Explanatory Memorandum
(Circulated by authority of the Minister for Youth and Sport, Senator the Hon Richard Colbeck)SCHEDULE 4 - SAVING AND TRANSITIONAL PROVISIONS
Item 1: Transfer of appropriated money
This item provides that, for the purposes of an Appropriation Act, any reference to ASADA is to be read as a reference to Sport Integrity Australia.
Item 2: Transitional - Legal proceedings involving the CEO of the Australian Sports Anti-Doping Authority
This item is a transitional provision that provides that any legal proceedings involving the CEO of the Australian Sports Anti-Doping Authority prior to the commencement of the amending legislation is taken to be a proceeding in which the CEO of Sport Integrity Australia is substituted in for the CEO of the Australian Sports Anti-Doping Authority.
Item 3: Things done by, or in relation to, the CEO of the Australian Sports Anti-Doping Authority
This item is a transitional provision that provides that any thing done by, or in relation to, the CEO of ASADA for the purposes of the Australian Sports Anti-Doping Authority Act 2006 (and legislative instruments made under that Act) has the effect that, after commencement of the amending legislation, it was done by, or in relation to, the CEO of Sport Integrity Australia.
Item 4: Transfer of records
This item provides that any records or documents in the possession of the Australian Sports Anti-Doping Authority are to be transferred to the CEO of Sport Integrity Australia.
Item 5: Protected Information
This item provides that Part 8 of the Australian Sports Anti-Doping Authority Act 2006 continues in effect in respect of a person connected with ASADA as identified in item 5(1) and that any information that was protected information immediately prior to the commencement of this Item is taken to be protected information for the purposes of the Sport Integrity Australia Act 2019.
Item 6: Protection from civil actions
This item provides that subsection 78(1) of the Australian Sports Anti-Doping Authority Act 2006 continues to apply in respect of any act done or omitted prior to the commencement of this item by the CEO of the Australian Sports Anti-Doping Authority, a member of staff of the Australian Anti-Doping Authority or an individual whose services were made available to the CEO under section 24M of the Australian Sports Anti-Doping Authority Act 2006.
This item further provides that any publication or disclosure made in good faith prior to the commencement of this item continues to be covered by subsection 78(3) of the Australian Sports Anti-Doping Authority Act 2006.
This item also provides that subsection 78(4) of the Australian Sports Anti-Doping Authority Act 2006 continues to apply to the making of any statement or the giving of a document or information to the Australian Sports Anti-Doping Authority or CEO of the Australian Sports Anti-Doping Authority at any time prior to this item commencing.
Item 7: References to the CEO of the Australian Sports Anti-Doping Authority etc. in instruments
This item provides that where an instrument in force immediately before the commencement of this item contains a reference to either the CEO of the Australian Sports Anti-Doping Authority or to the Australian Sports Anti-Doping Authority then that instrument has effect upon commence of this item as referring to the CEO of Sport Integrity Australia or Sport Integrity Australia (as appropriate).
Item 8: Rules
This item authorises the Minister to make rules, by legislative instrument, prescribing matters required to give effect to the legislation. This includes rules of a transitional nature relating to the amendments made by the Bill, or its enactment.