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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Sports Anti-doping Act 2005
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 2
3. Definitions 2
4. Objects 4
5. State support 4
PART 2--VICTORIAN SPORTS ANTI-DOPING POLICY 6
6. Victorian sports anti-doping policy 6
7. Consultation 7
8. Publication and availability 7
PART 3--ROLE OF ASDA 8
9. Functions of ASDA under this Act 8
10. Powers of ASDA under this Act 8
11. Agreement between ASDA and Victorian sporting
organisations 9
12. Commonwealth Administrative Appeals Tribunal 9
PART 4--GENERAL 10
13. Repeal of Sports Drug Testing Act 1995 10
14. Regulations 10
ENDNOTES 11
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551364B.I1-16/8/2005 BILL LA INTRODUCTION 16/8/2005
PARLIAMENT OF VICTORIA
A BILL
to re-enact with amendments the law relating to anti-doping in sport,
to confer functions on the Australian Sports Drug Agency, to repeal
the Sports Drug Testing Act 1995 and for other purposes.
Sports Anti-doping Act 2005
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The purpose of this Act is to--
(a) re-enact with amendments the law relating to
anti-doping in sport;
5
(b) confer functions on the Australian Sports
Drug Agency;
(c) repeal the Sports Drug Testing Act 1995.
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551364B.I1-16/8/2005 BILL LA INTRODUCTION 16/8/2005
Sports Anti-doping Act 2005
Act No.
Part 1--Preliminary
s. 2
2. Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
3. Definitions
(1) In this Act--
5
"ASDA" means the Australian Sports Drug
Agency established by the Commonwealth
Act;
"Commonwealth Act" means the Australian
Sports Drug Agency Act 1990 of the
10
Commonwealth;
"Commonwealth Administrative Appeals
Tribunal" means the Administrative
Appeals Tribunal established by the
Administrative Appeals Tribunal Act 1975
15
of the Commonwealth;
"Commonwealth competitor" means a
competitor within the meaning of the
Commonwealth Act;
"State support" has the meaning given in
20
section 5;
"Victorian athlete" means a person (other than a
Commonwealth competitor) who--
(a) competes or has been selected to
compete in a Victorian sporting
25
competition, either as an individual or
as a member of a team; or
(b) trains for the purposes of competing or
being selected to compete in a
Victorian sporting competition, either
30
as an individual or as a member of a
team; or
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Sports Anti-doping Act 2005
Act No.
Part 1--Preliminary
s. 3
(c) receives State support for the purposes
of competing in a Victorian sporting
competition or training to compete in a
Victorian sporting competition, either
as an individual or as a member of a
5
team;
"Victorian Minister" means the responsible
Minister of the Crown in right of Victoria for
the time being administering this Act;
"Victorian sporting competition" means a
10
sporting competition--
(a) held wholly or partly in Victoria; or
(b) held wholly outside Victoria but in
which one or more of the persons
competing do so as members of, or in
15
any way associated with, a Victorian
sporting organisation;
Note: "sporting competition" is defined in the
Commonwealth Act.
"Victorian sporting organisation", in relation to
20
a Victorian athlete, means a sporting
organisation--
(a) recognised by the Victorian Minister as
the sporting organisation for a sport in
Victoria; and
25
(b) of which the athlete is, in his or her
capacity as an athlete, a member or
with which the athlete is, in that
capacity, associated in any way.
30 Note: "sporting organisation" is defined in the
Commonwealth Act.
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Sports Anti-doping Act 2005
Act No.
Part 1--Preliminary
s. 4
(2) If this Act uses a term that is used in the
Commonwealth Act, the term has the same
meaning in this Act as it has in the
Commonwealth Act unless the contrary intention
appears in this Act.
5
4. Objects
The objects of this Act are--
(a) to ensure that ASDA is able to fulfil its
doping control obligations under the World
Anti-Doping Code in relation to Victorian
10
athletes;
(b) to promote a positive culture and values
around sport and recreation and protect the
health of Victorian athletes by discouraging
the use of drugs and doping methods;
15
(c) to recognise community expectations that
Victorian athletes compete fairly without the
use of drugs or doping methods and are
subject to uniform doping control measures;
(d) to provide for the development and
20
implementation of policies for the provision
of guidance and direction to Victorian
sporting organisations to understand their
anti-doping obligations.
5. State support
25
For the purposes of this Act, a person is taken to
be receiving State support if for the purpose of--
(a) taking part in sporting activities or training to
take part in sporting activities; or
(b) coaching, training or treating another person
30
taking part in sporting activities or to take
part in sporting activities--
the person--
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551364B.I1-16/8/2005 BILL LA INTRODUCTION 16/8/2005
Sports Anti-doping Act 2005
Act No.
Part 1--Preliminary
s. 5
(c) receives funding from the State or an agency
of the State; or
(d) uses facilities that are provided (wholly or
partly) by the State or an agency of the State,
or are operated or maintained (wholly or
5
partly) with funding received from the State
or agency; or
(e) is a member of, or is in any way associated
with, a sporting organisation that--
(i) receives funding from the State or an
10
agency of the State; or
(ii) uses facilities that are provided (wholly
or partly) by the State or an agency of
the State, or are operated or maintained
(wholly or partly) with funding
15
received from the State or agency; or
(iii) receives advice or other services from
the State or an agency of the State.
