Australian Sports Anti-Doping Authority Amendment (Enhancing Australia’s Anti-Doping Capability) Act 2020

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Legislation au C2020A00051 In force Act

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Australian Sports Anti‑Doping Authority Amendment (Enhancing Australia’s Anti‑Doping Capability) Act 2020

 

No. 51, 2020

 

 

 

 

 

An Act to amend the Australian Sports Anti‑Doping Authority Act 2006, and for related purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedules

Schedule 1—Amendments

Part 1—Anti‑Doping Rule Violation Panel

Australian Sports Anti‑Doping Authority Act 2006

Australian Sports Commission Act 1989

Part 2—Protection from civil actions

Australian Sports Anti‑Doping Authority Act 2006

Part 3—Disclosure to courts or tribunals

Australian Sports Anti‑Doping Authority Act 2006

Part 4—Disclosure notices

Australian Sports Anti‑Doping Authority Act 2006

Part 5—Contingent amendments

Division 1—First contingency

Australian Sports Anti‑Doping Authority Act 2006

Freedom of Information Act 1982

Division 2—Second contingency

Sport Integrity Australia Act 2020

 

 

 

Australian Sports Anti-Doping Authority Amendment (Enhancing Australia’s Anti-Doping Capability) Act 2020

No. 51, 2020

 

 

 

An Act to amend the Australian Sports Anti‑Doping Authority Act 2006, and for related purposes

[Assented to 16 June 2020]

The Parliament of Australia enacts:

1  Short title

  This Act is the Australian Sports Anti‑Doping Authority Amendment (Enhancing Australia’s Anti‑Doping Capability) Act 2020.

2  Commencement

 (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

16 June 2020

2.  Schedule 1, Parts 1 to 4

A single day to be fixed by Proclamation.

However, if the provisions do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

10 August 2020

(F2020N00086)

3.  Schedule 1, Part 5, Division 1

At the same time as the provisions covered by table item 2.

However, the provisions do not commence at all if Schedule 1 to the Australian Sports Anti‑Doping Authority Amendment (Sport Integrity Australia) Act 2020 commences at or before that time.

Never commenced

4.  Schedule 1, Part 5, Division 2

Immediately after the commencement of the provisions covered by table item 2.

However, the provisions do not commence at all unless Schedule 1 to the Australian Sports Anti‑Doping Authority Amendment (Sport Integrity Australia) Act 2020 commences on or before the day on which Part 1 of Schedule 1 to this Act commences.

10 August 2020

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

 (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedules

  Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendments

Part 1—Anti‑Doping Rule Violation Panel

Australian Sports Anti‑Doping Authority Act 2006

1  Section 3

Omit “the Anti‑Doping Rule Violation Panel (known as the ADRVP) and”.

2  Section 3

Omit “The ADRVP has various functions, including those conferred on the ADRVP by the NAD scheme (see section 41). The NAD scheme must authorise the ADRVP to make assertions relating to investigations of possible violations of the anti‑doping rules, and require the ADRVP to notify the CEO of such assertions.”.

3  Section 4

Repeal the following definitions:

 (a) definition of ADRVP;

 (b) definition of ADRVP Chair;

 (c) definition of ADRVP member.

4  Section 4 (definition of sporting administration body)

Omit “or the ADRVP”.

5  Section 4 (paragraph (aa) of the definition of vacancy)

Repeal the paragraph.

6  Subsection 5(1A)

Repeal the subsection.

7  Section 8A

Omit “and review”.

8  Paragraph 13(1)(h)

Omit “ADRVP”, substitute “CEO”.

9  Paragraph 13(1)(i)

Repeal the paragraph.

10  Subparagraph 13(1)(k)(i)

Repeal the subparagraph, substitute:

 (i) such assertions; and

11  Paragraph 13(1)(m)

Omit “assertions mentioned in paragraph (i)”, substitute “such assertions”.

12  Paragraph 13A(1A)(b)

Omit “rules; and”, substitute “rules.”.

13  Paragraph 13A(1A)(c)

Repeal the paragraph.

14  Subsection 14(1)

Omit “to (4)”, substitute “and (3)”.

15  Subsection 14(3)

Omit “ADRVP” (wherever occurring), substitute “CEO”.

16  Subsection 14(4)

Repeal the subsection.

17  Paragraph 15(2)(d)

Omit “ADRVP’s”, substitute “CEO’s”.

18  Paragraph 18(aa)

Repeal the paragraph.

19  Paragraph 21(1)(kb)

Repeal the paragraph.

20  Subsection 24A(2)

Repeal the subsection.

21  Part 5

Repeal the Part.

22  Subparagraph 50F(d)(iv)

Repeal the subparagraph.

23  Subparagraph 50F(e)(ii)

Omit “section 21; and”, substitute “section 21.”.

24  Subparagraph 50F(e)(iv)

Repeal the subparagraph.

25  Subsection 54(2A)

Repeal the subsection.

26  Subsection 60(2)

Omit “the ADRVP,”.

27  Section 67A

Omit “or the ADRVP”.

