Australian Sports Commission Amendment Act 1999

Legislation au C2004A00497 Not in force Act

Legislation content

 

 

 

 

Australian Sports Commission Amendment Act 1999

 

No. 106, 1999

 

 

 

 

Australian Sports Commission Amendment Act 1999

 

No. 106, 1999

 

 

 

 

An Act to amend the Australian Sports Commission Act 1989, and for related purposes

 

 

Contents

1 Short title...................................

2 Commencement...............................

3 Schedule(s)..................................

Schedule 1—Australian Sports Commission Act 1989

 

Australian Sports Commission Amendment Act 1999

No. 106, 1999

 

 

 

An Act to amend the Australian Sports Commission Act 1989, and for related purposes

[Assented to 31 August 1999]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Australian Sports Commission Amendment Act 1999.

2  Commencement

  This Act commences on the later of:

 (a) the 28th day after the day on which this Act receives the Royal Assent; or

 (b) immediately after the commencement of the Customs Legislation Amendment Act (No. 1) 1999.

3  Schedule(s)

  Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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—Australian Sports Commission Act 1989

 

1  At the end of subsection 7(1)

Add:

 ; and (r) to co‑operate with national and international sporting organisations in aiming to foster a sporting environment that is free from the unsanctioned use of performance enhancing drugs and doping methods.

2  After Part VII

Insert:

Part VIIA—Disclosure and use of protected etc. information

 

51A  Definitions

  In this Part, unless the contrary intention appears:

anti‑doping policy means any current written policy of the Commission or a sporting organisation, in respect of performance enhancing drugs or doping methods.

Commission official means:

 (a) a member of the Commission; or

 (b) a person employed by the Commission under section 41; or

 (c) a consultant engaged by the Commission under section 42; or

 (d) the Executive Director; or

 (e) the Director.

competitor has the meaning given by section 2 of the Australian Sports Drug Agency Act 1990.

Customs CEO means the Chief Executive Officer of the Australian Customs Service referred to in section 4 of the Customs Administration Act 1985.

doping method includes:

 (a) the manipulation or substitution of any of the following:

 (i) any human biological fluid;

 (ii) any human biological tissue (whether alive or otherwise);

 (iii) any human breath;

  in a manner that is capable of concealing the use of a performance enhancing drug by the person concerned; and

 (b) the use of a substance in a manner that is capable of concealing the use of a performance enhancing drug by the person concerned.

protected information means information disclosed to the Commission under section 16 of the Customs Administration Act 1985.

sporting organisation means an organisation of a particular country, or a part of a country, or an international organisation, that:

 (a) has control of one or more sports or sporting events; or

 (b) organises or administers one or more sports or sporting events; or

 (c) accredits people to take part in sporting competition; or

 (d) provides teams to compete in sporting competition; or

 (e) trains, or provides finance for, people to take part in sporting competition.

sports substance means a performance enhancing drug or a substance that is capable of concealing the use of a performance enhancing drug.

51B  Protected information that can be disclosed

  For the purposes of subsection 16(3A) of the Customs Administration Act 1985, the Customs CEO cannot authorise the disclosure of information to the Commission unless the Customs CEO is satisfied that:

 (a) the information relates to the importation into Australia, or the attempted importation into Australia, of a sports substance; and

 (b) at least one of the following conditions is satisfied:

 (i) the importation or attempted importation contravenes a law of the Commonwealth;

 (ii) there are reasonable grounds to suspect that a competitor is responsible for the importation or attempted importation;

 (iii) there are reasonable grounds to suspect that the substance is for use by one or more competitors.

51C  Disclosure of personal protected information

  For the purposes of subsection 16(9) of the Customs Administration Act 1985, the purpose of the Executive Director determining whether an anti‑doping policy is likely to have been breached is taken to be a permissible purpose.

51D  Duty not to disclose protected information

 (1) A Commission official must not disclose any protected information to a person who is not a Commission official, except:

 (a) as authorised by the Executive Director under section 51E; or

 (b) as required or authorised by any other law.

 (2) For the avoidance of doubt, a Commission official is taken to be a Commonwealth officer for the purposes of section 70 of the Crimes Act 1914.

Note: Section 70 of the Crimes Act 1914 imposes secrecy obligations on Commonwealth officers.

51E  Disclosure and use of protected information by the Commission

 (1) This section applies if the Executive Director is satisfied that:

 (a) an anti‑doping policy of a sporting organisation is likely to have been breached; and

 (b) protected information is likely to assist the organisation in determining whether to take action in accordance with its anti‑doping policy.

 (2) The Executive Director may authorise the disclosure of the protected information to the organisation if:

 (a) a written undertaking has been given by the organisation that the information will be used only in determining whether action will be taken in accordance with the anti‑doping policy of the organisation; and

 (b) a written undertaking has been given by the organisation not to disclose or communicate the information to any person who is not a party, or acting on behalf of a party, to the undertaking; and

 (c) the Executive Director is satisfied that the disclosure of the information would not contravene any terms of the authorisation under which the protected information was disclosed to the Commission.

