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This is a Bill, not an Act. For current law, see the Acts databases.
2002-2003-2004
The Parliament
of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Australian
Sports Drug Agency Amendment Bill 2004
No.
, 2004
(Arts and
Sport)
A Bill for an Act to amend the
Australian Sports Drug Agency Act 1990, and for related
purposes
Contents
Part 1—Amendments 3
Part 2—Transitional
provisions 21
A Bill for an Act to amend the Australian Sports Drug
Agency Act 1990, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Australian Sports Drug Agency Amendment
Act 2004.
(1) Each provision of this Act specified in column 1 of the table
commences, or is taken to have commenced, in accordance with column 2 of the
table. Any other statement in column 2 has effect according to its
terms.
|
Commencement information |
||
|---|---|---|
|
Column 1 |
Column 2 |
Column 3 |
|
Provision(s) |
Commencement |
Date/Details |
|
1. Sections 1 to 3 and anything in this Act not elsewhere covered by
this table |
The day on which this Act receives the Royal Assent . |
|
|
2. Schedule 1 |
A single day to be fixed by Proclamation. However, if any of the provision(s) do not commence within the period of 6
months beginning on the day on which this Act receives the Royal Assent, they
commence on the first day after the end of that period. |
|
Note: This table relates only to the provisions of this Act
as originally passed by the Parliament and assented to. It will not be expanded
to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table contains additional information that is not part
of this Act. Information in this column may be added to or edited in any
published version of this Act.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
1 Subsection 2(1) (definition of analytical
investigative body)
Omit “an International Sporting Federation”, substitute
“a sporting administration body”.
2 Subsection 2(1)
Insert:
International Standard means an International Standard
adopted by WADA in support of the World Anti-Doping Code and, unless a
contrary intention appears, means that Standard as in force from time to
time.
3 Subsection 2(1)
Insert:
NADO means a National Anti-Doping Organization as defined in
the World Anti-Doping Code.
4 Subsection 2(1)
Insert:
negative test result, in relation to a competitor, means a
finding that satisfies the following paragraphs:
(a) the finding is made by means of testing a sample provided by the
competitor;
(b) the testing is:
(i) by an accredited laboratory; or
(ii) using analytical techniques and equipment specified in a drug testing
scheme;
(c) the finding is not a positive test result.
5 Subsection 2(1)
Insert:
positive test result, in relation to a competitor who
competes in a particular field of sporting activity, means a finding that
satisfies the following paragraphs:
(a) the finding is made by means of testing a sample provided by the
competitor;
(b) the testing:
(i) reveals the presence of a scheduled drug in the sample or otherwise
reveals the use by the competitor of a scheduled drug; or
(ii) reveals the use by the competitor of a scheduled doping
method;
(c) if the schedule of the drug testing scheme (the governing
scheme) that includes the drug or doping method sets out a permitted
level in relation to that drug or doping method and that field of sporting
activity—the testing reveals that the permitted level has been
exceeded;
(d) the testing is:
(i) by an accredited laboratory; or
(ii) using analytical techniques and equipment specified in the governing
scheme.
6 Subsection 2(1)
Insert:
scheduled doping method means a doping method included in a
schedule set out in a drug testing scheme.
7 Subsection 2(1)
Insert:
scheduled drug means a drug included in a schedule set out in
a drug testing scheme.
8 Subsection 2(1) (definition of scheduled drug
or doping method)
Repeal the definition, substitute:
scheduled drug or doping method means a scheduled drug or a
scheduled doping method.
9 Subsection 2(1) (after paragraph (a) of the
definition of sporting administration body)
Insert:
(aa) WADA; or
(ab) a NADO; or
10 Subsection 2(1) (paragraph (e) of the
definition of sporting administration body)
After “paragraph (a),”, insert “ (aa),
(ab),”.
11 Subsection 2(1)
Insert:
sports drug matter has the meaning given by subsection
4A(2).
12 Subsection 2(1)
Insert:
tampers, in relation to a sports drug matter, has the meaning
given by subsection 4A(1).
13 Subsection 2(1) (definition of therapeutic
approval body)
Omit “an International Sporting Federation”, substitute
“a sporting administration body”.
14 Subsection 2(1)
Insert:
WADA means the World Anti-Doping Agency established in
November 1999 under the law of Switzerland.
Note: The Agency was established following a resolution by
the World Conference on Doping in Sport convened by the International Olympic
Committee in Lausanne in February 1999.
