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This is a Bill, not an Act. For current law, see the Acts databases.
2019
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Australian Sports Anti-Doping Authority
Amendment (Sport Integrity Australia)
Bill 2019
No. , 2019
(Youth and Sport)
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 (Sport Integrity
Australia) Bill 2019
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 3
Schedule 1--Main amendments
4
Australian Sports Anti-Doping Authority Act 2006
4
Schedule 2--Consequential amendments
20
Age Discrimination Act 2004
20
Australian Border Force Act 2015
20
Australian Postal Corporation Act 1989
20
Australian Sports Commission Act 1989
20
Freedom of Information Act 1982
21
National Sports Tribunal Act 2019
22
Olympic Insignia Protection Act 1987
22
Privacy Act 1988
23
Schedule 3--Contingent amendments
24
Part 1--First contingency
24
Australian Sports Anti-Doping Authority Act 2006
24
Part 2--Second contingency
25
Australian Sports Anti-Doping Authority Act 2006
25
Freedom of Information Act 1982
25
Schedule 4--Saving and transitional provisions
26
No. , 2019
Australian Sports Anti-Doping Authority Amendment (Sport Integrity
Australia) 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 (Sport Integrity Australia) Act 2019.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
2
Australian Sports Anti-Doping Authority Amendment (Sport Integrity
Australia) Bill 2019
No. , 2019
1
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedules 1
and 2
The later of:
(a) the day after this Act receives the Royal
Assent; and
(b) 1 July 2020.
3. Schedule 3,
Part 1
The later of:
(a) the day after this Act receives the Royal
Assent; and
(b) 1 July 2020.
However, the provisions do not commence
at all if Part 1 of Schedule 1 to the
Australian Sports Anti-Doping Authority
Amendment (Enhancing Australia's
Anti-Doping Capability) Act 2019
commences on or before the day on which
Schedule 1 to this Act commences.
4. Schedule 3,
Part 2
The later of:
(a) the day after this Act receives the Royal
Assent; and
(b) 1 July 2020.
However, the provisions do not commence
at all unless Part 1 of Schedule 1 to the
Australian Sports Anti-Doping Authority
Amendment (Enhancing Australia's
Anti-Doping Capability) Act 2019
commences before the day on which
Schedule 1 to this Act commences.
No. , 2019
Australian Sports Anti-Doping Authority Amendment (Sport Integrity
Australia) Bill 2019
3
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
5. Schedule 4
The later of:
(a) the day after this Act receives the Royal
Assent; and
(b) 1 July 2020.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Schedule 1
Main amendments
4
Australian Sports Anti-Doping Authority Amendment (Sport Integrity
Australia) Bill 2019
No. , 2019
Schedule 1--Main amendments
1
2
Australian Sports Anti-Doping Authority Act 2006
3
1 Title
4
Omit "
the Australian Sports Anti-Doping Authority
", substitute
5
"
Sport Integrity Australia
".
6
2 Section 1
7
Omit "
Australian Sports Anti-Doping Authority Act 2006
", substitute
8
"
Sport Integrity Australia Act 2019
".
9
Note:
This item amends the short title of the Act. If another amendment of the Act is
10
described by reference to the Act's previous short title, that other amendment has effect
11
after the commencement of this item as an amendment of the Act under its amended
12
short title (see section 10 of the
Acts Interpretation Act 1901
).
13
3 Section 3
14
Omit:
15
This Act requires the making of a scheme called the National
16
Anti-Doping Scheme (known as the NAD scheme). The NAD
17
scheme implements the General Anti-Doping Convention and the
18
UNESCO Anti-Doping Convention. Certain matters must be in the
19
NAD scheme (see Division 2 of Part 2).
20
This Act establishes a body called the Australian Sports
21
Anti-Doping Authority (known as the ASADA). The ASADA
22
assists the CEO of ASADA. The CEO has functions relating to the
23
NAD scheme and other sports doping and safety matters. The CEO
24
also maintains the Violations List, which contains information
25
about certain persons who have been sanctioned in relation to an
26
anti-doping rule violation.
27
substitute:
28
This Act establishes Sport Integrity Australia. It assists the CEO of
29
Sport Integrity Australia. The CEO has functions in relation to
30
Main amendments
Schedule 1
No. , 2019
Australian Sports Anti-Doping Authority Amendment (Sport Integrity
Australia) Bill 2019
5
matters relating to sports integrity, including threats to sports
1
integrity.
2
This Act requires the making of a scheme called the National
3
Anti-Doping Scheme (known as the NAD scheme). The NAD
4
scheme implements the General Anti-Doping Convention and the
5
UNESCO Anti-Doping Convention. Certain matters must be in the
6
NAD scheme (see Division 2 of Part 2).
7
The CEO maintains the Violations List, which contains
8
information about certain persons who have been sanctioned in
9
relation to an anti-doping rule violation.
