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Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides that the proposed Act will commence on a day or days
to be proclaimed.
Clause 3 sets out the object of the proposed Act.
Clause 4 defines certain words and expressions used in the proposed Act.
Important definitions include negative test result, positive test result and
State competitor.
Clause 5 defines persons receiving State support. They are persons who
receive funding directly from the State, or directly under a State funded
program, for the purpose of participating in sporting activities or for training
for participation in sporting activities.
Clause 6 defines a request to provide a sample to mean a request to provide
a sample for the purpose of detecting whether a competitor has used a
scheduled drug or doping method. The proposed section makes it clear that
there is no criminal or civil liability merely because of a failure to comply
with a request to provide a sample.
Clause 7 adopts and adapts the Commonwealth Australian Sports Drug
Agency Regulations (the "Commonwealth Regulations") for the purposes of
the proposed Act.
Part 2
Australian Sports Drug Agency
Clause 8 confers on the Agency the powers and functions conferred by the
proposed Act.
Clause 9 sets out the functions of the Agency, including the following:
· making entries in the Register of Notifiable Events under the
Commonwealth legislation (the "Register")
· disseminating information about penalties and testing procedures
under the proposed Act
· selecting competitors to be tested
· collecting samples from competitors for the purpose of determining
whether competitors have been using scheduled drugs or doping
methods and arranging for the testing of such samples
Clause 10 sets out the powers of the Agency, including charging fees for
services.
Explanatory note page 2
Part 3
Sampling of State competitors
Clause 11 empowers the Agency to request samples from State
competitors. A competitor will not be taken to have complied with a request
to provide a sample unless the request is in accordance with the
Commonwealth Regulations.
Clause 12 prohibits the Agency from collecting or accepting a sample from
a State competitor under 18 years without first obtaining consent from a
parent or guardian.
Clause 13 sets out the procedure to be followed if a State competitor fails
to comply with a request to provide a sample for testing. The competitor is
to be given an opportunity to provide a reasonable cause for the failure and
can appeal to the Administrative Appeals Tribunal of the Commonwealth if
the Agency decides that there was no reasonable cause for the failure.
Clause 14 requires a State competitor's name to be entered on the Register
if the competitor failed to comply with a request to provide a sample and the
Agency decides that there was no reasonable cause for the failure. Any such
entry must be removed if the decision is set aside by the Administrative
Appeals Tribunal.
Clause 15 sets out the requirements for dealing with samples provided by
State competitors. Details of the requirements are contained in the
Commonwealth Regulations.
Clause 16 sets out the procedure to be followed if a State competitor
returns a positive test result. The competitor is to be given an opportunity to
provide evidence that the result is invalid and can appeal to the
Administrative Appeals Tribunal if the Agency decides that the result is
valid. The Agency can decide a result is invalid if procedural requirements
are not complied with, the sample was not tested by an accredited laboratory
or the sample was tampered with.
Clause 17 requires a State competitor's name to be entered on the Register
by the Agency if the competitor returns a valid positive test result.
Clause 18 sets out the way in which the Agency must notify a State
competitor of results and rights under the proposed Act. Notice may be
given by hand, by certified mail or, if notice in any of these ways is not
possible, by sealed envelope to a sporting organisation of which the
competitor is a member for forwarding to the competitor.
Clause 19 requires the Agency to notify a State competitor, any national
sporting organisation of which the competitor is a member or with which the
competitor is associated, and the Director-General of the Department of
Sport and Recreation when an entry is made on, or removed from, the
Register.
Explanatory note page 3
Clause 20 enables the Agency to notify any national sporting organisation
of which a State competitor is a member or with which the competitor is
associated and the Director-General of the Department of Sport and
Recreation when the competitor returns a negative test result.
Clause 21 requires the Agency to remove a child (under 18) competitor's
name from the Register at the end of any period of suspension resulting from
the entry on the Register.
Clause 22 enables the Minister to ask the Agency to notify the Minister
whether specified State competitors have been entered on the Register and of
the contents of any such entry, as well as whether specified State competitors
have returned a negative test result.
Clause 23 requires a sporting organisation given notice of an entry on the
Register concerning one of its competitors to notify the Director-General of
the Department of Sport and Recreation of the contents of the entry and any
action taken, or intended to be taken, by the organisation.
Part 4 Miscellaneous
Clause 24 is a formal provision conferring necessary jurisdiction on the
Administrative Appeals Tribunal.
Clause 25 prohibits, except for the purposes of the proposed Act or the
performance of functions or duties under the proposed Act, the disclosure of
confidential information obtained, in connection with powers and functions
under the proposed Act, by members or employees of the Agency, members
of a committee of the Agency, persons attending meetings of the Agency or
a committee of the Agency and employees of accredited laboratories.
Clause 26 provides for offences under the proposed Act to be dealt with
summarily by a Local Court constituted by a Magistrate sitting alone.
Clause 27 enables the Agency to delegate powers or functions to the
Chairperson of the Agency, the Chief Executive of the Agency or any
employee of the Agency.
Clause 28 empowers the Governor to make regulations.
Clause 29 provides for a review of the operation of the proposed Act to be
conducted by the Minister after 5 years from the date of assent.
Explanatory note page 4