EXPLANATORY STATEMENT
Issued by the Authority of the Minister for Sport
Australian Sports Anti-Doping Authority Amendment Act 2013
Proclamation
Section 2 of the Australian Sports Anti-Doping Austhority Amendment Act 2013 (the Amendment Act) provides that Schedules 1 to 3 of the Amendment Act commence on a day to be fixed by Proclamation. The Amendment Act received Royal Assent on 29 June 2013.
This Proclamation fixes 1 August 2013 as the day on which Schedules 1 to 3 of the Amendment Act commences.
The Amendment Act strengthens the Australian Sports Anti-Doping Authority’s (ASADA) investigation function, enhances ASADA’s information sharing arrangements with other government agencies, clarifies the operation of the Anti‑Doping Rule Violation Panel, updates the conflict of interest provisions for members of anti‑doping bodies established under the Australian Sports Anti-Doping Authority Act 2006 (the Act) and confirms the statutory period for commencing action against an athlete in relation to a possible anti-doping rule violation.
Schedule 1 to the Amendment Act provides for the making of regulations that allows the ASADA Chief Executive Officer to, through the issuing of a disclosure notice, require a person to assist ASADA with its investigations. Civil penalties apply for failing to comply with the requirements of a disclosure notice. Schedule 1 also contains provisions that protect the rights of people issued with a disclosure notice.
Schedule 2 relates to the sharing of information used by ASADA while Schedule 3 refines the operation of the Panel and updates the governance and conflict of interests provisions of the Act.
The proposed commencement date reflects the need to provide ASADA with enhanced investigations powers as soon as possible.
This Proclamation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.