National Anti-Doping Scheme Amendment Instrument 2008 (Fees and Charges) (No. 002/008)

Administered by Department of Health, Disability and Ageing

Legislation au F2008L03533 Not in force Legislative Instrument

Legislation content

 

 

This Explanatory Statement has been drafted for the purpose of fulfilling the Australian Sports Anti-Doping Authority’s (ASADA’s) obligations under section 26(1) of the Legislative Instruments Act 2003.

 

1. Purpose

 

Section 9 of the Australian Sports Anti-Doping Authority Act 2006 (the Act) provides that the regulations must prescribe a scheme about:

(a) the implementation of the Council of Europe Anti-Doping Convention;

(b) if the UNESCO Anti-Doping Convention has entered into force for Australia – the implementation of that Convention;

(c) ancillary or incidental matters.

 

Section 4 of the Act provides that the scheme prescribed for the purposes of section 9 is to be known as the National Anti-Doping (NAD) scheme. Section 19 of the Act provides that the NAD scheme may authorise ASADA and/or the Australian Sports Medical Advisory Committee (ASDMAC) to charge fees for performing functions under the NAD scheme, so long as such fees:

(a)                are not such as to amount to taxation; and

(b)                are payable to the Commonwealth.

 

Schedule 1 of the Australian Sports Anti-Doping Authority Regulations 2006 (the Regulations) prescribed the NAD scheme in accordance with section 9 of the Act.

 

This Legislative Instrument amends the NAD scheme with respect to fees that may be charged by ASADA and ASDMAC.

 

 

2. Authority for making this instrument

 

Section 10 of the Act provides that ASADA may, by legislative instrument, amend the NAD scheme so long as the amended NAD scheme is about any or all of the following matters:

 

(a) the implementation of the Council of Europe Anti-Doping Convention;

(b) if the UNESCO Anti-Doping Convention has entered into force for Australia – the implementation of that Convention;

(c) ancillary or incidental matters.

 

3.                 Background to instrument

 

Due to changes to the Code, adopted on 17 November 2007 for implementation on 1 January 2009, significant changes are being made to the NAD scheme to ensure Australia’s continued compliance with the Code and the UNESCO Anti-Doping Convention.  A number of further operational issues have been identified requiring amendments to be made.  ASADA has therefore undertaken a major review of the NAD scheme, with a separate Legislative Instrument being made to address a number of major issues.

 

This instrument is made separately to those changes because the amendments to fees do not relate to ASADA’s compliance with the Code, but rather to ASADA’s ability to meet its obligations under the Financial Management and Accountability Act 1997 to promote efficient and effective use of Commonwealth resources.

 

 

4.                 Public Consultation

 

Section 11 of the Act provides that, before making an instrument that amends the NAD scheme, ASADA must:

 

(a)                publish a draft of the instrument and invite people to make submissions on the draft; and

(b)                consider any submissions that are received within the time limit specified by ASADA when it published the draft.  The time limit must be at least 28 days after publication.

 

ASADA released an exposure draft of the revisions to the NAD scheme on 21 July 2008, with public notification of the draft amendments provided in the sports sections of the Weekend Australian, Canberra Times, Sydney Morning Herald and Age newspapers on Saturday 26 July 2008. The draft amendments were also posted on ASADA’s website. All national sporting organisations and other relevant stakeholders were advised of the proposal by direct e-mail.  The time limit for submissions was set at close of business on Monday 18 August 2008.

 

The exposure draft of the NAD scheme which was released for public consultation contained the amendment relating to fees, subject of this Instrument, along with all other amendments being made.

 

Submissions were received from five national sporting organisations, a peak body representing athletes, a state government and the Office of the Privacy Commissioner.  Only one of these submissions addressed the amendment related to fees.  This submission requested that an element of ‘reasonableness’ be introduced into the clause addressing fees, which has subsequently been done.

 

 

5.                 Details of the instrument

 

 

The previous version of the NAD scheme prescribed the fees that ASADA may charge for services. ASADA will need to adjust its fees from time to time to ensure it recovers the true costs of its services in accordance with its obligations under the Financial Management and Accountability Act 1997 (FMA Act).  The previous prescription of fees in clause 6.03 of the NAD scheme prevented ASADA from implementing updated fees in a timely way as increased costs occur.  It did not provide for the charging of fees by ASDMAC whatsoever.

 

Clause 6.03 NAD scheme is therefore amended by this Instrument to allow ASADA and ASDMAC to determine the fees that may be charged under for performance of their functions under the NAD scheme and publish a schedule of those fees from time to time.

 

 

This amendment is permitted by section 19 of the Act which does not require ASADA or ASDMAC to prescribe their fees by regulation or legislative instrument.  A requirement for fees to be reasonably related to costs or expenses incurred by ASADA or ASDMAC has been included in the amended provision.  Fees will also be subject to scrutiny through a number of mechanisms in meeting the requirements of the FMA Act and the Australian Government Cost Recovery Guidelines.