__________________
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Sports Anti-doping Act 2005
Act No.
Part 2--Victorian Sports Anti-doping Policy
s. 6
PART 2--VICTORIAN SPORTS ANTI-DOPING POLICY
6. Victorian sports anti-doping policy
(1) The Victorian Minister must prepare and maintain
a Victorian sports anti-doping policy.
(2) The objects of the policy are--
5
(a) to promote and encourage ethical
participation in sport and recreation in
Victoria; and
(b) to discourage the use of drugs and doping
methods in sport and recreation in Victoria.
10
(3) The policy--
(a) must be consistent with the purpose and
intent of the World Anti-Doping Code; and
(b) may include any provisions the Victorian
Minister considers necessary to support the
15
purpose and intent of the World Anti-Doping
Code; and
(c) may authorise the Victorian Minister to issue
guidelines for the withdrawal of State
support from a person who is sanctioned
20
under a Code compliant anti-doping policy.
(4) In sub-section (3)(c)--
"Code compliant anti-doping policy" means a
policy or rule (however described) of a
sporting organisation that--
25
(a) governs the participation by persons in
a sporting event controlled, organised
or administered by that organisation;
and
(b) conforms to the World Anti-Doping
30
Code.
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Sports Anti-doping Act 2005
Act No.
Part 2--Victorian Sports Anti-doping Policy
s. 7
7. Consultation
The Victorian Minister must consult with any
Victorian sporting organisations the Minister
considers appropriate in preparing the Victorian
sports anti-doping policy and preparing any
5
amendments to it.
8. Publication and availability
(1) The Victorian Minister must publish the Victorian
sports anti-doping policy and any amendments to
it on an appropriate government Internet website.
10
(2) The Victorian Minister must publish any
guidelines referred to in section 6(3)(c)--
(a) in the Government Gazette; and
(b) on an appropriate government Internet
website.
15
__________________
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Sports Anti-doping Act 2005
Act No.
Part 3--Role of ASDA
s. 9
PART 3--ROLE OF ASDA
9. Functions of ASDA under this Act
(1) ASDA has, in relation to a Victorian athlete, the
same functions as it has under the Commonwealth
Act in relation to a Commonwealth competitor.
5
(2) The functions include making known information
about the use of drugs or doping methods in sport
including--
(a) testing procedures and the possibility of a
Victorian athlete being asked to supply a
10
sample during competition or training or at
another time; and
(b) the consequences that follow if a Victorian
athlete returns a positive test result or does
not comply with a request to supply a
15
sample.
(3) ASDA may perform its functions in or outside
Victoria.
10. Powers of ASDA under this Act
(1) ASDA has, in relation to a Victorian athlete,
20
power to do all things necessary or convenient for
the performance of its functions.
(2) The power includes power to charge fees or
impose charges that are reasonable for the expense
incurred by ASDA in supplying services,
25
information or advice.
(3) ASDA may exercise its powers in or outside
Victoria.
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Sports Anti-doping Act 2005
Act No.
Part 3--Role of ASDA
s. 11
11. Agreement between ASDA and Victorian sporting
organisations
(1) ASDA may perform its functions or exercise its
powers under this Act in relation to a Victorian
athlete only if there is an agreement in place
5
between ASDA and the athlete's Victorian
sporting organisation about the performance of
ASDA's functions and the exercise of ASDA's
powers in relation to that organisation's Victorian
athletes.
10
(2) An agreement referred to in sub-section (1) may
provide that ASDA must perform its functions and
exercise its powers in relation to Victorian athletes
in the way, and subject to the conditions, stated in
the agreement.
15
12. Commonwealth Administrative Appeals Tribunal
The Commonwealth Administrative Appeals
Tribunal, and members and officers of that
Tribunal, have the same jurisdiction, functions
and powers under this Act in relation to a
20
Victorian athlete as they have under the
Commonwealth Act in relation to a
Commonwealth competitor.
__________________
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551364B.I1-16/8/2005 BILL LA INTRODUCTION 16/8/2005
Sports Anti-doping Act 2005
Act No.
Part 4--General
s. 13
PART 4--GENERAL
See: 13. Repeal of Sports Drug Testing Act 1995
Act No.
3/1995.
The Sports Drug Testing Act 1995 is repealed.
LawToday:
www.dms.
dpc.vic.
gov.au
14. Regulations
(1) The Governor in Council may make regulations
5
for or with respect to--
(a) the conduct of anti-doping control testing;
(b) the development and operation of anti-
doping control sample collection and testing
facilities for Victorian athletes at Victorian
10
sporting facilities and Victorian sporting
competitions;
(c) any matter or thing required or permitted to
be prescribed to ensure that ASDA is able to
fulfil its responsibilities as a national anti-
15
doping organization under the World Anti-
Doping Code in relation to Victorian
athletes;
(d) any matter or thing required or permitted by
this Act to be prescribed or necessary to be
20
prescribed to give effect to this Act.
(2) The regulations--
(a) may be of general or limited application;
(b) may differ according to differences in time,
place or circumstances.
25
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Sports Anti-doping Act 2005
Act No.
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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551364B.I1-16/8/2005 BILL LA INTRODUCTION 16/8/2005
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