House of Representatives

Explanatory Memorandum

(Circulated by authority of the Minister for Youth and Sport, Senator the Hon Richard Colbeck)

Notes on Clauses

Clause 1: Short title

This clause provides that the Bill, once enacted, may be cited as the Australian Sports Anti-Doping Authority Amendment (Sport Integrity Australia) Act 2019.

Clause 2: Commencement

This clause (Table items 1 and 2) provides for the commencement of the whole of the Act on the later of the day after the Act receives the Royal Assent, or 1 July 2020.

Table items 3 and 4 set out commencement provisions for the contingent amendments in Parts 1 and 2 of Schedule 3 to the Bill. These amendments in Part 1 of Sch 3 will not commence unless Part 1 of Schedule 1 to the Australian Sports Anti-Doping Authority Amendments (Enhancing Australia's Anti-Doping Capability) Act 2019 (Enhancing Capability Act) commences on or before the day those amendments commence. The amendments in Part 2 of Schedule 3 would not commence at all unless Part 1 of Schedule 1 to the Enhancing Capability Act has already commenced.

Clause 3: Schedule(s)

This clause provides that each Act specified in a Schedule to the Bill is amended or repealed as set out in the applicable items in the Schedule concerned and any other item has effect according to its terms. This is a technical provision that gives operational effect to amendments contained in the Schedules. Schedule 1 amends the Australian Sports Anti-Doping Authority Act 2006.

Schedule 2 amends the Privacy Act 1988, Freedom of Information Act 1982, Australian Sports Commission Act 1989, Age Discrimination Act 2004, Australian Border Force Act 2015, Australian Postal Corporation Act 1989, the National Sports Tribunal Act 2019 and Olympic Insignia Protection Act 1987.

Schedule 3 provides for transitional and consequential amendments to address the abolition of ASADA and establishment of Sport Integrity Australia.

The amendments in Parts 1 and 2 of Schedule 3 are expressed to be contingent, as they have been drafted to take account of various scenarios concerning the commencement of the Enhancing Capability Act. Relevantly, the Enhancing Capability Bill will amend the ASADA Act to abolish the Anti-Doping Rule Violation Panel (ADRVP). The amendments in Part 1 of Schedule 3 are drafted on the basis that the amendments abolishing the ADRVP have not commenced. In this scenario, the amendments to s 50F of the ASADA Act will have the effect that Sport Integrity Australia and the ADRVP together are a listed entity for the purposes of the finance law, known as Sport Integrity Australia.

The amendments in Part 2 of Schedule 3 are drafted on the basis that the amendments abolishing the ADRVP have commenced, and it is no longer mentioned in s 50F of the ASADA Act. The amendments proposed by the Schedule will consequentially replace all references to 'the Australian Sports Anti-Doping Authority' in s 50F with references to 'Sport Integrity Australia'.

Schedule 4 to the Bill sets out saving and transitional provisions following on from the abolition of ASADA and the establishment of Sport Integrity Australia.