Document ID: chunk:federal_register_of_legislation:C2005A00040:clause:1_51e:p1
Version: federal_register_of_legislation:C2005A00040
Segment Type: clause
Provision Reference: sch 1 cl 51E (pt 1/2)
Character Range: 3742–6621

51E  Disclosure for permitted anti‑doping purposes of a sporting organisation

Executive Director may authorise disclosure

 (1) The Executive Director may authorise the disclosure of protected information to a sporting organisation if:
 (a) the Executive Director is satisfied that the information should be disclosed to the organisation for permitted anti‑doping purposes of the organisation; and
 (b) the organisation has given a written undertaking that:
 (i) the organisation will use or disclose the information only for permitted anti‑doping purposes of the organisation; and
 (ii) the organisation will take reasonable steps to satisfy itself that the information will not be used or disclosed, by a person to whom the organisation has disclosed the information, in a way that would be unfairly prejudicial to the interests of the person to whom the information relates; and
 (c) the Executive Director is satisfied that the disclosure of the information would not contravene any terms of the authorisation under which the protected information was disclosed to the Commission; and
 (d) the requirements of subsections (2) to (5) are satisfied.
If the information relates to more than one person, the information cannot be disclosed unless the requirements of subsections (2) to (5), as they apply in relation to each of those persons, are satisfied.

Notice to be given to person to whom the information relates

 (2) Before authorising the disclosure of the information to the organisation, the Executive Director must:
 (a) give written notice of the proposed disclosure to the person to whom the information relates; and
 (b) invite the person to make a written submission to the Executive Director about the proposed disclosure within a period (the submission period) that is the specified number of days after the day on which the person receives the notice.
The notice must also advise the person of the effect of subsection (5).

 (3) For the purpose of paragraph (2)(b), the specified number of days must be:
 (a) unless paragraph (b) applies—14 days; or
 (b) if the Executive Director considers it appropriate in the circumstances to specify a lesser number of days—that lesser number of days.

 (4) The information must not be disclosed unless:
 (a) the submission period has ended; and
 (b) the Executive Director has considered any submission that has been made within the submission period.

 (5) If the Executive Director receives a submission from the person before the end of the submission period, the Executive Director may, for the purposes of subsection (4), take the submission period to have ended immediately after the receipt of the submission.

Executive Director may specify other conditions etc.

 (6) The Executive Director may specify the manner in which, or the conditions under which, the disclosure is to be made (including the form in