28  Paragraph 68(d)

Repeal the paragraph.

29  Paragraphs 69(c) and (d)

Omit “, the ADRVP”.

30  Paragraph 69(fa)

Repeal the paragraph.

31  Subsection 78(1B)

Repeal the subsection.

32  Paragraphs 78(3)(a) and (b)

Omit “or the ADRVP”.

33  Paragraphs 78(4)(a), (b) and (c)

Omit “, the ADRVP”.

34  Paragraph 78(4)(da)

Repeal the paragraph.

35  Saving and transitional provisions

Secrecy

(1) Part 8 of the Australian Sports Anti‑Doping Authority Act 2006, as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to a person who at any time before that commencement was:

 (a) a person engaged by the Commonwealth to perform services for the ADRVP; or

 (b) a designated associate of:

 (i) a person; or

 (ii) a partnership;

  engaged by the Commonwealth to perform services for the ADRVP; or

 (c) an ADRVP member.

Protection from civil actions

(2) Despite the repeal of subsection 78(1B) of the Australian Sports Anti‑Doping Authority Act 2006 made by this Part, that subsection, as in force immediately before the commencement of this item, continues to apply on and after that commencement to a former ADRVP member in relation to an act done or omitted to be done before that commencement.

(3) Subsection 78(3) of the Australian Sports Anti‑Doping Authority Act 2006, as in force immediately before that commencement, continues to apply on or after that commencement in relation to a publication or disclosure in good faith made before that commencement:

 (a) in the performance or purported performance of any function of the ADRVP; or

 (b) in the exercise or purported exercise of any power of the ADRVP.

(4) Subsection 78(4) of the Australian Sports Anti‑Doping Authority Act 2006, as in force immediately before the commencement of this item, continues to apply on or after that commencement in relation to the making of a statement to, or the giving of a document or information to, the ADRVP at any time before that commencement.

Records or documents

(5) Any records or documents that were in the possession of the ADRVP immediately before the commencement of this item are to be transferred to the CEO after that commencement.

Note: The records and documents are Commonwealth records for the purposes of the Archives Act 1983.

Australian Sports Commission Act 1989

36  Section 57A (heading)

Omit “or the Anti‑Doping Rule Violation Panel”.

37  Paragraph 57A(1)(b)

Omit “; or”, substitute “.”.

38  Paragraph 57A(1)(c)

Repeal the paragraph.

39  Transitional provision

Paragraph 57A(1)(c) of the Australian Sports Commission Act 1989, as in force immediately before the commencement of this item, continues to apply in relation to the disclosure of information on or after that commencement by the Commission to the Chief Executive Officer of the Australian Sports Anti‑Doping Authority.

Part 2—Protection from civil actions

Australian Sports Anti‑Doping Authority Act 2006

40  At the end of section 78

Add:

 (5) A national sporting organisation of Australia, or a person performing work or services for the organisation, is not liable to an action or other proceeding for damages for or in relation to an act done or omitted to be done in good faith in implementing or enforcing the organisation’s anti‑doping policy.

41  Application provision

The amendment made by this Part applies in relation to acts or omissions occurring on or after the commencement of this item.

Part 3—Disclosure to courts or tribunals

Australian Sports Anti‑Doping Authority Act 2006

42  Subsection 67(3)

Omit “an entrusted person”, substitute “a person”.

Part 4—Disclosure notices

Australian Sports Anti‑Doping Authority Act 2006

45  Subsection 13B(3)

Omit “at the times that the person would ordinarily be able to do so”, substitute “at such times and places as the CEO thinks appropriate”.

46  Subsections 13C(1), (3) and (4) (penalty)

Omit “30”, substitute “60”.

47  Subsections 13D(1) to (2)

Repeal the subsections, substitute:

 (1) A person is not excused from answering a question, giving information or producing a document or thing as required by a disclosure notice given to the person on the ground that the answer to the question, the information or the production of the document or thing might tend to incriminate the person or expose the person to a penalty.

 (2) However, in the case of an individual:

 (a) the answer given, the information given or the document or thing produced; and

 (b) answering the question, giving the information or producing the document or thing; and

 (c) any information, document or thing obtained as a direct or indirect consequence of the answering of the question, giving the information or producing the document or thing;

are not admissible in evidence against the individual in any proceedings, other than:

 (d) proceedings for an offence against section 137.1 or 137.2 of the Criminal Code that relates to this Act; or

 (e) proceedings in connection with this Act or the regulations.

48  Application provision

The amendments made by this Part apply in relation to disclosure notices given on or after the commencement of this item.

Part 5—Contingent amendments

Division 1—First contingency

Australian Sports Anti‑Doping Authority Act 2006

49  Paragraphs 50F(a) and (b)

Repeal the paragraphs, substitute:

 (a) the Australian Sports Anti‑Doping Authority is a listed entity; and

50  Paragraphs 50F(c), (d) and (e)

Omit “listed entity”, substitute “Australian Sports Anti‑Doping Authority”.

