Commonwealth: National Sports Tribunal Act 2019 (Cth)

National Sports Tribunal Act 2019 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 Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 An Act to establish the National Sports Tribunal, and for related purposes Part 1—Preliminary 1 Short title This Act is the National Sports Tribunal Act 2019. 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provisions Commencement Date/Details 1. The whole of this Act A single day to be fixed by Proclamation. 19 March 2020 However, if the provisions do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act. (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act. 3 Object of this Act (1) The object of this Act is to establish the National Sports Tribunal to provide an effective, efficient, independent, transparent and specialist tribunal for the fair hearing and resolution of sporting disputes. (2) By establishing the Tribunal, this Act gives effect to certain obligations that Australia has as a party to the International Convention Against Doping in Sport and to any other international agreement prescribed by the rules for the purposes of this subsection. 4 Simplified outline of this Act • This Act establishes the National Sports Tribunal. It has an Anti‑Doping Division, a General Division and an Appeals Division. It consists of members appointed by the Minister. • The Anti‑Doping Division and the anti‑doping matters dealt with in the Appeals Division rely on the Commonwealth's legislative power to give effect to the International Convention Against Doping in Sport. • The General Division and the other matters dealt with in the Appeals Division only cover sporting disputes that the Commonwealth has constitutional power to regulate. • In the Anti‑Doping Division, persons may apply to the Tribunal for arbitration of certain disputes relating to anti‑doping policies of sporting bodies. • In the General Division, persons may apply to the Tribunal for arbitration of certain disputes if: (a) those persons are bound by a constituent document covering a sporting body; and (b) the document permits the dispute to be heard in the General Division or the persons who are in dispute agree to refer the dispute to the Tribunal. • If an application for arbitration of a dispute is made, the Tribunal is to arbitrate the dispute and to make a written determination in relation to the dispute. • In the General Division, persons may also apply to the Tribunal for mediation, conciliation or case appraisal of certain disputes if: (a) those persons are bound by a constituent document covering a sporting body; and (b) the persons who are in dispute agree to refer the dispute to the Tribunal. • A party to an arbitration or certain other persons or bodies may appeal to the Appeals Division from a determination made in an arbitration conducted in the Anti‑Doping Division or General Division. In certain circumstances, a person may appeal to the Appeals Division from a sporting body's decision or a sporting tribunal's decision in relation to certain disputes. • There is a Chief Executive Officer of the Tribunal. The CEO is to manage the administration and operation of the Tribunal. 5 Definitions (1) In this Act: athlete has the same meaning as in the Sport Integrity Australia Act 2020. CEO means the Chief Executive Officer of the National Sports Tribunal. civil penalty provision has the same meaning as in the Regulatory Powers Act. constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies. de‑identified: information is de‑identified if the information is no longer about an identifiable individual or an individual who is reasonably identifiable. dispute: see subsection (2) of this section and subsection 6(2). entrusted person means: (a) the CEO; or (b) a member; or (c) a person assisting the CEO in accordance with section 66 or 67; or (d) a person engaged as a consultant, or an expert witness, under section 68. international agreement includes an international treaty or convention. International Convention Against Doping in Sport means: (a) the International Convention Against Doping in Sport, adopted by the UNESCO General Conference at Paris on 19 October 2005; or (b) if the Convention has been amended by any amendment that has entered into force for Australia—the Convention as so amended. Note: The Convention is in Australian Treaty Series 2007 No. 10 ([2007] ATS 10) and could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au). member means a member of the National Sports Tribunal. national sporting organisation, for a particular sport, means: (a) a sporting organisation that is recognised by the International Sporting Federation that has international control over the sport as being the organisation responsible for administering the affairs of the sport, or of a substantial part or section of the sport, in Australia; or (b) whether or not there is an International Sporting Federation that has international control over the sport—a sporting organisation that is recognised by the Australian Sports Commission as being responsible for administering the affairs of the sport, or of a substantial part or section of the sport, in Australia. paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise). protected information means information that: (a) was obtained by a person in the person's capacity as an entrusted person; and (b) relates to the affairs of another person (except a person in the person's capacity as an entrusted person); and (c) identifies, or is reasonably capable of being used to identify, the other person. Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014. rules means rules made under section 75. Secretary means Secretary of the Department. sporting body means: (a) a national sporting organisation for a particular sport; or (b) a body or organisation specified in an instrument under subsection (3). Sport Integrity Australia CEO means the Chief Executive Officer of Sport Integrity Australia. support person has the same meaning as in the Sport Integrity Australia Act 2020. World Anti‑Doping Code has the same meaning as in the Sport Integrity Australia Act 2020. (2) Without limiting what is a dispute for the purposes of this Act, a dispute may arise in connection with a decision made by a person or body. (3) The CEO may, by notifiable instrument, specify a body or organisation for the purposes of paragraph (b) of the definition of sporting body in subsection (1). Note: For specification by class, see subsection 13(3) of the Legislation Act 2003. 