(1) The NAD scheme must authorise the CEO to give a person a written notice (a disclosure notice) requiring the person to do one or more of the following within the period specified in the notice:

The NAD scheme must provide that the CEO must not give a disclosure notice to a person unless:

The NAD scheme may make provision in relation to:

Without limiting subsection (2), the NAD scheme must provide that a person who is given a disclosure notice has the right to be notified in writing of the possible consequences of a failure to comply with the disclosure notice.

The CEO may:

The CEO may take, and retain for as long as is necessary, possession of a document or thing produced in response to a disclosure notice.

While the CEO retains the document or thing, he or she must allow a person who would otherwise be entitled to inspect the document or view the thing to do so at the times that the person would ordinarily be able to do so.

A person contravenes this subsection if:

Subsection (1) does not apply if the person gives the CEO a statutory declaration stating that:

A person contravenes this subsection if:

A person contravenes this subsection if:

An individual is excused from complying with a requirement to answer a question or to give information if the answer to the question or the information might tend to incriminate the individual or expose the individual to a penalty.

A person is not excused from producing a document or thing as required by a disclosure notice given to the person on the ground that the document or thing might tend to incriminate the person or expose the person to a penalty.

However, in the case of an individual, none of the following:

To avoid doubt, proceedings (however described) before a sporting administration body or the Court of Arbitration for Sport or other sporting tribunal that relate to sports doping and safety matters are proceedings in connection with this Act or the regulations.

The CEO may, by writing, delegate his or her power to give a disclosure notice to a member of the ASADA staff who is an SES employee, or an acting SES employee.

The CEO may apply to a relevant court for an order that a person, who is alleged to have contravened a civil penalty provision, pay the Commonwealth a pecuniary penalty.

The CEO must make the application within 4 years of the alleged contravention.

If the relevant court is satisfied that the person has contravened the civil penalty provision, the court may order the person to pay to the Commonwealth such pecuniary penalty for the contravention as the court determines to be appropriate.

(4) An order under subsection (3) is a civil penalty order.

The pecuniary penalty must not be more than:

In determining the pecuniary penalty, the court must take into account all relevant matters, including:

A pecuniary penalty is a debt payable to the Commonwealth.

The Commonwealth may enforce a civil penalty order as if it were an order made in civil proceedings against the person to recover a debt due by the person. The debt arising from the order is taken to be a judgement debt.

If conduct constitutes a contravention of 2 or more civil penalty provisions, proceedings may be instituted under this Part against a person in relation to the contravention of any one or more of those provisions.

However, the person is not liable to more than one pecuniary penalty under this Part in relation to the same conduct.

A relevant court may make a single civil penalty order against a person for multiple contraventions of a civil penalty provision if proceedings for the contraventions are founded on the same facts, or if the contraventions form, or are part of, a series of contraventions of the same or a similar character.

However, the penalty must not exceed the sum of the maximum penalties that could be ordered if a separate penalty were ordered for each of the contraventions.

Proceedings for a civil penalty order against a person for a contravention of a civil penalty provision are stayed if:

(2) The proceedings for the order (the civil proceedings) may be resumed if the person is not convicted of the offence. Otherwise:

Evidence of information given, or evidence of production of documents, by an individual is not admissible in criminal proceedings against the individual if:

However, subsection (1) does not apply to criminal proceedings in relation to the falsity of the evidence given by the individual in the proceedings for the civil penalty order.

A person must not:

A person who contravenes subsection (1) in relation to a civil penalty provision is taken to have contravened the provision.

If an act or thing is required under a civil penalty provision to be done:

A person who contravenes a civil penalty provision that requires an act or thing to be done:

In proceedings for a civil penalty order against a person for a contravention of a civil penalty provision, it is not necessary to prove:

Subsection (1) does not apply to the extent that the proceedings relate to a contravention of subsection 73M(1) (ancillary contravention of civil penalty provisions).

