, means a sporting
        organisation (other than a national sporting organisation) of which
        the competitor is, in his or her capacity as a competitor, a member or
        with which the competitor is, in that capacity, associated in any way.
        reviewable decision means:

   (a)  a decision by the Agency under subsection 17A(1) that a competitor did
        not have reasonable cause for failing to comply with a request to
        provide a sample; or

   (b)  a decision by the Agency under subsection 17M(1) that a positive test
        result from the final testing of a sample is valid. sporting
        competition means a sporting event or a series of sporting events.
        sporting event includes any sporting activity. sporting organisation
        includes, but is not limited to, an organisation that:

   (a)  has control in a particular country, or part of a country, or
        internationally, of one or more sports or sporting events; or

   (b)  organises or administers one or more sports or sporting events; or

   (c)  accredits people to take part in sporting competition; or

   (d)  provides teams to compete in sporting competition; or

   (e)  trains, or provides finance for, people to take part in sporting
        competition. support has the meaning given by section 3. temporarily
        resident non-Australian means a non-Australian whom the Agency has
        requested to supply a sample at the request of, or under a contract
        entered into with, an Australian national sporting organisation. 2
        Subsection 2(1) (definitions of applicable procedural requirement, at
        competition and Charter) Repeal the definitions. 3 Subsection 2(1)
        (definition of competitor) Repeal the definition, substitute:
        competitor has the meaning given by section 2A. 4 Subsection 2(3)
        Repeal the subsection.

5 After section 2 Insert: 2A Competitors

(1) The following people, and no others, are competitors for the purposes of
this Act:

   (a)  an Australian citizen, or a permanent resident, who competes, or has
        been selected to compete, as a representative of Australia in
        international sporting competition;

   (b)  an Australian citizen, or a permanent resident, who has been assessed
        by an Australian national sporting organisation as having the
        potential to represent Australia in international sporting
        competition;

   (c)  a person who competes as a member of a team in sporting competition
        (whether held, or to be held, in or outside Australia) at a level at
        which:

   (i)  teams that represent Australia; or

   (ii) teams that represent organisations in Australia and contain members
        who have been assessed by an Australian national sporting organisation
        as having the potential to represent Australia;
in international sporting competition take part;

   (d)  a person who competes in sporting competition and:

   (i)  is receiving support from the Commonwealth or the Commission; or

   (ii) is a party to an arrangement with the Commonwealth or the Commission
        under which the person will receive support from the Commonwealth or
        the Commission;

   (e)  a person who competes in international sporting competition held, or
        to be held, in Australia;

   (f)  a person who competes in sporting competition at a level that has been
        assessed by an Australian national sporting organisation as being a
        level at which people representing Australia could be expected to
        compete;

   (g)  a person:

   (i)  who has been assessed by a foreign sporting organisation as having
        reached such a standard of performance in the field of sporting
        activity in which he or she competes as to be capable of representing
        in international sporting competition the country of which he or she
        is a citizen or in which he or she is ordinarily resident; and

   (ii) in respect of whom the Agency has been requested by a foreign sporting
        organisation, or is required under a contract with a foreign sporting
        organisation, to obtain a sample for testing;

   (h)  a non-Australian in respect of whom the Agency has been requested by,
        or is required or permitted under a contract with:

        (i)    a foreign sporting organisation in the country of which the
               person is a citizen or in which the person is ordinarily
               resident; or

        (ii)   a relevant International Sporting Federation; to obtain a
               sample for testing;

   (i)  a person in respect of whom the Agency, under an anti-doping
        arrangement, is required or permitted to obtain a sample for testing;

   (j)  a person whose name is entered on the Register and who, as a direct or
        indirect result of having his or her name so entered, is ineligible to
        take part in sporting competition.

(2) Subject to subsection (3), if a person:

   (a)  is training, or has at any time within the last 12 months trained, to
        compete in sporting competition or international sporting competition,
        or in sporting competition or international sporting competition at a
        particular level; or

   (b)  has, at any time within the last 12 months competed in sporting
        competition or international sporting competition, or in sporting
        competition or international sporting competition at a particular
        level; the person is taken for the purposes of subsection (1) to be a
        person who competes in sporting competition or international sporting
        competition, or in sporting competition or international sporting
        competition at that level, as the case may be.

(3) A person is taken not to have been a competitor for the purposes of this
Act at a particular time if the person:

   (a)  notified the relevant national sporting organisation before that time
        that he or she had retired from taking part in sporting competition;
        and

   (b)  has not, since the notification was given, taken part in sporting
        competition. 6 Section 3 Repeal the section, substitute: 3 People
        receiving support

(1) A person is taken for the purposes of this Act to be receiving support
from a government or a government agency if the person, for the purpose of
taking part in sporting activities, or for the purpose of training to take
part in sporting activities:

   (a)  receives funding from the government or agency; or

   (b)  uses facilities that are provided (wholly or partly) by the government
        or agency, or are operated or maintained (wholly or partly) with
        funding received from the government or agency; or

   (c)  is a member of, or is in any way associated with, a sporting
        organisation that:

        (i)    receives funding from the government or agency; or

        (ii)   uses facilities that are provided (wholly or partly) by the
               government or agency, or are operated or maintained (wholly or
               partly) with funding received from the government or agency.

