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Australian sports anti-doping authority given more power to investigate

8 July 2013

As a result of the Australian Sports Anti‑Doping Authority Amendment Act 2013 (Cth)  receiving Royal Assent on June 29, the Australian Sport Anti-Doping Authority (ASADA) will now have the power to compel persons of interest in doping investigations to cooperate with the Authority or run the risk of receiving a civil penalty of $5,100 for each contravention of the Act.

Under the new provisions, "disclosure notices" issued by the CEO of ASADA will oblige specified persons to attend interviews with ASADA investigators and provide specific documents, materials and things that relate to the investigation. The Act will also enable ASADA to retain these documents and items for use as evidence in any proceedings that may transpire.

Other key amendments include:

  • Reinforcing pecuniary penalty provisions whereby individuals who fail to comply with a disclosure notice by a particular date will continue to be liable for a contravention for each day thereafter until the person cooperates with ASADA's directions.
  • Strengthening of information sharing agreements with Australia Post to assist with the identification of athletes or their associates who may be receiving illegal substances through the mail system.
  • Clarification of the role of the Anti-Doping Rule Violation Panel within the auspices of the World Anti-Doping Code.
  • Establishing cross jurisdictional uniformity in matters where a statute of limitation applies. An eight year limitation period prescribed by the Act will now take precedence over any existing State and Territory limitations laws.

 

For more information please contact:

John Mullins | Partner
Mullins Lawyers
t +61 7 3224 0210
f +61 7 3224 0333
jmullins@mullinslaw.com.au

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