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This is a Bill, not an Act. For current law, see the Acts databases.
2019-2020
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Sport Integrity Australia Amendment
(World Anti-Doping Code Review) Bill
2020
No. , 2020
(Youth and Sport)
A Bill for an Act to amend the law relating to sport,
and for related purposes
No. , 2020
Sport Integrity Australia Amendment (World Anti-Doping Code
Review) Bill 2020
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Part 1--Main amendments
3
Sport Integrity Australia Act 2020
3
Part 2--Consequential amendments
8
National Sports Tribunal Act 2019
8
No. , 2020
Sport Integrity Australia Amendment (World Anti-Doping Code
Review) Bill 2020
1
A Bill for an Act to amend the law relating to sport,
1
and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the
Sport Integrity Australia Amendment (World
5
Anti-Doping Code Review) Act 2020
.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Sport Integrity Australia Amendment (World Anti-Doping Code
Review) Bill 2020
No. , 2020
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
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repealed as set out in the applicable items in the Schedule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
Amendments
Schedule 1
Main amendments
Part 1
No. , 2020
Sport Integrity Australia Amendment (World Anti-Doping Code
Review) Bill 2020
3
Schedule 1--Amendments
1
Part 1--Main amendments
2
Sport Integrity Australia Act 2020
3
1 Section 4 (definition of
athlete
)
4
Repeal the definition, substitute:
5
athlete
means a person:
6
(a) who competes in sport or who has at any time in the last 6
7
months competed in sport; and
8
(b) who is subject to the NAD scheme.
9
2 Section 4
10
Insert:
11
non-participant
means a person:
12
(a) who is neither an athlete nor a support person; and
13
(b) who is bound by a sporting administration body's anti-doping
14
policy.
15
3 Section 8A
16
Omit "and support persons", substitute ", support persons and
17
non-participants".
18
4 After subparagraph 10(1)(a)(ii)
19
Insert:
20
(iia) the classes of non-participants who are subject to the
21
NAD scheme;
22
5 Section 13 (heading)
23
Omit "
and support persons
", substitute "
, support persons and
24
non-participants
".
25
6 Paragraph 13(1)(a)
26
Repeal the paragraph, substitute:
27
Schedule 1
Amendments
Part 1
Main amendments
4
Sport Integrity Australia Amendment (World Anti-Doping Code
Review) Bill 2020
No. , 2020
(a) provide that one or more specified classes of persons who
1
compete in sport, or who have at any time in the last 6
2
months competed in sport, are subject to the NAD scheme;
3
and
4
(aa) provide that one or more specified classes of support persons
5
are subject to the NAD scheme; and
6
(ab) provide that all non-participants, or that one or more
7
specified classes of non-participants,
are subject to the NAD
8
scheme; and
9
7 Paragraph 13(1)(fa)
10
Repeal the paragraph.
11
8 Paragraph 13(1)(j)
12
After "support persons", insert ", non-participants".
13
9 Subparagraph 13(1)(m)(ii)
14
Omit "or support person", substitute ", support person or
15
non-participant".
16
10 Subsection 13(3)
17
Omit "or support person", substitute ", support person or
18
non-participant".
19
11 Section 14 (heading)
20
Omit "
and support persons
", substitute "
, support persons and
21
non-participants
".
22
12 Subsection 14(1)
23
Omit "and support persons", substitute ", support persons and
24
non-participants".
25
13 Subsection 14(3)
26
Omit "or support person" (wherever occurring), substitute ", support
27
person or non-participant".
28
Amendments
Schedule 1
Main amendments
Part 1
No. , 2020
Sport Integrity Australia Amendment (World Anti-Doping Code
Review) Bill 2020
5
14 Subsection 14(5)
1
Omit "or support person", substitute ", support person or
2
non-participant".
3
15 Paragraph 15(2)(a)
4
Omit "and support persons", substitute ", support persons and
5
non-participants".
6
16 Section 19AA
7
Omit "or support person", substitute ", support person or
8
non-participant".
9
17 Subsection 19A(2)
10
Omit "or support person" (wherever occurring), substitute ", support
11
person or non-participant".
12
18 Paragraph 19A(3)(a)
13
Omit "or support person", substitute ", support person or
14
non-participant".
15
19 Paragraph 19A(5)(a)
16
Repeal the paragraph, substitute:
17
(a) the anti-doping rule violation was committed by an
18
individual who was aged under 18 at the time the anti-doping
19
rule violation was committed; or
20
(aa) the CEO is satisfied that, taking into account the mental
21
capacity of the individual who committed the anti-doping
22
rule violation, the individual does not understand the
23
anti-doping rules; or
24
(ab) the CEO is satisfied that the anti-doping rule violation was
25
committed by an individual:
26
(i) who is an athlete who competes in sport for recreational
27
purposes; and
28
(ii) who has neither been a national-level athlete (within the
29
meaning of the NAD scheme) nor an international-level
30
athlete (within the meaning of that scheme) at any time
31
in the 5 years before the individual committed the
32
anti-doping rule violation; or
33
Schedule 1
Amendments
Part 1
Main amendments
6
Sport Integrity Australia Amendment (World Anti-Doping Code
Review) Bill 2020
No. , 2020
20 Paragraph 24(2)(a)
1
Omit "or a particular support person,", substitute "or a particular
2
support person or a particular non-participant,".
