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Sports Drug Testing Amendment Bill 2006
Sports Drug Testing Amendment Bill 2006
Clauses and Explanatory Notes
Introduction
The Australian Sports Drug Agency Act 1990 established the Australian
Sports Drug Agency to provide drug testing and educational services for
national level athletes. The Act did not directly enable the Agency to test
State level athletes, but provided for State legislation to confer powers to
the Commonwealth allowing testing of State athletes under contracts
between States and the Agency.
Queensland's Sports Drug Testing Act 2003 (SDT Act) conferred these
powers and testing of State level athletes has since been conducted under
contract, to ensure a satisfactory level of services to sports in Queensland.
This testing has been a core component of Queensland's Drug-Free Sport
program.
In recent years there has been progress towards harmonisation of anti-
doping practices internationally. The Commonwealth Government adopted
the World Anti-Doping Code in March 2003 and ratified the United Nations
Educational, Scientific and Cultural Organisation's International
Convention Against Doping in Sport (the Convention) in January 2006.
Signatories to the Convention are required to determine the most
appropriate method of implementing the Code within their jurisdictions.
In March 2006, the Commonwealth passed the Australian Sports Anti-
Doping Authority Act 2006 (the ASADA Act). The ASADA Act
established the Australian Sports Anti-Doping Authority (ASADA) which
incorporates the prior role of the Australian Sports Drug Agency with
wider powers and functions. The ASADA Act brings the Commonwealth
legislation into alignment with its commitments under the Convention.
Since development of the ASADA Act, the Department of Local
Government, Planning, Sport and Recreation (DLGPSR) has been
reviewing the SDT Act with respect to its role and consistency with the
new Commonwealth legislation.
Short Title of the Bill
The short title of the Bill is the Sports Drug Testing Amendment Bill 2006.
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Sports Drug Testing Amendment Bill 2006
Objectives of the Bill
The policy objectives of the Bill are to align the State's sports drug testing
legislation to new Commonwealth legislation and Australia's commitment
to the World Anti-Doping Code.
By aligning the State's sports drug testing legislation to the
Commonwealth's ASADA Act, the Bill aims to maintain a strong stance
against doping in sport.
Policy rationale
Amendments to the SDT Act are required to facilitate the Government's
objective of ensuring a level of targeted services are provided to the
industry in Queensland in partnership with State sporting organisations.
How objectives are achieved
Passage of the Bill will achieve the State's anti-doping objectives by
retaining a strong statement against doping in sport on terms consistent
with the new Commonwealth legislation.
Alternative method of achieving the policy objectives
There is no alternative to amending the SDT Act that will meet the
Government's anti-doping objectives.
Estimated cost for Government implementation
The Bill will have no new or additional cost implications for Government.
Drug testing currently funded by the State will continue to be funded under
a new agreement with the Commonwealth.
Consistency with Fundamental Legislative Principles
The Bill has been drafted with regard to fundamental legislative principles
as defined in section 4 of the Legislative Standards Act 1992.
Consultation
Consultation on the amendments has been undertaken with all Departments
prior to gaining Authority to Prepare and subsequently with the
Department of the Premier and Cabinet and the Office of the Queensland
Parliamentary Counsel.
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Sports Drug Testing Amendment Bill 2006
Queensland's key industry stakeholders (State sporting organisations and
the Sports Federation of Queensland) have been advised of the Bill.
Clause 1--Short title
Clause 1 provides that the short title of this Act is the Sports Drug Testing
Amendment Act 2006.
Clause 2--Act amended
Clause 2 provides that this Act amends the Sports Drug Testing Act 2003.
Clause 3--Amendment of long title
Clause 3 amends the long title of the Act to ensure consistency with the
Commonwealth legislation. The new Commonwealth legislation reflects
the terminology of the Convention and the World Anti-Doping Code and
replaces the Australian Sports Drug Agency with ASADA. Changes in
terminology include use of the term `athlete' rather than `competitor'.
Clause 4--Amendment of s 1 (Short title)
Clause 4 replaces the term `Drug Testing' in the short title of the Act, with
`Anti-Doping', reflecting the terminology of the new Commonwealth
legislation and the broader scope of services available through ASADA.
Clause 5--Amendment of s 3 (Objects of Act)
Clause 5 amends section 3 of the Act to reflect the terminology of the new
Commonwealth legislation. The clause also amends section 3 (2) to
provide for the State to enter into agreements with the Commonwealth
under which anti-doping testing services and educational services about
doping in sport are now provided to State athletes by the ASADA.
Clause 6--Amendment of s 6 (References in Commonwealth
Act)
Clause 6 removes the current section 6 from the Act. This section has
become redundant under the broader scope of the Commonwealth
legislation.
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Sports Drug Testing Amendment Bill 2006
Clause 7--Replacement of Part 3 - Agreement about matters
relating to State athletes
Clause 7 removes Part 3 of the Act and replaces it with a new Part 3. The
new Part 3 contains a new section 6 - Agreement between State and
Commonwealth, providing for agreements between the State and
Commonwealth under which anti-doping testing services and educational
services about doping in sport are provided to State athletes by the
ASADA.
Clause 8--Amendment of s 11 (State competitors under 18
years)
Clause 8 amends section 11 of the Act to reflect the new powers of
ASADA under the new Commonwealth legislation to test State athletes
under 18 years, and renumbers section 11 as section 7.
Clause 9--Amendment of s 12 (Regulation-making power)
Clause 9 renumbers section 12 as section 8.
Clause 10--Amendment of schedule (Dictionary)
Clause 10 amends terminology in the dictionary to reflect the terminology
of the new Commonwealth legislation and the broader scope of services
available through ASADA.
© State of Queensland 2006