Australian Sports Drug Agency
Amendment Act 1994
No. 42 of 1994
An Act to amend the Australian Sports Drug Agency
Act 1990
[Assented to 15 March 1994]
The Parliament of Australia enacts:
Short title etc.
1.(1) This Act may be cited as the Australian Sports Drug Agency Amendment Act 1994.
(2) In this Act, “Principal Act” means the Australian Sports Drug Agency Act 19901.
Commencement
2. This Act commences on the day on which it receives the Royal Assent.
States may confer powers and functions on Agency etc.
3. Section 9A of the Principal Act is amended by adding at the end the following subsection:
“(2) If a law of a State or Territory covered by subsection (1) confers jurisdiction, or a power or function, on:
(a) the Federal Court of Australia; or
(b) the Administrative Appeals Tribunal; or
(c) a member or an officer of that Court or Tribunal;
then, subject to the regulations, that Court, Tribunal, member or officer, as the case may be, may exercise that jurisdiction or power, or perform that function.”.
Agency to maintain Register of Notifiable Events
4. Section 11 of the Principal Act is amended by adding at the end the following subsections:
“(2) A law of a State or Territory covered by subsection 9A(1) may require the Agency to record in the Register information about each person who, within the meaning of that law:
(a) fails, without reasonable cause, to comply with a request to provide a sample made under that law by the Agency or an approved anti-doping body; or
(b) returns a positive test result in relation to a sample provided as a result of such a request.
“(3) A law of a State or Territory that, in accordance with subsection (2), requires the Agency to record information in the Register may also require the Agency to remove that information from the Register.”.
NOTE
1. No. 18, 1991, as amended. For previous amendments, see Nos. 33 and 179, 1991; and Nos. 21, 108 and 118, 1992.
[Minister’s second reading speech made in—
Senate on 16 December 1993
House of Representatives on 10 February 1994]
Overview
The Australian Sports Drug Agency Amendment Act 1994 was enacted to amend the Australian Sports Drug Agency Act 1990, addressing the need for a more streamlined and effective approach to the regulation and enforcement of sports drug laws across Australia. This Act was passed by the Parliament of Australia and received Royal Assent on 15 March 1994. The policy objective of this amendment was to enhance the jurisdictional reach and functional capacity of the Australian Sports Drug Agency by allowing state and territory laws to confer certain powers and functions onto federal courts, tribunals, and their members or officers, subject to regulations. Furthermore, the Act introduced provisions for the Agency to maintain a Register of Notifiable Events, capturing information about individuals who fail to comply with anti-doping requests or return positive test results, as mandated by state or territory laws. This amendment aimed to create a more cohesive and integrated framework for the regulation of sports drugs in Australia.
Scope and Application
The Australian Sports Drug Agency Amendment Act 1994 amends the Australian Sports Drug Agency Act 1990, focusing primarily on the jurisdictional scope and administrative functions of the Australian Sports Drug Agency (ASDA). This Act applies to the ASDA, which is responsible for implementing and enforcing anti-doping policies in sports, and it extends to the Federal Court of Australia, the Administrative Appeals Tribunal, and their respective members and officers. The amendment allows state and territory laws to confer certain powers and functions on these entities, subject to regulations. The Act also mandates the ASDA to maintain a Register of Notifiable Events, which includes information about individuals who fail to comply with sample requests or return positive test results, as per state or territory laws. These laws can also provide for the removal of such information from the register. The amendment is designed to enhance the regulatory framework concerning anti-doping in sports across Australia, ensuring a coordinated approach among federal and state/territory authorities.
Key Provisions
The Australian Sports Drug Agency Amendment Act 1994 (the "Act") amends the Australian Sports Drug Agency Act 1990 (the "Principal Act") to enhance the regulatory framework concerning sports drug testing and related enforcement. Section 3 of the Act amends Section 9A of the Principal Act to allow for the conferral of certain jurisdictional powers and functions to the Federal Court of Australia, the Administrative Appeals Tribunal, and their members or officers. This amendment enables these bodies to exercise jurisdiction, powers, or functions conferred by state or territory laws, subject to any applicable regulations. Section 4 of the Act further amends Section 11 of the Principal Act by introducing provisions for the maintenance of a Register of Notifiable Events. This register will document information about individuals who fail to comply with sample requests without reasonable cause, or those who return a positive test result. State or territory laws may mandate that the Agency record this information in the register, and also specify the removal of such information under certain conditions.
The Act imposes obligations on the Australian Sports Drug Agency to comply with state or territory laws that require the recording and potential removal of certain information in the Register of Notifiable Events. This includes information about individuals who fail to comply with sample requests or return positive test results. The Agency must ensure that it adheres to these requirements, thereby facilitating a coordinated approach to anti-doping efforts across jurisdictions. The obligations extend to maintaining accurate and up-to-date records as mandated by state or territory laws, ensuring that the register serves its intended purpose effectively.
Under the Principal Act, as amended by this Act, breaches of its provisions may result in various civil and criminal consequences. For instance, failing to comply with a sample request without reasonable cause, or returning a positive test result, may lead to the recording of such incidents in the Register of Notifiable Events. This could have significant repercussions for individuals involved in sports, potentially affecting their careers and reputations. The maximum penalties for breaches of anti-doping regulations are not explicitly stated in the Act but may be defined under the relevant state or territory laws or in regulations made under the Principal Act. The consequences of being listed in the Register could include disqualification from competitions, fines, or other sanctions as prescribed by the applicable laws.