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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017-2018-2019
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Australian Sports Anti-Doping Authority
Amendment (Enhancing Australia's
Anti-Doping Capability) Bill 2019
No. , 2019
(Regional Services, Sport, Local Government and Decentralisation)
A Bill for an Act to amend the Australian Sports
Anti-Doping Authority Act 2006, and for related
purposes
No. , 2019
Australian Sports Anti-Doping Authority Amendment (Enhancing
Australia's Anti-Doping Capability) Bill 2019
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Part 1--Anti-Doping Rule Violation Panel
3
Australian Sports Anti-Doping Authority Act 2006
3
Australian Sports Commission Act 1989
8
Part 2--Protection from civil actions
9
Australian Sports Anti-Doping Authority Act 2006
9
Part 3--Disclosure to courts or tribunals
10
Australian Sports Anti-Doping Authority Act 2006
10
Part 4--Disclosure notices
11
Australian Sports Anti-Doping Authority Act 2006
11
No. , 2019
Australian Sports Anti-Doping Authority Amendment (Enhancing
Australia's Anti-Doping Capability) Bill 2019
1
A Bill for an Act to amend the Australian Sports
1
Anti-Doping Authority Act 2006, and for related
2
purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the Australian Sports Anti-Doping Authority
6
Amendment (Enhancing Australia's Anti-Doping Capability) Act
7
2019.
8
2 Commencement
9
(1) Each provision of this Act specified in column 1 of the table
10
commences, or is taken to have commenced, in accordance with
11
2
Australian Sports Anti-Doping Authority Amendment (Enhancing
Australia's Anti-Doping Capability) Bill 2019
No. , 2019
column 2 of the table. Any other statement in column 2 has effect
1
according to its terms.
2
3
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
A single day to be fixed by Proclamation.
However, if the provisions do not commence
within the period of 6 months beginning on
the day this Act receives the Royal Assent,
they commence on the day after the end of
that period.
Note:
This table relates only to the provisions of this Act as originally
4
enacted. It will not be amended to deal with any later amendments of
5
this Act.
6
(2) Any information in column 3 of the table is not part of this Act.
7
Information may be inserted in this column, or information in it
8
may be edited, in any published version of this Act.
9
3 Schedules
10
Legislation that is specified in a Schedule to this Act is amended or
11
repealed as set out in the applicable items in the Schedule
12
concerned, and any other item in a Schedule to this Act has effect
13
according to its terms.
14
Amendments Schedule 1
Anti-Doping Rule Violation Panel Part 1
No. , 2019
Australian Sports Anti-Doping Authority Amendment (Enhancing
Australia's Anti-Doping Capability) Bill 2019
3
Schedule 1--Amendments
1
Part 1--Anti-Doping Rule Violation Panel
2
Australian Sports Anti-Doping Authority Act 2006
3
1 Section 3
4
Omit "the Anti-Doping Rule Violation Panel (known as the ADRVP)
5
and".
6
2 Section 3
7
Omit "The ADRVP has various functions, including those conferred on
8
the ADRVP by the NAD scheme (see section 41). The NAD scheme
9
must authorise the ADRVP to make assertions relating to investigations
10
of possible violations of the anti-doping rules, and require the ADRVP
11
to notify the CEO of such assertions.".
12
3 Section 4
13
Repeal the following definitions:
14
(a) definition of ADRVP;
15
(b) definition of ADRVP Chair;
16
(c) definition of ADRVP member.
17
4 Section 4 (definition of sporting administration body)
18
Omit "or the ADRVP".
19
5 Section 4 (definition of vacancy)
20
Repeal the definition, substitute:
21
vacancy, in relation to the office of an ASDMAC primary member,
22
has a meaning affected by section 5.
23
6 Section 5
24
Repeal the section, substitute:
25
5 When is there a vacancy?
26
For the purposes of a reference in:
27
Schedule 1 Amendments
Part 1 Anti-Doping Rule Violation Panel
4
Australian Sports Anti-Doping Authority Amendment (Enhancing
Australia's Anti-Doping Capability) Bill 2019
No. , 2019
(a) this Act to a vacancy in the office of an ASDMAC primary
1
member; or
2
(b) the Acts Interpretation Act 1901 to a vacancy in the
3
membership of a body;
4
there are taken to be 6 offices of ASDMAC primary members.
5
7 Section 8A
6
Omit "and review".
7
8 Paragraph 13(1)(h)
8
Omit "ADRVP", substitute "CEO".
9
9 Paragraph 13(1)(i)
10
Repeal the paragraph.
