House of Representatives

Explanatory Memorandum

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

SCHEDULE 1 - MAIN AMENDMENTS

Australian Sports Anti-Doping Authority Act 2006

Item 1: Title

This item amends the long title of the Act to omit the words 'the Australian Sports Anti-Doping Authority' and replace them with 'Sport Integrity Australia'.

Item 2: Section 1

This item omits ' Australian Sports Anti-Doping Authority Act 2006 ' and replaces it with ' Sport Integrity Australia Act 2019 '. This has the effect of renaming the legislation.

Item 3: Section 3

This item omits the first two paragraphs of the simplified outline of the legislation and replaces them with language that incorporates Sport Integrity Australia. It continues to confirm that the Act requires the creation of the National Anti-Doping scheme in order to give effect to Australia's international obligations.

Item 4: After Section 3

This item inserts new section 3A, providing that the object of the Act is to establish Sport Integrity Australia to prevent and address threats to sports integrity and to coordinate a national approach to matters relating to matters relating to sport integrity in Australia.

Item 5: Section 4

This item inserts new definitions for the terms 'Advisory Council', 'Advisory Council Chair' and 'Advisory Council Member'. These definitions are necessary due to the establishment of the Sport Integrity Australia Advisory Council.

Items 6-7: Section 4 (definitions)

These items repeal the definitions of ASADA and ASADA staff.

Item 8: Section 4 (definition of CEO)

This item repeals the definition of CEO and substitutes a definition that takes account of the change from ASADA to Sport Integrity Australia.

Item 9: Section 4

This item inserts a definition which provides that a matter relating to sports integrity includes a sports doping and safety matter. Without limiting what is meant by 'matter relating to sports integrity', this is intended to ensure that functions previously exercised by the CEO of ASADA in relation to 'sports doping and safety matters' can continue to be exercised by the CEO of Sport Integrity Australia.

Item 10: Section 4 (definition of sporting administration body)

This item omits 'the ASADA' and replaces it with 'Sport Integrity Australia'.

Item 11: Section 4

This item inserts a new definition of 'sports integrity' which means the manifestation of the ethics and values that promote community confidence in sport.

Item 12: Section 4

This item provides a non-exhaustive list of threats to sports integrity. This list of threats is not intended to limit what may be considered a 'threat to sports integrity', rather, this list provides content to the functions exercised by the CEO of Sport Integrity Australia.

Item 13: Section 4 (before paragraph (b) of the definition of vacancy)

This item inserts a reference to the Advisory Council into the definition of 'vacancy', so that the meaning of vacancy in section 5 will apply to an Advisory Council member.

Item 14: Before subsection 5(2)

This item inserts a clause into the Act that addresses when a vacancy occurs in the office of an Advisory Council member. This item provides that there are taken to be 10 offices of Advisory Council members in addition to the Advisory Council Chair.

Items 15-18: Various

These items omit 'the ASADA' and substitute 'Sport Integrity Australia' at paragraphs 11(1)(a), 13(1)(c), 14(2)(b) and 15(2)(b) and (c).

Item 19: Part 3

This item repeals Part 3 of the Australian Sports Anti-Doping Authority Act 2006 and replaces it with a new Part 3 that establishes Sport Integrity Australia and outlines its function.

The new Part 3 establishes that the function of Sport Integrity Australia is to assist the CEO of Sport Integrity Australia in performing the CEO's functions. Sport Integrity Australia is to consist of the CEO of Sport Integrity Australia and the Sport Integrity Australia staff.

Sport Integrity Australia is to have the privileges and immunities of the Crown in right of the Commonwealth.

Item 20: Section 20CA

This item omits the words 'functions relating to the NAD scheme and other sports doping safety matters' and substitutes 'functions relating to sports integrity matters, including threats to sports integrity.'

Item 21: Section 20CA

This item omits 'the ASADA' and substitutes 'Sport Integrity Australia.'

Item 22: Section 20D

This item repeals the existing section 20D of the ASADA Act (which established the office of the ASADA CEO) and replaces it with a provision that provides that there is to be a Chief Executive Officer of Sport Integrity Australia.