(2) In this section: government means the Commonwealth, a State or a
Territory. government agency means the Commission or any sports academy,
sports institute, or other similar body, of a State or Territory.

7 Section 8 Repeal the section, substitute: 8 Objects The objects of the
establishment of the Agency are:

   (a)  to deter the use of scheduled drugs or doping methods in sport; and

   (b)  to encourage the development of programs to educate the sporting
        community about matters relating to drugs in sport; and

   (c)  to advocate the international adoption of consistent and effective
        anti-doping programs; and

   (d)  to co-ordinate the development of a consistent and effective national
        response to matters relating to drugs in sport. 8 Paragraphs 9(1)(c)
        to (q) Repeal the paragraphs, substitute:

   (c)  to develop and implement drug testing programs;

   (d)  to advocate the international development and implementation of
        consistent and effective anti-doping programs;

   (e)  to encourage Australian national sporting organisations, State and
        Territory sporting organisations and professional sporting
        organisations:

        (i)    to develop and implement comprehensive and consistent anti-
               doping initiatives (including initiatives relating to testing
               for the use of drugs and education about matters relating to
               drugs in sport); and

        (ii)   to use the services of the Agency and accredited laboratories;

   (f)  to develop and implement initiatives that increase the skills and
        knowledge of people involved in sporting activities about matters
        relating to drugs in sport;

   (g)  to advocate and support research in and outside Australia about drugs
        in sport;

   (h)  to implement anti-doping arrangements;

   (i)  to encourage the establishment of means for the carrying out by
        government Departments and authorities of the States and Territories
        of initiatives relating to drugs in sport;

   (j)  to co-operate with those Departments and authorities and with
        non-government sporting organisations to implement those initiatives;

   (k)  any other functions conferred on the Agency under this Act;

   (l)  to advise the Minister on matters falling within any of the
        abovementioned functions and related matters. 9 Subsection 9(2) Omit
        "The Agency", substitute "In the performance of its functions, the
        Agency". 10 Subsection 9(3) Repeal the subsection, substitute:

(3) In the performance of its functions, the Agency may prepare and keep a
list of all people whom it knows to be competitors.

(3A) A list kept under subsection (3) may contain, in relation to each person
whose name is included in the list, any of the following particulars:

   (a)  addresses of usual places of residence and employment;

   (b)  date of birth;

   (c)  telephone numbers of usual places of residence and employment;

   (d)  if the person is under 18 years of age or has an intellectual
        disability - the name, and the addresses and telephone numbers, of the
        usual places of residence and employment of a person who has long-term
        parental responsibility for, or is the guardian of, the first-
        mentioned person;

   (e)  sporting activities engaged in;

   (f)  membership of sporting organisations;

   (g)  whether the holder of a scholarship granted by a government, a
        governmental authority or a sporting organisation;

   (h)  times and places of training;

   (i)  membership of a national team;

   (j)  if the person is competing or training outside Australia - the date on
        which the person is expected to return to Australia;

   (k)  the capacity in which the person takes part in sporting competition
        (for example, whether as an amateur, as a professional, as a
        representative of a country);

   (l)  how the person may be contacted if he or she is competing or training
        outside Australia;

   (m)  any other particulars necessary to enable the Agency to perform its
        functions. 11 Heading to Part 3 Repeal the heading, substitute: Part 3
        - Requesting, collecting and testing of samples by Agency

12 Before section 11 Insert in Part 3: Division 1 - Application of Part 10A
Part not to apply if Part 3A applies
This Part does not authorise, or apply in relation to, the making of a request
to a competitor or the consequences of making such a request if Division 1 of
Part 3A authorises, or applies in relation to, the making of a request to the
competitor or the consequences of making such a request. Division 2 - Register
of notifiable events 13 Sections 12 to 17C Repeal the sections, substitute:
Division 3 - Request to provide sample 12 Making of request

(1) The Agency may request a competitor to provide a sample.

(2) Subject to subsection (3), the request is to be made in accordance with
the regulations.

(3) The regulations may make provision as to the manner in which a request is
to be made but may provide that strict compliance with regulations so made is
not required and substantial compliance is sufficient. 13 Provision of sample

(1) The regulations must provide, in relation to a competitor who has been
requested to provide a sample, that:

   (a)  the competitor:

        (i)    is entitled, subject to subparagraph (ii), to have a
               representative of his or her choice present to oversee the
               process of the collection of the sample; but

        (ii)   is not entitled to have such a representative present to
               witness the actual passing of the sample unless the competitor
               suffers from a disability that may require him or her to be
               given assistance in passing the sample; and

   (b)  the Agency is to notify the competitor orally or in writing of:

        (i)    the procedure for collecting and testing samples; and

        (ii)   the competitor's rights under regulations made in accordance
               with paragraph (a); and

        (iii)  the possible consequences of a failure to comply with a request
               to provide a sample; and

        (iv)   the possible consequences of returning a positive test result;
               and

        (v)    the classes of persons who, or organisations and bodies which,
               are required, under section 17T, to be notified of the
               particulars of an entry in the Register relating to the
               competitor; and

        (vi)   the competitor's right to make submissions under sections 17
               and 17L; and

        (vii)  the classes of persons to whom, and organisations and bodies to
               which, under section 17H, a negative test result may be
               disclosed.