10
4 After section 3
11
Insert:
12
3A Object of this Act
13
The object of this Act is to establish Sport Integrity Australia to
14
prevent and address threats to sports integrity and to coordinate a
15
national approach to matters relating to sports integrity in
16
Australia, with a view to:
17
(a) achieving fair and honest sporting performances and
18
outcomes; and
19
(b) promoting positive conduct by athletes, administrators,
20
officials, supporters and other stakeholders, on and off the
21
sporting arena; and
22
(c) achieving a safe, fair and inclusive sporting environment at
23
all levels; and
24
(d) enhancing the reputation and standing of sporting contests
25
and of sport overall.
26
5 Section 4
27
Insert:
28
Advisory Council
means the Sport Integrity Australia Advisory
29
Council established by section 26.
30
Advisory Council Chair
means the Chair of the Advisory Council.
31
Schedule 1
Main amendments
6
Australian Sports Anti-Doping Authority Amendment (Sport Integrity
Australia) Bill 2019
No. , 2019
Advisory Council member
means a member of the Advisory
1
Council and includes the Advisory Council Chair.
2
6 Section 4 (definition of
ASADA
)
3
Repeal the definition.
4
7 Section 4 (definition of
ASADA staff
)
5
Repeal the definition.
6
8 Section 4 (definition of
CEO
)
7
Repeal the definition, substitute:
8
CEO
means the Chief Executive Officer of Sport Integrity
9
Australia appointed in accordance with section 24A.
10
9 Section 4
11
Insert:
12
matter
relating to sports integrity includes a sports doping and
13
safety matter.
14
10 Section 4 (definition of
sporting administration body
)
15
Omit "the ASADA", substitute "Sport Integrity Australia".
16
11 Section 4
17
Insert:
18
sports integrity
means the manifestation of the ethics and values
19
that promote community confidence in sport.
20
12 Section 4
21
Insert:
22
threats
to sports integrity include:
23
(a) the manipulation of sporting competitions; and
24
(b) the use of drugs or doping methods in sport; and
25
(c) the abuse of children and other persons in a sporting
26
environment; and
27
Main amendments
Schedule 1
No. , 2019
Australian Sports Anti-Doping Authority Amendment (Sport Integrity
Australia) Bill 2019
7
(d) the failure to protect members of sporting organisations, and
1
other persons in a sporting environment, from bullying,
2
intimidation, discrimination or harassment.
3
13 Section 4 (before paragraph (b) of the definition of
4
vacancy
)
5
Insert:
6
(a) the office of an Advisory Council member; or
7
14 Before subsection 5(2)
8
Insert:
9
(1) For the purposes of a reference in:
10
(a) this Act to a
vacancy
in the office of an Advisory Council
11
member; or
12
(b) the
Acts Interpretation Act 1901
to a
vacancy
in the
13
membership of a body;
14
there are taken to be 10 offices of Advisory Council members in
15
addition to the Advisory Council Chair.
16
15 Paragraph 11(1)(a)
17
Omit "the ASADA", substitute "Sport Integrity Australia".
18
16 Paragraph 13(1)(c)
19
Omit "the ASADA", substitute "Sport Integrity Australia".
20
17 Paragraph 14(2)(b)
21
Omit "the ASADA", substitute "Sport Integrity Australia".
22
18 Paragraphs 15(2)(b) and (c)
23
Omit "the ASADA", substitute "Sport Integrity Australia".
24
19 Part 3
25
Repeal the Part, substitute:
26
Schedule 1
Main amendments
8
Australian Sports Anti-Doping Authority Amendment (Sport Integrity
Australia) Bill 2019
No. , 2019
Part 3--Sport Integrity Australia's establishment
1
and function
2
3
20 Simplified outline of this Part
4
This Part establishes Sport Integrity Australia.
5
Sport Integrity Australia's function is to assist the CEO of Sport
6
Integrity Australia in performing the CEO's functions.
7
20A Establishment of Sport Integrity Australia
8
Sport Integrity Australia is established by this section.
9
20B Constitution of Sport Integrity Australia
10
Sport Integrity Australia consists of:
11
(a) the CEO; and
12
(b) the Sport Integrity Australia staff.
13
Note:
Sport Integrity Australia does not have a legal identity separate from
14
the Commonwealth.
15
20C Sport Integrity Australia's function
16
Sport Integrity Australia's function is to assist the CEO in the
17
performance of the CEO's functions.
18
20CAA Sport Integrity Australia has privileges and immunities of
19
the Crown
20
Sport Integrity Australia has the privileges and immunities of the
21
Crown in right of the Commonwealth.
22
20 Section 20CA
23
Omit "functions relating to the NAD scheme and other sports doping
24
and safety matters", substitute "functions in relation to matters relating
25
to sports integrity, including threats to sports integrity".
26
Main amendments
Schedule 1
No. , 2019
Australian Sports Anti-Doping Authority Amendment (Sport Integrity
Australia) Bill 2019
9
21 Section 20CA
1
Omit "the ASADA and for consultants", substitute "Sport Integrity
2
Australia and for persons".
3
22 Section 20D
4
Repeal the section, substitute:
5
20D Chief Executive Officer
6
There is to be a Chief Executive Officer of Sport Integrity
7
Australia.
