Australian Sports Drug Agency Amendment Regulations 2004 (No. 2) 2004 No. 236
EXPLANATORY STATEMENT
Statutory Rules 2004 No. 236
Minute No. 20 of 2004 - Minister for the Arts and Sport
Subject: Australian Sports Drug Agency Act 1990
Australian Sports Drug Agency Amendment Regulations 2004 (No. 2)
Section 73 of the Australian Sports Drug Agency Act 1990 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Section 8 of the Act provides that the objects of the establishment of the Australian Sports Drug Agency (ASDA) are:
a) to deter the use of drugs or doping methods in sport;
b) to facilitate the safety of participants in sporting competitions;
c) to encourage the development of programs to educate the sporting community about matters relating to the use of drugs in sport;
d) to advocate the international adoption of consistent and effective anti-doping programs; and
e) to coordinate the development of a consistent and effective national response to matters relating to the use of drugs in sport.
Subsection 11(1) of the Act provides that regulations may formulate one or more drug testing schemes. The Australian Sports Drug Agency Regulations 1999 (the Principal Regulations) currently provide for Scheme A and Scheme B. Scheme A provides for urine testing of competitors and Scheme B provides for blood testing. Amongst other things, the Principal Regulations set out when ASDA may or must provide information to relevant organisations in relation to the drug testing schemes.
On 30 July 2004 the Act was amended to enable ASDA and the Australian Sports Drug Medical Advisory Committee (ASDMAC) to align their policies and procedures to meet their obligations under the World Anti-Doping Code (the Code) by the commencement of the Athens Olympic Games in August 2004. The Code is the first document to harmonise rules regarding anti-doping across all nations and sports. The Code was introduced and was approved by all major sports federations at the world conference on doping in sport in Copenhagen, Denmark on 5 March 2003. Sharing information with the World Anti-Doping Agency and relevant sporting organisations is an important part of achieving the international harmonisation of anti-doping efforts envisioned by the Code.
The amendments to the Act implement those parts of the Code dealing with, amongst other things, the reporting and sharing of information. The purpose of the Regulations is to complement amendments to the Act to ensure that the full reporting and sharing of information can occur as envisioned by the Code.
Section 67BA of the Act provides that ASDA may disclose certain information to sporting administration bodies. The sporting administration bodies must be specified for the purpose of that section in a drug testing scheme, and the schedule of drugs and doping methods in that scheme must include the drug or doping method to which the information relates. Information that relates, or appears to relate, to any of the following may be disclosed:
(i) the use by a person of a scheduled drug or doping method;
(ii) the possession by a person of a scheduled drug or doping method;
(iii) trafficking by a person of a scheduled drug or doping method;
(iv) the administration by a person of a scheduled drug or doping method;
(v) a person attempting to engage in any conduct referred to in paragraphs (i) to (iv);
(vi) a person aiding, abetting, covering up, or being involved in any other type of complicity relation to, any conduct referred to in paragraphs (i) to (v).
Section 17G of the Act provides that a drug testing scheme may empower ASDA to make orders with respect to any matter for or in relation to which provision may be made, or is required to be made, by the scheme. ASDA has made the Australian Sports Drug Agency Testing (Scheme A) Orders 1999 and the Australian Sports Drug Agency Testing (Scheme B) Orders 2000 (collectively, the Orders). The Orders establish detailed procedures for the two drug testing schemes and Schedule 1 to each of the Orders sets out the relevant Australian and foreign sporting administration bodies for the purposes of the Orders.
The Regulations provide that a specified sporting administration body within the meaning of the Orders is specified for the purposes of section 67BA of the Act. ASDA will now amend the Orders to provide that each sporting administration body mentioned in Schedule 1 to each of the Orders is a specified sporting administration body for the purposes of the Regulations. In effect, ASDA would be able to disclose specified information to any of the sporting administration bodies appearing in Schedule 1 to either of the Orders. These types of permitted disclosures implement the requirements of the Code and its aim of public transparency and accountability for all anti-doping matters.
Details of the Regulations appear in the Attachment.
The Regulations commence on the date of their notification in the Gazette which is expected to be on 6 August 2004.
ATTACHMENT
DETAILS OF THE AUSTRALIAN SPORTS DRUG AGENCY AMENDMENT REGULATIONS 2004 (NO. 2)
Regulation 1 - Name of Regulations
Regulation 1 provides that the name of the Regulations is the Australian Sports Drug Agency Amendment Regulations 2004 (No. 2).
Regulation 2 - Commencement
Regulation 2 provides that the Regulations would commence on the date of their notification in the Gazette.
Regulation 3 - Amendment of Australian Sports Drug Agency Regulations 1999
Regulation 3 provides that Schedule 1 to the Regulations amends the Australian Sports Drug Agency Regulations 1999.
Schedule 1 Amendments
Item 1 - Regulation 86A
Item 1 inserts regulation 86A. Regulation 86A specifies the following sporting administration bodies to which the ASDA may disclose information for the purpose of section 67BA of the Act:
(a) for information that relates to a drug or doping method included in a schedule to the Australian Sports Drug Agency Drug Testing (Scheme A) Orders 1999 - a specified sporting administration body within the meaning of those Orders;
(b) for information that relates to a drug or doping method included in a schedule to the Australian Sports Drug Agency Drug Testing (Scheme B) Orders 2000 - a specified sporting administration body within the meaning of those Orders.