(2) Regulations made for the purposes of paragraph (1)(b) may provide that
strict compliance with those regulations is not required and substantial
compliance is sufficient.

14 Notice of request
When the Agency has requested a competitor to provide a sample:

   (a)  if it appears to the Agency that the competitor is likely to fail to
        comply with the request and the Agency thinks that the relevant
        national sporting organisation should be given an opportunity to try
        to persuade the competitor to comply with the request - the Agency may
        tell the organisation of the competitor's likely failure to comply
        with the request; and

   (b)  if the competitor claims to have retired from taking part in sporting
        competition - the Agency may request the relevant national sporting
        organisation to tell the Agency whether the competitor has notified
        the organisation that he or she has retired from taking part in
        sporting competition and, if so, the date of notification. Division 4
        - Failure to provide sample Subdivision A - General 15 When failure to
        comply with request to provide a sample is taken to have occurred
For the purposes of this Part, a competitor fails to comply with a request by
the Agency to provide a sample if, and only if, the manner in which the Agency
requested the competitor to provide the sample was, subject to subsection
12(3), in accordance with the regulations and:

   (a)  the competitor fails to provide a sample as required by the
        regulations; or

   (b)  the competitor fails to complete or sign any form required by the
        regulations to be completed or signed by the competitor; or

   (c)  after providing the sample, the competitor fails to do anything in
        relation to the sample that is required by the regulations to be done
        by the competitor. Subdivision B - Failure by Australian citizen,
        permanent resident or temporarily resident non-Australian to provide
        sample 16 Application of Subdivision This Subdivision applies only in
        relation to a failure by a competitor who is an Australian citizen, a
        permanent resident or a temporarily resident non-Australian to comply
        with a request to provide a sample. 17 Notice to competitor who has
        failed to provide a sample

(1) The Agency must, as soon as practicable, give the competitor a written
notice:

   (a)  stating that the competitor has failed to comply with the request; and

   (b)  telling the competitor that he or she, or a person acting on his or
        her behalf, may, within 7 days after receiving the notice:

        (i)    make a written submission to the Agency to the effect that the
               competitor had reasonable cause for failing to comply with the
               request; or

        (ii)   by written notice given to the Agency, waive his or her right
               to make such a submission; and

   (c)  setting out the Agency's obligations under sections 17R, 17T and 18.

(2) If the Agency considers that the competitor is likely to:

   (a)  take part in international sporting competition; or

   (b)  take part in a trial to select Australian representatives to compete
        in international sporting competition; before the end of the period of
        7 days after the competitor receives the notice, the Agency may
        substitute in the notice any shorter period that it considers
        appropriate in the circumstances for the period of 7 days referred to
        in paragraph (1)(b). 17A Agency to decide whether competitor had
        reasonable cause for failure to provide a sample

(1) Subject to this section, the Agency must decide whether the competitor had
reasonable cause for failing to comply with the request.

(2) The Agency must not:

   (a)  before the time fixed under subsection (3), decide that the competitor
        did not have reasonable cause for failing to comply with the request;
        or

   (b)  make such a decision without having had due regard to any written
        submissions made by or on behalf of the competitor in accordance with
        subparagraph 17(1)(b)(i).

(3) The time fixed for the purposes of paragraph (2)(a) is:

   (a)  if, within the period stated in the notice given by the Agency to the
        competitor under subsection 17(1), the Agency receives a written
        notice by or on behalf of the competitor waiving his or her right to
        make a submission - the time when the notice of waiver is received by
        the Agency; or

   (b)  if, within the period stated in the notice, the Agency receives a
        written submission by or on behalf of the competitor - the time when
        the submission is received by the Agency; or

   (c)  if, within the period stated in the notice, the Agency:

        (i)    does not receive a written notice by or on behalf of the
               competitor waiving his or her right to make a submission; and

        (ii)   does not receive a written submission by or on behalf of the
               competitor; the end of that period. 17B Notice of Agency's
               decision

(1) When the Agency has decided whether a competitor had reasonable cause for
failing to comply with a request to provide a sample, the following provisions
apply.

(2) The Agency must, as soon as practicable, give a written notice to the
competitor telling him or her of the decision.

