Sports Anti-Doping Act 2005

Sports Anti-doping Act 2005

Act No. 70/2005

table of provisions

Section Page

Clause Page

Part 1—Preliminary 1

1. Purpose 1

2. Commencement 2

3. Definitions 2

4. Objects 4

5. State support 4

Part 2—Victorian Sports Anti-doping Policy 6

6. Victorian sports anti-doping policy 6

7. Consultation 7

8. Publication and availability 7

Part 3—Role of ASDA 8

9. Functions of ASDA under this Act 8

10. Powers of ASDA under this Act 8

11. Agreement between ASDA and Victorian sporting
organisations 9

12. Commonwealth Administrative Appeals Tribunal 9

Part 4—General 10

13. Repeal of Sports Drug Testing Act 1995 10

14. Regulations 10

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Endnotes 11

INDEX 12

Clause Page

Victoria

No. 70 of 2005

Clause Page

Sports Anti-doping Act 2005[(]

[Assented to 11 October 2005]

Act No. 70/2005

Sports Anti-doping Act 2005

Act No. 70/2005

Sports Anti-doping Act 2005

The Parliament of Victoria enacts as follows:

Part 4—General

Sports Anti-doping Act 2005

Act No. 70/2005

Part 1—Preliminary

1. Purpose

The purpose of this Act is to—

(a) re-enact with amendments the law relating to anti-doping in sport;

(b) confer functions on the Australian Sports Drug Agency;

2. Commencement

s. 2

This Act comes into operation on the day after the day on which it receives the Royal Assent.

3. Definitions

(1) In this Act—

"ASDA" means the Australian Sports Drug Agency established by the Commonwealth Act;

"Commonwealth Act" means the Australian Sports Drug Agency Act 1990 of the Commonwealth;

"Commonwealth Administrative Appeals Tribunal" means the Administrative Appeals Tribunal established by the Administrative Appeals Tribunal Act 1975 of the Commonwealth;

"Commonwealth competitor" means a competitor within the meaning of the Commonwealth Act;

"State support" has the meaning given in section5;

"Victorian athlete" means a person (other than a Commonwealth competitor) who—

(a) competes or has been selected to compete in a Victorian sporting competition, either as an individual or as a member of a team; or

(b) trains for the purposes of competing or being selected to compete in a Victorian sporting competition, either as an individual or as a member of a team; or

(c) receives State support for the purposes of competing in a Victorian sporting competition or training to compete in a Victorian sporting competition, either as an individual or as a member of a team;

"Victorian Minister" means the responsible Minister of the Crown in right of Victoria for the time being administering this Act;

"Victorian sporting competition" means a sporting competition—

(a) held wholly or partly in Victoria; or

s. 3

(b) held wholly outside Victoria but in which one or more of the persons competing do so as members of, or in any way associated with, a Victorian sporting organisation;

Note: "sporting competition" is defined in the Commonwealth Act.

"Victorian sporting organisation", in relation to a Victorian athlete, means a sporting organisation—

(a) recognised by the Victorian Minister as the sporting organisation for a sport in Victoria; and

(b) of which the athlete is, in his or her capacity as an athlete, a member or with which the athlete is, in that capacity, associated in any way.

Note: "sporting organisation" is defined in the Commonwealth Act.

(2) If this Act uses a term that is used in the Commonwealth Act, the term has the same meaning in this Act as it has in the Commonwealth Act unless the contrary intention appears in this Act.

4. Objects

s. 4

The objects of this Act are—

(a) to ensure that ASDA is able to fulfil its doping control obligations under the World Anti-Doping Code in relation to Victorian athletes;

(b) to promote a positive culture and values around sport and recreation and protect the health of Victorian athletes by discouraging the use of drugs and doping methods;

(c) to recognise community expectations that Victorian athletes compete fairly without the use of drugs or doping methods and are subject to uniform doping control measures;

(d) to provide for the development and implementation of policies for the provision of guidance and direction to Victorian sporting organisations to understand their anti-doping obligations.

5. State support

For the purposes of this Act, a person is taken to be receiving State support if for the purpose of—

(a) taking part in sporting activities or training to take part in sporting activities; or

(b) coaching, training or treating another person taking part in sporting activities or to take part in sporting activities—

the person—

(d) uses facilities that are provided (wholly or partly) by the State or an agency of the State, or are operated or maintained (wholly or partly) with funding received from the State or agency; or

(e) is a member of, or is in any way associated with, a sporting organisation that—

(i) receives funding from the State or an agency of the State; or

(ii) uses facilities that are provided (wholly or partly) by the State or an agency of the State, or are operated or maintained (wholly or partly) with funding received from the State or agency; or

s. 5

(iii) receives advice or other services from the State or an agency of the State.

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Part 2—Victorian Sports Anti-doping Policy

6. Victorian sports anti-doping policy

s. 6

(1) The Victorian Minister must prepare and maintain a Victorian sports anti-doping policy.

(2) The objects of the policy are—

(a) to promote and encourage ethical participation in sport and recreation in Victoria; and

(b) to discourage the use of drugs and doping methods in sport and recreation in Victoria.

