EXPLANATORY STATEMENT
Issued by the Authority of the Minister for the Arts and Sport
Australian Sports Anti-Doping Authority Act 2006
Proclamation
The Australian Sports Anti-Doping Authority Act 2006 (the Act) provides for the establishment of the Australian Sports Anti-Doping Authority (‘ASADA’). The ASADA will carry out the functions of the Australian Sports Drug Agency (‘ASDA’), and will also carry out certain additional functions including the investigation of potential breaches of anti-doping rules and the presentation of cases against alleged offenders at hearings conducted by the international Court of Arbitration for Sport and/or other sports tribunals.
Item 2 of the table in subsection 2(1) of the Act provides for sections 3 to 79 of the Act to commence on a day to be fixed by proclamation. It further provides that if any of the provision(s) of the Act do not commence within the period of 6 months beginning on the day on which the Act receives the Royal Assent, they commence on the first day after the end of that period. Similarly, item 2 of the table in subsection 2(1) of the Australian Sports Anti-Doping Authority (Consequential and Transitional Provisions) Act 2006 (Consequential Act) provides for Schedules 1 and 2 to that Act to commence at the same time as section 20 of the Act commences. Schedule 1 to the Consequential Act makes a number of consequential amendments to other Commonwealth Acts and Schedule 2 to the Consequential Act contains transitional provisions related to the establishment of ASADA.
The purpose of the Proclamation is to proclaim 13 March 2006 as the day for the commencement of sections 3 to 79 of the Act. Sections 3 to 79 comprise the whole of the Act apart from sections 1 (Short Title) and 2 (Commencement).
The Act specifies no conditions that need to be met before the power to make the Proclamation may be exercised.