Item 23: Paragraph 21(1)(c)

This item omits 'sports doping and safety matters' and substitutes 'matters relating to sports integrity'. As discussed previously, 'sports doping and safety matters' are included in the definition of a 'matter relating to sports integrity'.

Item 24: Paragraphs 21(1)(e) to (j)

This item repeals existing functions of the CEO of ASADA and replaces them with functions related to the expanded role of the CEO of Sport Integrity Australia, to include functions performed by the National Integrity of Sport Unit in the Australian Government Department of Health, and the nationally-focussed sports integrity functions of Sport Australia.

Item 25: Subparagraph 21(1)(k)(iii)

This item omits 'relating to sports doping and safety matters' and substitutes 'in relation to matters relating to sports integrity, including threats to sports integrity.'

Item 26: Subparagraph 21(2)(a)(iii)

This item omits 'its functions in a place outside Australia' and substitutes 'the CEO's functions in relation to persons, places, matters or things outside Australia'. This has been amended to provide clarity on the exercise of the CEO's functions and is intended to provide that the CEO may exercise functions both within and outside Australia in respect of persons, places, matters or things outside Australia.

Item 27: Subparagraph 21(2)(n)(i)

This item omits 'the ASADA's' and substitutes 'Sport Integrity Australia's'.

Item 28: Subparagraph 21(2)(n)(ii)

This item omits 'ASADA' and substitutes 'Sport Integrity Australia'.

Item 29: Subsection 24J(1)

This item repeals the subsection and substitutes a clause that permits the Minister to terminate the appointment of the CEO of Sport Integrity Australia for misbehaviour or if the CEO is unable to perform their duties due to physical or mental incapacity.

Item 30: Division 4 of Part 3A (heading)

This item repeals the heading and substitutes reference to the staff of Sport Integrity Australia.

Item 31: Subsection 24L(1)

This item omits 'the ASADA' and substitutes 'Sport Integrity Australia'.

Item 32: Paragraph 24L(2)(a)

This item omits 'ASADA' and substitutes 'Sport Integrity Australia'.

Item 33: Paragraph 24M(b)

This item repeals the paragraph and replaces it with reference to the CEO being able to be assisted by officers or employees of a State or Territory as well as officers or employees of bodies or organisations of the Commonwealth, a State or Territory.

Item 34: End of Division 4 of Part 3A

This item adds section 24MA that allows the CEO of Sport Integrity Australia to, on behalf of the Commonwealth, engage consultants to assist in the performance of the CEO's functions.

Items 35: Paragraph 24N(1)(a)

Item 36: -Subsections 24N(3A) and (3B)

These tems omit 'ASADA' and substitute 'Sport Integrity Australia' at paragraph 24N(1)(a) and subsections 24N(3A) and (3B).

Item 37: After Part 3A

This item inserts Part 4 - Sport Integrity Advisory Council into the Act.

Division 1 - Simplified Outline of this Part

This outline establishes the intention of the Part and outlines in brief the functions of the Advisory Council.

Division 2 - Establishment and functions of the Sport Integrity Australia Advisory Council

This Division establishes the Sport Integrity Australia Advisory Council and provides that its functions are to provide advice to the CEO of Sport Integrity Australia and to the responsible Minister.

The Advisory Council may provide advice to the CEO at the request of the CEO or on its own initiative. The Advisory Council may provide advice to the Minister on request of the Minister.

The Advisory Council is limited to providing advice on strategic matters only, and the advice must not relate to a particular individual or particular investigation.

These limitations have been included to ensure compliance with any World Anti-Doping Code requirements, including the requirement that the government will respect the autonomy of a National Anti-Doping Organisation in its county and not interfere with its operational decisions and activities.

The CEO of Sport Integrity Australia is not intended in any way to be bound by, or to be required to follow or comply with, any advice provided by the Advisory Council. It is intended that the CEO will make any operational decisions independently and free from interference by government.

