EXPLANATORY STATEMENT

Defence (Prohibited Substances) Determination 2021

Part VIIIA of the Defence Act 1903 (the Act) provides for a comprehensive regime for the drug testing of the Australian Defence Force (ADF).

Subsection 93B(1) of the Act provides that the Chief of the Defence Force may determine by legislative instrument that a substance, or a substance included in a class of substances, is a prohibited substance for the purpose of Part VIIIA of the Act.

The purpose of this Determination is to update the types of substances for which members of the ADF may be tested.

Section 1 of this Determination sets out the manner in which this Determination may be cited.

Section 2 provides that this instrument commences on the day after registration.

Section 3 provides that this instrument has authority under subsection 93B(1) of the Defence Act 1903.

Section 4 provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Section 5 provides the Definitions in this instrument. Specifically the incorporation of the following documents:

• The World Anti-Doping Code International Standard Prohibited List 2021 as in force at 1 January 2021 and freely accessible at the World Anti-Doping Agency website www.wada-ama.org.
• The Poisons Standard June 2021 as in force at 1 June 2021and freely accessible at the Federal Register of Legislation-Australian Government website www.legislation.gov.au.

Section 6 determines the prohibited substances for the purpose of prohibited substance testing.

Schedule 1—Repeals

Section 1 repeals Defence Determination (Prohibited Substances) 2019.

Consultation

Before this Determination was made, consultation was undertaken with Director Military Personnel Policy, Director Navy Recruiting, Retention and Transition, Chief of Staff Career Management – Army, Director Personnel Policy – Air Force and Office of the General Counsel - Defence Legal. The rule maker was satisfied that further external consultation was not required.

Authority:  Subsection 93B(1) of
the Defence Act 1903

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Defence (Prohibited Substances) Determination 2021

This Determination is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Determination

The purpose of this Determination is to revise the types of substances for which members of the ADF may be tested.

Conclusion

This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 as it does not engage any human rights.

Angus J Campbell, General, Chief of the Defence Force