11
10 Subparagraph 13(1)(k)(i)
12
Repeal the subparagraph, substitute:
13
(i) such assertions; and
14
11 Paragraph 13(1)(m)
15
Omit "assertions mentioned in paragraph (i)", substitute "such
16
assertions".
17
12 Paragraph 13A(1A)(b)
18
Omit "rules; and", substitute "rules.".
19
13 Paragraph 13A(1A)(c)
20
Repeal the paragraph.
21
14 Subsection 14(1)
22
Omit "to (4)", substitute "and (3)".
23
15 Subsection 14(3)
24
Omit "ADRVP" (wherever occurring), substitute "CEO".
25
16 Subsection 14(4)
26
Repeal the subsection.
27
Amendments Schedule 1
Anti-Doping Rule Violation Panel Part 1
No. , 2019
Australian Sports Anti-Doping Authority Amendment (Enhancing
Australia's Anti-Doping Capability) Bill 2019
5
17 Paragraph 15(2)(d)
1
Omit "ADRVP's", substitute "CEO's".
2
18 Paragraph 18(aa)
3
Repeal the paragraph.
4
19 Paragraph 21(1)(kb)
5
Repeal the paragraph.
6
20 Subsection 24A(2)
7
Repeal the subsection.
8
21 Part 5
9
Repeal the Part.
10
22 Paragraphs 50F(a) and (b)
11
Repeal the paragraphs, substitute:
12
(a) the Australian Sports Anti-Doping Authority is a listed
13
entity; and
14
23 Paragraphs 50F(c) and (d)
15
Omit "listed entity", substitute "Australian Sports Anti-Doping
16
Authority".
17
24 Subparagraph 50F(d)(iv)
18
Repeal the subparagraph.
19
25 Paragraph 50F(e)
20
Omit "listed entity", substitute "Australian Sports Anti-Doping
21
Authority".
22
26 Subparagraph 50F(e)(ii)
23
Omit "section 21; and", substitute "section 21.".
24
27 Subparagraph 50F(e)(iv)
25
Repeal the subparagraph.
26
Schedule 1 Amendments
Part 1 Anti-Doping Rule Violation Panel
6
Australian Sports Anti-Doping Authority Amendment (Enhancing
Australia's Anti-Doping Capability) Bill 2019
No. , 2019
28 Subsection 54(2A)
1
Repeal the subsection.
2
29 Subsection 60(2)
3
Omit "the ADRVP,".
4
30 Section 67A
5
Omit "or the ADRVP".
6
31 Paragraph 68(d)
7
Repeal the paragraph.
8
32 Paragraphs 69(c) and (d)
9
Omit ", the ADRVP".
10
33 Paragraph 69(fa)
11
Repeal the paragraph.
12
34 Subsection 78(1B)
13
Repeal the subsection.
14
35 Paragraphs 78(3)(a) and (b)
15
Omit "or the ADRVP".
16
36 Paragraphs 78(4)(a), (b) and (c)
17
Omit ", the ADRVP".
18
37 Paragraph 78(4)(da)
19
Repeal the paragraph.
20
38 Saving and transitional provisions
21
Secrecy
22
(1)
Part 8 of the Australian Sports Anti-Doping Authority Act 2006, as in
23
force immediately before the commencement of this item, continues to
24
apply on and after that commencement in relation to a person who at
25
any time before that commencement was:
26
Amendments Schedule 1
Anti-Doping Rule Violation Panel Part 1
No. , 2019
Australian Sports Anti-Doping Authority Amendment (Enhancing
Australia's Anti-Doping Capability) Bill 2019
7
(a) a person engaged by the Commonwealth to perform services
1
for the ADRVP; or
2
(b) a designated associate of:
3
(i) a person; or
4
(ii) a partnership;
5
engaged by the Commonwealth to perform services for the
6
ADRVP; or
7
(c) an ADRVP member.
8
Protection from civil actions
9
(2)
Despite the repeal of subsection 78(1B) of the Australian Sports
10
Anti-Doping Authority Act 2006 made by this Part, that subsection, as in
11
force immediately before the commencement of this item, continues to
12
apply on and after that commencement to a former ADRVP member in
13
relation to an act done or omitted to be done before that
14
commencement.
15
(3)
Subsection 78(3) of the Australian Sports Anti-Doping Authority Act
16
2006, as in force immediately before that commencement, continues to
17
apply on or after that commencement in relation to a publication or
18
disclosure in good faith made before that commencement:
19
(a) in the performance or purported performance of any function
20
of the ADRVP; or
21
(b) in the exercise or purported exercise of any power of the
22
ADRVP.
