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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
SPORTS DRUG TESTING
BILL 1996
Queensland
SPORTS DRUG TESTING BILL 1996
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Objects of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Definitions--the dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
5 References to request to supply a sample . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
6 References to regulations under Commonwealth Act . . . . . . . . . . . . . . . . . . 5
PART 2--AUSTRALIAN SPORTS DRUG AGENCY
7 Conferral of functions and powers on agency . . . . . . . . . . . . . . . . . . . . . . . . 5
8 Functions of agency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
9 Powers of agency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
PART 3--SAMPLING OF STATE COMPETITORS
10 Agency may ask for a sample . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
11 Restrictions on taking a sample from a child . . . . . . . . . . . . . . . . . . . . . . . . 7
12 Failure to supply a sample . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
13 Entry in register for not supplying a sample . . . . . . . . . . . . . . . . . . . . . . . . . 8
14 Treatment of samples . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
15 Agency to decide whether test result valid or invalid . . . . . . . . . . . . . . . . . 9
16 Entry in register for positive test result . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
17 Notification to State competitor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
18 Notification of entries in, and removal of entries from, register . . . . . . . . . 11
19 Notification of negative test result . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
20 When State competitor's name and particulars must be removed
from register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
2
Sports Drug Testing
21 Chief executive may ask for register details . . . . . . . . . . . . . . . . . . . . . . . . . 13
22 Sporting organisation to notify chief executive of entry in register . . . . . . . 13
PART 4--GENERAL
23 Confidential information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
24 Agency may delegate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
25 Regulation making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 16
DICTIONARY
1996
A BILL
FOR
An Act to enable the Australian Sports Drug Agency to carry out
sports drug testing on State competitors, and for related
purposes
s1 4 s4
Sports Drug Testing
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
title 3
Short
1. This Act may be cited as the Sports Drug Testing Act 1996. 4
5
Commencement
2. This Act commences on a day to be fixed by proclamation. 6
of Act 7
Objects
3.(1) The objects of this Act are-- 8
(a) to discourage drug use by State competitors; and 9
(b) to establish a drug sampling and testing program in the State to 10
complement the program established under the Australian Sports 11
Drug Agency Act 1990 (Cwlth); and 12
(c) to protect the State's financial investment in sport. 13
(2) The objects are to be achieved principally by conferring functions and 14
powers on the Australian Sports Drug Agency. 15
dictionary 16
Definitions--the
4. The dictionary in the schedule defines particular words used in this 17
Act.1 18
1 In some Acts, definitions are contained in a dictionary that appears as the last
schedule and forms part of the Act--Acts Interpretation Act 1954, section 14(4).
s5 5 s8
Sports Drug Testing
to request to supply a sample 1
References
5.(1) A reference in this Act to a request to a State competitor to supply a 2
sample is a reference to the competitor being asked to supply a sample for 3
testing to detect whether or not the competitor has used a scheduled drug or 4
doping method. 5
(2) Nothing in this Act implies that a person becomes subject to civil or 6
criminal liability merely because the person does not comply with a request 7
to supply a sample. 8
to regulations under Commonwealth Act 9
References
6. In this Act, a reference to regulations made under the Commonwealth 10
Act is a reference to the regulations with any changes necessary for them to 11
apply under this Act. 12
ART 2--AUSTRALIAN SPORTS DRUG AGENCY 13
P
of functions and powers on agency 14
Conferral
7. The agency has the functions and powers given to it under this Act. 15
of agency 16
Functions
8.(1) The functions of the agency are-- 17
(a) to select-- 18
(i) the State competitors who are to be asked to supply samples 19
for testing; and 20
(ii) when and where the competitors are to be asked; and 21
(b) to collect samples from State competitors and arrange secure 22
