Australian Sports Anti-Doping Authority Amendment (Sport Integrity Australia) Act 2020 (11 of 2020)
Schedule 1 Main amendments
Australian Sports Anti-Doping Authority Act 2006
37 After Part 3A
Insert:
Part 4 - Sport Integrity Australia Advisory Council
Division 1 - Simplified outline of this Part
25 Simplified outline of this Part
This Part establishes the Sport Integrity Australia Advisory Council.
The Advisory Council's functions are to:
(a) advise the CEO in relation to the CEO's functions or to Sport Integrity Australia's function; and
(b) advise the Minister about the operations of Sport Integrity Australia or the performance of the CEO's functions.
Division 2 - Establishment and functions of the Sport Integrity Australia Advisory Council
26 Establishment of the Sport Integrity Australia Advisory Council
The Sport Integrity Australia Advisory Council is established by this section.
27 Functions of the Advisory Council
(1) The functions of the Advisory Council are:
(a) on its own initiative or at the request of the CEO, to provide advice to the CEO in relation to the CEO's functions; and
(b) on its own initiative, to provide advice to the CEO in relation to Sport Integrity Australia's function; and
(c) at the request of the Minister, to provide advice to the Minister about matters arising in relation to the operations of Sport Integrity Australia or to the performance of the CEO's functions.
(2) The advice:
(a) must be strategic advice only; and
(b) must not relate to a particular individual or particular investigation.
Division 3 - Membership of the Advisory Council
28 Membership of the Advisory Council
The Advisory Council consists of the following members:
(a) a Chair;
(b) at least 6, and not more than 10, other members.
29 Appointment of Advisory Council members
(1) Each Advisory Council member is to be appointed by the Minister by written instrument, on a part-time basis.
Note: An Advisory Council membermay be reappointed: see section 33AA of the Acts Interpretation Act 1901.
(2) An Advisory Council member holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.
(3) The Minister must not appoint a person as an Advisory Council member unless the Minister is satisfied that the person has substantial experience or knowledge in at least one of the following fields:
(a) sports administration and participation;
(b) sports law;
(c) intelligence and information gathering;
(d) law enforcement;
(e) anti-doping;
(f) high performance sport;
(g) athlete physical or mental health or well-being;
(h) harassment and discrimination prevention;
(i) child protection;
(j) formulation of government policy and public administration;
(k) education and learning;
(l) arbitration, mediation or other dispute resolution;
(m) any other appropriate field of expertise.
(4) The CEO is not eligible for appointment as an Advisory Council member.
30 Acting appointments
Advisory Council Chair
(1) The Minister may appoint a person (except the CEO) to act as the Advisory Council Chair:
(a) during a vacancy in the office of the Advisory Council Chair (whether or not an appointment has previously been made to the office); or
(b) during any period, or during all periods, when the Advisory Council Chair:
(i) is absent from duty or from Australia; or
(ii) is, for any reason, unable to perform the duties of the office.
Other Advisory Council members
(2) The Minister may appoint a person (except the CEO) to act as an Advisory Council member (other than the Advisory Council Chair):
(a) during a vacancy in the office of an Advisory Council member (other than the Advisory Council Chair), whether or not an appointment has previously been made to the office; or
(b) during any period, or during all periods, when an Advisory Council member (other than the Advisory Council Chair):
(i) is absent from duty or from Australia; or
(ii) is, for any reason, unable to perform the duties of the office.
Eligibility
(3) A person is not eligible for appointment under subsection (1) or (2) unless the person is eligible for appointment as an Advisory Council member.
Note 1: For eligibility to be appointed as an Advisory Council member, see subsection 29(3).
Note 2: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.
31 Remuneration and allowances
(1) An Advisory Council member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by that Tribunal is in operation, an Advisory Council member is to be paid the remuneration that is prescribed by an instrument under subsection (4).
(2) An Advisory Council member is to be paid the allowances that are prescribed by an instrument under subsection (4).
(3) This section has effect subject to the Remuneration Tribunal Act 1973.
(4) The Minister may, by legislative instrument, prescribe:
(a) remuneration for the purposes of subsection (1); and
(b) allowances for the purposes of subsection (2).
32 Leave of absence
(1) The Minister may grant leave of absence to the Advisory Council Chair on the terms and conditions that the Minister determines.
(2) The Advisory Council Chair may grant leave of absence to another Advisory Council member on the terms and conditions that the Chair determines.
33 Disclosure of interests to the Minister
An Advisory Council member must give written notice to the Minister of all interests, pecuniary or otherwise, that the member has or acquires and that conflict or could conflict with the proper performance of the member's duties.
34 Resignation
(1) An Advisory Council member may resign the member's appointment by giving the Minister a written resignation.
(2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.
35 Termination of appointment
(1) The Minister may terminate the appointment of an Advisory Council member:
(a) for misbehaviour; or
(b) if the Advisory Council member is unable to perform the duties of the office because of physical or mental incapacity.
(2) The Minister may terminate the appointment of an Advisory Council member if:
(a) the Advisory Council member:
(i) becomes bankrupt; or
(ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(iii) compounds with the member's creditors; or
(iv) makes an assignment of the member's remuneration for the benefit of the member's creditors; or
(b) the Advisory Council member is absent, except on leave of absence, from 3 consecutive meetings of the Advisory Council; or
(c) the Advisory Council member fails, without reasonable excuse, to comply with section 33 (which deals with the disclosure of interests).
36 Other terms and conditions
An Advisory Council member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined, in writing, by the Minister.
Division 4 - Ministerial directions
37 Directions
(1) The Minister may give the Advisory Council written directions about either or both of the following:
(a) the way in which the Advisory Council is to carry out its functions;
(b) the procedures to be followed in relation to meetings of the Advisory Council.
(2) The Advisory Council must comply with a direction under subsection (1).
(3) A direction under subsection (1) is not a legislative instrument.