6 Application of this Act Anti‑doping matters (1) Sections 22, 31, 32 and 33, and any other provision of this Act to the extent it relates to any of those sections, rely on the Commonwealth's legislative power under paragraph 51(xxix) of the Constitution to give effect to the International Convention Against Doping in Sport. Other matters (2) Sections 23, 24, 25, 26, 34 and 35, and any other provision of this Act to the extent it relates to any of those sections, apply in relation to a dispute of any of the following kinds: (a) a dispute where the sporting body concerned is: (i) a constitutional corporation; or (ii) a body corporate that is incorporated in a Territory; or (iii) a body corporate that is taken to be registered in a Territory under section 119A of the Corporations Act 2001; (b) a dispute involving matters relating to a sporting event at which Australia is to be, is or was represented as a nation; (c) a dispute involving matters that occur beyond the limits of the States and Territories. 7 Crown to be bound (1) This Act binds the Crown in each of its capacities. (2) This Act does not make the Crown liable to be prosecuted for an offence. 8 Extraterritorial application This Act extends to acts, omissions, matters and things outside Australia. Part 2—Establishment of the National Sports Tribunal Division 1—Simplified outline of this Part 9 Simplified outline of this Part • The National Sports Tribunal is established. • It has an Anti‑Doping Division, a General Division and an Appeals Division. • It consists of members appointed by the Minister. Division 2—Establishment of the National Sports Tribunal 10 Establishment of the National Sports Tribunal The National Sports Tribunal is established by this section. 11 Divisions of the National Sports Tribunal There are the following Divisions of the National Sports Tribunal: (a) an Anti‑Doping Division; (b) a General Division; (c) an Appeals Division. Note: Part 3 sets out the matters to be dealt with by each Division. Division 3—Members of the National Sports Tribunal 12 Number of members The National Sports Tribunal consists of such number of members as are appointed in accordance with this Act. 13 Appointment of members (1) A member is to be appointed by the Minister by written instrument, on a part‑time basis. Note: The member may be reappointed: see section 33AA of the Acts Interpretation Act 1901. (2) The member holds office for the period specified in the instrument of appointment. The period must not exceed 5 years. (3) The Minister must not appoint a person as a member unless the Minister is satisfied that the person has experience or knowledge in at least one of the following fields: (a) sports law; (b) sports governance or sports administration; (c) scientific or medical expertise in relation to sport; (d) dispute resolution; (e) ethics; (f) investigative practices or techniques; (g) any other appropriate field of expertise. (4) The CEO is not eligible for appointment as a member. 14 Remuneration (1) A member is to be paid the remuneration that is determined by the CEO. (2) A member is to be paid the allowances (if any) that are determined by the CEO. 15 Other terms and conditions A member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the CEO. 16 Disclosure of interests to the CEO (1) A member must give written notice to the CEO of all interests, pecuniary or otherwise, that the member has or acquires and that conflict or could conflict with the proper performance of the member's duties. (2) The rules may do the following: (a) prescribe how and when an interest must be disclosed; (b) prescribe the consequences of disclosing an interest (for example, that the member must not deal with a particular dispute before the Tribunal). 17 Resignation of appointment (1) A member may resign the member's appointment by giving the Minister a written resignation. (2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day. 18 Termination of appointment (1) The Minister may terminate the appointment of a member: (a) for misbehaviour; or (b) if the member is unable to perform the duties of the member's office because of physical or mental incapacity. (2) The Minister may terminate the appointment of a member if: (a) the member: (i) becomes bankrupt; or (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or (iii) compounds with the member's creditors; or (iv) makes an assignment of the member's remuneration for the benefit of the member's creditors; or (b) the member fails, without reasonable excuse, to comply with section 16; or (c) the member contravenes section 20. 19 Application of the Public Governance, Performance and Accountability Act 2013 A member is not an official for the purposes of the Public Governance, Performance and Accountability Act 2013. 20 General duties of members Duty to act honestly, in good faith and for a proper purpose (1) A member must discharge the member's duties honestly, in good faith and for a proper purpose. Duty in relation to use of position (2) A member must not improperly use the member's position: (a) to gain, or seek to gain, a benefit or an advantage for the member or any other person; or (b) to cause, or seek to cause, detriment to the National Sports Tribunal, the Commonwealth or any other person. Duty in relation to use of information (3) A member who obtains information as a member must not improperly use the information: (a) to gain, or seek to gain, a benefit or an advantage for the member or any other person; or (b) to cause, or seek to cause, detriment to the National Sports Tribunal, the Commonwealth or any other person. Part 3—Resolution of disputes by the National Sports Tribunal Division 1—Simplified outline of this Part 21 Simplified outline of this Part • In the Anti‑Doping Division, persons may apply to the National Sports Tribunal for arbitration of certain disputes relating to anti‑doping policies of sporting bodies. • In the General Division, persons may apply to the Tribunal for arbitration of certain disputes if: (a) those persons are bound by a constituent document covering a sporting body; and (b) the document permits the dispute to be heard in the General Division or the persons who are