8
23 Paragraph 21(1)(c)
9
Omit "sports doping and safety matters", substitute "matters relating to
10
sports integrity".
11
24 Paragraphs 21(1)(e) to (j)
12
Repeal the paragraphs, substitute:
13
(d) to coordinate a national approach in relation to Australia's
14
response to matters relating to sports integrity, including
15
threats to sports integrity;
16
(e) to coordinate and strengthen relationships among
17
governments of the States and Territories, regulators,
18
sporting organisations and law enforcement and other
19
agencies in relation to matters relating to sports integrity,
20
including threats to sports integrity;
21
(f) to work with domestic and overseas regulators, sporting
22
organisations and operators of betting services in relation to
23
matters connected with match-fixing in sport or fraud in
24
sports-betting;
25
(g) to advise governments of the Commonwealth, the States and
26
Territories on recommended changes to legislation and
27
policies in relation to matters relating to sports integrity,
28
including threats to sports integrity;
29
(h) to work with and provide assistance and advice to sporting
30
administrators to identify potential threats to sports integrity
31
for particular sports and to develop a robust integrity
32
framework for those sports;
33
Schedule 1
Main amendments
10
Australian Sports Anti-Doping Authority Amendment (Sport Integrity
Australia) Bill 2019
No. , 2019
(i) to support, encourage, develop and implement initiatives that
1
increase the skills and knowledge of people involved in
2
sporting activities about matters relating to sports integrity,
3
including threats to sports integrity;
4
(j) to support and encourage the sporting community to develop
5
and implement comprehensive programs, and education
6
initiatives, about matters relating to sports integrity, including
7
threats to sports integrity;
8
(jaa) to support, encourage and conduct research about matters
9
relating to sports integrity, including threats to sports
10
integrity;
11
(jab) to provide education resources to sporting administrators
12
about matters relating to sports integrity, including threats to
13
sports integrity;
14
(jac) to investigate threats to sports integrity and to collect,
15
analyse, interpret and disseminate information about matters
16
relating to sports integrity, including threats to sports
17
integrity;
18
(jad) to encourage the development of ways for the States and
19
Territories, and sporting organisations, to carry out initiatives
20
about matters relating to sports integrity, including threats to
21
sports integrity;
22
(jae) to cooperate with the States and Territories, and with sporting
23
organisations, to carry out initiatives about matters relating to
24
sports integrity, including threats to sports integrity;
25
25 Subparagraph 21(1)(k)(iii)
26
Omit "relating to sports doping and safety matters", substitute "in
27
relation to matters relating to sports integrity, including threats to sports
28
integrity".
29
26 Subparagraph 21(2)(a)(iii)
30
Omit "its functions in a place outside Australia", substitute "the CEO's
31
functions in relation to persons, places, matters or things outside
32
Australia".
33
27 Subparagraph 21(2)(n)(i)
34
Omit "the ASADA's", substitute "Sport Integrity Australia's".
35
Main amendments
Schedule 1
No. , 2019
Australian Sports Anti-Doping Authority Amendment (Sport Integrity
Australia) Bill 2019
11
28 Subparagraph 21(2)(n)(ii)
1
Omit "ASADA", substitute "Sport Integrity Australia".
2
29 Subsection 24J(1)
3
Repeal the subsection, substitute:
4
(1) The Minister may terminate the appointment of the CEO:
5
(a) for misbehaviour; or
6
(b) if the CEO is unable to perform the duties of the CEO's
7
office because of physical or mental incapacity.
8
30 Division 4 of Part 3A (heading)
9
Repeal the heading, substitute:
10
Division 4--Sport Integrity Australia's staff etc.
11
31 Subsection 24L(1)
12
Omit "the ASADA", substitute "Sport Integrity Australia".
13
32 Paragraph 24L(2)(a)
14
Omit "ASADA", substitute "Sport Integrity Australia".
15
33 Paragraph 24M(b)
16
Repeal the paragraph, substitute:
17
(b) by officers or employees of a State or Territory; or
18
(c) by officers or employees of bodies or organisations of the
19
Commonwealth, a State or a Territory;
20
34 At the end of Division 4 of Part 3A
21
Add:
22
24MA Consultants
23
(1) The
CEO
may, on behalf of the Commonwealth, engage
24
consultants to assist in the performance of the CEO's functions.
25
(2) The consultants are to be engaged on the terms and conditions that
26
the CEO determines in writing.
27
Schedule 1
Main amendments
12
Australian Sports Anti-Doping Authority Amendment (Sport Integrity
Australia) Bill 2019
No. , 2019
35 Paragraph 24N(1)(a)
1
Omit "ASADA", substitute "Sport Integrity Australia".
2
36 Subsections 24N(3A) and (3B)
3
Omit "ASADA", substitute "Sport Integrity Australia".
4
37 After Part 3A
5
Insert:
6
Part 4--Sport Integrity Australia Advisory Council
7
Division 1--Simplified outline of this Part
8
25 Simplified outline of this Part
9
This Part establishes the Sport Integrity Australia Advisory
10
Council.