Freedom of Information Act 1982

51  Schedule 3

Before:

Banking Act 1959, subsection 69A(2)

insert:

Australian Sports Anti‑Doping Authority Act 2006, section 67

Division 2—Second contingency

Sport Integrity Australia Act 2020

52  Paragraphs 50F(a) and (b)

Repeal the paragraphs, substitute:

 (a) Sport Integrity Australia is a listed entity; and

53  Paragraphs 50F(c), (d) and (e)

Omit “the listed entity”, substitute “Sport Integrity Australia”.

[Minister’s second reading speech made in—

House of Representatives on 17 October 2019

Senate on 5 December 2019]

(203/19)

 

Overview

The Australian Sports Anti-Doping Authority Amendment (Enhancing Australia’s Anti-Doping Capability) Act 2020, enacted by the Parliament of Australia and assented to on 16 June 2020, amends the Australian Sports Anti-Doping Authority Act 2006 to enhance the anti-doping capability in Australian sports. The Act addresses issues in the existing framework by restructuring the governance and enforcement mechanisms of anti-doping in sports. It removes the Anti-Doping Rule Violation Panel (ADRVP) and transfers its functions to the Chief Executive Officer (CEO) of the Australian Sports Anti-Doping Authority (ASADA). The Act also introduces protections from civil actions for national sporting organisations and their personnel when implementing anti-doping policies in good faith. Additionally, it modifies the disclosure of information to courts or tribunals and adjusts the penalties associated with non-compliance with disclosure notices. This Act aims to strengthen the integrity of sports by ensuring a robust and efficient anti-doping system. By centralising decision-making and enforcement powers within ASADA and providing legal protections, the Act seeks to deter doping and support clean competition in Australian sports. The transitional provisions ensure continuity in ongoing investigations and the protection of individuals involved in anti-doping activities prior to the amendments.

Scope and Application

The Australian Sports Anti-Doping Authority Amendment (Enhancing Australia's Anti-Doping Capability) Act 2020 amends the Australian Sports Anti-Doping Authority Act 2006 to enhance Australia's anti-doping capability by repealing the Anti-Doping Rule Violation Panel (ADRVP) and transferring its functions to the CEO of the Australian Sports Anti-Doping Authority. This Act applies to all persons and entities involved in sports within Australia, specifically targeting those engaged in sporting activities and related administration. The jurisdictional reach of the Act is Commonwealth-wide, impacting national sporting organisations and their officials. The Act excludes certain individuals and entities, such as designated associates of the ADRVP, from some provisions upon its commencement. The geographic scope applies to all states and territories of Australia, with no specific exclusions based on location. The Act also extends its application through subordinate instruments, contingent upon the commencement of other related Acts, such as the Australian Sports Anti-Doping Authority Amendment (Sport Integrity Australia) Act 2020.

Key Provisions

The Australian Sports Anti-Doping Authority Amendment (Enhancing Australia’s Anti-Doping Capability) Act 2020 amends the Australian Sports Anti-Doping Authority Act 2006, as well as the Australian Sports Commission Act 1989. The main changes include the repeal of the Anti-Doping Rule Violation Panel (ADRVP) and the transfer of its functions to the CEO of the Australian Sports Anti-Doping Authority (ASADA). The Act also introduces protections from civil actions for national sporting organisations and individuals acting in good faith under anti-doping policies, and modifies the disclosure of information to courts or tribunals, as well as the penalties for non-compliance with disclosure notices. The Act contains specific provisions for the handling of records, documents, and transitional arrangements for personnel and information previously associated with the ADRVP. The Act imposes specific obligations on the Australian Sports Anti-Doping Authority, the Australian Sports Commission, and national sporting organisations. For ASADA, the CEO now assumes the functions previously held by the ADRVP, including the handling of anti-doping rule violations and the protection of confidentiality. The Australian Sports Commission must continue to provide information to ASADA as required, despite the repeal of the ADRVP. National sporting organisations must implement and enforce their anti-doping policies in good faith, with immunity from civil liability for actions taken under these policies. The CEO of ASADA is also tasked with ensuring that records and documents previously held by the ADRVP are transferred appropriately and maintained according to Commonwealth records standards. Under the Act, there are specific penalties and consequences for breaches of certain provisions. For example, the penalties for non-compliance with disclosure notices have been increased from 30 to 60 penalty units. Additionally, the Act ensures that information obtained under a disclosure notice, while not admissible in evidence against the individual in most cases, can still be used in proceedings related to offences under the Criminal Code or in proceedings connected with the Act or its regulations. The Act also provides transitional protections for individuals previously involved with the ADRVP, ensuring they retain certain rights and protections even after the repeal of the panel. Failure to comply with the provisions of this Act could result in legal consequences, including financial penalties. For instance, the increased penalties for non-compliance with disclosure notices can lead to fines of up to 60 penalty units each, where one penalty unit is currently equivalent to AUD 222. Additionally, the Act ensures that individuals who acted in good faith under anti-doping policies are protected from civil actions, which could otherwise result in significant legal and financial burdens. The Act’s provisions are designed to maintain the integrity of Australia’s anti-doping efforts while providing clarity and protection to those involved in its enforcement.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.