15 Subsection 2(1)
Insert:
World Anti-Doping Code means the World Anti-Doping Code
adopted by the Foundation Board of WADA on 5 March 2003 at Copenhagen
and, unless a contrary intention appears, means that Code as in force from
time to time.
Note: In 2004, the text of the World Anti-Doping Code was
accessible on the Internet through the web site of the World Anti-Doping Agency
(www.wada-ama.org).
16 After section 4
Insert:
(1) For the purposes of this Act, a person tampers with a
sports drug matter if the person causes, arranges or participates in any of the
following conduct:
(a) altering, or attempting to alter, for an improper purpose;
(b) bringing, or attempting to bring, improper influence to
bear;
(c) interfering, or attempting to interfere, improperly to:
(i) alter results; or
(ii) prevent normal procedures from occurring;
in relation to that sports drug matter.
(2) For the purposes of this Act, a sports drug matter is
any of the following matters:
(a) the requesting, collection or handling of samples, or information,
under any of the following:
(i) a drug testing scheme;
(ii) an arrangement covered by subsection 17ZC(1);
(iii) a contract entered into by the Agency for the provision of drug
testing services or safety checking services;
(iv) Part 3A (including procedures described in
section 17Z);
(b) the testing of samples under any of the following, the results of
those tests or the handling of the results of those tests:
(i) a drug testing scheme;
(ii) an arrangement covered by subsection 17ZC(1);
(iii) a contract entered into by the Agency for the provision of drug
testing services or safety checking services;
(iv) Part 3A (including procedures described in
section 17Z);
(c) the requesting by the Agency of an arrangement covered by subsection
17ZC(1);
(d) the handling under this Act of information relating to a matter
covered by a drug testing scheme (not being information covered by
paragraph (e));
(e) the handling under this Act of information relating to a matter
covered by:
(i) an arrangement covered by subsection 17ZC(1)); or
(ii) a drug testing scheme as a result of such an arrangement;
(f) the handling of information under section 67B.
(3) In this section:
handling, in relation to information, includes disclosing,
communicating, notifying and making publicly available.
17 Paragraph 9(2)(a)
After “drugs”, insert “or doping
methods”.
18 After paragraph 11(2)(c)
Insert:
(ca) authorises the Agency to request a competitor to keep the Agency
informed of where the competitor can be found; and
19 After paragraph 11(2)(f)
Insert:
(fa) requires the Agency to enter the name of a competitor on that
Register in specified circumstances, being circumstances that consist of, or
include, the circumstance that the competitor deliberately evaded an attempt by
the Agency to make a request of the kind mentioned in paragraph (c);
and
(fb) requires the Agency to enter the name of a competitor on that
Register in specified circumstances, being circumstances that consist of, or
include, the circumstance that the competitor failed to comply with a request of
the kind mentioned in paragraph (ca); and
(fc) requires the Agency to enter the name of a competitor on that
Register in specified circumstances, being circumstances that consist of, or
include, the following circumstances:
(i) the competitor failed to comply with a request of the kind mentioned
in paragraph (ca);
(ii) but for this failure, the Agency would have made a request of the
kind mentioned in paragraph (c) to the competitor; and
(fd) requires the Agency to enter the name of a competitor on that
Register if the competitor tampered with a sports drug matter covered by
subparagraph 4A(2)(a)(i) or (b)(i) or paragraph 4A(2)(d); and
20 Paragraph 11(2)(g)
Omit “(e) or (f)”, substitute “(e), (f), (fa), (fb), (fc)
or (fd)”.
21 At the end of paragraph
11(2)(h)
Add:
(iii) for an entry of the kind mentioned in paragraph (fd)—each
relevant national sporting organisation, and relevant sporting organisation, in
relation to each competitor whose interests may have been affected by the
tampering; and
22 Subsection 11(2) (note 2)
Repeal the note.
23 After subsection 11(3)
Insert:
(3A) Circumstances specified for the purposes of paragraph (2)(fa),
(fb) or (fc) may differ according to the fields of sporting activities in which
competitors compete.
24 Subsection 11(4)
After “(3)”, insert “or (3A)”.
25 Subsection 11(5)
Repeal the subsection, substitute:
Applying, adopting or incorporating matters contained in the World
Anti-Doping Code, International Standards or other instruments
(5) A drug testing scheme may make provision for or in relation to a
matter by applying, adopting or incorporating, with or without modification, any
matter contained in any of the following, whether as in force at a particular
time, or as amended and in force from time to time:
(a) the World Anti-Doping Code;
(b) an International Standard;
(c) any other instrument made by a sporting administration body.