11
The Advisory Council's functions are to:
12
(a)
advise the CEO in relation to the CEO's functions or to
13
Sport Integrity Australia's function; and
14
(b)
advise the Minister about the operations of Sport
15
Integrity Australia or the performance of the CEO's
16
functions.
17
Division 2--Establishment and functions of the Sport
18
Integrity Australia Advisory Council
19
26 Establishment of the Sport Integrity Australia Advisory Council
20
The Sport Integrity Australia Advisory Council is established by
21
this section.
22
27 Functions of the Advisory Council
23
(1) The functions of the Advisory Council are:
24
Main amendments
Schedule 1
No. , 2019
Australian Sports Anti-Doping Authority Amendment (Sport Integrity
Australia) Bill 2019
13
(a) on its own initiative or at the request of the CEO, to provide
1
advice to the CEO in relation to the CEO's functions; and
2
(b) on its own initiative, to provide advice to the CEO in relation
3
to Sport Integrity Australia's function; and
4
(c) at the request of the Minister, to provide advice to the
5
Minister about matters arising in relation to the operations of
6
Sport Integrity Australia or to the performance of the CEO's
7
functions.
8
(2) The advice:
9
(a) must be strategic advice only; and
10
(b) must not relate to a particular individual or particular
11
investigation.
12
Division 3--Membership of the Advisory Council
13
28 Membership of the Advisory Council
14
The Advisory Council consists of the following members:
15
(a) a Chair;
16
(b) at least 6, and not more than 10, other members.
17
29 Appointment of Advisory Council members
18
(1) Each Advisory Council member is to be appointed by the Minister
19
by written instrument, on a part-time basis.
20
Note:
An Advisory Council member
may be reappointed: see section 33AA
21
of the
Acts Interpretation Act 1901
.
22
(2) An Advisory Council member holds office for the period specified
23
in the instrument of appointment. The period must not exceed 3
24
years.
25
(3) The Minister must not appoint a person as an Advisory Council
26
member unless the Minister is satisfied that the person has
27
substantial experience or knowledge in at least one of the following
28
fields:
29
(a) sports administration and participation;
30
(b) sports law;
31
(c) intelligence and information gathering;
32
Schedule 1
Main amendments
14
Australian Sports Anti-Doping Authority Amendment (Sport Integrity
Australia) Bill 2019
No. , 2019
(d) law enforcement;
1
(e) anti-doping;
2
(f) high performance sport;
3
(g) athlete physical or mental health or well-being;
4
(h) harassment and discrimination prevention;
5
(i) child protection;
6
(j) formulation of government policy and public administration;
7
(k) education and learning;
8
(l) arbitration, mediation or other dispute resolution;
9
(m) any other appropriate field of expertise.
10
(4) The CEO is not eligible for appointment as an Advisory Council
11
member.
12
30 Acting appointments
13
Advisory Council Chair
14
(1) The Minister may appoint a person (except the CEO) to act as the
15
Advisory Council Chair:
16
(a) during a vacancy in the office of the Advisory Council Chair
17
(whether or not an appointment has previously been made to
18
the office); or
19
(b) during any period, or during all periods, when the Advisory
20
Council Chair:
21
(i) is absent from duty or from Australia; or
22
(ii) is, for any reason, unable to perform the duties of the
23
office.
24
Other Advisory Council members
25
(2) The Minister may appoint a person (except the CEO) to act as an
26
Advisory Council member (other than the Advisory Council
27
Chair):
28
(a) during a vacancy in the office of an Advisory Council
29
member (other than the Advisory Council Chair), whether or
30
not an appointment has previously been made to the office;
31
or
32
Main amendments
Schedule 1
No. , 2019
Australian Sports Anti-Doping Authority Amendment (Sport Integrity
Australia) Bill 2019
15
(b) during any period, or during all periods, when an Advisory
1
Council member (other than the Advisory Council Chair):
2
(i) is absent from duty or from Australia; or
3
(ii) is, for any reason, unable to perform the duties of the
4
office.
5
Eligibility
6
(3) A person is not eligible for appointment under subsection (1) or (2)
7
unless the person is eligible for appointment as an Advisory
8
Council member.
9
Note 1:
For eligibility to be appointed as an Advisory Council member, see
10
subsection 29(3).
11
Note 2:
For rules that apply to acting appointments, see sections 33AB and
12
33A of the
Acts Interpretation Act 1901
.
13
31 Remuneration and allowances
14
(1) An Advisory Council member is to be paid the remuneration that is
15
determined by the Remuneration Tribunal. If no determination of
16
that remuneration by that Tribunal is in operation, an Advisory
17
Council member is to be paid the remuneration that is prescribed
18
by an instrument under subsection (4).
19
(2) An Advisory Council member is to be paid the allowances that are
20
prescribed by an instrument under subsection (4).
21
(3) This section has effect subject to the
Remuneration Tribunal Act
22
1973
.
23
(4) The Minister may, by legislative instrument, prescribe:
24
(a) remuneration for the purposes of subsection (1); and
25
(b) allowances for the purposes of subsection (2).
