Commonwealth Consolidated Acts Commonwealth Consolidated ActsAustralian Sports Anti - Doping Authority Act 2006
1 Section 4 (definition of civil penalty order )
Repeal the definition.
2 Section 4 (definition of civil penalty provision )
Repeal the definition, substitute:
"civil penalty provision" has the same meaning as in the Regulatory Powers Act.
3 Section 4
Repeal the following definitions:
(a) definition of conduct ;
(b) definition of evidential burden .
4 Section 4
Insert:
"Regulatory Powers Act" means the Regulatory Powers (Standard Provisions) Act 2014 .
5 Section 4 (definition of relevant court )
Repeal the definition.
6 Subsection 13C(2) (note)
Repeal the note, substitute:
Note: A person bears an evidential burden in relation to a matter in subsection ( 2) (see section 96 of the Regulatory Powers Act).
7 Part 8A
Repeal the Part, substitute:
Part 8A -- Civil penalty provisions
71 Simplified outline of this Part
This Part applies the Regulatory Powers Act to enable the CEO to enforce civil penalty provisions. Orders may be sought from a court in relation to contraventions of such provisions.
Enforceable civil penalty provisions
(1) Each civil penalty provision of this Act is enforceable under Part 4 of the Regulatory Powers Act.
Note: Part 4 of the Regulatory Powers Act allows a civil penalty provision to be enforced by obtaining an order for a person to pay a pecuniary penalty for the contravention of the provision.
Authorised applicant
(2) For the purposes of Part 4 of the Regulatory Powers Act, the CEO, on behalf of the Commonwealth, is an authorised applicant in relation to the civil penalty provisions of this Act.
Relevant court
(3) For the purposes of Part 4 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the civil penalty provisions of this Act:
(a) the Federal Court of Australia;
(b) the Federal Circuit Court of Australia;
(c) a court of a State or Territory that has jurisdiction in relation to matters arising under this Act.
Extension to external Territories
(4) Part 4 of the Regulatory Powers Act, as that Part applies in relation to the civil penalty provisions of this Act, extends to every external Territory.
Part 8B -- Infringement notices
73A Simplified outline of this Part
This Part applies the Regulatory Powers Act to enable the CEO to issue an infringement notice in relation to the alleged contravention of a civil penalty provision.
Provisions subject to an infringement notice
(1) A civil penalty provision of this Act is subject to an infringement notice under Part 5 of the Regulatory Powers Act.
Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.
Infringement officer
(2) For the purposes of Part 5 of the Regulatory Powers Act, each of the following persons is an infringement officer in relation to the provisions mentioned in subsection ( 1):
(a) the CEO;
(b) a person authorised by the CEO for the purposes of this paragraph.
Relevant chief executive
(3) For the purposes of Part 5 of the Regulatory Powers Act, the CEO is the relevant chief executive in relation to the provisions mentioned in subsection ( 1).
(4) The CEO may, in writing, delegate the CEO's powers and functions under Part 5 of the Regulatory Powers Act as the relevant chief executive in relation to the provisions mentioned in subsection ( 1) to:
(a) a member of the ASADA staff; or
(b) an individual whose services are made available to the CEO under section 24M.
(5) A delegate must comply with any written directions of the CEO.
Extension to external Territories
(6) Part 5 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection ( 1), extends to every external Territory.
8 Section 80
Repeal the section.
Part 2 -- Application and saving provisions
9 Application and saving provision--civil penalties
(1) Part 4 of the Regulatory Powers (Standard Provisions) Act 2014 , as that Part applies under Part 8A of the Australian Sports Anti - Doping Authority Act 2006 , applies in relation to contraventions of civil penalty provisions occurring on or after the commencement of this Schedule.
(2) Part 8A of the Australian Sports Anti - Doping Authority Act 2006 , as in force immediately before the commencement of this Schedule, continues to apply on and after that commencement in relation to contraventions of civil penalty provisions occurring before the commencement of this Schedule.
10 Application and saving provision--infringement notices
(1) Part 5 of the Regulatory Powers (Standard Provisions) Act 2014 , as that Part applies under Part 8B of the Australian Sports Anti - Doping Authority Act 2006 , applies in relation to alleged contraventions of provisions referred to in subsection 73B(1) of the Australian Sports Anti - Doping Authority Act 2006 occurring on or after the commencement of this Schedule.
(2) Regulations made under section 80 of the Australian Sports Anti - Doping Authority Act 2006 , as in force immediately before the commencement of this Schedule, continue to apply on and after that commencement in relation to alleged contraventions of civil penalty provisions of the Australian Sports Anti - Doping Authority Act 2006 occurring before the commencement of this Schedule.