About ASADA: National Anti-Doping (NAD) Scheme review
Amendments to the NAD Scheme
The National Anti-Doping (NAD) Scheme, administered by ASADA, is contained in a schedule to the Australian Sports Anti-Doping Authority Regulations 2006 and contains anti-doping rules relevant to athletes, support persons and sporting administration bodies.
ASADA has recently reviewed and amended the NAD Scheme to ensure Australia’s continued compliance with the World Anti-Doping Code and the UNESCO International Convention Against Doping in Sport. The review of the NAD Scheme also addressed operational issues. As part of this review, a period of public consultation was held between July and August 2008. The legislative instruments, embodying the amendments to the NAD scheme were registered on 24 September 2008. There are two legislative instruments, the first instrument embodies the amendments addressing issues related to compliance with the WADA Code and UNESCO Convention as well as operational issues; the second instrument embodies changes to the fees charged by ASADA and ASDMAC which do not relate to ASADA’s compliance with the Code, but rather to ASADA’s ability to meet its obligations under the Financial Management and Accountability Act 1997 to promote efficient and effective use of Commonwealth resources.
Operational amendments to the NAD scheme took effect as of 25 September 2008, while transitional provisions included in the amending instrument mean that other parts – those reliant on the revised Code – will come into effect on 1 January 2009. For the latter, the relevant parts of the 2006 NAD scheme will remain in effect until the end of 31 December 2008.
In detail, from 25 September 2008 until the end of 31 December 2008, the following applies:
NAD Scheme transitional provisions
2006 NAD scheme provisions
From 25 September 2008, the 2006 NAD scheme is repealed except for the following provisions, which remain in effect until the end of 31 December 2008 when they too will be repealed:
Provision |
Content |
Clause 1(2) |
The anti-doping rules |
Clause 2A |
Application – rules applying to athletes prior to the commencement of the scheme. |
Clause 4 |
Meaning of athlete |
Clause 5 |
Meaning of ‘receiving support’ |
Clause 7 |
Meaning of ‘fails to comply with a request to provide a sample’ |
Division 2.6 |
ASADA testing and analysis investigations of athletes – anti-doping rules, rights and ASADA findings ie results management) |
Division 2.7 |
Other rights of athletes and support persons |
Division 2.8 |
Register of Findings |
2008 NAD scheme provisions (except for fees)
The following provisions of the 2008 NAD scheme are effective as of 25 September 2008:
Provision |
Content |
Clauses 1.01, 1.02 and 1.03 |
Overview, functions of ASADA and authority for ASADA to exercise certain powers |
Clause 1.05 |
Definitions |
Clause 1.07 and 1.08 |
Meaning of ‘support person’ and ‘personal interest’ |
Division 2.2 |
Sporting Administration Body rules |
Part 3 |
Testing and Investigating (People carrying out doping control functions, locating athletes, requests for samples, analysing samples, investigations). |
Division 4.4 |
Disclosure of information |
Part 5 |
ASDMAC functions |
Part 6 |
Miscellaneous (including Fees). |
2008 NAD scheme provisions
The following provisions of the 2008 NAD scheme only come into effect on 1 January 2009:
Provision |
Content |
Clause 1.04 |
Application – rules applying to athletes prior to the commencement of the scheme. |
Clause 1.06 |
Classes of athlete subject to the NAD scheme |
Clause 2.01 |
The anti-doping rules |
Division 4.1 |
Results management – adverse analytical findings |
Division 4.2 |
Results management – other anti-doping rule violations |
Division 4.3 |
Register of findings |
2008 NAD Scheme - Current Fees & Charges
The amendments allow ASADA and ASDMAC to charge fees as determined from time to time and as published on ASADA’s webiste. The current fee structure, is set out under clause 96 of the 2006 NAD Scheme.
Legislative Framework:
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This page last updated
Wednesday, December 17, 2008
Copyright © 2008, Australian Sports Anti-Doping Authority (ASADA)