(3) If:

   (a)  the competitor had initially failed to comply with a request to
        provide a sample; and

   (b)  the Agency had, under paragraph 14(a), told the relevant national
        sporting organisation that the competitor was likely to fail to comply
        with the request; and

   (c)  the Agency decides that the competitor had reasonable cause for
        failing to comply with the request; the Agency must, as soon as
        practicable, give a written notice to the relevant national sporting
        organisation telling it of the decision.

(4) If the Agency decides that the competitor did not have reasonable cause
for failing to comply with the request, the Agency must include in the notice
to the competitor:

   (a)  the reasons for the decision; and

   (b)  a statement to the effect that, if the competitor is dissatisfied with
        the decision, application for review of the decision may, subject to
        the Administrative Appeals Tribunal Act 1975, be made to the
        Administrative Appeals Tribunal.

(5) A failure to comply with subsection (3) or (4) does not affect the
validity of the decision concerned. Subdivision C - Failure by non-Australian
other than a temporarily resident non-Australian to provide sample 17C
Application of Subdivision This Subdivision applies only in relation to a
failure by a competitor who is a non-Australian other than a temporarily
resident non-Australian to comply with a request to provide a sample. 17D
Notice to International Sporting Federation

(1) The Agency must, as soon as practicable, notify the relevant International
Sporting Federation of the failure.

(2) If that Federation requests the Agency to take any further action, the
Agency may comply with the request so far as it is capable of doing so.
Division 5 - How sample is to be dealt with 17E Applicable procedures to be
followed A sample provided by a competitor must be dealt with, subject to
section 17G, in accordance with the applicable procedures in relation to the
sample. 17F Applicable procedures to be prescribed by regulations

(1) The applicable procedures are those prescribed by the regulations.

(2) Regulations prescribing applicable procedures may be of general or
specially limited application or may differ according to differences in time,
locality, place or circumstance.

(3) Regulations prescribing applicable procedures may include requirements
relating to the following:

   (a)  the selection of competitors who may be requested to provide samples;

   (b)  the notifying of competitors concerned;

   (c)  the collection of samples;

   (d)  the transport of samples to an accredited laboratory;

   (e)  the testing of samples;

   (f)  the notifying of a result from the initial testing of a sample;

   (g)  the notifying of a result from the final testing of a sample. 17G
        Extent to which regulations prescribing procedures need not be
        strictly complied with

(1) Subject to subsection (2), the regulations may provide that particular
procedures prescribed for the purposes of section 17F need not be strictly
complied with and that substantial compliance is sufficient.

(2) Subsection (1) does not apply to procedures relating to the following
matters:

   (a)  the accredited laboratories by which samples are to be tested;

   (b)  ensuring that a sample is not tampered with by anyone who is not
        authorised to deal with the sample;

   (c)  ensuring that a sample's container is securely sealed and identified;

   (d)  the entering, on forms relating to the provision of samples for
        testing, of numbers of containers, or numbers of seals of containers,
        holding any part of the sample;

   (e)  the signing of those forms by people required to do so. Division 6 -
        Return of negative test result 17H Disclosure of negative test result
        Application

(1) This section applies if either the initial testing or the final testing of
a sample provided by a competitor returns a negative test result. Disclosure
if competitor is an Australian citizen, a permanent resident or a temporarily
resident non-Australian

(2) If the competitor is an Australian citizen, a permanent resident or a
temporarily resident non-Australian, the Agency may disclose particulars of
the result to:

   (a)  the competitor; and

   (b)  if:

        (i)    the Agency thinks that the competitor may be under 18 years of
               age or may have an intellectual disability; and

   (ii) the Agency is aware of the name, and the address of the usual place of
        residence or employment, of a person who has long-term parental
        responsibility for, or is the guardian of, the competitor; the person
        who has that responsibility or is such a guardian; and

   (c)  the relevant national sporting organisation; and

   (d)  the relevant International Sporting Federation. Disclosure if
        competitor is a non-Australian other than a temporarily resident
        non-Australian

(3) If the competitor is a non-Australian, other than a temporarily resident
non-Australian, the Agency may disclose particulars of the result to:

   (a)  the competitor; and

   (b)  any foreign anti-doping body that the Agency thinks appropriate.

Division 7 - Return of positive test result by Australian citizen, permanent
resident or temporarily resident non-Australian 17J Application of Division
This Division applies only in relation to a sample provided by a competitor
who is an Australian citizen, a permanent resident or a temporarily resident
non-Australian. 17K Positive test result from initial testing of a sample

(1) This section applies if the initial testing of a competitor's sample
returns a positive test result.

(2) The competitor is entitled to be present at, or to be represented at, the
final testing of the sample (including the unsealing of the sample).

(3) The Agency must, as soon as practicable, give the competitor a written
notice:

   (a)  stating that the initial testing of the sample has returned a positive
        test result; and

   (b)  stating the competitor's rights under subsection (2); and

   (c)  stating the possible consequences of the final testing of the sample
        returning a positive test result, including the classes of persons,
        organisations or bodies that would be required under section 17T to be
        notified of the particulars of an entry in the Register relating to
        the competitor.

