Goudie Sandra: Sports Anti-Doping Bill — In Committee 
Goudie Sandra: Sports Anti-Doping Bill — In Committee 
[Volume:634;Page:5984] 
SANDRA GOUDIE (National—Coromandel) 
: 
 I rise also to speak to Supplementary Order Paper 64 put forward in the name of the Minister Trevor Mallard. I share the same concern that has been expressed by Shane Ardern about it because we have not had a chance to consider the implications of the changes. However if I look at the World Anti-Doping Code—and I just happen to have a copy here with me—I see that article 2.2 refers to the use or attempted use of a prohibited substance or prohibited method. Without reading the further detail of that on the face of it that looks fine. Article 2.4 relates to the violation of applicable requirements regarding athlete availability for out-of-competition testing including failure to provide required whereabouts information and missed tests. On the face of it that looks OK. Article 2.5 relates to tampering or attempting to tamper with any part of doping control. 
We could go through those articles bit by bit. For the benefit of anybody who is interested I say article 2.7 relates to trafficking in any prohibited substance or prohibited method. So the code does cover trafficking which I think is an interesting point and well worth including. It follows on from the zero tolerance concept. Actually in speaking about that I recall that John Hayes my most excellent colleague on my right raised the point that the Minister has actually signed into agreements before this bill has been passed. Some conventions have been signed into and it is quite extraordinary that the Minister has entered into agreements prior to the legislation being adopted. 
Having read out clause 48A and considered the issues in relation to it I have yet to read the rest of the clauses to see what sort of effect they will have. So I will reiterate the call from my most excellent colleague Shane Ardern that the Minister take a call actually go through the clauses on Supplementary Order Paper 64 and explain what the material changes are. I have explained the change in regard to clause 48A so he could skip that one. I looked at the change to clause 3 and I found no problem with that. It just sets out a bit more clearly what Drug Free Sport New Zealand is—the fact that it is an independent body. It also sets out quite separately that the tribunal is also an independent body and it sets out what each of those bodies undertakes. So on the face of it the change to clause 3 looks fine and clause 48A looks fine. 
We will have to work our way through the rest of the Supplementary Order Paper perhaps as the Minister takes a call. He could explain clause 48B “Use of information and evidence gathered under section 48A(1)(a). That I think is quite an important clause and should not be understated in any way. I would also like the Minister to take a call about clause 48 “Preparation and making of rules before 1 July 2007”. That is new. We are always a little concerned when rules are to be prepared and made so we require the Minister to get up take a call and explain why that measure has suddenly popped in there. He could explain the conditions and dates in that clause in relation to clauses 16 to 22. If the Minister would do that it would be greatly appreciated and we could then support that Supplementary Order Paper with a little more confidence. 
In talking further about this bill I see that these provisions are about the World Anti-Doping Code; they are all about what the World Anti-Doping Agency has in its code. The bill picks up on some of the more pertinent aspects of the code and with a zero tolerance to drugs and their use in sport—for the benefit of Mr Mark—I think that those particular parts of the Supplementary Order Paper are quite pertinent. I am running out here; I will let my colleague take over.