26
32 Leave of absence
27
(1) The Minister may grant leave of absence to the Advisory Council
28
Chair on the terms and conditions that the Minister determines.
29
Schedule 1
Main amendments
16
Australian Sports Anti-Doping Authority Amendment (Sport Integrity
Australia) Bill 2019
No. , 2019
(2) The Advisory Council Chair may grant leave of absence to another
1
Advisory Council member on the terms and conditions that the
2
Chair determines.
3
33 Disclosure of interests to the Minister
4
An Advisory Council member must give written notice to the
5
Minister of all interests, pecuniary or otherwise, that the member
6
has or acquires and that conflict or could conflict with the proper
7
performance of the member's duties.
8
34 Resignation
9
(1) An Advisory Council member may resign the member's
10
appointment by giving the Minister a written resignation.
11
(2) The resignation takes effect on the day it is received by the
12
Minister or, if a later day is specified in the resignation, on that
13
later day.
14
35 Termination of appointment
15
(1) The Minister may terminate the appointment of an Advisory
16
Council member:
17
(a) for misbehaviour; or
18
(b) if the Advisory Council member is unable to perform the
19
duties of the office because of physical or mental incapacity.
20
(2) The Minister may terminate the appointment of an Advisory
21
Council member if:
22
(a) the Advisory Council member:
23
(i) becomes bankrupt; or
24
(ii) applies to take the benefit of any law for the relief of
25
bankrupt or insolvent debtors; or
26
(iii) compounds with the member's creditors; or
27
(iv) makes an assignment of the member's remuneration for
28
the benefit of the member's creditors; or
29
(b) the Advisory Council member is absent, except on leave of
30
absence, from 3 consecutive meetings of the Advisory
31
Council; or
32
Main amendments
Schedule 1
No. , 2019
Australian Sports Anti-Doping Authority Amendment (Sport Integrity
Australia) Bill 2019
17
(c) the Advisory Council member fails, without reasonable
1
excuse, to comply with section 33 (which deals with the
2
disclosure of interests).
3
36 Other terms and conditions
4
An Advisory Council member holds office on the terms and
5
conditions (if any) in relation to matters not covered by this Act
6
that are determined, in writing, by the Minister.
7
Division 4--Ministerial directions
8
37 Directions
9
(1) The Minister may give the Advisory Council written directions
10
about either or both of the following:
11
(a) the way in which the Advisory Council is to carry out its
12
functions;
13
(b) the procedures to be followed in relation to meetings of the
14
Advisory Council.
15
(2) The Advisory Council must comply with a direction under
16
subsection (1).
17
(3) A direction under subsection (1) is not a legislative instrument.
18
38 Subparagraph 50F(d)(ii)
19
Omit "ASADA", substitute "Sport Integrity Australia".
20
39 Subparagraph 50F(d)(v)
21
Omit "and".
22
40 At the end of paragraph 50F(d)
23
Add:
24
(vi) consultants engaged under section 24MA; and
25
41 Subparagraph 50F(e)(i)
26
Omit "the ASADA referred to in section 20B", substitute "Sport
27
Integrity Australia referred to in section 20C".
28
Schedule 1
Main amendments
18
Australian Sports Anti-Doping Authority Amendment (Sport Integrity
Australia) Bill 2019
No. , 2019
42 Section 67A
1
Omit "a member of the ASADA staff", substitute "a member of the
2
Sport Integrity Australia staff".
3
43 Section 67A
4
Omit "for the purposes of the ASADA", substitute "for the purposes of
5
Sport Integrity Australia".
6
44 After paragraph 68B(3)(f)
7
Insert:
8
(fa) a sporting administration body;
9
45 Paragraph 68E(c)
10
Omit "the ASADA", substitute "Sport Integrity Australia".
11
46 Paragraph 69(b)
12
Omit "ASADA", substitute "Sport Integrity Australia".
13
47 After paragraph 69(b)
14
Insert:
15
(ba) an Advisory Council member; or
16
48 After paragraph 69(e)
17
Insert:
18
(ea) a consultant engaged under section 24MA; or
19
49 Paragraph 73B(4)(a)
20
Omit "ASADA", substitute "Sport Integrity Australia".
21
50 After section 74
22
Insert:
23
75 CEO may request information or documents
24
(1) The CEO may request information or documents from any person
25
or body about matters relating to sports integrity.
26
Main amendments
Schedule 1
No. , 2019
Australian Sports Anti-Doping Authority Amendment (Sport Integrity
Australia) Bill 2019
19
(2) If the CEO requests personal information about an individual, the
1
giving of the information by the person to whom the request is
2
made, and the collection of the information, is taken to be
3
authorised by this Act for the purposes of the
Privacy Act 1988
.
4
51 Paragraph 78(1)(b)
5
Omit "ASADA", substitute "Sport Integrity Australia".
6
52 After paragraph 78(1)(c)
7
Insert:
8
(ca) a consultant engaged under section 24MA;
9
53 After subsection 78(1)
10
Insert:
11
(1A) An Advisory Council member is not liable to an action or other
12
proceeding for damages for or in relation to an act done or omitted
13
to be done in good faith in the performance or purported
14
performance of any function of the Advisory Council.
