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Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
The object of this Bill is provide that, instead of the State Act mirroring the
provisions of the Commonwealth Act in relation to the Agency's drug testing
functions, the relevant sports drug testing provisions of the Commonwealth
Act (and regulations) will apply as laws of the State. This means that the drug
testing of State competitors will be done in accordance with the relevant
Commonwealth sports drug testing laws (as applied as laws of the State)
rather than under the separate and inconsistent provisions of the State Act.
The Bill also provides that any future amendment of the Commonwealth laws
will automatically apply at the State level unless the regulations under the
State Act provide for the amendment to be modified in its application (or to
be excluded from so applying).
Clause 2 provides for the commencement of the proposed Act on a day or
days to be appointed by proclamation.
Clause 3 is a formal provision giving effect to the amendments to the Spurts
Drug Testing Act 1995 set out in Schedule I .
Schedule 1
Amendments
Schedule 1 [1]-[3] and [5]-[8] make amendments that are consequential on
the proposed Act providing for the Commonwealth sports drug testing laws
to apply as laws of the State. The Agency will, as a result of the proposed
Act, no longer carry out sports drug testing functions under the provisions of
the State Act, but rather under the new applied provisions scheme.
Schedule 1 [4] inserts the definitions of applied provisions (meaning the
Commonwealth sports drug testing laws that will apply as State laws as a
result of the proposed Act) and Commonwealth sports drug testing laws.
This term refers to the provisions of Part 3 of the Commonwealth Act (that
Part deals with the requesting, collecting and testing of samples by the
Agency) and the regulations made under those provisions.
Schedule 1 [9] enables the Agency to exercise its functions under the applied
provisions in relation to State competitors and at the State level generally.
Also, the Agency will continue to have such other functions as may be
conferred or imposed on it by or under the State Act.
Schedule 1 [10] recasts the existing provision specifying the functions of the
Agency under the State Act in order to take into account the new applied
provisions scheme.
Explanatory note page 2
Schedule 1 [11] re-inserts existing section 12 of the State Act (that section is
repealed by Schedule 1 [ 13]) in the appropriate Part of the State Act. The
retained provision requires the Agency to give notice to, and obtain the
consent of, a parent or guardian of a State competitor who is under the age of
18 years before the Agency collects or accepts a sample for drug testing from
the competitor.
Schedule 1 [12] and [13] replace the existing provisions in the State Act
relating to the Agency's sports drug testing functions at the State level with
the new applied provisions scheme. Under this scheme, the Commonwealth
sports drug testing laws will apply as laws of the State (with necessary
modifications such as the Commonwealth laws extending to State
competitors). Future amendments to the Commonwealth laws will
automatically apply at the State level unless regulations under the State Act
are made within 6 months of the amendments to modify or exclude the
application of the amendments.
Schedule 1 [15] restates an existing provision that requires the Agency to
notify the Director-General of the Department of Sport and Recreation about
State competitors who are listed in the Agency's register under the
Commonwealth Act. That register records the names of those competitors
who have refused to provide samples or who have returned positive test
results.
Schedule 1 [14] is a consequential amendment.
Schedule 1 [16] provides that the Commonwealth Administrative Appeals
Tribunal will have the same functions and jurisdiction under the applied
provisions in relation to State competitors as it has at the Commonwealth
level.
Schedule 1 [17]-[19] make a number of amendments that are consequential
on the introduction of the applied provisions scheme.
Schedule 1 [20] removes from the regulation making power under the State
Act the reference to the making of regulations about collecting samples from
State competitors under the age of 18 years. As a result of the proposed Act,
the collection of samples will be carried out under the applied provisions and
not under the provisions of the State Act or the regulations under the State
Act.
Explanatory note page 3