transport of the samples to, and testing of the samples by, an 23
accredited laboratory; and 24
(c) under this Act, to make entries in the register and to notify entities 25
about the entries; and 26
s9 6 s 10
Sports Drug Testing
(d) to make known information about-- 1
(i) the penalty that may be imposed if a State competitor returns 2
a positive test result or does not comply with a request to 3
supply a sample; and 4
(ii) testing procedures and the possibility of a State competitor 5
being asked to supply a sample at competition, during 6
training or at another time; and 7
(e) to perform other functions given to the agency under this Act. 8
(2) Without limiting the way the agency performs its functions under 9
subsection (1)(a), the agency may prepare and keep a list of all persons the 10
agency knows to be State competitors. 11
(3) The agency may perform its functions-- 12
(a) within or outside the State; and 13
(b) in cooperation with the Commonwealth, another State or any 14
entity. 15
of agency 16
Powers
9.(1) The agency has power to do all things necessary or convenient for 17
the performance of its functions. 18
(2) The agency may charge fees or impose charges that are reasonable 19
for the expense incurred by the agency in supplying services, information or 20
advice. 21
(3) The fee or charge must not amount to a tax. 22
(4) The agency may exercise its powers within or outside the State. 23
ART 3--SAMPLING OF STATE COMPETITORS 24
P
may ask for a sample 25
Agency
10.(1) The agency may ask a State competitor to supply a sample to it. 26
s 11 7 s 12
Sports Drug Testing
(2) The agency must not collect a sample from a State competitor other 1
than for the sample to be tested to detect whether or not the competitor has 2
used a scheduled drug or doping method. 3
(3) A State competitor may be taken to have not complied with a request 4
to supply a sample only if the agency asked for the sample in the way 5
specified in the regulations made under the Commonwealth Act. 6
on taking a sample from a child 7
Restrictions
11. The agency may take a sample, or accept a sample taken, from a 8
State competitor who is a child only if-- 9
(a) the agency has given a parent or guardian of the competitor 10
written notice that a sample is required; and 11
(b) the parent or guardian has consented in writing to the sample 12
being taken; and 13
(c) the parent or guardian, or a person nominated by the parent or 14
guardian for the purpose, is present when the sample is taken. 15
to supply a sample 16
Failure
12.(1) If a State competitor does not comply with a request to supply a 17
sample, the agency must give the competitor a written notice-- 18
(a) stating the competitor has not complied; and 19
(b) inviting the competitor to show, within the submission period, a 20
reasonable excuse for not complying; and 21
(c) stating that, if the agency is satisfied the competitor did not have a 22
reasonable excuse for not complying, the agency will-- 23
(i) enter the competitor's name in the register; and 24
(ii) advise the chief executive of the department, and each 25
sporting organisation with which the competitor is 26
associated in his or her capacity as a competitor, or of which 27
the competitor is a member in that capacity, of the entry. 28
(2) After the submission period ends, the agency must-- 29
(a) consider any submissions made by the competitor; and 30
s 13 8 s 13
Sports Drug Testing
(b) decide whether or not the competitor had a reasonable excuse for 1
not complying; and 2
(c) give written notice of its decision to the competitor. 3
(3) If the agency decides the competitor had a reasonable excuse for not 4
complying, the notice must state that no further action will be taken about 5
the failure to comply. 6
(4) If the agency decides the competitor did not have a reasonable excuse 7
for not complying, the notice must include-- 8
(a) the reasons for the agency's decision; and 9
(b) a statement that, if the competitor is dissatisfied with the decision, 10
the competitor may apply to the Commonwealth Administrative 11
Appeals Tribunal for a review of the decision. 12
(5) A failure to comply with subsection (4) does not affect the validity of 13
the decision. 14
(6) Application may be made to the tribunal for a review of the decision 15
mentioned in subsection (4). 16
(7) In this section-- 17
"submission period" means-- 18
(a) 14 days after the agency gives notice to the competitor under 19
subsection (1); or 20
(b) if the agency considers the competitor is likely to take part in a 21
sporting event within the 14 days--a shorter period the agency 22
considers appropriate. 23
in register for not supplying a sample 24
Entry
13.(1) Subsection (2) applies if-- 25