15
54 Paragraphs 78(4)(a) to (d)
16
Omit "the ASADA", substitute "Sport Integrity Australia".
17
Schedule 2
Consequential amendments
20
Australian Sports Anti-Doping Authority Amendment (Sport Integrity
Australia) Bill 2019
No. , 2019
Schedule 2--Consequential amendments
1
2
Age Discrimination Act 2004
3
1 Schedule 1 (table item 32A)
4
Omit "
Australian Sports Anti-Doping Authority Act 2006
", substitute
5
"
Sport Integrity Australia Act 2019
".
6
Australian Border Force Act 2015
7
2 Paragraph 46(m)
8
Omit "
Australian Sports Anti-Doping Authority Act 2006
", substitute
9
"
Sport Integrity Australia Act 2019
".
10
Australian Postal Corporation Act 1989
11
3 Subsection 90J(12) (heading)
12
Repeal the heading, substitute:
13
Disclosure to Sport Integrity Australia
14
4 Subsection 90J(12)
15
Omit "the Australian Sports Anti-Doping Authority for the purposes of
16
the administration of the NAD scheme (within the meaning of the
17
Australian Sports Anti-Doping Authority Act 2006
", substitute "Sport
18
Integrity Australia for the purposes of the administration of the NAD
19
scheme (within the meaning of the
Sport Integrity Australia Act 2019
".
20
Australian Sports Commission Act 1989
21
5 Subsection 7(4)
22
After "Subject to", insert "subsection (4A) and".
23
Consequential amendments
Schedule 2
No. , 2019
Australian Sports Anti-Doping Authority Amendment (Sport Integrity
Australia) Bill 2019
21
6 Subsection 7(4A)
1
Omit "function of the Commission under paragraph (1)(r) may only be
2
performed to the extent that it does", substitute "functions of the
3
Commission may only be performed to the extent that they do".
4
7 Subsection 7(4A)
5
Omit "the Australian Sports Anti-Doping Authority", substitute "Sport
6
Integrity Australia".
7
8 Section 57A (heading)
8
Omit "
the Australian Sports Anti-Doping Authority
", substitute
9
"
Sport Integrity Australia
".
10
9 Subsection 57A(1)
11
Omit "the Australian Sports Anti-Doping Authority" (first occurring),
12
substitute "Sport Integrity Australia".
13
10 Paragraph 57A(1)(a)
14
Omit "
Australian Sports Anti-Doping Authority Act 2006
", substitute
15
"
Sport Integrity Australia Act 2019
".
16
11 Paragraph 57A(1)(b)
17
Omit "the Australian Sports Anti-Doping Authority", substitute "Sport
18
Integrity Australia".
19
12 Subsection 57A(2)
20
Omit "
Australian Sports Anti-Doping Authority Act 2006
", substitute
21
"
Sport Integrity Australia Act 2019
".
22
Freedom of Information Act 1982
23
13 Schedule 3
24
After:
25
Private Health Insurance Act 2007
, sections 323-1 and 323-40
insert:
26
Sport Integrity Australia Act 2019
, section 67
Schedule 2
Consequential amendments
22
Australian Sports Anti-Doping Authority Amendment (Sport Integrity
Australia) Bill 2019
No. , 2019
National Sports Tribunal Act 2019
1
14 Subsection 5(1) (definition of
ASADA CEO
)
2
Repeal the definition.
3
15 Subsection 5(1)
4
Insert:
5
Sport Integrity Australia CEO
means the Chief Executive Officer
6
of Sport Integrity Australia.
7
16 Paragraphs 22(1)(a), (2)(a) and (f) and (3)(c)
8
Omit "ASADA CEO", substitute "Sport Integrity Australia CEO".
9
17 Paragraph 31(2)(c)
10
Omit "ASADA CEO", substitute "Sport Integrity Australia CEO".
11
18 Subsections 32(1) and (2)
12
Omit "ASADA CEO" (wherever occurring), substitute "Sport Integrity
13
Australia CEO".
14
19 Paragraph 32(4)(c)
15
Omit "ASADA CEO", substitute "Sport Integrity Australia CEO".
16
20 Subsections 33(1) and (2)
17
Omit "ASADA CEO" (wherever occurring), substitute "Sport Integrity
18
Australia CEO".
19
21 Paragraph 33(4)(c)
20
Omit "ASADA CEO", substitute "Sport Integrity Australia CEO".
21
Olympic Insignia Protection Act 1987
22
22 Section 23 (definition of
national sporting organisation
)
23
Omit "
Australian Sports Anti-Doping Authority Act 2006
", substitute
24
"
Sport Integrity Australia Act 2019
".