in dispute agree to refer the dispute to the Tribunal. • If an application for arbitration of a dispute is made, the Tribunal is to arbitrate the dispute and to make a written determination in relation to the dispute. • In the General Division, persons may also apply to the Tribunal for mediation, conciliation or case appraisal of certain disputes if: (a) those persons are bound by a constituent document covering a sporting body; and (b) the persons who are in dispute agree to refer the dispute to the Tribunal. • A party to an arbitration or certain other persons or bodies may appeal to the Appeals Division from a determination made in an arbitration conducted in the Anti‑Doping Division or General Division. In certain circumstances, a person may appeal to the Appeals Division from a sporting body's decision or a sporting tribunal's decision in relation to certain disputes. Division 2—Anti‑Doping Division 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 23 Disputes between a person and a sporting body (1) If: (a) a dispute arises between: (i) a person bound by one or more constituent documents by which a sporting body is constituted or according to which a sporting body operates; and (ii) the sporting body; and (b) either: (i) one or more of those documents permit the dispute to be heard in the General Division of the National Sports Tribunal; or (ii) if none of those documents permits the dispute to be heard in the General Division of the National Sports Tribunal—the person and the sporting body agree in writing to refer the dispute to the General Division of the National Sports Tribunal; and (c) either: (i) the dispute is of a kind prescribed by the rules for the purposes of this subparagraph; or (ii) the dispute is approved by the CEO, in writing, as a dispute to which this section applies; the person or the sporting body 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 (2) The parties to the arbitration are: (a) the person; and (b) the sporting body; and (c) any other person or body: (i) that is permitted by any of the constituent documents 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 General Division (3) The arbitration is to be conducted in the General Division of the National Sports Tribunal. Note: See Divisions 4, 8 and 9 for rules about the arbitration. Limits on CEO's power (4) For the purposes of subparagraph (1)(c)(ii), the CEO must not approve a dispute of a kind prescribed by the rules for the purposes of this subsection. (5) The CEO may give an approval under subparagraph (1)(c)(ii) only if the CEO is satisfied that there are exceptional circumstances justifying the giving of the approval. (6) Without limiting subsection (5), exceptional circumstances for the purposes of that subsection include the following: (a) the CEO is satisfied that the dispute has been in existence for a protracted period of time, the parties to the dispute have made reasonable efforts to resolve the dispute and the dispute will not be resolved in the reasonably foreseeable future; (b) the outcome of the dispute may set a precedent for dealing with similar disputes that may arise in the future. Approval not a legislative instrument (7) An approval under subparagraph (1)(c)(ii) is not a legislative instrument. 24 Disputes between 2 or more persons (1) If: (a) a dispute arises between 2 or more persons bound by one or more constituent documents by which a sporting body is constituted or according to which a sporting body operates; and (b) either: (i) one or more of those documents permit the dispute to be heard in the General Division of the National Sports Tribunal; or (ii) if none of those documents permits the dispute to be heard in the General Division of the National Sports Tribunal—those persons agree in writing to refer the dispute to the General Division of the National Sports Tribunal; and (c) either: (i) the dispute is of a kind prescribed by the rules for the purposes of this subparagraph; or (ii) the dispute is approved by the CEO, in writing, as a dispute to which this section applies; the sporting body 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 (2) The parties to the arbitration are: (a) the 2 or more persons; and (b) the sporting body; and (c) any other person or body: (i) that is permitted by any of the constituent documents 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 General Division (3) The arbitration is to be conducted in the General Division of the National Sports Tribunal. Note: See Divisions 4, 8 and 9 for rules about the arbitration. Limits on CEO's power (4) For the purposes of subparagraph (1)(c)(ii), the CEO must not approve a dispute of a kind prescribed by the rules for the purposes of this subsection. (5) The CEO may give an approval under subparagraph (1)(c)(ii) only if the CEO is satisfied that there are exceptional circumstances justifying the giving of the approval. (6) Without limiting subsection (5), exceptional circumstances for the purposes of that subsection include the following: (a) the CEO is satisfied that the dispute has been in existence for a protracted period of time, the parties to the dispute have made reasonable efforts to resolve the dispute and the dispute will not be resolved in the reasonably foreseeable future; (b) the outcome of the dispute may set a precedent for dealing with similar disputes that may arise in the future. Approval not a legislative instrument (7) An approval under subparagraph (1)(c)(ii) is not a legislative instrument. Subdivision B—Applications for alternative dispute resolution processes 25 Disputes between a person and a sporting body (1) If: (a) a dispute arises between: (i) a person bound by one or more constituent documents by which a sporting body is constituted or according to which a sporting body operates; and (ii) the sporting body; and (b) the person and the sporting body agree in writing to refer the dispute to the General Division of the National Sports Tribunal; and (c) either: (i) the dispute is of a kind prescribed by the rules for the purposes of this subparagraph; or (ii) the dispute is approved by the CEO, in writing, as a dispute to which this section applies; the person or the sporting body may apply to the National Sports Tribunal for mediation, conciliation or case appraisal of the dispute. Note: See Division 7 for how applications are to be made. Participants in mediation, conciliation or case appraisal (2) The participants in the mediation, conciliation or case appraisal are: (a) the person; and (b) the sporting body. Mediation, conciliation or case appraisal to be conducted in General Division (3) The mediation, conciliation or case appraisal is to be conducted in the General Division of the National Sports Tribunal. Note: See Divisions 5 and 9 for provisions about the mediation, conciliation or case appraisal. Limit on CEO's power (4) For the purposes of subparagraph (1)(c)(ii), the CEO must not approve a dispute of a kind prescribed by the rules for the purposes of this subsection. Approval not a legislative instrument (5) An approval under subparagraph (1)(c)(ii) is not a legislative instrument. 