Explanatory Memorandum
(Circulated by authority of the Minister for Youth and Sport, Senator the Hon Richard Colbeck)SCHEDULE 2 - CONSEQUENTIAL AMENDMENTS
Age Discrimination Act 2004
Item 1: Schedule 1 (table item 32A)
This item omits reference to the Australian Sports Anti-Doping Authority Act 2006 and replaces it with reference to the Sport Integrity Australia Act 2019.
Australian Border Force Act 2015
Item 2: Paragraph 46(m)
This item omits reference to the Australian Sports Anti-Doping Authority Act 2006 and replaces it with reference to the Sport Integrity Australia Act 2019.
Australian Postal Corporation Act 1989
Item 3: Subsection 90J(12) (heading)
This item repeals the heading and substitutes ' Disclosure to Sport Integrity Australia '.
Item 4: Subsection 90J(12)
This item omits reference to the Australian Sports Anti-Doping Authority and Australian Sports Anti-Doping Authority Act 2006 and replaces it with reference to Sport Integrity Australia and the Sport Integrity Australia Act 2019 .
Australian Sports Commission Act 1989
Item 5: Subsection 7(4)
This item inserts "subsection (4A) and" after "Subject to" in subsection 7(4). This is intended to, along with other changes, ensure that the Commission will not exercise functions that overlap with the functions of the CEO of Sport Integrity Australia.
Item 6: Subsection 7(4A)
This item, in conjunction with item 7, amends subsection 7(4A) to provide that functions of the Commission may only be performed to the extent that they do not overlap with any functions of the CEO of Sport Integrity Australia.
Items 7 -12: Various
These items remove reference to the Australian Sports Anti-Doping Authority and replace them with Sport Integrity Australia at the following sections, subsections and paragraphs:
- •
- Subsection 7(4A);
- •
- Section 57A (heading);
- •
- Subsection 57A(1); and
- •
- Paragraph 57A(1)(b).
It further removes reference to the Australian Sports Anti-Doping Authority Act 2006 and replaces it with the Sport Integrity Australia Act 2019 at the following paragraph and subsection:
- •
- Paragraph 57A(1)(a); and
- •
- Subsection 57A(2).
Freedom of Information Act 1982
Item 13: Schedule 3
This item amends Schedule 3 of the Freedom of Information Act 1982 to include the secrecy provision at section 67 of the Sport Integrity Australia Act 2019.
National Sports Tribunal Act 2019
Item 14: Subsection 5(1) definition of ASADA CEO
Item 15: Subsection 5(1)
Item 16: Paragraphs 22(1)(a), (2)(a) and (f) and (3)(c)
Item 17: Paragraph 31(2)(c)
Item 18: Subsections 32(1) and (2)
Item 19: Paragraph 32(4)(c)
Item 20: Subsections 33(1) and (2)
Item 21: Paragraph 33(4)(c)
These items amend the National Sports Tribunal Act 2019 to replace the definition of 'ASADA CEO' with 'Sport Integrity Australia CEO', and to replace references to the 'ASADA CEO' throughout the Act with references to the Sport Integrity Australia CEO.
Olympic Insignia Protection Act 1987
Item 22: Section 23 (definition of a national sporting organisation )
This item omits the 'Australian Sports Anti-Doping Authority Act 2006' and replaces it with the Sport Integrity Australia and the 'Sport Integrity Australia Act 2019'.
Privacy Act 1988
Item 23: Subsection 6(1) (after paragraph (b) of the definition of enforcement body)
This item includes Sport Integrity Australia in the Privacy Act 1988 definition of an enforcement body.
This has the effect of allowing Sport Integrity Australia to receive information from other Commonwealth entities as well as State and Territory bodies where that information is necessary for an enforcement related activity undertaken by Sport Integrity Australia. This amendment will further facilitate the information flow from Sport Integrity Australia to other agencies as well.
It is the intention that by listing Sport Integrity Australia as an enforcement body that the investigation of possible breaches of the anti-doping rules by the CEO of Sport Integrity Australia is considered to be an 'enforcement related activity' and is integral to the efficient and effective exercising of the CEO's functions.