AUSTRALIA Law and Practice Contributed by: Sven Burchartz and Jessica Bell, Kalus Kenny Intelex
anti-doping organisations and other stakehold - ers on an ongoing basis, to ensure (by way of regular amendments) that Australia’s National Anti-Doping legislation remains consistent with the World Anti-Doping Code. The Sports Integri - ty Australia Act 2020 was most recently amend - ed in December 2020 to implement revisions to the World Anti-Doping Code. Recent Anti-Doping Case Example A recent case example in Australian sport is that of footballer Joel Smith, who was provisionally suspended in October 2023 by the Australian Football League (AFL) for testing positive for cocaine following an in-competition doping con - trol test in August 2023. Following a lengthy investigation by Sport Integ - rity Australia, in November 2024 Smith was sus - pended for four years and three months for five Anti-Doping Rule Violations: • a positive match-day test for cocaine follow - ing a game in August 2023; • trafficking or attempted trafficking of cocaine between April and September 2020; • trafficking or attempted trafficking of cocaine during July 2022; • trafficking or attempted trafficking of cocaine during September 2022; and • possession of cocaine in September 2022. The suspension means that Smith cannot play in any WADA-compliant competition until January 2028, but can return to training for the AFL in November 2027. 1.2 Integrity Match-Fixing – Legislative Measures In 2011, the Australian Commonwealth, and State and Territory Governments agreed to a National Policy on Match-Fixing in Sport (the
National Policy), in an effort to “pursue (...) a consistent approach to criminal offences, includ - ing legislation by relevant jurisdictions, in rela - tion to match-fixing that provides an effective deterrent and sufficient penalties to reflect the seriousness of offences, as provided for in Part 4.3 of the National Policy.” number of Australia’s states and territories have since enacted legisla - tive arrangements covering certain match-fixing behaviours, with penalties including a maximum of seven to ten years’ imprisonment. By way of example, Part 4ACA of the Crimes Act 1900 (NSW) criminalises conduct that is likely to affect the outcome of any type of betting on any event (that is lawful to bet on in any state, terri - tory or the Commonwealth), and which does not meet the standard of integrity that a reasonable person would expect of those in the positions that affect this outcome (ie, “corrupt conduct” ). Role of Governing Bodies Athlete misconduct, including match-fixing and/ or cheating in sport, is also dealt with and regu - lated by the relevant sporting code’s governing body, in accordance with the specific rules and the guidelines of participation in that particular sport. Often, regardless of the code or league, athlete misconduct can trigger suspension, or in more serious cases, an athlete or athletes may have their contract terminated as a result of their mis - conduct. The actions of former Australian Test Cricket captain, Tim Paine, in 2017 (which came to light in 2020) serve as a stark reminder of the con - sequences of misconduct in Australian sport. Paine was accused of sending sexually explicit and unsolicited text messages to a former Crick - et Tasmania employee. As a result, he lost the
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