(4) The Agency may give the relevant national sporting organisation any
information that it thinks appropriate about the return of the positive test
result from the initial testing of the sample other than information that
would enable the identification of the competitor. 17L Notice of positive test
result from final testing of a sample

(1) This section applies if the final testing of a competitor's sample returns
a positive test result.

(2) The Agency must, as soon as practicable, give the competitor a written
notice:

   (a)  stating that the final testing of the sample has returned a positive
        test result; and

   (b)  telling the competitor that, if the competitor has any information or
        evidence (relevant information or evidence) that may affect the
        validity of the results of the initial or final testing of the sample,
        he or she, or a person on his or her behalf, may, within 7 days after
        receiving the notice:

        (i)    make a written submission to the Agency setting out the
               relevant information or evidence; or

        (ii)   by written notice given to the Agency, waive his or her right
               to make such a submission; and

   (c)  setting out the Agency's obligations under sections 17S, 17T and 18.

(3) If the Agency considers that the competitor is likely to:

   (a)  take part in international sporting competition; or

   (b)  take part in a trial to select people to represent Australia in
        international sporting competition; before the end of the period of 7
        days after the competitor receives the notice, the Agency may
        substitute in the notice any shorter period that it considers
        appropriate in the circumstances for the period of 7 days referred to
        in paragraph (2)(b). 17M Agency to decide whether positive test result
        is valid

(1) Subject to this section, the Agency must decide whether a positive test
result from the final testing of a sample is valid.

(2) The Agency must not:

   (a)  before the time fixed under subsection (3), decide that the positive
        test result is valid; or

   (b)  make such a decision without having had due regard to any relevant
        information or evidence set out in a written submission made by or on
        behalf of the competitor in accordance with subparagraph 17L(2)(b)(i).

(3) The time fixed for the purposes of paragraph (2)(a) is:

   (a)  if, within the period stated in the notice given by the Agency to the
        competitor under subsection 17L(2), the Agency receives a written
        notice by or on behalf of the competitor waiving his or her right to
        make a submission - the time when the notice of waiver is received by
        the Agency; or

   (b)  if, within the period stated in the notice, the Agency receives a
        written submission by or on behalf of the competitor - the time when
        the submission is received by the Agency; or

   (c)  if, within the period stated in the notice, the Agency:

        (i)    does not receive a written notice by or on behalf of the
               competitor waiving his or her right to make a submission; or

   (ii) does not receive a written submission by or on behalf of the
        competitor; the end of that period.

(4) The Agency may decide that the positive test result is invalid only if the
Agency is satisfied that:

   (a)  the applicable procedures relating to the sealing of any container
        holding the sample have not been complied with; or

   (b)  the sample was not tested by an accredited laboratory; or

   (c)  the sample was tampered with by someone other than the competitor or a
        person chosen by the competitor to oversee any part of the collection
        or testing of the sample. 17N Notice to competitor of Agency's
        decision as to validity of positive test result from final testing of
        sample

(1) As soon as practicable after the Agency makes a decision as to the
validity of a positive test result from the final testing of a sample, the
Agency must give the competitor written notice of the decision.

(2) If the Agency decides that the positive test result is valid, the Agency
must include in the notice:

   (a)  the reasons for the decision; and

   (b)  a statement to the effect that, if the competitor is dissatisfied with
        the decision, application for review of the decision may, subject to
        the Administrative Appeals Tribunal Act 1975, be made to the
        Administrative Appeals Tribunal.

(3) A failure to comply with subsection (2) does not affect the validity of
the decision concerned.

Division 8 - Return of positive test result by non-Australian other than a
temporarily resident non-Australian 17P Application of Division This Division
applies only in relation to a sample provided by a non-Australian other than a
temporarily resident non-Australian. 17Q Positive test result from initial
testing of a sample

(1) If the initial testing of a sample returns a positive test result, the
Agency must, as soon as practicable, notify the relevant International
Sporting Federation of the result.

(2) If that Federation requests the Agency to take any further action, the
Agency may comply with the request so far as it is capable of doing so.
Division 9 - Entry of competitor's name on Register 17R Entry of competitor's
name on Register - failure to provide a sample
If:

   (a)  a competitor referred to in section 16 fails to comply with a request
        to provide a sample; and

   (b)  the Agency decides under subsection 17A(1) that the competitor did not
        have reasonable cause for failing to comply with the request; the
        Agency must, as soon as practicable, enter on the Register the
        competitor's name and any other particulars known to the Agency that
        are required by the regulations to be entered. 17S Entry of
        competitor's name on Register - positive test result
If:

   (a)  the final testing of a sample provided by a competitor referred to in
        section 17J returns a positive test result; and

   (b)  the Agency decides under subsection 17M(1) that the positive test
        result is valid; the Agency must, as soon as practicable, enter on the
        Register the competitor's name and any other particulars known to the
        Agency that are required by the regulations to be entered. 17T Notice
        of entry of competitor's name on Register Application