25
Consequential amendments
Schedule 2
No. , 2019
Australian Sports Anti-Doping Authority Amendment (Sport Integrity
Australia) Bill 2019
23
Privacy Act 1988
1
23 Subsection 6(1) (after paragraph (b) of the definition of
2
enforcement body
)
3
Insert:
4
(c) Sport Integrity Australia; or
5
Schedule 3
Contingent amendments
Part 1
First contingency
24
Australian Sports Anti-Doping Authority Amendment (Sport Integrity
Australia) Bill 2019
No. , 2019
Schedule 3--Contingent amendments
1
Part 1--First contingency
2
Australian Sports Anti-Doping Authority Act 2006
3
1 Subparagraph 50F(a)(i)
4
Repeal the subparagraph, substitute:
5
(i) Sport Integrity Australia;
6
2 Paragraph 50F(b)
7
Omit "the Australian Sports Anti-Doping Authority", substitute "Sport
8
Integrity Australia".
9
Contingent amendments
Schedule 3
Second contingency
Part 2
No. , 2019
Australian Sports Anti-Doping Authority Amendment (Sport Integrity
Australia) Bill 2019
25
Part 2--Second contingency
1
Australian Sports Anti-Doping Authority Act 2006
2
3 Paragraphs 50F(a), (c), (d) and (e)
3
Omit "the Australian Sports Anti-Doping Authority", substitute "Sport
4
Integrity Australia".
5
Freedom of Information Act 1982
6
4 Schedule 3
7
Omit:
8
Australian Sports Anti-Doping Authority Act 2006
, section 67
Schedule 4
Saving and transitional provisions
26
Australian Sports Anti-Doping Authority Amendment (Sport Integrity
Australia) Bill 2019
No. , 2019
Schedule 4--Saving and transitional
1
provisions
2
3
1 Transfer of appropriated money
4
(1)
For the purposes of the operation of an Appropriation Act on and after
5
the commencement of this item, references to the Australian Sports
6
Anti-Doping Authority are to be read as references to Sport Integrity
7
Australia.
8
(2)
In this item:
9
Appropriation Act
means an Act appropriating money for expenditure
10
out of the Consolidated Revenue Fund.
11
2 Transitional
--legal proceedings involving the CEO of the
12
Australian Sports Anti-Doping Authority
13
If, immediately before the commencement of this item, the Chief
14
Executive Officer of the Australian Sports Anti-Doping Authority was a
15
party to proceedings pending in any court or tribunal, the Chief
16
Executive Officer of Sport Integrity Australia is substituted for the
17
Chief Executive Officer of the Australian Sports Anti-Doping Authority
18
as a party to the proceedings on and after that commencement.
19
3 Things done by, or in relation to, the CEO of the Australian
20
Sports Anti-Doping Authority
21
(1)
If, before the commencement of this item, a thing was done by, or in
22
relation to, the Chief Executive Officer of the Australian Sports
23
Anti-Doping Authority for the purposes of:
24
(a) the
Australian Sports Anti-Doping Authority Act 2006
or a
25
legislative instrument made under that Act; or
26
(b) the
National Sports Tribunal Act 2019
or the rules made
27
under that Act;
28
then the thing has effect, on and after that commencement, as if it had
29
been done by, or in relation to, the Chief Executive Officer of Sport
30
Integrity Australia.
31
Saving and transitional provisions
Schedule 4
No. , 2019
Australian Sports Anti-Doping Authority Amendment (Sport Integrity
Australia) Bill 2019
27
(2)
The rules may provide that subitem (1) does not apply in relation to a
1
specified thing done by, or in relation to, the Chief Executive Officer of
2
the Australian Sports Anti-Doping Authority.
3
4 Transfer of records
4
(1)
This item applies to any records or documents that were in the
5
possession of the following immediately before the commencement of
6
this item:
7
(a) the Chief Executive Officer of the Australian Sports
8
Anti-Doping Authority;
9
(b) the Australian Sports Anti-Doping Authority;
10
(c) a member of the ASADA staff;
11
(d) an individual whose services were made available to the
12
Chief Executive Officer of the Australian Sports Anti-Doping
13
Authority under section 24M of the
Australian Sports
14
Anti-Doping Authority Act 2006
.
15
(2)
The records and documents are to be transferred to the Chief Executive
16
Officer of Sport Integrity Australia after that commencement.
17
Note:
The records and documents are Commonwealth records for the purposes of the
Archives
18
Act 1983
.
19
5 Protected information
20
(1)
Part 8 of the
Australian Sports Anti-Doping Authority Act 2006
, as in
21
force immediately before the commencement of this item, continues to
22
apply on and after that commencement in relation to a person who at
23
any time before that commencement was:
24
(a) the Chief Executive Officer of the Australian Sports
25
Anti-Doping Authority; or
26
(b) a member of the ASADA staff; or
27
(c) a person engaged by the Commonwealth to perform services
28
for the Chief Executive Officer of the Australian Sports
29
Anti-Doping Authority; or
30
(d) a designated associate of:
31
(i) a person; or
32
(ii) a partnership;
33
Schedule 4
Saving and transitional provisions
28
Australian Sports Anti-Doping Authority Amendment (Sport Integrity
Australia) Bill 2019
No. , 2019
engaged by the Commonwealth to perform services for the
1
Chief Executive Officer of the Australian Sports Anti-Doping
2
Authority; or
3
(e) an individual whose services were made available to the
4
Chief Executive Officer of the Australian Sports Anti-Doping
5
Authority under section 24M of the
Australian Sports
6
Anti-Doping Authority Act 2006
.