Division 3 - Membership of the Advisory Council

This Division provides that the Advisory Council consists of a Chair and at least 6, and not more than 10, other members. Advisory Council members are to be appointed by the Minister on a part-time basis for a period not exceeding three years. The Division further outlines the Minister must be satisfied a person has substantial experience or knowledge in an appropriate field of expertise in order to appoint them to the Advisory Council. Members of the Advisory Council are not officials under the Public Governance, Performance and Accountability Act 2013.

The Division includes provisions to account for acting appointments, remuneration and allowances, leave of absence, disclosure of interests to the Minister, resignation, termination of appointment, and the authority of the Minister to determine any other conditions of employment in writing.

Division 4 - Ministerial directions

This Division provides for the Minister to give a direction to the Advisory Council, in writing, about the way in which the Advisory Council is to carry out its functions. The Minister is also able to give a written direction to the Advisory Council about the procedures to be followed in relation to meetings of the Advisory Council.

Nothing in this Division is intended to override the restrictions at subsection 27(2) of the Sport Integrity Australia Act 2019 which prevent the Advisory Council from giving advice in relation to a particular individual or particular investigation. It is not intended that the Minister be able to give a direction which is contrary to those restrictions.

Subsection 37(3) provides that directions made under Section 37 are not legislative instruments within the meaning of subsection 8(1) of the Legislation Act 2003 . This is merely declaratory of the law rather than an express exemption from the Legislation Act 2003 and has been simply included to assist readers.

Item 38: Subparagraph 50F(d)(ii)

This item omits 'ASADA' and substitutes 'Sport Integrity Australia'.

Item 39: Subparagraph 50F(d)(v)

This item omits "and" from the subparagraph to allow for the inclusion of an additional subparagraph.

Item 40: End of paragraph 50F(d)

This item includes any consultants engaged by the CEO under section 24MA as being an official of the listed entity.

Item 41: Subparagraph 50F(e)(i)

This item omits 'the ASADA referred to in section 20B' and substitutes 'Sport Integrity Australia referred to in section 20C'.

Item 42: Section 67A

This item omits 'a member of the ASADA staff' and substitutes 'a member of the Sport Integrity Australia staff'.

Item 43: Section 67A

This item omits 'for the purposes of the ASADA' and substitutes 'for the purpose of Sport Integrity Australia'.

Item 44: After paragraph 68B(3)(f)

This item inserts new paragraph 68B(3)(fa), to provide that the CEO may authorise the disclosure of protected information to a sporting administration body, for the purposes of that body.

Item 45: Section 68E(c)

This item omits 'the ASADA' and substitutes 'Sport Integrity Australia'.

Item 46: Paragraph 69(b)

This item omits 'ASADA' and substitutes 'Sport Integrity Australia'.

Item 47: After paragraph 69(b)

This item inserts reference to an Advisory Council member as being an entrusted person. This has the consequence that an Advisory Council member is subject to the secrecy provision in s 67 of the Act.

Item 48: After paragraph 69(e)

This item inserts reference to a consultant engaged under section 24MA as being an entrusted person.

Item 49: Paragraph 73B(4)(a)

This item omits the reference to ASADA and substitutes 'Sport Integrity Australia'.

Item -50: After section 74

This item inserts new section 75, which provides that the CEO of Sport Integrity Australia may request information or documents from any person or body about matters relating to sports integrity. New subsection 75(2) creates a statutory authorisation for the purposes of the Privacy Act, by providing that the giving of information or documents in response to a request by the CEO, and the collection of that information, is taken to be authorised by the Sport Integrity Australia Act.

Item 51: Paragraph 78(1)(b)

This item omits 'ASADA' and substitutes 'Sport Integrity Australia' at paragraph 78(1)(b).

Item 52: After paragraph 78(1)(c)

This item includes a consultant engaged under section 24MA in the protections from civil proceedings provision of the Act.

Item 53: After subsection 78(1)

This item includes an Advisory Council member in the protections from civil proceedings provision of the Act.

Item 54: Paragraphs 78(4)(a) to (d)

This item omits 'the ASADA' and substitutes 'Sport Integrity Australia'.