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NATIONAL SPORTS TRIBUNAL ACT 2019 - NOTES

No. 68, 2019

Compilation No. 3

Compilation date: 1 September 2021

Includes amendments up to: Act No. 13, 2021

Registered: 16 November 2021

About this compilation

This compilation

This is a compilation of the National Sports Tribunal Act 2019 that shows the text of the law as amended and in force on 1 September 2021 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

Part 1--Preliminary

1 Short title

2 Commencement

3 Object of this Act

4 Simplified outline of this Act

5 Definitions

6 Application of this Act

7 Crown to be bound

8 Extraterritorial application

Part 2--Establishment of the National Sports Tribunal

Division 1--Simplified outline of this Part

9 Simplified outline of this Part

Division 2--Establishment of the National Sports Tribunal

10 Establishment of the National Sports Tribunal

11 Divisions of the National Sports Tribunal

Division 3--Members of the National Sports Tribunal

12 Number of members

13 Appointment of members

14 Remuneration

15 Other terms and conditions

16 Disclosure of interests to the CEO

17 Resignation of appointment

18 Termination of appointment

19 Application of the Public Governance, Performance and Accountability Act 2013

20 General duties of members

Part 3--Resolution of disputes by the National Sports Tribunal

Division 1--Simplified outline of this Part

21 Simplified outline of this Part

Division 2--Anti-Doping Division

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

Division 3--General Division

Subdivision A--Applications for arbitration of disputes

23 Disputes between a person and a sporting body

24 Disputes between 2 or more persons

Subdivision B--Applications for alternative dispute resolution processes

25 Disputes between a person and a sporting body

26 Disputes between 2 or more persons

Division 4--Arbitration of disputes in Anti-Doping Division or General Division

27 Arbitration of disputes in Anti-Doping Division or General Division

Division 5--Alternative dispute resolution processes

28 Mediation, conciliation or case appraisal of disputes

29 Practice and procedure of National Sports Tribunal in mediation, conciliation or case appraisal

30 Evidence not admissible

Division 6--Appeals Division

Subdivision A--Appealing decisions about anti-doping matters

31 Appealing determinations made in Anti-Doping Division

32 Appealing decisions made by sporting bodies

33 Appealing decisions made by sporting tribunals

Subdivision B--Appealing decisions about other matters

34 Appealing determinations made in General Division

35 Appealing decisions made by sporting tribunals

Subdivision C--Arbitration of disputes in Appeals Division

36 Arbitration of disputes in Appeals Division

Division 7--Making applications

37 Form of applications

38 Time limit on applications

Division 8--Manner of conducting arbitration

39 Scope of Division

40 General principles relating to arbitration

41 CEO's determination about practice and procedure of National Sports Tribunal in arbitration

42 Members may give notices

43 Failure to comply with notice

44 Refusal to be sworn or to answer questions

45 False or misleading evidence

Division 9--Costs

46 Charging costs of an arbitration

47 Charging costs of alternative dispute resolution processes

Division 10--Civil penalty provisions

48 Civil penalty provisions

Division 11--Infringement notices

49 Infringement notices

Part 4--Administration of the National Sports Tribunal

Division 1--Simplified outline of this Part

50 Simplified outline of this Part

Division 2--Chief Executive Officer

51 Chief Executive Officer

52 Functions of CEO

53 Powers of CEO

54 Appointment of CEO

55 Acting appointments

56 Remuneration

57 Leave

58 Other terms and conditions

59 Other paid work

60 Disclosure of interests to the Minister

61 Resignation of appointment

62 Termination of appointment

63 Application of the finance law etc.

64 Directions to CEO

65 Delegation by CEO

Division 3--Persons assisting the Chief Executive Officer

66 Arrangements relating to staff of the Department

67 Other persons assisting the CEO

68 Consultants and expert witnesses

Part 5--Other matters

69 Simplified outline of this Part

70 Obstruction etc. of National Sports Tribunal

71 Intimidation etc. of witnesses or other persons

72 Secrecy

73 Protection and immunity

74 Protection from civil actions

75 Rules

Endnotes

Endnote 1--About the endnotes

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history

Endnote 5--Editorial changes

 

Endnotes

Endnote 1--About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1--About the endnotes

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history

Abbreviation key--Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history--Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation "(md)" added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation "(md not incorp)" is added to the details of the amendment included in the amendment history.

 

Endnote 2--Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/sub-subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev ... ) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub-Ch = Sub-Chapter(s)

cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

commenced or to be commenced

 

Endnote 3--Legislation history

 

Act

Number and year

Assent

Commencement

Application, saving and transitional provisions

National Sports Tribunal Act 2019

68, 2019

19 Sept 2019

19 Mar 2020 (s 2(1) item 1)

 

Australian Sports Anti-Doping Authority Amendment (Sport Integrity Australia) Act 2020

11, 2020

6 Mar 2020

Sch 2 (items 14-21) and Sch 4 (items 2-7): 1 July 2020 (s 2(1) items 2, 5)

Sch 4 (items 2-7)

Sport Integrity Australia Amendment (World Anti-Doping Code Review) Act 2020

126, 2020

15 Dec 2020

Sch 1 (items 27-48): 1 Jan 2021 (s 2(1) item 1)

Sch 1 (item 48)

Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Act 2021

13, 2021

1 Mar 2021

Sch 4 (item 16): 1 Sept 2021 (s 2(1) item 11)

--

 

Endnote 4--Amendment history

 

Provision affected

How affected

Part 1

 

s 5.....................

am No 11, 2020

 

ed C3

Part 3

 

Division 2

 

s 22....................

am No 11, 2020; No 126, 2020

Division 6

 

Subdivision A

 

s 31....................

am No 11, 2020; No 126, 2020

s 32....................

am No 11, 2020; No 126, 2020

s 33....................

am No 11, 2020; No 126, 2020

Division 10

 

s 48....................

am No 13, 2021

Part 4

 

Division 2

 

s 64....................

am No 126, 2020

 

Endnote 5--Editorial changes

In preparing this compilation for registration, the following kinds of editorial change(s) were made under the Legislation Act 2003.

Subsection 5(1)

Kind of editorial change

Updates to references of a law or a provision

Details of editorial change

This compilation was editorially changed to update references from the Australian Sports Anti-Doping Authority Act 2006 to the Sport Integrity Australia Act 2020 in subsection 5(1) (wherever occurring).

 


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