26 Disputes between 2 or more persons (1) If: (a) a dispute arises between 2 or more persons bound by one or more constituent documents by which a sporting body is constituted or according to which a sporting body operates; and (b) those persons agree in writing to refer the dispute to the General Division of the National Sports Tribunal; and (c) either: (i) the dispute is of a kind prescribed by the rules for the purposes of this subparagraph; or (ii) the dispute is approved by the CEO, in writing, as a dispute to which this section applies; the sporting body may apply to the National Sports Tribunal for mediation, conciliation or case appraisal of the dispute. Note: See Division 7 for how applications are to be made. Participants in mediation, conciliation or case appraisal (2) The participants in the mediation, conciliation or case appraisal are: (a) the 2 or more persons; and (b) the sporting body. Mediation, conciliation or case appraisal to be conducted in General Division (3) The mediation, conciliation or case appraisal is to be conducted in the General Division of the National Sports Tribunal. Note: See Divisions 5 and 9 for provisions about the mediation, conciliation or case appraisal. Limit on CEO's power (4) For the purposes of subparagraph (1)(c)(ii), the CEO must not approve a dispute of a kind prescribed by the rules for the purposes of this subsection. Approval not a legislative instrument (5) An approval under subparagraph (1)(c)(ii) is not a legislative instrument. Division 4—Arbitration of disputes in Anti‑Doping Division or General Division 27 Arbitration of disputes in Anti‑Doping Division or General Division (1) If: (a) an application is made in the circumstances permitted by Division 2, or Subdivision A of Division 3, for arbitration of a dispute; and (b) the application is in accordance with Division 7; the National Sports Tribunal must conduct the arbitration and make a written determination in relation to the dispute. Note 1: See Division 6 for appeals to the Appeals Division of the National Sports Tribunal from the determination. Note 2: See Divisions 8 and 9 for rules about the arbitration. (2) The determination takes effect on the day specified in the determination. (3) The National Sports Tribunal must give the parties to the arbitration written notice of the determination and the reasons for the determination. Termination of arbitration (4) The National Sports Tribunal may terminate the arbitration: (a) if the parties to the arbitration agree to the termination; or (b) if the Tribunal is satisfied that the application for arbitration was vexatious; or (c) if the Tribunal is satisfied that the subject matter of the arbitration is trivial, misconceived or lacking in substance; or (d) in the circumstances prescribed by the rules for the purposes of this paragraph. Suspension of arbitration (5) The National Sports Tribunal may suspend the arbitration in the circumstances prescribed by the rules for the purposes of this subsection. Division 5—Alternative dispute resolution processes 28 Mediation, conciliation or case appraisal of disputes (1) If: (a) an application is made in the circumstances permitted by Subdivision B of Division 3 for mediation, conciliation or case appraisal of a dispute; and (b) the application is in accordance with Division 7; the National Sports Tribunal must conduct the mediation, conciliation or case appraisal of the dispute. (2) The participants in the mediation, conciliation or case appraisal must act in good faith in relation to the conduct of the mediation, conciliation or case appraisal. 29 Practice and procedure of National Sports Tribunal in mediation, conciliation or case appraisal (1) In a mediation, conciliation or case appraisal of a dispute before the National Sports Tribunal, the members of the Tribunal must comply with any determination made by the CEO under subsection (2). (2) The CEO may, by notifiable instrument, make a determination in relation to the practice and procedure of the Tribunal in conducting a mediation, conciliation or case appraisal of a dispute. 30 Evidence not admissible (1) Evidence of anything said, or any act done, in a mediation, conciliation or case appraisal of a dispute before the National Sports Tribunal is not admissible: (a) in any court; or (b) in any arbitration of the dispute by the National Sports Tribunal. Exception (2) Paragraph (1)(b) does not apply in relation to particular evidence if the parties to the arbitration agree to the evidence being admissible at the arbitration. Division 6—Appeals Division Subdivision A—Appealing decisions about anti‑doping matters 31 Appealing determinations made in Anti‑Doping Division Appeals Division recognised by anti‑doping policy (1) If: (a) the National Sports Tribunal makes a determination under section 27 in relation to the arbitration of a dispute as a result of an application under section 22; and (b) the anti‑doping policy concerned permits an appeal to the Appeals Division of the National Sports Tribunal from the determination; a party to the arbitration, or any other person or body permitted by the anti‑doping policy to make such an appeal, may appeal to the National Sports Tribunal from the determination. Appeals Division not recognised by anti‑doping policy (2) If: (a) the National Sports Tribunal makes a determination under section 27 in relation to the arbitration of a dispute as a result of an application under section 22; and (b) the anti‑doping policy concerned does not permit an appeal to the Appeals Division of the National Sports Tribunal from the determination; and (c) the person who made the application, the sporting body and the Sport Integrity Australia CEO have agreed in writing that an appeal is able to be made to the Appeals Division of the National Sports Tribunal from the determination; a party to the arbitration, or any other person or body specified in that agreement as being able to make such an appeal, may appeal to the National Sports Tribunal from the determination. Application (3) An appeal under subsection (1) or (2) is to be made to the National Sports Tribunal by application. Note: See Division 7 for how applications are to be made. Parties to appeal (4) The parties to the appeal are: (a) the parties to the arbitration; and (b) the applicant (where the applicant was not a party to the arbitration); and (c) if the appeal is under subsection (1)—any other person or body: (i) that is permitted by the anti‑doping policy to make an appeal to the Appeals Division of the National Sports Tribunal from the determination; and (ii) that advises the National Sports Tribunal in writing that the person or body wishes to be a party to the appeal; and (d) if the appeal is under subsection (2)—any other person or body: (i) that is specified in the agreement mentioned in paragraph (2)(c) as being able to make an appeal to the Appeals Division of the National Sports Tribunal from the determination; and (ii) that advises the National Sports Tribunal in writing that the person or body wishes to be a party to the appeal. Appeal to be heard in Appeals Division (5) The appeal is to be heard in the Appeals Division of the National Sports Tribunal. Note: See Subdivision C and Divisions 8 and 9 for rules about the appeal. 32 Appealing decisions made by sporting bodies Appeals 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) a dispute arises in relation to the person; and (d) the sporting body makes a decision in relation to the dispute; and (e) the decision is of a kind that the World Anti‑Doping Code provides may be made without a hearing; and (f) the anti‑doping policy permits an appeal to the Appeals Division of the National Sports Tribunal from the decision; the person or Sport Integrity Australia CEO, or any other person or body permitted by the anti‑doping policy to make such an appeal, may appeal to the National Sports Tribunal from the decision. Appeals 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 sporting body makes a decision in relation to the dispute; and (e) the decision is of a kind that the World Anti‑Doping Code provides may be made without a hearing; and (f) the decision is of a kind that the World Anti‑Doping Code permits an appeal from; and (g) the anti‑doping policy does not permit an appeal to the Appeals Division of the National Sports Tribunal from the decision; and (h) the person, the sporting body and the Sport Integrity Australia CEO have agreed in writing that an appeal is able to be made to the Appeals Division of the National Sports Tribunal from the decision; the person or Sport Integrity Australia CEO, or any other person or body specified in that agreement as being able to make such an appeal, may appeal to the National Sports Tribunal from the decision. Application (3) An appeal under subsection (1) or (2) is to be made to the National Sports Tribunal by application. Note: See Division 7 for how applications are to be made. Parties to appeal (4) The parties to the appeal are: (a) the person referred to in paragraph (1)(b) or (2)(b); and (b) the sporting body; and (c) the Sport Integrity Australia CEO; and (d) the applicant (where the applicant is not covered by paragraph (a), (b) or (c)); and (e) if the appeal is under subsection (1)—any other person or body: (i) that is permitted by the anti‑doping policy to make an appeal to the Appeals Division of the National Sports Tribunal from the decision; and (ii) that advises the National Sports Tribunal in writing that the person or body wishes to be a party to the appeal; and (f) if the appeal is under subsection (2)—any other person or body: (i) that is specified in the agreement mentioned in paragraph (2)(h) as being able to make an appeal to the Appeals Division of the National Sports Tribunal from the decision; and (ii) that advises the National Sports Tribunal in writing that the person or body wishes to be a party to the appeal. Appeal to be heard in Appeals Division (5) The appeal is to be heard in the Appeals Division of the National Sports Tribunal. Note: See Subdivision C and Divisions 8 and 9 for rules about the appeal. 33 Appealing decisions made by sporting tribunals Appeals 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) the anti‑doping policy permits disputes of a particular kind to be heard by a sporting tribunal administered by the sporting body; and (c) a dispute of that kind arises in relation to a person; and (d) the person is bound by the anti‑doping policy; and (e) the sporting tribunal makes a decision in relation to the dispute; and (f) the anti‑doping policy permits an appeal to the Appeals Division of the National Sports Tribunal from the decision; the person, Sport Integrity Australia CEO or sporting body, or any other person or body permitted by the anti‑doping policy to make such an appeal, may appeal to the National Sports Tribunal from the decision. Appeals 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) the anti‑doping policy permits disputes of a particular kind to be heard by a sporting tribunal administered by the sporting body; and (c) a dispute of that kind arises in relation to a person; and (d) the person is bound by the anti‑doping policy; and (e) the sporting tribunal makes a decision in relation to the dispute; and (f) the decision is of a kind that the World Anti‑Doping Code permits an appeal from; and (g) the anti‑doping policy does not permit an appeal to the Appeals Division of the National Sports Tribunal from the decision; and (h) the person, the sporting body and the Sport Integrity Australia CEO have agreed in writing that an appeal is able to be made to the Appeals Division of the National Sports Tribunal from the decision; the person, Sport Integrity Australia CEO or sporting body, or any other person or body specified in that agreement as being able to make such an appeal, may appeal to the National Sports Tribunal from the decision. Application (3) An appeal under subsection (1) or (2) is to be made to the National Sports Tribunal by application. Note: See Division 7 for how applications are to be made. Parties to appeal (4) The parties to the appeal are: (a) the person referred to in paragraph (1)(c) or (2)(c); and (b) the sporting body; and (c) the Sport Integrity Australia CEO; and (d) the applicant (where the applicant is not covered by paragraph (a), (b) or (c)); and (e) if the appeal is under subsection (1)—any other person or body: (i) that is permitted by the anti‑doping policy to make an appeal to the Appeals Division of the National Sports Tribunal from the decision; and (ii) that advises the National Sports Tribunal in writing that the person or body wishes to be a party to the appeal; and (f) if the appeal is under subsection (2)—any other person or body: (i) that is specified in the agreement mentioned in paragraph (2)(h) as being able to make an appeal to the Appeals Division of the National Sports Tribunal from the decision; and (ii) that advises the National Sports Tribunal in writing that the person or body wishes to be a party to the appeal. Appeal to be heard in Appeals Division (5) The appeal is to be heard in the Appeals Division of the National Sports Tribunal. Note: See Subdivision C and Divisions 8 and 9 for rules about the appeal. Subdivision B—Appealing decisions about other matters 34 Appealing determinations made in General Division Appeals Division recognised by constituent documents (1) If: (a) the National Sports Tribunal makes a determination under section 27 in relation to the arbitration of a dispute as a result of an application under section 23 or 24; and (b) one or more of the constituent documents concerned permit an appeal to the Appeals Division of the National Sports Tribunal from the determination; a party to the arbitration, or any other person or body permitted by one or more of the constituent documents to make such an appeal, may appeal to the National Sports Tribunal from the determination. Appeals Division not recognised by constituent documents (2) If: (a) the National Sports Tribunal makes a determination under section 27 in relation to the arbitration of a dispute as a result of an application under section 23 or 24; and (b) none of the constituent documents concerned permits an appeal to the Appeals Division of the National Sports Tribunal from the determination; and (c) the parties to the arbitration have agreed in writing that an appeal is able to be made to the Appeals Division of the National Sports Tribunal from the determination; a party to the arbitration, or any other person or body specified in that agreement as being able to make such an appeal, may appeal to the National Sports Tribunal from the determination. Application (3) An appeal under subsection (1) or (2) is to be made to the National Sports Tribunal by application. Note: See Division 7 for how applications are to be made. Parties to appeal (4) The parties to the appeal are: (a) the parties to the arbitration; and (b) the applicant (where the applicant was not a party to the arbitration); and (c) if the appeal is under subsection (1)—any other person or body: (i) that is permitted by one or more of the constituent documents to make an appeal to the Appeals Division of the National Sports Tribunal from the determination; and (ii) that advises the National Sports Tribunal in writing that the person or body wishes to be a party to the appeal; and (d) if the appeal is under subsection (2)—any other person or body: (i) that is specified in the agreement mentioned in paragraph (2)(c) as being able to make an appeal to the Appeals Division of the National Sports Tribunal from the determination; and (ii) that advises the National Sports Tribunal in writing that the person or body wishes to be a party to the appeal. Appeal to be heard in Appeals Division (5) The appeal is to be heard in the Appeals Division of the National Sports Tribunal. Note: See Subdivision C and Divisions 8 and 9 for rules about the appeal. 35 Appealing decisions made by sporting tribunals Appeals Division recognised by constituent documents (1) If: (a) a dispute arises between: (i) a person bound by one or more constituent documents by which a sporting body is constituted or according to which a sporting body operates; and (ii) the sporting body; and (b) a sporting tribunal administered by the sporting body makes a decision in relation to the dispute; and (c) either: (i) the dispute is of a kind prescribed by the rules for the purposes of this subparagraph; or (ii) the dispute is approved by the CEO, in writing, as a dispute to which this section applies; and (d) one or more of the constituent documents permit an appeal to the Appeals Division of the National Sports Tribunal from the decision; the person or sporting body, or any other person or body permitted by one or more of the constituent documents to make such an appeal, may appeal to the National Sports Tribunal from the decision. Appeals Division not recognised by constituent documents (2) If: (a) a dispute arises between: (i) a person bound by one or more constituent documents by which a sporting body is constituted or according to which a sporting body operates; and (ii) the sporting body; and (b) a sporting tribunal administered by the sporting body makes a decision in relation to the dispute; and (c) either: (i) the dispute is of a kind prescribed by the rules for the purposes of this subparagraph; or (ii) the dispute is approved by the CEO, in writing, as a dispute to which this section applies; and (d) none of the constituent documents permits an appeal to the Appeals Division of the National Sports Tribunal from the decision; and (e) the person and the sporting body have agreed in writing that an appeal is able to be made to the Appeals Division of the National Sports Tribunal from the decision; the person or sporting body, or any other person or body specified in that agreement as being able to make such an appeal, may appeal to the National Sports Tribunal from the decision. Application (3) An appeal under subsection (1) or (2) is to be made to the National Sports Tribunal by application. Note: See Division 7 for how applications are to be made. Parties to appeal (4) The parties to the appeal are: (a) the person; and (b) the sporting body; and (c) the applicant (where the applicant is not covered