26 Paragraph 12(c)
Repeal the paragraph, substitute:
(c) after providing the sample, the competitor fails to do anything in
relation to the sample that is required by the scheme to be done by the
competitor.
Note: The heading to section 12 is altered by adding at
the end “to provide a sample”.
27 Paragraph 13(1)(b)
Repeal the paragraph, substitute:
(b) a competitor has returned a positive test result in relation to a
sample and the competitor did not have an approval for the use of the drug
concerned for therapeutic purposes;
(c) a competitor has returned a positive test result in relation to a
sample and the competitor had an approval for the use of the drug concerned for
therapeutic purposes but did not comply with the conditions of that
approval.
28 Subsection 13(1) (note)
Repeal the note.
29 After subsection 13(1)
Insert:
(1A) In specifying a circumstance as mentioned in paragraph (1)(b) or
(c), a drug testing scheme may, for example, provide that an approval for the
use of a drug for therapeutic purposes only counts if it was granted:
(a) by ASDMAC; or
(b) by a therapeutic approval body; or
(c) as a result of a review or appeal (or similar process) that relates
directly or indirectly to a decision of ASDMAC or a therapeutic approval
body.
30 Section 14
Repeal the section.
31 Subsection 15(2)
Omit “the Agency to provide a sample.”, substitute:
the Agency:
(a) to provide a sample; or
(b) to keep the Agency informed of where the competitor can be
found.
32 Subsection 16(3)
Omit all the words from and including “the Agency must”,
substitute:
the Agency must, as soon as practicable, give notice of that fact (the
review decision) as follows:
(c) if the Agency notified a person, organisation or body of the making of
the entry—the Agency must give written notice of the review decision to
the person, organisation or body;
(d) if the Agency made information relating to the entry publicly
available under provisions of a drug testing scheme covered by
section 17BB—the Agency must give public notice of the review
decision by the same means as was used to make the information publicly
available.
33 Section 17
After “11(2)(c)” (wherever occurring), insert “or
(ca)”.
Note: The heading to section 17 is altered by inserting
“, or keep informed of location,” after
“sample”.
34 Paragraphs 17B(1)(c) and (d)
Repeal the paragraphs.
35 At the end of paragraph
17B(1)(e)
Add “of the sample”.
36 At the end of subsection
17B(1)
Add:
; or (f) any evasion by the competitor of an attempt to make a request of
the kind mentioned in paragraph 11(2)(c) or 17ZC(1)(a); or
(g) any failure by the competitor to provide information about where the
competitor can be found; or
(h) the inability, because of a failure of the kind mentioned in
paragraph (g), of the Agency or a sporting administration body to make a
request of the kind mentioned in paragraph (f); or
(i) any tampering by the competitor with a sports drug matter covered by
subparagraph 4A(2)(a)(i) or (ii) or (b)(i) or (ii), or paragraph 4A(2)(c), (d)
or (e).
37 Subsection 17B(2)
Repeal the subsection, substitute:
(2) A drug testing scheme may permit the Agency to disclose information to
one or more specified sporting administration bodies if:
(a) the information relates to any of the following circumstances that the
Agency knows or has reason to believe has occurred:
(i) a competitor failed to comply with a request of the kind mentioned in
paragraph 11(2)(c) or 17ZC(1)(a);
(ii) a competitor returned a positive test result in relation to a sample
provided pursuant to a request of the kind mentioned in
subparagraph (i);
(iii) a competitor deliberately evaded an attempt to make a request of the
kind mentioned in subparagraph (i);
(iv) a competitor failed to provide information to the Agency or a
sporting administration body about where the competitor can be found;
(v) because of a failure referred to in subparagraph (iv) by a
competitor, the Agency or a sporting administration body was unable to make a
request of the kind mentioned in subparagraph (i) to the
competitor;
(vi) a competitor tampered with a sports drug matter covered by
subparagraph 4A(2)(a)(i) or (ii) or (b)(i) or (ii), or paragraph 4A(2)(c), (d)
or (e); and
(b) the Agency has not yet decided whether or not an entry should be made
on the Register of Notifiable Events for the drug testing scheme in relation to
that circumstance; and
(c) the Agency has taken reasonable steps to satisfy itself that the
information will not be used or disclosed by the body, or any of the bodies, in
a way that would be unfairly prejudicial to the interests of the
competitor.