 

Upon commencement of the instrument, the fees to be charged by ASADA will be those published on its website, which will be the same as those contained in previous clause 6.03 of the NAD scheme.

Overview

The Australian Sports Anti-Doping Authority Regulations 2006 were enacted to provide a framework for the implementation of international anti-doping conventions and related matters. These regulations were introduced to ensure that Australia adheres to the Council of Europe Anti-Doping Convention and, if applicable, the UNESCO Anti-Doping Convention. They also address ancillary or incidental matters necessary for the effective administration of anti-doping in Australian sports. The Australian Sports Anti-Doping Authority Act 2006, enacted by the Australian Parliament, established the framework for these regulations, aiming to promote clean sports and ensure compliance with international standards. The policy objective of these regulations is to facilitate the efficient and effective use of Commonwealth resources while maintaining Australia's commitment to international anti-doping efforts. The amendments to the National Anti-Doping (NAD) scheme, as outlined in this legislative instrument, focus on updating the fee structure to reflect current costs and allow for timely adjustments, ensuring that the Australian Sports Anti-Doping Authority (ASADA) and the Australian Sports Drug and Medical Advisory Committee (ASDMAC) can continue to perform their functions effectively.

Scope and Application

The Australian Sports Anti-Doping Authority Act 2006 applies to the Australian Sports Anti-Doping Authority (ASADA) and the Australian Sports Medical Advisory Committee (ASDMAC), both of which are instrumental in implementing anti-doping regulations in sports within Australia. The Act outlines the legislative framework under which ASADA operates to enforce anti-doping policies and regulations, ensuring Australia's compliance with international anti-doping conventions such as the Council of Europe Anti-Doping Convention and, if applicable, the UNESCO Anti-Doping Convention. This legislation extends across the Commonwealth, impacting all sports entities and athletes operating within Australia, thereby encompassing a broad scope of industries and conduct related to sports. The Act allows for the establishment of the National Anti-Doping (NAD) scheme, which includes provisions for the charging of fees by ASADA and ASDMAC for the services they provide under the scheme. Such fees must not be considered as taxation and must be payable to the Commonwealth. The Act also mandates public consultation before any amendments to the NAD scheme are made, ensuring transparency and stakeholder engagement in the legislative process.

Key Provisions

The Australian Sports Anti-Doping Authority (ASADA) has amended the National Anti-Doping (NAD) scheme to better align with its financial management obligations and to reflect the changes in operational requirements. The changes are particularly focused on the fees that ASADA and the Australian Sports Medical Advisory Committee (ASDMAC) can charge for services rendered under the NAD scheme. Under the amended scheme, both ASADA and ASDMAC can now determine the fees for services they provide, which are to be published periodically. This allows for a more responsive and efficient fee structure that better reflects the actual costs incurred by these entities, in accordance with the Financial Management and Accountability Act 1997. The amendment, detailed in clause 6.03 of the NAD scheme, allows for these fees to be set and adjusted as necessary, ensuring that the fees are reasonably related to the costs incurred by ASADA or ASDMAC. This change was permitted under section 19 of the Australian Sports Anti-Doping Authority Act 2006, which does not require the fees to be prescribed by regulation or legislative instrument. Furthermore, the fees will be subject to scrutiny through various mechanisms to ensure compliance with the Financial Management and Accountability Act 1997 and the Australian Government Cost Recovery Guidelines. Under this amended NAD scheme, ASADA and ASDMAC are required to ensure that the fees charged are reasonably related to the costs incurred for the services provided. This requirement is intended to promote transparency and accountability in the fee-setting process. The entities must also periodically publish a schedule of these fees, making them readily accessible to the public. Additionally, the entities are subject to scrutiny through various mechanisms to ensure that the fees comply with the Financial Management and Accountability Act 1997 and the Australian Government Cost Recovery Guidelines. This includes internal audits and reviews to ensure that the fees charged are justified and reasonable. Any changes to the fee schedule must also be published to maintain transparency and allow for public feedback. The legislation does not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches of the fee-related provisions in the NAD scheme. However, any failure to comply with the requirements to ensure fees are reasonably related to costs incurred, or any failure to publish the fee schedule, could potentially lead to scrutiny and review under the Financial Management and Accountability Act 1997. Non-compliance with this Act could result in various consequences, including administrative penalties or sanctions. Additionally, if the fees are found to be unreasonable or not in line with the Australian Government Cost Recovery Guidelines, this could lead to public and governmental scrutiny, potentially impacting the funding and operations of ASADA and ASDMAC. While specific penalties are not detailed in the NAD scheme amendments, the overarching requirement for compliance with financial management laws ensures that any significant breaches could have serious implications.

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Anti-Doping Law
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Legislative Instrument
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Regulatory Standards
Fees & Charges
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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.