New Ant-Doping Laws to give Police-Like Powers

The Australian government has given assent to the Australian Sports Anti-Doping Authority Amendment Act as Act 126 of 2013. Following the Woods Review into cycling, the new legislation will seek to strengthen existing legislation to reflect the changing dynamics in the sporting world.

The Act will amend the principal Act to strengthen the Australian Sports Anti-Doping Authority’s (ASADA) investigation functions and to enhance information sharing arrangements with other government agencies. The changes will ensure that the ASADA has additional capabilities to meet the contemporary challenges faced in changing anti-doping where analytical testing of athlete urine and blood samples may not be the only means of detecting the most sophisticated doping instances.

The new law will compel suspect athletes and other people to face questioning from the ASADA and hand over documents on request. The CEO of ASADA will now be able to issue disclosure notices requiring compliance. A penalty of up to $5,000 may apply for non-compliance.

However, safeguards have been put in place to protect against this new police-like power given to the ASADA. The right to remain silent is invested in individuals as well as any right arising from doctor patient confidentiality. Further to this, the CEO will be required to obtain two signatures from the anti-doping violation panel in order to compel witnesses to a hearing.

The greater ramifications of this Act in the sporting world are still to be seen.

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