(2A) If:
(a) the Agency discloses information to a sporting administration body
under provisions of a drug testing scheme covered by subsection (2);
and
(b) the Agency later decides that an entry should not be made on the
Register of Notifiable Events for the scheme in relation to the circumstance
concerned;
the Agency must, as soon as practicable, notify the sporting administration
body of that decision.
Note: The heading to section 17B is replaced by the
heading “Disclosure to sporting administration bodies of information
relating to circumstances that have led or may lead to an entry being made in
the Register”.
38 Subsection 17B(5)
Repeal the subsection, substitute:
(5) Nothing in this section limits, or is limited by, any other provision
of this Act or a drug testing scheme under which the Agency is required or
permitted to disclose information.
39 After section 17B
Insert:
(1) This section applies to:
(a) information relating to the testing, or attempted testing, of
competitors under drug testing schemes or under arrangements covered by
subsection 17ZC(1); and
(b) information relating to decisions of ASDMAC to approve, or to
refuse to approve, the use of scheduled drugs for therapeutic purposes;
and
(c) information provided to the Agency under drug testing schemes relating
to where competitors can be found.
(2) Subject to subsection (3), a drug testing scheme may permit the
Agency or ASDMAC to disclose information to which this section applies to
one or more sporting administration bodies for the purposes of one or more
drug testing programs.
(3) A drug testing scheme must not permit the Agency or ASDMAC to disclose
information for the purposes of one or more drug testing programs unless
the Agency or ASDMAC has taken reasonable steps to satisfy itself that the
information disclosed will not be used or disclosed for other
purposes.
(4) Without limiting subsection (2) or (3), a drug testing scheme may
limit the circumstances in which disclosures may occur, including, for example,
by:
(a) limiting the sporting administration bodies to which information may
be disclosed; or
(b) limiting the drug testing programs for the purposes of which
information may be disclosed.
(5) Nothing in this section limits, or is limited by, any other provision
of this Act or a drug testing scheme under which the Agency or ASDMAC is
required or permitted to disclose information.
(6) In this section:
drug testing program means a program for the testing of
people who participate in sports, to determine whether they are using particular
drugs or doping methods.
(1) This section applies to information relating to entries concerning
competitors that are made on the Register of Notifiable Events for a drug
testing scheme.
(2) A drug testing scheme may permit the Agency to make information to
which this section applies publicly available.
(3) Nothing in this section limits, or is limited by, any other provision
of this Act or a drug testing scheme under which the Agency is required or
permitted to disclose information.
40 Subsection 17C(2)
Omit “11(2)(f)”, substitute “11(2)(f), (fa), (fb) or
(fc)”.
41 Paragraph 17J(a)
After “safety checking services”, insert “, or the way in
which the Agency may provide services under such contracts”.
42 Subsection 17ZA(1)
After “making”, insert “, or attempted
making,”.
43 Paragraphs 17ZA(1)(c) and
(d)
Repeal the paragraphs.
44 At the end of paragraph
17ZA(1)(e)
Add “of the sample”.
45 At the end of subsection
17ZA(1)
Add:
; or (f) any evasion by the competitor of the attempt by the Agency to
make the request; or
(g) the inability of the Agency to make the request because the competitor
could not be found using information available to the Agency; or
(h) any tampering by the competitor with a sports drug matter covered by
subparagraph 4A(2)(a)(iv) or (b)(iv).
46 Paragraph 17ZB(a)
After “safety checking services”, insert “, or the way in
which the Agency may provide services under such contracts”.
47 Paragraph 17ZC(1)(c)
After “making”, insert “, or attempted
making,”.
48 Subparagraph 17ZC(1)(c)(iv)
Repeal the subparagraph.
49 At the end of subparagraph
17ZC(1)(c)(v)
Add “of the sample”.
50 At the end of paragraph
17ZC(1)(c)
Add:
; or (vi) any failure by the person to keep the sporting administration
body informed of where the person can be found; or
(vii) the inability, because of a failure of the kind mentioned in
subparagraph (vi), of the sporting administration body to make the request;
or
(viii) any tampering by the person with a sports drug matter covered by
subparagraph 4A(2)(a)(ii) or (b)(ii).
