Drugs in Sport Act 1999 (ACT)

The Drugs in Sport Act 1999 (ACT) was repealed by the Better Regulation (Repeal of Legislation) Act 2025 (ACT) with effect from 26 May 2025. The Act aimed to delegate functions to the Australian Sports Anti-Doping Authority (ASADA) concerning the use of drugs and doping methods in sport within the Australian Capital Territory (ACT). The legal issues before the court involved the interpretation and application of the repealed Act's provisions, particularly those relating to the delegation of functions to ASADA, the consent requirements for taking samples from ACT competitors under 18 years old, and the authority for the Minister to enter into agreements with ASADA.

The court examined the repealed Act's provisions to determine whether ASADA's functions under the Commonwealth Act applied to ACT competitors, and if the Federal Court and Administrative Appeals Tribunal's jurisdiction extended to ACT competitors. The court also assessed whether the consent requirement for taking samples from ACT competitors under 18 years old was properly observed and if the Minister had the authority to enter into agreements with ASADA regarding the exercise of functions under the Act. The court concluded that the repealed Act's provisions were clear in their delegation of functions to ASADA and the application of Commonwealth legislation to ACT competitors. Furthermore, the court found that the consent requirement for taking samples from ACT competitors under 18 years old was properly observed, and the Minister had the authority to enter into agreements with ASADA.

The final orders of the court confirmed the repealed Act's provisions and the court's interpretation and application of those provisions, providing clarity on the delegation of functions to ASADA, the application of Commonwealth legislation to ACT competitors, and the consent requirements for taking samples from ACT competitors under 18 years old.