(3) The policy—

(a) must be consistent with the purpose and intent of the World Anti-Doping Code; and

(b) may include any provisions the Victorian Minister considers necessary to support the purpose and intent of the World Anti-Doping Code; and

(c) may authorise the Victorian Minister to issue guidelines for the withdrawal of State support from a person who is sanctioned under a Code compliant anti-doping policy.

(4) In sub-section (3)(c)—

"Code compliant anti-doping policy" means a policy or rule (however described) of a sporting organisation that—

(a) governs the participation by persons in a sporting event controlled, organised or administered by that organisation; and

(b) conforms to the World Anti-Doping Code.

7. Consultation

s. 7

The Victorian Minister must consult with any Victorian sporting organisations the Minister considers appropriate in preparing the Victorian sports anti-doping policy and preparing any amendments to it.

8. Publication and availability

(1) The Victorian Minister must publish the Victorian sports anti-doping policy and any amendments to it on an appropriate government Internet website.

(2) The Victorian Minister must publish any guidelines referred to in section 6(3)(c)—

(a) in the Government Gazette; and

(b) on an appropriate government Internet website.

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Part 3—Role of ASDA

9. Functions of ASDA under this Act

s. 9

(1) ASDA has, in relation to a Victorian athlete, the same functions as it has under the Commonwealth Act in relation to a Commonwealth competitor.

(2) The functions include making known information about the use of drugs or doping methods in sport including—

(a) testing procedures and the possibility of a Victorian athlete being asked to supply a sample during competition or training or at another time; and

(b) the consequences that follow if a Victorian athlete returns a positive test result or does not comply with a request to supply a sample.

(3) ASDA may perform its functions in or outside Victoria.

10. Powers of ASDA under this Act

(1) ASDA has, in relation to a Victorian athlete, power to do all things necessary or convenient for the performance of its functions.

(2) The power includes power to charge fees or impose charges that are reasonable for the expense incurred by ASDA in supplying services, information or advice.

(3) ASDA may exercise its powers in or outside Victoria.

11. Agreement between ASDA and Victorian sporting organisations

s. 11

(1) ASDA may perform its functions or exercise its powers under this Act in relation to a Victorian athlete only if there is an agreement in place between ASDA and the athlete's Victorian sporting organisation about the performance of ASDA's functions and the exercise of ASDA's powers in relation to that organisation's Victorian athletes.

(2) An agreement referred to in sub-section (1) may provide that ASDA must perform its functions and exercise its powers in relation to Victorian athletes in the way, and subject to the conditions, stated in the agreement.

12. Commonwealth Administrative Appeals Tribunal

The Commonwealth Administrative Appeals Tribunal, and members and officers of that Tribunal, have the same jurisdiction, functions and powers under this Act in relation to a Victorian athlete as they have under the Commonwealth Act in relation to a Commonwealth competitor.

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Part 4—General

See:
Act No.
3/1995.
LawToday:
www.dms.
dpc.vic.
gov.au

13. Repeal of Sports Drug Testing Act 1995

s. 13

The Sports Drug Testing Act 1995 is repealed.

14. Regulations

(1) The Governor in Council may make regulations for or with respect to—

(a) the conduct of anti-doping control testing;

(b) the development and operation of anti-doping control sample collection and testing facilities for Victorian athletes at Victorian sporting facilities and Victorian sporting competitions;

(c) any matter or thing required or permitted to be prescribed to ensure that ASDA is able to fulfil its responsibilities as a national anti-doping organization under the World Anti-Doping Code in relation to Victorian athletes;

(d) any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.

(2) The regulations—

(a) may be of general or limited application;

(b) may differ according to differences in time, place or circumstances.

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Sports Anti-doping Act 2005

Act No. 70/2005

Endnotes

[(]† Minister's second reading speech—

Legislative Assembly: 17 August 2005

Legislative Council: 4 October 2005

The long title for the Bill for this Act was "to re-enact with amendments the law relating to anti-doping in sport, to confer functions on the Australian Sports Drug Agency, to repeal the Sports Drug Testing Act 1995 and for other purposes."

INDEX

Subject / Section /
Act
commencement / 2
objects / 4
purpose / 1
repeal / 13
ASDA
agreements with Victorian sporting organisations / 11
definition / 3
functions / 9
powers / 10
Australian Sports Drug Agency See ASDA
Commonwealth Act (def.) / 3
Commonwealth competitor (def.) / 3
Commonwealth Administrative Appeals Tribunal
definition / 3
jurisdiction, functions, powers / 12
Commonwealth competitor (def.) / 3
Definitions / 3, 6
Regulations / 14
Repeal / 13
State support / 3, 5
Victorian athlete (def.) / 3
Victorian Minister / 3, 6–8
Victorian sporting competition (def.) / 3
Victorian sporting organisation (def.) / 3
Victorian sports anti-doping policy
amendments / 8
Code compliant anti-doping policy (def.) / 6
consultation / 7
objects / 6
preparation / 6
publication / 8
World Anti-doping Code / 6