Document ID: chunk:federal_register_of_legislation:C2021C00550:section:22
Version: federal_register_of_legislation:C2021C00550
Segment Type: section
Provision Reference: s 22
Character Range: 21446–24035

22  Applications for arbitration of disputes relating to anti‑doping policies

Anti‑Doping Division recognised by anti‑doping policy
 (1) If:
 (a) a sporting body has an anti‑doping policy that has been approved by the Sport Integrity Australia CEO; and
 (b) a person is bound by the anti‑doping policy; and
 (c) the anti‑doping policy permits disputes of a particular kind to be heard in the Anti‑Doping Division of the National Sports Tribunal; and
 (d) a dispute of that kind arises in relation to the person;
the person may apply to the National Sports Tribunal for arbitration of the dispute.
Note: See Division 7 for how applications are to be made.

Anti‑Doping Division not recognised by anti‑doping policy
 (2) If:
 (a) a sporting body has an anti‑doping policy that has been approved by the Sport Integrity Australia CEO; and
 (b) a person is bound by the anti‑doping policy; and
 (c) a dispute arises in relation to the person; and
 (d) the dispute is of a kind in respect of which the World Anti‑Doping Code provides for a form of hearing; and
 (e) the anti‑doping policy does not permit disputes of that kind to be heard in the Anti‑Doping Division of the National Sports Tribunal; and
 (f) the person, the sporting body and the Sport Integrity Australia CEO agree in writing to refer the dispute to the Anti‑Doping Division of the National Sports Tribunal;
the person may apply to the National Sports Tribunal for arbitration of the dispute.
Note: See Division 7 for how applications are to be made.

Parties to arbitration
 (3) The parties to the arbitration are:
 (a) the person; and
 (b) the sporting body; and
 (c) the Sport Integrity Australia CEO; and
 (d) any other person or body:
 (i) that is permitted by the anti‑doping policy to participate in a hearing of a dispute of that kind; and
 (ii) that advises the National Sports Tribunal in writing that the person or body wishes to be a party to the arbitration; and
 (e) if the application is under subsection (2)—any other person or body:
 (i) that is specified in the agreement mentioned in paragraph (2)(f) as being permitted to participate in a hearing of a dispute of that kind; and
 (ii) that advises the National Sports Tribunal in writing that the person or body wishes to be a party to the arbitration.

Arbitration to be conducted in Anti‑Doping Division
 (4) The arbitration is to be conducted in the Anti‑Doping Division of the National Sports Tribunal.
Note: See Divisions 4, 8 and 9 for rules about the arbitration.

Division 3—General Division

Subdivision A—Applications for arbitration of disputes