3
21 After subparagraph 58(3)(d)(ii)
4
Insert:
5
(iia) a non-participant who is subject to the NAD scheme; or
6
22 After paragraph 59(4)(f)
7
Insert:
8
(fa) the matter concerns a non-participant who is subject to the
9
NAD scheme, and the member is related to, or has some
10
involvement in the affairs of, that non-participant; or
11
23 Paragraph 68E(a)
12
Omit "or support person", substitute ", support person or
13
non-participant".
14
24 Paragraph 68E(b)
15
After "attributed to", insert "or based on information provided by".
16
25 Subparagraphs 68E(b)(i) and (ii)
17
Omit "or support person", substitute ", support person or
18
non-participant".
19
26 Application and transitional provisions
20
(1)
In working out on or after the commencement of this item whether a
21
person is an athlete for the purposes of the
Sport Integrity Australia Act
22
2020
,
or regulations under that Act, on the basis of the person having at
23
any time in the last 6 months competed in sport, disregard any
24
competing in sport that occurred before that commencement.
25
(2)
The amendment made by item 19 applies in relation to anti-doping rule
26
violations committed on or after the commencement of this item.
27
(3)
The amendment made by item 24 applies in relation to the disclosure of
28
protected information on or after the commencement of this item, where
29
Amendments
Schedule 1
Main amendments
Part 1
No. , 2020
Sport Integrity Australia Amendment (World Anti-Doping Code
Review) Bill 2020
7
the information referred to in paragraph 68E(b) of the
Sport Integrity
1
Australia Act 2020
was provided on or after that commencement.
2
Schedule 1
Amendments
Part 2
Consequential amendments
8
Sport Integrity Australia Amendment (World Anti-Doping Code
Review) Bill 2020
No. , 2020
Part 2--Consequential amendments
1
National Sports Tribunal Act 2019
2
27 Paragraph 22(1)(b)
3
Omit "an athlete or support person", substitute "a person".
4
28 Subsection 22(1)
5
Omit "the athlete or support person" (wherever occurring), substitute
6
"the person".
7
29 Paragraph 22(2)(b)
8
Omit "an athlete or support person", substitute "a person".
9
30 Subsection 22(2)
10
Omit "the athlete or support person" (wherever occurring), substitute
11
"the person".
12
31 Paragraph 22(3)(a)
13
Omit "the athlete or support person", substitute "the person".
14
32 Paragraph 31(2)(c)
15
Omit "the athlete or support person", substitute "the person who made
16
the application".
17
33 Paragraph 32(1)(b)
18
Omit "an athlete or support person", substitute "a person".
19
34 Paragraph 32(1)(c)
20
Omit "athlete or support person", substitute "person".
21
35 Subsection 32(1)
22
Omit "athlete, support person", substitute "person".
23
36 Paragraph 32(2)(b)
24
Omit "an athlete or support person", substitute "a person".
25
Amendments
Schedule 1
Consequential amendments
Part 2
No. , 2020
Sport Integrity Australia Amendment (World Anti-Doping Code
Review) Bill 2020
9
37 Paragraphs 32(2)(c) and (h)
1
Omit "athlete or support person", substitute "person".
2
38 Subsection 32(2)
3
Omit "athlete, support person", substitute "person".
4
39 Paragraph 32(4)(a)
5
Omit "athlete or support person", substitute "person referred to in
6
paragraph (1)(b) or (2)(b)".
7
40 Paragraph 33(1)(c)
8
Omit "an athlete or support person", substitute "a person".
9
41 Paragraph 33(1)(d)
10
Omit "athlete or support person", substitute "person".
11
42 Subsection 33(1)
12
Omit "athlete, support person", substitute "person".
13
43 Paragraph 33(2)(c)
14
Omit "an athlete or support person", substitute "a person".
15
44 Paragraphs 33(2)(d) and (h)
16
Omit "athlete or support person", substitute "person".
17
45 Subsection 33(2)
18
Omit "athlete, support person", substitute "person".
19
46 Paragraph 33(4)(a)
20
Omit "athlete or support person", substitute "person referred to in
21
paragraph (1)(c) or (2)(c)".
22
47 Paragraph 64(2)(a)
23
After "support person", insert ", other person".
24
Schedule 1
Amendments
Part 2
Consequential amendments
10
Sport Integrity Australia Amendment (World Anti-Doping Code
Review) Bill 2020
No. , 2020
48 Saving provision
1
The amendments made by this Part do not affect the validity of an
2
application or appeal made by an athlete or support person to the
3
National Sports Tribunal before the commencement of this item.
4