by paragraph (a) or (b)); and (d) if the appeal is under subsection (1)—any other person or body: (i) that is permitted by one or more of the constituent documents to make an appeal to the Appeals Division of the National Sports Tribunal from the decision; and (ii) that advises the National Sports Tribunal in writing that the person or body wishes to be a party to the appeal; and (e) if the appeal is under subsection (2)—any other person or body: (i) that is specified in the agreement mentioned in paragraph (2)(e) as being able to make an appeal to the Appeals Division of the National Sports Tribunal from the decision; and (ii) that advises the National Sports Tribunal in writing that the person or body wishes to be a party to the appeal. Appeal to be heard in Appeals Division (5) The appeal is to be heard in the Appeals Division of the National Sports Tribunal. Note: See Subdivision C and Divisions 8 and 9 for rules about the appeal. Limits on CEO's power (6) For the purposes of subparagraph (1)(c)(ii) or (2)(c)(ii), the CEO must not approve a dispute of a kind prescribed by the rules for the purposes of this subsection. (7) The CEO may give an approval under subparagraph (1)(c)(ii) or (2)(c)(ii) only if the CEO is satisfied that there are exceptional circumstances justifying the giving of the approval. Approval not a legislative instrument (8) An approval under subparagraph (1)(c)(ii) or (2)(c)(ii) is not a legislative instrument. Subdivision C—Arbitration of disputes in Appeals Division 36 Arbitration of disputes in Appeals Division (1) If: (a) an appeal is made in the circumstances permitted by Subdivision A or B from a determination or decision made in relation to a dispute; and (b) the application by which the appeal is made is in accordance with Division 7; the National Sports Tribunal must conduct an arbitration of the dispute and make a written determination in relation to the dispute. Note 1: See Divisions 8 and 9 for rules about the arbitration. Note 2: In many cases, the arbitration of the dispute will be a re‑arbitration of the dispute because of an earlier arbitration of the dispute. (2) A determination under subsection (1) takes effect on the day specified in the determination. (3) The National Sports Tribunal must give the parties to the appeal written notice of the determination under subsection (1) and the reasons for the determination. Termination of arbitration (4) The National Sports Tribunal may terminate the arbitration: (a) if the parties to the appeal agree to the termination; or (b) in the circumstances prescribed by the rules for the purposes of this paragraph. Suspension of arbitration (5) The National Sports Tribunal may suspend the arbitration in the circumstances prescribed by the rules for the purposes of this subsection. Division 7—Making applications 37 Form of applications An application under Division 2, 3 or 6 must: (a) be made in accordance with a form approved, in writing, by the CEO; and (b) be accompanied by the application fee (if any) prescribed by the rules; and (c) contain the information that the form requires; and (d) set out the reasons for the application; and (e) satisfy any other requirement prescribed by the rules for the purposes of this paragraph. 38 Time limit on applications (1) This section sets out the timing rules for making an application under Division 2, 3 or 6. Anti‑Doping Division (2) Subject to subsection (5), for an application under Division 2: (a) if the anti‑doping policy concerned specifies a period within which an application may be made to the Anti‑Doping Division of the National Sports Tribunal for arbitration of the dispute—the application must be made before the end of that period; or (b) in any other case—the application must be made before the end of the period (if any) worked out in accordance with the rules prescribed for the purposes of this paragraph. General Division (3) Subject to subsection (5), for an application under Subdivision A of Division 3: (a) if a constituent document concerned specifies a period within which an application may be made to the General Division of the National Sports Tribunal for arbitration of the dispute—the application must be made before the end of that period; or (b) in any other case—the application must be made before the end of the period (if any) worked out in accordance with the rules prescribed for the purposes of this paragraph. Appeals Division (4) Subject to subsection (5), for an application under Division 6: (a) if the anti‑doping policy concerned or a constituent document concerned specifies a period within which an appeal may be made to the Appeals Division of the National Sports Tribunal from the determination or decision—the application must be made before the end of that period; or (b) in any other case—the application must be made before the end of the period worked out in accordance with the rules prescribed for the purposes of this paragraph. Limit of period of operation of National Sports Tribunal (5) Any application under Division 2 or 3 or section 32, 33 or 35 must be made before the end of the following number of years beginning on the day this section commences: (a) 2 years; (b) if the rules prescribe a larger number of years for the purposes of this paragraph—that number of years. Division 8—Manner of conducting arbitration 39 Scope of Division This Division applies in relation to an arbitration of a dispute before the National Sports Tribunal. 40 General principles relating to arbitration (1) In the arbitration: (a) the procedure of the Tribunal is, subject to this Act, within the discretion of the Tribunal; and (b) the arbitration must be conducted with as little formality and technicality, with as much expedition and at the least cost to the parties as a proper consideration of the matters before the Tribunal permit; and (c) the Tribunal is not bound by the rules of evidence but may inform itself on any matter in such manner as it thinks appropriate. (2) The parties must act in good faith in relation to the conduct of the arbitration. 