AUSTRALIA Law and Practice Contributed by: Sven Burchartz and Jessica Bell, Kalus Kenny Intelex
Kalus Kenny Intelex Level 1, 4 Riverside Quay
Southbank Melbourne Victoria 3006 Australia
Tel: +613 8825 4800 Fax: +613 9826 9909 Email: sburchartz@kkilawyers.com.au Web: www.kkilawyers.com.au
1. Regulatory 1.1 Anti-Doping Criminal Offences Relating to Doping in Australia Australia, unlike many other countries, does not have any legislation that specifically crimi - nalises doping in sport. Instead, the Australian Commonwealth and each of the states and ter - ritories have enacted legislation that criminalises certain conduct constituting a violation of the World Anti-Doping Agency’s (WADA’s) anti-dop - ing rules. By way of example: • Australia’s Commonwealth Criminal Code Act 1995 criminalises the trafficking of certain substances that also appear on the WADA’s list of substances and methods as being prohibited both in and out of competition, and in particular sports (World Anti-Doping Code Prohibited List); and • Australia’s Customs Act 1901 and Customs (Prohibited Imports) Regulations 1956 crimi - nalises the importation of certain substances that also appear on the World Anti-Doping Code Prohibited List – this type of offence is punishable by up to five years’ imprisonment and/or up to 1,000 penalty units.
Commonwealth and state and territory legisla - tion in Australia also prohibits the use or admin - istration of a substance on the World Anti-Dop - ing Code Prohibited List without an appropriate medical or therapeutic justification. Implementation of the World Anti-Doping Code in Australia Australia is a signatory to the UNESCO Interna - tional Convention against Doping in Sport, and is therefore required to implement an anti-doping scheme that is in accordance with the principles of the World Anti-Doping Code. Sport Integrity Australia – an executive agency of the Australian government that brings togeth - er the Australian Sports Anti-Doping Authority (ASADA), the National Integrity of Sport Unit (NISU) and the national integrity programmes of the Australian Sports Commission as one entity – implements the World Anti-Doping Code by way of a legislative framework that includes the Sport Integrity Australia Act 2020 and the Sport Integrity Australia Regulations 2020 (in particular, Schedule 2 – the National Anti-Doping Scheme). Sport Integrity Australia collaborates with the World Anti-Doping Agency (WADA), international
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