ANTI-DOPING IN SPORT ACT

ARRANGEMENT OF SECTIONS

PART I
Preliminary

   1   Short title

   2   Interpretation

   3   Objects of Act

   4   Application

 

PART II
Jamaica Anti-Doping Commission Establishment and Functions

   5   Establishment of Jamaica Anti-Doping Commission

   6   Functions of Commission

   7   Minister may give directions to Commission

   8   Power to delegate

 

PART III
Anti-Doping Rules

   9   Commission may make Rules

   10   Anti-Doping Rules violation

 

Therapeutic Use Exemption

   11   Therapeutic Use Exemption Certificate

   12   Application to be in accordance with international standards

   13   Appointment of the JADCO Therapeutic Use Exemption Committee

   14   Functions of JADCO TUEC

   15   Notification of Therapeutic Use Exemption

   16   WADA may review and reverse TUE Certificate

   17   Recognition of results of other Anti-Doping Organisation

 

PART IV
Disciplinary Panel; Appeals

   18   Establishment of the Jamaica Anti-Doping Disciplinary Panel

   19   Commission to refer findings for hearing

   20   Functions of the Anti-Doping Disciplinary Panel

   21   Appeals

   22   Establishment of Jamaica Anti-Doping Appeals Tribunal

   23   Appeals of international-level athlete

   24   Appeals of decisions to deny Therapeutic Use Exemption Certificate

 

Miscellaneous

   25   Confidentiality

   26   Regulations

      SCHEDULES

 

THE ANTI-DOPING IN SPORT ACT

[Date of Commencement: 31st July, 2008]

Act 10 of 2008.

PART I
Preliminary (sections 1-4)

1   Short title

   This Act may be cited as the Anti-Doping in Sport Act.

2   Interpretation

   In this Act, unless the context otherwise requires-

   "anti-doping" means related to the prevention or control of doping;

   "anti-doping organisation" means a signatory to the Code that is responsible for adopting rules for initiating, implementing or enforcing any part of the doping control process, and includes-

   (a)   the International Olympic Committee;

   (b)   the International Paralympic Committee;

   (c)   the World Anti-Doping Agency (WADA);

   (d)   an international sporting federation;

   (e)   a major event organisation that conducts testing at its events;

   (f)   the Commission;

   (g)   any other National Anti-Doping Organisation;

   "Anti-Doping Rules" means any rules made under section 9;

   "Anti-Doping Rules violation" shall be construed in accordance with section 10;

   "Appeals Tribunal" means the Jamaica Anti-Doping Appeals Tribunal established under section 22;

   "athlete" means-

   (a)   any person who participates in a sport-

         (i)   as an international-level athlete;

         (ii)   as a national-level athlete (as determined by the Commission),

      including but not limited to any person in the Registered Testing Pool who is otherwise subject to the jurisdiction of this Act;

   (b)   for the purposes of section 10(2)(h) and anti-doping information and education, any person referred to in paragraph (a) and any other competitor in sport;

   "athlete support personnel" means any-

   (a)   parent or guardian of an athlete who is a minor;

   (b)   medical practitioner or paramedical personnel;

   (c)   coach, trainer, manager, official, agent, or team staff;

   (d)   any other person,

   working with or treating or assisting an athlete participating in, or preparing, for sports competition;

   "Code" means the World Anti-Doping Code adopted by the World Anti-Doping Agency on March 5, 2003, at Copenhagen, Denmark and, includes any amendments to the Code adopted by the World Anti-Doping Agency, from time to time;

   "Commission" or "JADCO" means the Jamaica Anti-Doping Commission established under section 5;

   "competition" or "sporting competition" means a sporting activity consisting of a single race, match, game or athletic contest;

   "consequences of Anti-Doping Rules violation" means one or more of the following consequences resulting from an athlete's or other person's violation of an Anti-Doping Rule-

   (a)   disqualification-this means that the athlete's results in a particular competition or event are invalidated, with all resulting consequences including forfeiture of any medals, points and prizes;

   (b)   ineligibility-this means that the athlete or other person is barred for a specified period of time from participating in any competition or other activity or funding;

   (c)   provisional suspension-this means that the athlete or other person is barred temporarily from participating in any competition prior to the final decision of the Appeals Tribunal;

   "Court of Arbitration" means the Court of Arbitration for Sport located in Lausanne, Switzerland established by the International Olympic Committee, and the statutes of which came into force on June 30, 1984;

   "Disciplinary Panel" means the Jamaica Anti-Doping Disciplinary Panel established under section 18;

   "doping" means any violation of the Anti-Doping Rules;

   "doping control" means all the steps and processes from test distribution planning, through to ultimate disposition of any appeal including all steps and processes in between, such as provision of whereabouts information, sample collection and handling, results management and hearings;

   "doping control teams" means doping control teams operating under the authority of international or national anti-doping organisations;

   "event" means a series of individual competitions conducted together under one international sporting federation or National sporting organisation or ruling body;

   "functions" includes powers and duties;

   "in-competition" means the period commencing twelve hours before a competition in which the athlete is scheduled to participate through the end of such competition and the sample collection process related to such competition;

   "international event" or "international competition" means, as the case may be, an event or competition where the International Olympic Committee, the International Paralympic Committee, an international sporting federation, a major event organisation or another international sporting organisation is the ruling body for the event or competition or appoints the technical officials for the event or competition;

   "international-level athlete" means an athlete designated by one or more international sporting federations as being within the Registered Testing Pool for an international sporting federation;

   "International Olympic Committee" means the organisation created by the Congress of Paris on June 23, 1894 and entrusted with the control and development of the modern Olympic Games;

   "International Paralympic Committee" means the organisation established on September 22, 1989, to enable paralympic athletes to achieve sporting excellence and to inspire and excite the world and entrusted with the control and development of the Paralympics Games;

   "international sporting federation" in relation to a particular type of sport or event means the sporting body having international control over that sport or event;

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