Appendix F:
The functions, powers and delegations of ASADA in accordance with the ASADA Act

Section 21 – functions:

  1. such functions as are conferred on the ASADA by Part 2;
  2. such functions as are conferred on the ASADA by the NAD scheme;
  3. to advise the ASC about sports drug and safety matters that should be included in any agreement under which the ASC gives money to a sporting organisation;
  4. to advise the ASC about recognising a sporting organisation as being responsible for administering the affairs of a sport, or of a substantial part or section of a sport, in Australia;
  5. to support, encourage, develop and implement initiatives that increase the skills and knowledge of people involved in sporting activities about sports drug and safety matters;
  6. to support and encourage the sporting community to develop and implement comprehensive programs, and education initiatives, about sports drug and safety matters;
  7. to support, encourage and conduct research about sports drug and safety matters;
  8. to collect, analyse, interpret and disseminate information about sports drug and safety matters;
  9. to encourage the development of ways for the States and Territories, and sporting organisations, to carry out initiatives about sports drug and safety matters;
  10. to cooperate with the States and Territories, and with sporting organisations, to carry out initiatives about sports drug and safety matters;
  11. to provide the following services under contract on behalf of the Commonwealth:
    1. anti-doping testing services;
    2. safety checking services;
    3. other services (including information technology services) relating to sports drug and safety matters;
  12. to make resources and facilities (including secretariat services and clerical assistance) available to the ASDMAC for the purposes of enabling the ASDMAC to perform its functions;
  13. such other functions as are conferred on the ASADA by this Act or any other law of the Commonwealth;
  14. to advise the Minister about matters relating to any of the above functions;
  15. to do anything incidental to or conducive to the performance of any of the above functions.

Note: For sports drug and safety matter, see section 4 of the ASADA Act.

Section 22 – powers:

  1. The ASADA has power to do all things necessary or convenient to be done for or in connectionwith the performance of its functions, other than the power:
    1. to acquire, hold and dispose of real and personal property; or
    2. to enter into contracts; or
    3. to lease the whole or any part of any land or building for the purposes of the ASADA.

Section 47 – delegations:

  1. The ASADA may, by writing, delegate any or all of its functions and powers to:
    1. an ASADA member; or
    2. a committee consisting of 2 or more ASADA members; or
    3. a member of the ASADA staff; or
    4. an individual whose services are made available to the ASADA under section 50; or
    5. an individual appointed as a chaperone, or as a drug testing official, under the NAD scheme.
  2. Subsection (1) does not apply to the power to make an instrument amending the NAD scheme.
  3. Paragraphs (1)(a), (c), (d) and (e) do not apply to a function or power conferred by the NAD scheme if the function or power is declared by the NAD scheme to be a function or power that can only be delegated to a committee consisting of 2 or more ASADA members.
  4. Paragraph (1)(e) does not apply to a function or power unless it is conferred by the NAD scheme.
  5. A delegate must comply with any written directions of the ASADA.
  6. The ASADA must cause to be kept written records of a decision of a committee consisting of 2 or more ASADA members if:
    1. the committee has been delegated a function or power under paragraph (1)(b); and
    2. the decision relates to the delegated function or power.
  7. A record kept under subsection (6) is prima facie evidence that the decision was duly made as recorded if the record is signed by an ASADA member who was a member of the committee at the time when the decision was made.
  8. A record kept under subsection (6) is not a legislative instrument.

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