(1) This section applies when the Agency enters a competitor's name and other
particulars on the Register, whether under section 11, 17R or 17S. Notice of
entry on Register

(2) The Agency must, as soon as practicable, give written notice of the
making, and of particulars, of the entry to:

   (a)  the competitor; and

   (b)  if:

        (i)    the Agency thinks that the competitor may be under 18 years of
               age or may have an intellectual disability; and

   (ii) the Agency is aware of the name, and the address of the usual place of
        residence or employment, of a person who has long-term parental
        responsibility for, or is the guardian of, the competitor; the person
        who has that responsibility or is such a guardian; and

   (c)  if the Agency is aware that the competitor receives support from the
        Commission - the Commission; and

   (d)  if the Agency is aware that the competitor receives support from an
        academy, institute or other similar body of a State or Territory - the
        institute, academy or other body; and

   (e)  the relevant national sporting organisation. Notice to identify all
        other persons, organisations or bodies notified

(3) When the Agency gives a notice of the making of an entry on the Register
under this section, the Agency must include in the notice a statement setting
out the name of each other person to whom, or organisation or body to which,
the Agency has given or proposes to give notice of the making of the entry.
Copy of competitor's submission may be given to national sporting organisation
in certain circumstances

(4) If the Agency gives to a national sporting organisation a notice under
this section of the making of an entry on the Register in relation to a
competitor, the Agency may, if the organisation requests, also give the
organisation:

   (a)  a statement of the Agency's reasons for the decision under section 17A
        or 17M that resulted in the entry being made on the Register; and

   (b)  if the competitor consents in writing, a copy of any submission made
        by or on behalf of the competitor to the Agency under section 17 or
        17L.

(5) A failure to comply with subsection (2), (3) or (4) does not affect the
validity of the entry of the competitor's name and other particulars on the
Register. 17U Certain competitors' names to be removed from the Register

(1) This section applies if:

   (a)  a competitor's name, and other particulars, have been entered on the
        Register; and

   (b)  at the time of the occurrence of the event as a result of which the
        competitor's name was entered on the Register the competitor was under
        18 years of age; and

   (c)  as a direct or indirect result of having his or her name so entered,
        the competitor has been prevented from taking part, or has become
        ineligible to take part, in sporting competition for a particular
        period (the suspension period).

(2) Subject to subsection (3), the Agency must, as soon as practicable after
the end of the suspension period, remove from the Register the name and other
particulars entered as mentioned in paragraph (1)(a) in relation to the
competitor.

(3) If, as a result of the competitor's name being entered on the Register as
mentioned in paragraph (1)(a), the Commission has disqualified the competitor
from:

   (a)  receiving funding from the Commission; or

   (b)  using facilities that:

        (i)    are provided, in whole or in part, by the Commission; or

        (ii)   are operated or maintained, in whole or in part, with funding
               received from the Commission; for a period (the
               disqualification period) that ends after the suspension period,
               subsection (2) does not apply but the Agency must, as soon as
               practicable after the end of the disqualification period,
               remove from the Register the name and other particulars entered
               as mentioned in paragraph (1)(a) in relation to the competitor.
               Division 10 - Review of decisions 17V Reviews by Administrative
               Appeals Tribunal Application may be made to the Administrative
               Appeals Tribunal for the review of a reviewable decision. 17W
               Action by Agency following decision or order on review

(1) If the Administrative Appeals Tribunal sets aside a reviewable decision,
the Agency must, as soon as practicable, remove from the Register any entry
that was made as a result of the Agency's decision.

(2) If, after the making of an entry on the Register in relation to a decision
of the Agency:

   (a)  the entry is removed from the Register under subsection (1) of this
        section; or

   (b)  an order is made under section 41 of the Administrative Appeals
        Tribunal Act 1975 staying or otherwise affecting the operation or
        implementation of the decision, or an order so made is afterwards
        revoked; the Agency must, as soon as practicable, give written notice
        of that fact to each person to whom, and each organisation or body to
        which, notice of the making of the entry was given. Part 3A -
        Requesting, collecting and testing of samples on behalf of or by a
        foreign sporting organisation

Division 1 - Testing on behalf of a foreign sporting organisation 17X Agency
may contract with foreign sporting organisations to collect and test samples

(1) The Agency may enter into a contract with a foreign sporting organisation
under which the Agency may:

   (a)  collect samples from people for the purpose of testing whether any
        scheduled drug or doping method is present in the samples; and

   (b)  arrange for the secure transport of the samples to an accredited
        laboratory; and

   (c)  arrange for the testing of the samples by an accredited laboratory;
        and

   (d)  give notice of the results of the testing so far as is permitted by
        section 17ZA.