51 Subsection 17ZC(2)
Repeal the subsection, substitute:
(2) A drug testing scheme may, in relation to the Register of Notifiable
Events for that scheme:
(a) authorise the Agency to enter the name of a competitor on that
Register if the competitor fails, without reasonable cause, to comply with a
request of the kind mentioned in paragraph (1)(a); and
(b) authorise the Agency to enter the name of a competitor on that
Register in specified circumstances, being circumstances that consist of, or
include, the circumstance that the competitor has returned a positive test
result in relation to a sample provided pursuant to such a request;
and
(c) authorise the Agency to enter the name of a competitor on that
Register in specified circumstances, being circumstances that consist of, or
include, the circumstance that the competitor deliberately evaded an attempt to
make such a request; and
(d) authorise the Agency to enter the name of a competitor on that
Register in specified circumstances, being circumstances that consist of, or
include, the circumstance that the competitor failed to keep the sporting
administration body informed of where the competitor can be found; and
(e) authorise the Agency to enter the name of a competitor on that
Register in specified circumstances, being circumstances that consist of, or
include, the following circumstances:
(i) the competitor failed to keep the sporting administration body
informed of where the competitor can be found;
(ii) but for this failure, the body would have made a request of the kind
mentioned in paragraph (1)(a) to the competitor; and
(f) authorise the Agency to enter the name of a competitor on that
Register if the competitor tampered with a sports drug matter covered by
subparagraph 4A(2)(a)(ii) or (b)(ii) or paragraph 4A(2)(c) or (e); and
(g) authorise the Agency to enter, on that Register, specified particulars
relating to a competitor referred to in another paragraph of this
subsection.
52 Subsection 17ZC(4)
After “(2)(b)”, insert “, (c), (d) or
(e)”.
53 After subsection 17ZC(6)
Insert:
(6A) Circumstances specified for the purposes of paragraph (2)(c),
(d) or (e) may differ according to the fields of sporting activities in which
competitors compete.
54 Subsection 17ZC(7)
After “(6)”, insert “or (6A)”.
55 Subsection 17ZC(9)
Repeal the subsection.
56 Paragraph 17ZD(a)
After “safety checking services”, insert “, or the way in
which the Agency may provide services under such contracts”.
57 Subsection 18(2AA)
Repeal the subsection.
58 Paragraph 65C(2)(b)
Omit “paragraph 13(1)(b)”, substitute “paragraphs
13(1)(b) and (c) and subsection 13(1A)”.
59 After paragraph 65C(2)(b)
Insert:
(ba) participating in reviews or appeals (or similar processes) that
relate directly or indirectly to decisions of ASDMAC approving, or refusing to
approve, the use of scheduled drugs for therapeutic purposes;
60 At the end of subsection
65C(2)
Add:
; (d) disclosing information, for the purposes of drug testing programs,
to sporting administration bodies (see section 17BA).
61 Paragraph 66(1)(a)
After “International Olympic Committee”, insert “or
WADA”.
62 Section 67B
Repeal the section, substitute:
(1) The Agency may notify a sporting administration body of circumstances
that the Agency knows or has reason to believe involve a person tampering with a
sports drug matter if:
(a) that body is connected with a field of sporting activity in which the
person is involved; or
(b) that body is a relevant national sporting organisation, or relevant
sporting organisation, in relation to a sporting participant whose interests may
have been affected by the tampering.
Note: For example, the Agency could notify a
participant’s sporting administration body if the coach of a rival
participant tampered with a sample provided by the first-mentioned
participant.
(2) For the purposes of this section, the definitions of
relevant national sporting organisation and
relevant sporting organisation in subsection 2(1) have effect as
if a reference in those definitions to a competitor included a reference to a
sporting participant.
(3) Nothing in this section limits, or is limited by, any other provision
of this Act or a drug testing scheme under which the Agency is required or
permitted to disclose information.
(4) In this section:
sporting participant means:
(a) a competitor; or
(b) any other participant in a sporting activity.
(1) This section applies to information that relates, or appears to
relate, to any of the following:
(a) the use by a person of a scheduled drug or doping method;
(b) the possession by a person of a scheduled drug or doping
method;
(c) trafficking by a person in a scheduled drug or doping
method;
(d) the administration by a person of a scheduled drug or doping
method;
(e) a person attempting to engage in any conduct referred to in
paragraphs (a) to (d);
(f) a person aiding, abetting, covering up, or being involved in any other
type of complicity relating to, any conduct referred to in paragraphs (a)
to (e).
(2) The Agency may disclose information to which this section applies
to:
(a) a sporting administration body specified for the purposes of this
section in a drug testing scheme whose schedule of drugs and doping methods
includes the drug or doping method to which the information relates;
or
(b) the Australian Federal Police; or
(c) the Australian Customs Service.
