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.
Overview
The Australian Sports Anti-Doping Authority Amendment Act 2013 was enacted to address deficiencies in the Australian Sports Anti-Doping Authority's (ASADA) ability to investigate and enforce anti-doping regulations effectively. This legislation, assented to on 29 June 2013, was issued by the Australian Parliament to amend the Australian Sports Anti-Doping Authority Act 2006. The primary policy objective of the Amendment Act is to bolster ASADA's investigative powers, enhance information sharing with other government agencies, clarify the operations of the Anti-Doping Rule Violation Panel, update conflict of interest provisions, and confirm the statutory period for initiating action against athletes suspected of anti-doping rule violations. The Act aims to ensure that ASADA can more efficiently and effectively enforce anti-doping regulations within Australian sports.
Scope and Application
The Australian Sports Anti-Doping Authority Amendment Act 2013 applies to individuals and entities involved in sports within Australia, including athletes, sporting organisations, and officials, with a focus on those implicated in anti-doping rule violations. The Amendment Act strengthens the investigative powers of the Australian Sports Anti-Doping Authority (ASADA) and improves its ability to share information with other government agencies, ensuring more effective enforcement of anti-doping regulations. The jurisdictional reach of the Act is national, applying across all states and territories of Australia. The Act clarifies the operation of the Anti-Doping Rule Violation Panel, updates conflict of interest provisions for members of anti-doping bodies, and confirms the statutory period for commencing action against athletes suspected of doping. Civil penalties are applicable for non-compliance with disclosure notices issued by the ASADA Chief Executive Officer, and provisions are in place to protect the rights of individuals served with such notices. The Amendment Act commenced on 1 August 2013, as proclaimed under the Legislative Instruments Act 2003, to promptly equip ASADA with the enhanced powers necessary for its operations.
Key Provisions
The Australian Sports Anti-Doping Authority Amendment Act 2013 (the Amendment Act) introduces significant changes to the Australian Sports Anti-Doping Authority Act 2006 (the Act). The key provisions of this Amendment Act are contained in Schedules 1 to 3. Schedule 1, for instance, includes the power for the ASADA Chief Executive Officer to issue a disclosure notice (section 1) requiring a person to assist ASADA with its investigations. Compliance with these disclosure notices is mandatory and civil penalties are imposed for non-compliance (section 2). Schedule 1 also includes provisions to protect the rights of individuals who are issued with a disclosure notice (section 3).
The Amendment Act imposes several obligations on parties governed by the Act. These include the requirement for individuals to comply with disclosure notices issued by the ASADA Chief Executive Officer (section 1). Moreover, it mandates ASADA to follow the procedures outlined in Schedule 1 for issuing and enforcing disclosure notices (section 2). The Act also requires ASADA to share information in accordance with the provisions in Schedule 2 (section 4). Furthermore, it updates the governance and conflict of interest provisions for members of anti-doping bodies as outlined in Schedule 3 (section 5).
Breaches of the Amendment Act carry various penalties and consequences. Non-compliance with a disclosure notice results in civil penalties as stipulated in section 2. The Act also sets out procedures for the Anti-Doping Rule Violation Panel to handle violations (section 6). There are specific provisions that outline the potential criminal and civil consequences for serious breaches, although the exact penalties are detailed in the regulations made under the Act (section 7). The updated conflict of interest provisions aim to ensure the integrity of the anti-doping process by preventing conflicts that could compromise the independence of the Panel and other anti-doping bodies (section 8).