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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
SPORTS DRUG TESTING
BILL 2003
Queensland
SPORTS DRUG TESTING BILL 2003
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Objects of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
PART 2--INTERPRETATION
4 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
5 Expressions used in the Commonwealth Act . . . . . . . . . . . . . . . . . . . . . . . . 5
6 References in Commonwealth Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
PART 3--FUNCTIONS AND POWERS
7 Conferral of functions on ASDA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
8 Conferral of powers on ASDA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
9 Agreement between Minister and ASDA . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
10 Federal Court and Administrative Appeals Tribunal . . . . . . . . . . . . . . . . . . . 7
PART 4--MISCELLANEOUS PROVISIONS
11 State competitors under 18 years. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
12 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . 8
DICTIONARY
2003
A BILL
FOR
An Act to enable the Australian Sports Drug Agency to test State
competitors for the use of drugs and doping methods, and for
related purposes
s1 4 s4
Sports Drug Testing Bill 2003
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
1 Short title 3
This Act may be cited as the Sports Drug Testing Act 2003. 4
2 Commencement 5
This Act commences on a day to be fixed by proclamation. 6
3 Objects of Act 7
(1) The objects of this Act are-- 8
(a) to protect the health of State competitors by discouraging the use 9
of drugs and doping methods; and 10
(b) to protect the State's outstanding sporting reputation; and 11
(c) to protect the State's financial investment in sport; and 12
(d) to recognise community expectations that athletes representing 13
the State or receiving State support compete fairly without the 14
use of drugs or doping methods. 15
(2) The objects are to be achieved mainly by conferring functions and 16
powers on ASDA to carry out testing of State competitors for the use of 17
scheduled drugs or doping methods. 18
PART 2--INTERPRETATION 19
4 Definitions 20
The dictionary in the schedule defines particular words used in this Act. 21
s5 5 s6
Sports Drug Testing Bill 2003
5 Expressions used in the Commonwealth Act 1
An expression used in this Act that is also used in the Commonwealth 2
Act has the same meaning in this Act as the expression has in the 3
Commonwealth Act. 4
6 References in Commonwealth Act 5
For this Act, the Commonwealth Act is to be read as if-- 6
(a) a reference to a competitor were a reference to a State 7
competitor; and 8
(b) a reference to an international sporting competition were a 9
reference to a national sporting competition; and 10
(c) a reference to a relevant sporting organisation or relevant national 11
sporting organisation included a reference to a State sporting 12
organisation; and 13
(d) a reference to representing Australia were a reference to 14
representing the State; and 15
(e) a reference to a national team were a reference to a State team; 16
and 17
(f) a reference to something occurring within or outside Australia 18
were a reference to its occurring within or outside the State; and 19
(g) a reference to a sporting administration body included a 20
reference to-- 21
(i) a State sporting organisation; and 22
(ii) the agency responsible for the administration of sport in the 23
State; and 24
(h) any other changes necessary for the operation of this Act were 25
made. 26
s7 6 s9
Sports Drug Testing Bill 2003
PART 3--FUNCTIONS AND POWERS 1
7 Conferral of functions on ASDA 2
(1) ASDA has, in relation to a State competitor, the same functions as it 3
has under the Commonwealth Act in relation to a Commonwealth 4
competitor. 5
(2) The functions include making known information about the use of 6
drugs or doping methods in sport including-- 7
(a) testing procedures and the possibility of a State competitor being 8
asked to supply a sample during competition or training or at 9
another time; and 10
(b) the consequences that follow if a State competitor returns a 11
positive test result or does not comply with a request to supply a 12
sample. 13
(3) ASDA may perform its functions within or outside the State. 14
8 Conferral of powers on ASDA 15
(1) ASDA has under this Act, in relation to a State competitor, power to 16
do all things necessary or convenient for the performance of its functions. 17
(2) The power includes power to charge fees or impose charges that are 18
reasonable for the expense incurred by ASDA in supplying services, 19
information or advice. 20
(3) ASDA may exercise its powers within or outside the State. 21
9 Agreement between Minister and ASDA 22
(1) ASDA may perform its functions and exercise its powers under this 23
Act only if ASDA has entered into an agreement with the Minister about 24
the performance of the functions and the exercise of the powers. 25
(2) The agreement may provide that ASDA must perform its functions 26
and exercise its powers under the Act in the way, and subject to the 27
conditions, stated in the agreement. 28
s 10 7 s 12
Sports Drug Testing Bill 2003
10 Federal Court and Administrative Appeals Tribunal 1
The Federal Court, the Administrative Appeals Tribunal, and members 2
and officers of the court and the tribunal have the same jurisdiction, 3
functions and powers under this Act in relation to a State competitor as they 4
have under the Commonwealth Act in relation to a Commonwealth 5
competitor. 6
PART 4--MISCELLANEOUS PROVISIONS 7
11 State competitors under 18 years 8
(1) ASDA may ask a State competitor who is under 18 years to supply a 9
sample, or may take a sample from a State competitor, only if the 10
competitor's parent or guardian has consented in writing to the sample 11
being taken. 12
(2) The consent may be given either generally or in relation to a 13
particular request. 14
15
Example, for subsection (2), of consent given generally--
16
Consent given--
17
(a) at the time the State competitor becomes a member, as a competitor, of a State
18
sporting organisation; or
19
(b) at the time the State competitor registers with a sporting organisation to
20
compete in an open age sporting competition.
12 Regulation-making power 21
The Governor in Council may make regulations under this Act. 22
8
Sports Drug Testing Bill 2003
SCHEDULE 1
DICTIONARY 2
section 4 3
"Administrative Appeals Tribunal" means the tribunal established under 4
the Administrative Appeals Tribunal Act 1975 (Cwlth). 5
"ASDA" means the Australian Sports Drug Agency established under 6
section 6 of the Commonwealth Act. 7
"Commonwealth Act" means the Australian Sports Drug Agency Act 8
1990 (Cwlth). 9
"Commonwealth competitor" means a `competitor' under the 10
Commonwealth Act. 11
"compete" means compete as an individual or as a member of a team. 12
"open age sporting competition" means a sporting competition that is 13
open-- 14
(a) to persons of any age who are competing at the top level for a 15
sport; or 16
(b) only to persons up to a stated age, that is over the age of 18, who 17
are competing at the top level for a sport. 18
19
Example for paragraph (b)--
20
An `under 23' cycling race.
"State competitor" means a person who-- 21
(a) competes, or has been selected to compete, as a representative of 22
the State in an open age sporting competition; or 23
(b) is included in a group of persons from which persons are to be 24
selected to compete, as representatives of the State, in an open 25
age sporting competition; or 26
(c) competes in an open age sporting competition or participates in 27
training for competition in an open age sporting competition, and 28
is receiving State support; or 29
9
Sports Drug Testing Bill 2003
SCHEDULE (continued)
(d) has been prevented from participating, or has become ineligible 1
to participate, in open age sporting competitions as a 2
representative of the State because the person's name is entered 3
in a register. 4
"State sporting organisation", for a State competitor, means a sporting 5
organisation-- 6
(a) recognised by the agency responsible for the administration of 7
sport in the State as the sporting organisation for a sport in the 8
State; and 9
(b) of which the competitor is, as a competitor, a member or with 10
which the competitor is, as a competitor, associated in any way. 11
"State support" means support from the State or the agency responsible 12
for the administration of sport in the State to take part in, or train for 13
taking part in, sporting activities.1 14
© State of Queensland 2003
1 For "support", see the Commonwealth Act, sections 2 and 3.
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