7
(2)
If information was protected information for the purposes of the
8
Australian Sports Anti-Doping Authority Act 2006
immediately before
9
the commencement of this item, the information is taken, on and after
10
that commencement, to be protected information for the purposes of the
11
Sport Integrity Australia Act 2019
.
12
Note:
Subitem (2) includes information taken, by subsection 57A(2) of the
Australian Sports
13
Commission Act 1989
, to be protected information for the purposes of the
Australian
14
Sports Anti-Doping Authority Act 2006
.
15
6 Protection from civil actions
16
(1)
Subsection 78(1) of the
Australian Sports Anti-Doping Authority Act
17
2006
, as in force immediately before the commencement of this item,
18
continues to apply on and after that commencement in relation to an act
19
done or omitted to be done before that commencement by a person who
20
at any time before that commencement was:
21
(a) the Chief Executive Officer of the Australian Sports
22
Anti-Doping Authority; or
23
(b) a member of the ASADA staff; or
24
(c) an individual whose services were made available to the
25
Chief Executive Officer of the Australian Sports Anti-Doping
26
Authority under section 24M of the
Australian Sports
27
Anti-Doping Authority Act 2006
.
28
(2)
Subsection 78(3) of the
Australian Sports Anti-Doping Authority Act
29
2006
, as in force immediately before the commencement of this item,
30
continues to apply on and after that commencement in relation to a
31
publication or disclosure made before that commencement:
32
(a) in the performance or purported performance of any function
33
of the Chief Executive Officer of the Australian Sports
34
Anti-Doping Authority; or
35
Saving and transitional provisions
Schedule 4
No. , 2019
Australian Sports Anti-Doping Authority Amendment (Sport Integrity
Australia) Bill 2019
29
(b) in the exercise or purported exercise of any power of the
1
Chief Executive Officer of the Australian Sports Anti-Doping
2
Authority.
3
(3)
Subsection 78(4) of the
Australian Sports Anti-Doping Authority Act
4
2006
, as in force immediately before the commencement of this item,
5
continues to apply on and after that commencement in relation to the
6
making of a statement to, or the giving of a document or information to,
7
the Australian Sports Anti-Doping Authority, or the Chief Executive
8
Officer of the Australian Sports Anti-Doping Authority, at any time
9
before that commencement.
10
7 References to the CEO of the Australian Sports
11
Anti-Doping Authority etc. in instruments
12
(1)
This item applies to an instrument if:
13
(a) the instrument was in force immediately before the
14
commencement of this item; and
15
(b) the instrument contains a reference to:
16
(i) the Chief Executive Officer of the Australian Sports
17
Anti-Doping Authority; or
18
(ii) the Australian Sports Anti-Doping Authority.
19
(2)
The instrument has effect, on and after that commencement, as if:
20
(a) a reference in the instrument to the Chief Executive Officer
21
of the Australian Sports Anti-Doping Authority were a
22
reference to the Chief Executive Officer of Sport Integrity
23
Australia; and
24
(b) a reference in the instrument to the Australian Sports
25
Anti-Doping Authority were a reference to Sport Integrity
26
Australia.
27
(3)
The rules may provide that subitem (2) does not apply in relation to a
28
specified instrument or a specified reference.
29
(4)
This item does not prevent the instrument from being amended or
30
repealed after the commencement of this item.
31
(5)
In this item:
32
instrument
includes:
33
(a) a contract, deed, undertaking, arrangement or agreement; and
34
Schedule 4
Saving and transitional provisions
30
Australian Sports Anti-Doping Authority Amendment (Sport Integrity
Australia) Bill 2019
No. , 2019
(b) a notice, authority, order or instruction; and
1
(c) an instrument made under an Act or regulation.
2
8 Rules
3
(1)
The Minister may, by legislative instrument, make rules prescribing
4
matters:
5
(a) required or permitted by this Schedule to be prescribed by the
6
rules; or
7
(b) necessary or convenient to be prescribed for carrying out or
8
giving effect to this Act.
9
(2)
Without limiting subitem (1), the rules may prescribe matters of a
10
transitional nature (including prescribing any saving or application
11
provisions) relating to:
12
(a) the amendments made by this Act; or
13
(b) the enactment of this Act.
14
(3)
To avoid doubt, the rules may not do the following:
15
(a) create an offence or civil penalty;
16
(b) provide powers of:
17
(i) arrest or detention; or
18
(ii) entry, search or seizure;
19
(c) impose a tax;
20
(d) set an amount to be appropriated from the Consolidated
21
Revenue Fund under an appropriation in this Act;
22
(e) directly amend the text of this Act.
23
(4)
This Schedule (other than subitem (3)) does not limit the rules that may
24
be made for the purposes of subitems (1) and (2).
25