Subsection (1) does not affect the operation of section 73Q (mistake of fact).

Subsection (1) does not apply to the extent that the civil penalty provision, or a provision that relates to the civil penalty provision, expressly provides otherwise.

A person is not liable to have a civil penalty order made against the person for a contravention of a civil penalty provision if:

For the purposes of subsection (1), a person may be regarded as having considered whether or not facts existed if:

A person who wishes to rely on subsection (1) or (2) in proceedings for a civil penalty order bears an evidential burden in relation to that matter.

Without limiting subsection (1), the report must set out:

The regulations may provide for a person who is alleged to have contravened a civil penalty provision to pay a penalty to the Commonwealth as an alternative to civil proceedings against the person.

The penalty must not exceed one-fifth of the maximum penalty that a court could impose on the person for a contravention of that provision.

(12) The person may disclose the information to the Chief Executive Officer of the Australian Sports Anti-Doping Authority for the purposes of the administration of the NAD scheme (within the meaning of the Australian Sports Anti-Doping Authority Act 2006).

The requirements of subsections (2) to (5) do not apply to a disclosure of information if the CEO is satisfied that complying with those requirements is likely to prejudice a current investigation into a possible violation of the anti-doping rules.

Without limiting subsection (1), the report must set out the number of times the CEO has exercised the discretion referred to in subsection 68(5A) in relation to protected customs information during the financial year.

The amendment made by item 1 of this Schedule applies to disclosures of information made after the commencement of that item, whether the information was obtained before or after that commencement.

The amendments made by items 2 and 3 of this Schedule apply to disclosures of information made after the commencement of those items, regardless of when the investigation into a possible violation of the anti-doping rules commenced.

(3) The NAD scheme must include a provision (a limitations provision) to the effect that an action may be commenced against an athlete or support person in relation to a possible violation of the anti-doping rules within 8 years after the violation is alleged to have occurred.

The limitations provision prevails over a law of a State or Territory, to the extent of any inconsistency.

To avoid doubt, the ADRVP is not a hearing body within the meaning of Article 8 of the World Anti-Doping Code.

An ADRVP member must not, without the prior written consent of the CEO, take part in any deliberations or decisions of a sporting administration body in relation to a matter relating to, or arising under, the NAD scheme.

An ADRVP member must not, without the prior written consent of the CEO, provide:

An ADRVP member is not eligible for appointment as an ASDMAC member.

An ASDMAC member must not, without the prior written consent of the CEO, take part in any deliberations or decisions of a sporting administration body in relation to a matter relating to, or arising under, the NAD scheme.

An ASDMAC member must not, without the prior written consent of the CEO, provide:

The amendment made by item 10 applies in relation to ADRVP members appointed after the commencement of that item.

The amendment made by item 11 applies in relation to conduct engaged in by ADRVP members after the commencement of that item, whether the member was appointed before or after that commencement.

The amendment made by item 12 applies in relation to ASDMAC members appointed after the commencement of that item.

The amendment made by item 13 applies in relation to conduct engaged in by ASDMAC members after the commencement of that item, whether the member was appointed before or after that commencement.

(1) Subject to subitem (2), the rights and liabilities of all persons are, by force of this item, declared to be, and always to have been, the same as if the amendment made by item 2 had been in force during the period (the relevant period):

(2) This item does not affect the rights and liabilities arising between parties to a proceeding heard and finally determined by a court before the commencement of this item, to the extent that those rights and liabilities arose from, or were affected by, Australian Sports Anti-Doping Authority Act 2006, as in force during the relevant period.section 13 of the

The Governor-General may make regulations prescribing matters of a transitional nature (including prescribing any saving or application provisions) in relation to matters arising from the amendments made by this Schedule.

(2) Despite subsection 12(2) of the Legislative Instruments Act 2003, regulations made under subitem (1) may be expressed to take effect from a date before the regulations are registered under that Act.