(2) The Agency may do anything required or permitted by the contract to be
done or necessary to be done to give effect to the contract. 17Y Making of
request at instance of foreign sporting organisation
If:

   (a)  the Agency has been asked by, or is required or permitted under a
        contract with, a foreign sporting organisation to request a competitor
        to provide a sample for testing; or

   (b)  the Agency is required or permitted under an anti-doping arrangement
        to request a competitor to provide a sample for testing; the Agency
        may request the competitor to provide a sample for testing. 17Z
        Procedures to be followed The procedures to be followed in respect of
        the making of the request, the collection and testing of the sample
        and the notifying of the results of the testing of the sample are:

   (a)  if paragraph 17Y(a) applies - the procedures agreed to between the
        Agency and the foreign sporting organisation; or

   (b)  if paragraph 17Y(b) applies - the procedures stated in, or determined
        under, the anti-doping arrangement. 17ZA Notifying matters arising out
        of testing

(1) The Agency may notify the relevant foreign sporting organisation of any
matter arising out of the making of the request to the competitor, including:

   (a)  a failure by the competitor to provide a sample; or

   (b)  a failure by the competitor to complete or sign any form required by
        the Agency to be completed or signed by the competitor or to do
        anything in relation to the sample that is required by the Agency to
        be done; or

   (c)  any provision of a sample by a person who was not the competitor and
        represented, by pretending to be the competitor, that the sample was
        provided by the competitor; or

   (d)  any other interference with the provision, collection or testing of
        the sample; or

   (e)  the results of the testing.

(2) Subject to subsection (3), the Agency may notify any matter referred to in
subsection (1) to:

   (a)  the competitor; and

   (b)  if:

        (i)    the Agency thinks that the competitor may be under 18 years of
               age or may have an intellectual disability; and

        (ii)   the Agency is aware of the name, and the address of the usual
               place of residence or employment, of a person who has long-term
               parental responsibility for, or is the guardian of, the
               competitor; the person who has that responsibility or is such a
               guardian; and

   (c)  if the Agency is aware that the competitor receives support from the
        Commission - the Commission; and

   (d)  if the Agency is aware that the competitor receives support from an
        academy, institute or other similar body of a State or Territory - the
        institute, academy or other body; and

   (e)  the relevant national sporting organisation.

(3) The Agency is not to notify a person, organisation or body of a matter
under subsection (2) if the relevant foreign sporting organisation directs the
Agency not to do so.

Division 2 - Testing by a foreign sporting organisation 17ZB Disclosure if
Australian citizen or permanent resident is requested by foreign sporting
organisation to provide sample for testing

(1) Subject to subsection (2), if:

   (a)  a competitor who is an Australian citizen or a permanent resident was
        requested by a foreign sporting organisation to provide a sample for
        testing; and

   (b)  the foreign sporting organisation tells the Agency:

        (i)    that the competitor has refused to provide a sample to the
               organisation; or

        (ii)   that another person has provided a sample to the organisation
               and has represented, by pretending to be the competitor, that
               the sample was provided by the competitor; or

        (iii)  the testing of the sample provided by the competitor returned a
               positive test result; the Agency may disclose the information
               received from the foreign sporting organisation to any one or
               more of the persons, organisations or bodies referred to in
               paragraphs 17T(2)(a), (b), (c), (d) and (e).

(2) If the foreign sporting organisation is a foreign anti-doping body that
was not an approved anti-doping body when the request for the provision of the
sample was made, subsection (1) does not permit the Agency to disclose the
information received from the anti-doping body unless and until the
anti-doping body is approved under section 66C. 14 After subsection 18(2A)
Insert:

(2B) The Minister may, in writing, request the Agency to give to the Minister
a written notice stating, in respect of each competitor named in the
Minister's request:

   (a)  who is not an Australian citizen, a permanent resident or a
        temporarily resident non-Australian and has, pursuant to a request by
        the Agency under Part 3, provided a sample for testing; or

   (b)  who, pursuant to a request by the Agency under Part 3A, has provided a
        sample for testing; any information that is stated in the Minister's
        request in relation to the outcome of the Agency's request to the
        competitor to provide a sample. 15 Subsection 18(3) Omit "or (2A)",
        substitute ", (2A) or (2B)". 16 Subsections 47(2) and (3) Repeal the
        subsections, substitute:

(2) The first strategic plan prepared after the commencement of this
subsection is to be expressed to relate to the period that began at the end of
the last preceding strategic plan and ends on 30 June 2000, 30 June 2001 or 30
June 2002, as the Minister determines.

(3) Each strategic plan after the strategic plan to which subsection (2)
applies is to relate to a period determined by the Minister (being a period of
3, 4 or 5 years) beginning at the end of the period to which the immediately
preceding strategic plan relates. 17 Subsection 56(2) Omit ", being terms and
conditions that are, as far as practicable, equivalent to terms and conditions
that are applicable to similar employment in the Australian Public Service".
18 Section 64 Repeal the section, substitute: 64 Investment of money

(1) The money of the Agency not immediately required for the purposes of the
Agency may be invested:

   (a)  on deposit with an approved bank;

   (b)  in securities of the Commonwealth or of a State or Territory;

   (c)  in securities guaranteed by the Commonwealth, a State or Territory;

   (d)  in any other manner approved by the Treasurer.