(a) a State competitor does not comply with a request to supply a 26
sample; and 27
(b) the agency decides the competitor did not have a reasonable 28
excuse for not complying. 29
(2) The agency must, as soon as practicable, enter in the register the 30
competitor's name and the particulars specified in the regulations made 31
s 14 9 s 15
Sports Drug Testing
under the Commonwealth Act, section 14.2 1
(3) If the Commonwealth Administrative Appeals Tribunal sets aside the 2
agency's decision that a competitor did not have a reasonable excuse for not 3
complying, the agency must, as soon as practicable, remove the entry about 4
the competitor from the register. 5
of samples 6
Treatment
14.(1) A sample supplied by a State competitor must be dealt with in the 7
following way-- 8
(a) the sample must be taken in the way prescribed; 9
(b) the container in which the sample is kept must-- 10
(i) be sealed in the way prescribed; and 11
(ii) remain sealed until opened for testing the sample; 12
(c) the identification and attestation, the transport and the testing of 13
the sample must be carried out in the way prescribed; 14
(d) the testing of the sample must be carried out by an accredited 15
laboratory; 16
(e) the laboratory must notify the agency of the results of the test as 17
soon as practicable and in the prescribed way; 18
(f) the agency must notify the competitor of the results of the test as 19
soon as practicable and in the prescribed way. 20
(2) In this section-- 21
"prescribed" means prescribed by the regulations made under the 22
Commonwealth Act. 23
to decide whether test result valid or invalid 24
Agency
15.(1) If a State competitor returns a positive test result, the agency must, 25
as soon as practicable-- 26
2 Commonwealth Act, section 14 (Entry of competitor's name on Register--failure
to provide a sample)
s 16 10 s 16
Sports Drug Testing
(a) give the competitor written notice of the result; and 1
(b) invite the competitor to submit, within 7 days after receiving the 2
notice, any information or evidence the competitor might have to 3
support a decision that the result is invalid; and 4
(c) after the end of the 7 days, decide whether the result is valid or 5
invalid. 6
(2) The agency may decide the result is invalid only if, taking into 7
account any submissions made by the competitor, the agency is satisfied-- 8
(a) the requirements about sealing the container, mentioned in 9
section 14,3 have not been complied with; or 10
(b) the sample was not tested by an accredited laboratory; or 11
(c) the sample was tampered with by someone other than the 12
competitor or a person chosen by the competitor to oversee any 13
part of the collection or testing of the sample. 14
(3) The agency must give written notice of its decision to the competitor 15
as soon as practicable after making the decision. 16
(4) If the agency decides the result is valid, the agency must include in 17
the notice-- 18
(a) the reasons for its decision; and 19
(b) a statement that, if the competitor is dissatisfied with the decision, 20
the competitor may apply to the Commonwealth Administrative 21
Appeals Tribunal for a review of the decision. 22
(5) A failure to comply with subsection (4) does not affect the validity of 23
the decision. 24
(6) Application may be made to the tribunal for a review of the decision 25
mentioned in subsection (4). 26
in register for positive test result 27
Entry
16.(1) Subsection (2) applies if-- 28
(a) a State competitor returns a positive test result; and 29
3 Section 14 (Treatment of samples)
s 17 11 s 18
Sports Drug Testing
(b) the agency decides the result is valid. 1
(2) The agency must, as soon as practicable, enter in the register the 2
competitor's name and the particulars specified in the regulations made 3
under the Commonwealth Act, section 16A.4 4
(3) If the Commonwealth Administrative Appeals Tribunal sets aside the 5
agency's decision that the result is valid, the agency must, as soon as 6
practicable, remove the entry about the competitor from the register. 7
to State competitor 8
Notification
17. The agency is taken to have given notice under this Act to a State 9
competitor if-- 10
(a) the notice is given to the competitor personally and the competitor 11
acknowledges, in writing, receiving the notice; or 12
(b) the notice is sent to the competitor by security post or certified 13
mail; or 14
(c) notice is given in the way prescribed in the regulations made 15
under the Commonwealth Act; or 16
(d) if the competitor cannot be given notice in a way mentioned in 17
paragraph (a), (b) or (c)--the agency gives the notice, in a sealed 18
envelope, to a sporting organisation of which the competitor is a 19