(3) Nothing in this section limits, or is limited by, any other provision
of this Act or a drug testing scheme under which the Agency is required or
permitted to disclose information.
(4) In this section:
possession, when used in relation to a doping method, means
possession of skills, knowledge, substances, equipment or technology necessary
to engage in, or that can be used to engage in, the doping
method.
trafficking means:
(a) selling, giving, transporting, sending, delivering or distributing;
and
(b) when used in relation to a doping method, means
trafficking (as defined in paragraph (a)) in skills, knowledge, substances,
equipment or technology necessary to engage in, or that can be used to engage
in, the doping method.
(1) This section applies to information relating to the return, by
competitors, of negative test results.
(2) The Agency may make information to which this section applies publicly
available in any way it thinks appropriate.
(3) Nothing in this section limits, or is limited by, any other provision
of this Act or a drug testing scheme under which the Agency is required or
permitted to disclose information.
63 Subparagraph 67C(1)(d)(ii)
Repeal the subparagraph.
64 At the end of paragraph
67C(1)(d)
Add:
; or (iv) any evasion by the competitor of an attempt to make a request of
the kind mentioned in paragraph 11(2)(c) or 17ZC(1)(a); or
(v) any failure by the competitor to provide information about where the
competitor can be found; or
(vi) the inability, because of a failure of the kind mentioned in
subparagraph (v), of the Agency or a sporting administration body to make a
request of the kind mentioned in subparagraph (iv); or
(vii) any tampering by the competitor with a sports drug matter covered by
subparagraph 4A(2)(a)(i) or (ii) or (b)(i) or (ii), or paragraph 4A(2)(c), (d)
or (e).
65 Paragraph 67C(2)(b)
After “requests”, insert “, or attempts to
request,”.
66 Subsection 67C(2)
After “out of the request,”, insert “or attempted
request,”.
67 Paragraph 67C(2)(d)
Repeal the paragraph.
68 At the end of subsection
67C(2)
Add:
; or (f) any evasion by the person of the attempt by the Agency to make
the request; or
(g) any failure by the person to keep the Agency informed of where the
person can be found; or
(h) the inability, because of a failure of the kind mentioned in
paragraph (g), of the Agency to make the request; or
(i) any tampering by the person with a sports drug matter covered by
subparagraph 4A(2)(a)(iii) or (b)(iii).
69 After section 72
Insert:
Nothing in this Act or a drug testing scheme limits the operation of the
Privacy Act 1988.
Part 2—Transitional
provisions
70 Certain amendments apply to all drug testing
schemes
Subject to the other items in this Part, the amendments made by items in
Part 1 of this Schedule that affect the matters that must or may be dealt
with in a drug testing scheme, or that affect how a matter must or may be dealt
with in a drug testing scheme, apply in relation to all drug testing
schemes, whether formulated before or after the commencement of those
items.
71 Certain amendments do not authorise disclosure of
information held before the commencement of the amendments
The amendments made by items in Part 1 of this Schedule that affect
the disclosure (however described) of information by the Agency or ASDMAC do not
apply in relation to information held by the Agency or ASDMAC before the
commencement of those items.
72 Certain amendments do not apply to conduct that
occurred before the commencement of the amendments
The amendments made by items in Part 1 of this Schedule that relate to
any of the following circumstances:
(a) a person evading a request to provide a sample;
(b) a person failing to comply with a request to provide information about
where he or she can be found;
(c) a request to provide a sample not being able to be made to a person
because of a failure by the person to provide information about where he or she
can be found;
(d) a person tampering with a sports drug matter;
do not apply in relation to any such circumstance that occurred before the
commencement of those items.
73 Certain amendments apply to contracts entered
into before or after the commencement of the amendments
The amendments made by items 41, 46 and 56 apply in relation to
contracts, whether entered into before or after the commencement of those
items.
74 Certain amendments do not apply to samples
requested before the commencement of the amendments
The amendments made by items 4, 5, 30, 55 and 57 do not apply
in relation to samples requested before the commencement of those
items.
75 Continued effect of certain
regulations
Regulations:
(a) in force immediately before the commencement of an item in Part 1
of this Schedule; and
(b) that were so in force for the purposes of a provision of the
Australian Sports Drug Agency Act 1990 that is amended by that
item;
have effect after that commencement as if they were made for the purposes
of that provision as so amended.