(2) In this section: approved bank means:

   (a)  the Reserve Bank of Australia;

   (b)  a bank as defined in subsection 5(1) of the Banking Act 1959;

   (c)  a bank established by or under a State Act;

   (d)  any other bank that the Treasurer approves in relation to the Agency.
        19 Section 66B Repeal the section. 20 Subsection 66C(1) Omit "accord
        with the procedures contained in the Charter relating to those
        matters", substitute "are satisfactory". 21 Section 66D Add at the
        end:

(2) If such a request is made, the Agency may set out in the request, or may
make a further request to the anti-doping body setting out, any matters
relevant to the request that the Agency thinks appropriate, including the
procedures to be followed for requesting the provision of the sample,
collecting and testing the sample and notifying the results of the testing. 22
After subsection 67(4) Insert:

(4A) Nothing in this section:

   (a)  prevents the Agency or an accredited laboratory from disclosing or
        communicating to the International Olympic Committee or to an
        International Sporting Federation any statistics of test results in
        respect of samples provided by people competing, or training to
        compete, in sporting competition relevant to the Committee or
        Federation, as the case may be, provided that the identity of a
        competitor whose sample has been tested is not revealed; or

   (b)  if the Agency has carried out a test of a sample at the request of, or
        under a contract with, a foreign anti-doping body - prevents the
        Australian Sports Drug Testing Laboratory from notifying that body and
        the Agency of the results of the test; or

   (c)  if the Agency has carried out a test of a sample under an anti- doping
        arrangement - prevents the Australian Sports Drug Testing Laboratory
        from notifying the foreign anti-doping body referred to in the
        arrangement. 23 After section 67 Insert: 67A Provisions relating to
        giving of notices A written notice by the Agency to a person or to a
        sporting organisation for the purposes of this Act or the regulations
        may be given:

   (a)  in respect of a notice to a person:

        (i)    by delivering it personally to the person; or

        (ii)   by sending it by post, or by means of a prescribed courier
               service, to the person at the address of the person's place of
               residence last known to the Agency; or

        (iii)  if the person has notified the Agency of a number to which
               notices may be sent to the person by facsimile transmission -
               by sending it to the person by facsimile transmission to that
               number; or

        (iv)   if the notice is to be given to a competitor but cannot be
               given as mentioned in subparagraph (i), (ii) or (iii) - by
               sending by post, or by means of a prescribed courier service,
               to the relevant sporting organisation, at its address last
               known to the Agency, a written notice (to which the notice to
               the competitor is attached in a sealed envelope addressed to
               the competitor) requesting the organisation to send the
               envelope to the competitor; or

   (b)  in respect of a notice to a sporting organisation:

        (i)    by sending it by post, or by means of a prescribed courier
               service, to the organisation at its address last known to the
               Agency; or

        (ii)   if the organisation has notified the Agency of a number to
               which notices may be sent to the organisation by facsimile
               transmission - by sending it to the organisation by facsimile
               transmission to that number; or

   (c)  in any case - in any other manner prescribed by the regulations. 67B
        Person interfering with collection of sample
If:

   (a)  a competitor is requested by the Agency to provide a sample; and

   (b)  the Agency believes that another person:

        (i)    has provided a sample and represented, by pretending to be the
               competitor, that the sample was provided by the competitor; or

        (ii)   has otherwise interfered with the provision, collection or
               testing of the sample; the Agency may notify the relevant
               national sporting organisation of the circumstances of the
               other person's actions as understood by the Agency. 24 Saving
               and transitional provisions Definitions

(1) In this item, unless the contrary intention appears: Principal Act means
the Australian Sports Drug Agency Act 1990 as in force immediately before the
commencement of this Schedule. the Agency means the Australian Sports Drug
Agency. Continued application of Principal Act

(2) Despite the amendments made by this Schedule, the Principal Act continues
to apply in relation to any request for the provision of a sample made by the
Agency to a person before the commencement of this Schedule. Existing list of
competitors

(3) A list maintained by the Agency under subsection 9(3) of the Principal Act
continues in existence as a list kept by the Agency under subsection 9(3) of
that Act as amended by this Schedule. Existing contracts with foreign sporting
organisations

(4) A contract entered into by the Agency under section 66B of the Principal
Act and in force immediately before the commencement of this Schedule
continues in force as if it had been entered into under section 17X of that
Act as amended by this Schedule, but nothing in such a contract permits the
Agency to notify the results of a testing carried out under the contract
except as permitted by section 17ZA of that Act as so amended. Existing
approvals of foreign anti-doping bodies

(5) An approval of a foreign anti-doping body in force under subsection 66C(1)
of the Principal Act continues in force as if it were an approval of the body
under subsection 66C(1) of that Act as amended by this Schedule. Existing
regulations to continue in force

(6) The regulations in force immediately before the commencement of this
Schedule under the Principal Act continue in force as if made under that Act
as amended by this Schedule except to the extent to which they are amended by
regulations coming into force on or after that commencement.