member for forwarding to the competitor. 20
of entries in, and removal of entries from, register 21
Notification
18.(1) As soon as practicable after entering a State competitor's name in 22
the register, the agency must give written notice of the contents of the entry 23
about the competitor to-- 24
(a) the competitor; and 25
(b) each sporting organisation with which the competitor is 26
associated in his or her capacity as a competitor, or of which the 27
competitor is a member in that capacity; and 28
4 Commonwealth Act, section 16A (Entry of competitor's name on
Register--positive test result)
s 19 12 s 20
Sports Drug Testing
(c) if the competitor receives State support--the chief executive of 1
the department, and any State agency supplying the support. 2
(2) Subsection (3) applies if, after an entry has been made in the register 3
under section 13(2) or 16(2)5-- 4
(a) the entry is removed from the register under section 13(3) or 5
16(3); or 6
(b) an order is made under the Administrative Appeals Tribunal Act 7
1975 (Cwlth) staying or otherwise affecting the operation or 8
implementation of the agency's decision. 9
(3) The agency must, as soon as practicable, give written notice of the 10
removal or order to the entities to whom notice was given under 11
subsection (1). 12
(4) Notice to an entity mentioned in subsection (1)(b) or (c)6 is to be in 13
the form, and given in the way, prescribed in the regulations made under the 14
Commonwealth Act, section 17.7 15
of negative test result 16
Notification
19. If a State competitor returns a negative test result, the agency may 17
give notice of the result to-- 18
(a) each sporting organisation with which the competitor is 19
associated in his or her capacity as a competitor, or of which the 20
competitor is a member in that capacity; or 21
(b) if the competitor receives State support--the chief executive of 22
the department, and any State agency supplying the support. 23
State competitor's name and particulars must be removed from 24
When
register 25
20.(1) This section applies if a State competitor has been prevented from 26
5 Section 13 (Entry in register for not supplying a sample)
Section 16 (Entry in register for positive test result)
6 For the method of giving notice to a State competitor--see section 17.
7 Commonwealth Act, section 17 (Notification of entries on Register)
s 21 13 s 22
Sports Drug Testing
participating, or has become ineligible to participate, in sporting events or 1
sporting activities for a certain period (the "suspension period") because 2
the competitor's name has been entered in the register. 3
(2) The agency must remove the competitor's name, and all particulars 4
about the competitor, from the register as soon as practicable after-- 5
(a) if paragraph (b) does not apply--the suspension period ends; or 6
(b) if the competitor was, before the suspension period began, 7
receiving State support and, because the competitor's name has 8
been entered in the register, the competitor has been disqualified 9
from receiving, or has become ineligible to receive, the support 10
for a period that ends after the suspension period--the end of that 11
later period. 12
executive may ask for register details 13
Chief
21.(1) The chief executive of the department may ask the agency for all 14
or any of the following information-- 15
(a) whether a State competitor has returned a negative test result; 16
(b) whether a State competitor's name has been entered in the 17
register; 18
(c) if a State competitor's name has been entered in the 19
register--details of the entry about the competitor. 20
(2) The agency must comply with a request under subsection (1). 21
(3) The chief executive's request, and the agency's response, must be in 22
writing. 23
organisation to notify chief executive of entry in register 24
Sporting
22.(1) This section applies if a sporting organisation is notified by the 25
agency that the name of a State competitor who, in his or her capacity as a 26
competitor, is associated with, or a member of, the organisation has been 27
entered in the register. 28
(2) The organisation must give the chief executive of the department 29
written notice of the contents of the entry about the competitor and 30
s 23 14 s 23
Sports Drug Testing
particulars of the action taken, or intended to be taken, by the sporting 1
organisation because of the entry. 2
PART 4--GENERAL 3
information 4
Confidential
23.(1) In this section-- 5
"court" includes a tribunal, authority or person having power to require the 6
production of documents or the answering of questions. 7
"relevant person" is a person who is or has been-- 8
(a) a member of the agency; or 9
(b) a member of a committee of the agency; or 10