 (3) The Executive Director may specify the manner in which, or the conditions under which, the disclosure is to be made (including the form in which the information is to be presented and the mode of transmitting that information).

51F  Disclosure of other information by the Commission

 (1) If the Executive Director is satisfied that:

 (a) an anti‑doping policy is likely to have been breached by a competitor or other person reasonably believed to be covered by the anti‑doping policy (the sporting person); and

 (b) information about the sporting person is likely to assist the Customs CEO in determining whether the importation or attempted importation of a sports substance relates to a matter set out in paragraph 51B(b);

then the Executive Director may authorise the disclosure of information to the Australian Customs Service to assist in making that determination.

Note: Information Privacy Principle 11 set out in section 14 of the Privacy Act 1988 limits the disclosure of personal information.

 (2) The Executive Director may specify the manner in which, or the conditions under which, the disclosure is to be made (including the form in which the information is to be presented and the mode of transmitting that information).

 

   

[Minister’s second reading speech made in—

House of Representatives on 2 June 1999

Senate on 9 August 1999]

 

(100/99)


 

Overview

The Australian Sports Commission Amendment Act 1999 (No. 106) was enacted by the Parliament of Australia to amend the Australian Sports Commission Act 1989, addressing the need to strengthen the Commission's role in combating the use of performance-enhancing drugs and doping in sports. This legislative amendment aimed to ensure that the Australian Sports Commission could effectively cooperate with national and international sporting organisations in fostering a sporting environment free from the unsanctioned use of performance-enhancing drugs. The Act's policy objective was to enhance the regulatory framework governing anti-doping policies and the handling of protected information related to the importation of sports substances into Australia, thereby supporting the integrity and fairness of competitive sports. The Australian Sports Commission Amendment Act 1999 introduced provisions for the disclosure and use of protected information by the Australian Customs Service, ensuring that such information could only be disclosed under specific circumstances and with appropriate safeguards. This included the ability for the Australian Sports Commission to disclose protected information to sporting organisations under certain conditions, thus facilitating the enforcement of anti-doping policies and the investigation of suspected doping activities. The Act also reinforced the duty of secrecy for Commission officials regarding protected information, aligning with broader secrecy obligations imposed on Commonwealth officers under the Crimes Act 1914.

Scope and Application

The Australian Sports Commission Amendment Act 1999 amends the Australian Sports Commission Act 1989 to include the promotion of a sporting environment free from the unsanctioned use of performance-enhancing drugs and doping methods among the functions of the Australian Sports Commission. This amendment applies to the Commission as an entity and to any persons employed by or engaged with the Commission, including members, employees, consultants, and the Executive Director and Director. The Act's provisions extend to national and international sporting organisations, competitors, and any individuals or entities involved in the importation of substances that could be used for enhancing performance or concealing such use. The Act's jurisdiction is at the Commonwealth level, applying across Australia. There are no stated exclusions or exemptions in the Act itself, although the use and disclosure of protected information are subject to stringent conditions and authorisation requirements. The Act also references the Customs Administration Act 1985 and the Privacy Act 1988, indicating that its application may be extended or restricted through subordinate instruments that govern the handling of protected information and personal data.

Key Provisions

The Australian Sports Commission Amendment Act 1999 (Act) makes several significant changes to the Australian Sports Commission Act 1989. The most notable amendment is the addition of a new subsection (r) to section 7(1) of the original Act, which now requires the Australian Sports Commission (ASC) to cooperate with national and international sporting organisations to foster a sporting environment free from the unsanctioned use of performance-enhancing drugs and doping methods (s.1). Furthermore, a new Part VIIA has been inserted into the original Act, detailing the disclosure and use of protected information (s.2). The Act imposes several obligations on the ASC and its officials. Firstly, section 51D mandates that a Commission official must not disclose any protected information to a person who is not a Commission official, except as authorised by the Executive Director under section 51E or as required or authorised by any other law. It is important to note that a Commission official is considered a Commonwealth officer for the purposes of section 70 of the Crimes Act 1914, which imposes secrecy obligations on Commonwealth officers (s.51D(2)). Section 51E of the Act allows the Executive Director to authorise the disclosure of protected information to a sporting organisation if certain conditions are met. These conditions include the sporting organisation providing a written undertaking that the information will be used only in determining whether action will be taken in accordance with its anti-doping policy and that it will not disclose or communicate the information to any person who is not a party or acting on behalf of a party to the undertaking (s.51E(2)). Additionally, the Executive Director must be satisfied that the disclosure of the information would not contravene any terms of the authorisation under which the protected information was disclosed to the Commission (s.51E(2)(c)). The Executive Director also has the authority to specify the manner in which, or the conditions under which, the disclosure is to be made (s.51E(3)). The Act also outlines the consequences of breaching its provisions. However, the specific offences, penalties, or civil/criminal consequences for breach are not explicitly stated in the text provided. It is essential to consult the full text of the Act or relevant legal resources to determine the precise penalties for non-compliance. Nonetheless, given that a Commission official is considered a Commonwealth officer under the Crimes Act 1914, it can be inferred that breaches of secrecy obligations may result in legal consequences under that Act.

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Sports Law
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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.