Document ID: chunk:federal_register_of_legislation:F2021C00104:schedule:1:p14
Version: federal_register_of_legislation:F2021C00104
Segment Type: schedule
Provision Reference: sch 1 (pt 14/43)
Character Range: 50784–53787

reasonably avoided.

Freedom of association
 (10) Subclause (1) does not apply to the extent (if any) that it would be inconsistent with Article 22 of the International Covenant on Civil and Political Rights, done at New York on 16 December 1966.
Note: The Covenant is in Australian Treaty Series 1980 No. 23 ([1980] ATS 23) and could in 2014 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

2.01L  Discouraging or retaliating against reporting to authorities by an athlete, support person or non‑participant

Discouraging reporting
 (1) An act:
 (a) that threatens or seeks to intimidate another person with the intent of discouraging the other person from the good‑faith reporting of information, relating to an alleged anti‑doping rule violation or alleged non‑compliance with the World Anti‑Doping Code, to:
 (i) an anti‑doping organisation; or
 (ii) a law enforcement body; or
 (iii) a regulatory body; or
 (iv) a professional disciplinary body; or
 (v) a hearing panel of the kind mentioned in Article 8 of the World Anti‑Doping Code; or
 (vi) a person conducting an investigation for an anti‑doping organisation; and
 (b) that would not otherwise constitute an anti‑doping rule violation under clause 2.01E;
constitutes a violation of an anti‑doping rule.

Retaliating against reporting
 (2) An act:
 (a) of retaliation against a person who, in good faith, has provided evidence or information, relating to an alleged anti‑doping rule violation or alleged non‑compliance with the World Anti‑Doping Code, to:
 (i) an anti‑doping organisation; or
 (ii) a law enforcement body; or
 (iii) a regulatory body; or
 (iv) a professional disciplinary body; or
 (v) a hearing panel of the kind mentioned in Article 8 of the World Anti‑Doping Code; or
 (vi) a person conducting an investigation for an anti‑doping organisation; and
 (b) that would not otherwise constitute an anti‑doping rule violation under clause 2.01E;
constitutes a violation of an anti‑doping rule.

Interpretation
 (3) For the purposes of this clause, retaliation, threatening and intimidation include an act taken against a person either because the act lacks a good faith basis or is a disproportionate response.

Division 2.2—Sporting Administration Body Rules

2.02  Meaning of sporting administration body in this Part
  For this Part:
sporting administration body means a national sporting organisation for Australia.

2.03  Sporting administration body rules—powers of CEO
 (1) For subsection 15(1) of the Act, the sporting administration body rules mentioned in Schedule 1 apply to all sporting administration bodies.
 (2) The CEO is authorised:
 (a) to monitor the compliance by sporting administration bodies with the sporting administration body rules; and
 (b) to notify the ASC about the extent of the compliance by sporting administration bodies; and
 (c) to publish reports about the extent of compliance by sporting administration bodies with the sporting administration