23
(4)
Subsection 78(4) of the Australian Sports Anti-Doping Authority Act
24
2006, as in force immediately before the commencement of this item,
25
continues to apply on or after that commencement in relation to the
26
making of a statement to, or the giving of a document or information to,
27
the ADRVP at any time before that commencement.
28
Records or documents
29
(5)
Any records or documents that were in the possession of the ADRVP
30
immediately before the commencement of this item are to be transferred
31
to the CEO after that commencement.
32
Note:
The records and documents are Commonwealth records for the purposes of the Archives
33
Act 1983.
34
Schedule 1 Amendments
Part 1 Anti-Doping Rule Violation Panel
8
Australian Sports Anti-Doping Authority Amendment (Enhancing
Australia's Anti-Doping Capability) Bill 2019
No. , 2019
Australian Sports Commission Act 1989
1
39 Section 57A (heading)
2
Omit "or the Anti-Doping Rule Violation Panel".
3
40 Paragraph 57A(1)(b)
4
Omit "Authority; or", substitute "Authority.".
5
41 Paragraph 57A(1)(c)
6
Repeal the paragraph.
7
42 Transitional provision
8
Paragraph 57A(1)(c) of the Australian Sports Commission Act 1989, as
9
in force immediately before the commencement of this item, continues
10
to apply in relation to the disclosure of information on or after that
11
commencement by the Commission to the Chief Executive Officer of
12
the Australian Sports Anti-Doping Authority.
13
Amendments Schedule 1
Protection from civil actions Part 2
No. , 2019
Australian Sports Anti-Doping Authority Amendment (Enhancing
Australia's Anti-Doping Capability) Bill 2019
9
Part 2--Protection from civil actions
1
Australian Sports Anti-Doping Authority Act 2006
2
43 At the end of section 78
3
Add:
4
(5) A national sporting organisation of Australia, or a person
5
performing work or services for the organisation, is not liable to an
6
action or other proceeding for damages for or in relation to an act
7
done or omitted to be done in good faith in implementing or
8
enforcing the organisation's anti-doping policy.
9
44 Application provision
10
The amendment made by this Part applies in relation to acts or
11
omissions occurring on or after the commencement of this item.
12
Schedule 1 Amendments
Part 3 Disclosure to courts or tribunals
10
Australian Sports Anti-Doping Authority Amendment (Enhancing
Australia's Anti-Doping Capability) Bill 2019
No. , 2019
Part 3--Disclosure to courts or tribunals
1
Australian Sports Anti-Doping Authority Act 2006
2
45 Subsection 67(3)
3
Omit "an entrusted person", substitute "a person".
4
Amendments Schedule 1
Disclosure notices Part 4
No. , 2019
Australian Sports Anti-Doping Authority Amendment (Enhancing
Australia's Anti-Doping Capability) Bill 2019
11
Part 4--Disclosure notices
1
Australian Sports Anti-Doping Authority Act 2006
2
46 Paragraph 13(1)(ea)
3
Omit "reasonably believes", substitute "reasonably suspects".
4
47 Paragraphs 13A(1A)(a) and (b)
5
Omit "reasonably believes", substitute "reasonably suspects".
6
48 Subsection 13B(3)
7
Omit "at the times that the person would ordinarily be able to do so",
8
substitute "at such times and places as the CEO thinks appropriate".
9
49 Subsections 13C(1), (3) and (4) (penalty)
10
Omit "30", substitute "60".
11
50 Subsections 13D(1) to (2)
12
Repeal the subsections, substitute:
13
(1) A person is not excused from answering a question, giving
14
information or producing a document or thing as required by a
15
disclosure notice given to the person on the ground that the answer
16
to the question, the information or the production of the document
17
or thing might tend to incriminate the person or expose the person
18
to a penalty.
19
(2) However, in the case of an individual:
20
(a) the answer given, the information given or the document or
21
thing produced; and
22
(b) answering the question, giving the information or producing
23
the document or thing; and
24
(c) any information, document or thing obtained as a direct or
25
indirect consequence of the answering of the question, giving
26
the information or producing the document or thing;
27
are not admissible in evidence against the individual in any
28
proceedings, other than:
29
Schedule 1 Amendments
Part 4 Disclosure notices
12
Australian Sports Anti-Doping Authority Amendment (Enhancing
Australia's Anti-Doping Capability) Bill 2019
No. , 2019
(d) proceedings for an offence against section 137.1 or 137.2 of
1
the Criminal Code that relates to this Act; or
2
(e) proceedings in connection with this Act or the regulations.
3
51 Application provision
4
The amendments made by this Part apply in relation to disclosure
5
notices given on or after the commencement of this item.
6