(c) an employee of, or consultant to, the agency; or 11
(d) a person attending a meeting of the agency or a committee of the 12
agency; or 13
(e) an employee of an accredited laboratory; or 14
(f) an officer or employee of the department. 15
(2) This section applies to information (the "information") about a State 16
competitor obtained by a relevant person-- 17
(a) in the course of performing functions or exercising powers under 18
this Act; or 19
(b) because of someone else performing functions or exercising 20
powers under this Act. 21
(3) The relevant person must not disclose the information to anyone else 22
unless the disclosure is necessary-- 23
(a) under this Act; or 24
(b) for performing a function or exercising a power under this Act; or 25
s 24 15 s 25
Sports Drug Testing
(c) to comply with an order of a court. 1
Maximum penalty--100 penalty units or 6 months imprisonment. 2
may delegate 3
Agency
24. The agency may delegate the agency's powers under this Act to an 4
officer or employee of the agency. 5
making power 6
Regulation
25. The Governor in Council may make regulations under this Act. 7
8
16
Sports Drug Testing
CHEDULE 1
¡S
ICTIONARY 2
D
section 4 3
"accredited laboratory" see the Commonwealth Act, section 2.8 4
"agency" means the Australian Sports Drug Agency established under the 5
Commonwealth Act. 6
"at competition", for a State competitor, has the same meaning as the 7
expression has under the Commonwealth Act9 for a competitor. 8
"child" means an individual under 18 years. 9
"Commonwealth Act" means the Australian Sports Drug Agency Act 10
1990 (Cwlth). 11
"Commonwealth Administrative Appeals Tribunal" means the tribunal 12
established under the Administrative Appeals Tribunal Act 1975 13
(Cwlth). 14
"negative test result", for a State competitor, has the same meaning as the 15
8 Commonwealth Act, section 2--
` "accredited laboratory" means a laboratory that is included in the list prepared
and maintained by the Agency under section 66.'.
9 Commonwealth Act, section 2--
`(3) For the purposes of this Act, a competitor is taken to provide a sample at
competition if the competitor provides the sample--
(a) on a day on which the competitor is to take, or takes, part in a sporting
event or sporting activity; or
(b) if the sporting event or sporting activity in which the competitor is to take
part is one of a number of related events or activities (like the Olympic
Games or a World Cup Series)--on any day in the period during which
the events or activities take place.'.
17
Sports Drug Testing
SCHEDULE (continued)
expression has under the Commonwealth Act10 for a competitor. 1
"positive test result", for a State competitor, has the same meaning as the 2
expression has under the Commonwealth Act11 for a competitor. 3
"register" has the same meaning as `Register' has under the 4
Commonwealth Act.12 5
"sample" see the Commonwealth Act, section 2.13 6
"scheduled drug or doping method" means a drug, or a doping method, 7
included in the schedule maintained by the agency under the 8
Commonwealth Act, section 9(1)(a).14 9
"State competitor" means a person who-- 10
10 Commonwealth Act, section 2--
` "negative 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,
that is not a positive test result.'.
11 Commonwealth Act, section 2--
` "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 or 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.'.
12 Commonwealth Act, section 2--
` "Register" means the Register of Notifiable Events established and maintained by
the Agency under section 11.'.
13 Commonwealth Act, section 2--
` "sample" means any human biological fluid or tissue.'.
14 Commonwealth Act, section 9 (Functions)
18
Sports Drug Testing
SCHEDULE (continued)
(a) competes, or has been selected to compete, as a representative of 1
the State in a sporting event or series of sporting events, either as 2
an individual or as a member of a team; or 3
(b) is included in a group of persons from which persons are to be 4
selected to compete, as representatives of the State, in a sporting 5
event or series of sporting events, either as individuals or as 6
members of a team; or 7
(c) competes in sporting activities or participates in training for 8
competition in sporting activities, and is receiving State support; 9
or 10
(d) has been prevented from participating, or has become ineligible to 11
participate, in sporting events or sporting activities because the 12
person's name is entered in the register under this Act. 13
"State support" means financial support from the State or a State agency 14
to compete, or train for competition, in sporting activities. 15
16
© State of Queensland 1996
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