41 CEO's determination about practice and procedure of National Sports Tribunal in arbitration (1) In the arbitration, the members of the Tribunal must comply with any determination made by the CEO under subsection (2). (2) The CEO may, by notifiable instrument, make a determination in relation to the practice and procedure of the Tribunal in conducting an arbitration of a dispute. (3) Without limiting subsection (2), a determination under that subsection may deal with one or more of the following: (a) the making of either or both of oral and written submissions; (b) requiring parties to provide further information; (c) the representation of parties; (d) the giving of notices under section 42; (e) the calling of witnesses to give evidence; (f) the taking of evidence on oath or affirmation and the administering of oaths or affirmations; (g) payments to witnesses (including for the preparation of reports by expert witnesses); (h) timing rules for doing things in the course of an arbitration; (i) the circumstances in which hearings are or are not to be held; (j) the conduct of hearings (including when hearings are to be conducted in private); (k) the identification, and protection, of confidential information provided to the Tribunal; (l) the giving of directions by members; (m) the circumstances in which the Tribunal may proceed in the absence of a party who has had reasonable notice of an arbitration; (n) the circumstances in which determinations of the Tribunal, and reasons for the determinations, are to be published or not published (including the circumstances in which information is to be de‑identified). Note: Different matters may be determined for dealing with disputes in the Anti‑Doping Division, the General Division and the Appeals Division and for dealing with different kinds of disputes in those Divisions (see subsection 33(3A) of the Acts Interpretation Act 1901). (4) Despite subsection 14(2) of the Legislation Act 2003, a determination under subsection (2) of this section may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing as in force or existing from time to time. 42 Members may give notices Evidence (1) If a member constituting the National Sports Tribunal for the purposes of dealing with a dispute before the Tribunal reasonably believes that a person is capable of giving evidence relevant to the dispute, the member may, by notice in writing given to the person, require the person to appear before the Tribunal to give evidence on the day, and at the time and place, specified in the notice. Giving information or producing documents or things (2) If a member constituting the National Sports Tribunal for the purposes of dealing with a dispute before the Tribunal reasonably believes that a person has information, documents or things relevant to the dispute, the member may, by notice in writing given to the person, require the person: (a) to give the information specified in the notice to the Tribunal in accordance with the notice; or (b) to produce the documents or things specified in the notice to the Tribunal in accordance with the notice. Notice requirements (3) A notice under subsection (1) or (2): (a) must ensure that the person has at least 14 days to comply with the notice; and (b) must set out the consequences of the person not complying with the notice. 43 Failure to comply with notice Offence (1) A person commits an offence if: (a) the person is given a notice under section 42; and (b) the person fails to comply with the notice. Penalty: Imprisonment for 12 months. Civil penalty (2) A person contravenes this subsection if: (a) the person is given a notice under section 42; and (b) the person fails to comply with the notice. Civil penalty: 60 penalty units. 44 Refusal to be sworn or to answer questions Oath or affirmation (1) A person commits an offence if: (a) the person appears as a witness before the National Sports Tribunal; and (b) a member has required the person to take an oath or make an affirmation; and (c) the person fails to take the oath or make the affirmation. Penalty: Imprisonment for 12 months. (2) A person contravenes this subsection if: (a) the person appears as a witness before the National Sports Tribunal; and (b) a member has required the person to take an oath or make an affirmation; and (c) the person fails to take the oath or make the affirmation. Civil penalty: 60 penalty units. Questions (3) A person commits an offence if: (a) the person appears as a witness before the National Sports Tribunal; and (b) a member has required the person to answer a question; and (c) the person fails to answer the question. Penalty: Imprisonment for 12 months. (4) A person contravenes this subsection if: (a) the person appears as a witness before the National Sports Tribunal; and (b) a member has required the person to answer a question; and (c) the person fails to answer the question. Civil penalty: 60 penalty units. 45 False or misleading evidence A person commits an offence if: (a) the person appears as a witness before the National Sports Tribunal; and (b) the person gives evidence; and (c) the person does so knowing that the evidence is false or misleading. Penalty: Imprisonment for 12 months. Division 9—Costs 46 Charging costs of an arbitration The rules may make provision for and in relation to the CEO: (a) charging one or more of the parties to an arbitration, or to an appeal where an arbitration is conducted, for the costs in conducting the arbitration; and (b) apportioning the charge between one or more of the parties; and (c) waiving the whole or a part of the charge. Note: A charge must not be such as to amount to taxation: see paragraph 75(2)(c). 47 Charging costs of alternative dispute resolution processes The rules may make provision for and in relation to the CEO: (a) charging the participants in a mediation, conciliation or case appraisal of a dispute for the costs in conducting the mediation, conciliation or case appraisal; and (b) apportioning the charge between the participants; and (c) waiving the whole or a part of the charge. Note: A charge must not be such as to amount to taxation: see paragraph 75(2)(c). Division 10—Civil penalty provisions 48 Civil penalty provisions Enforceable civil penalty provisions (1) Each civil penalty provision of this Act is enforceable under Part 4 of the Regulatory Powers Act. Note: Part 4 of the Regulatory Powers Act allows a civil penalty provision to be enforced by obtaining an order for a person to pay a pecuniary penalty for the contravention of the provision. Authorised applicant (2) For the purposes of Part 4 of the Regulatory Powers Act, the CEO, on behalf of the Commonwealth, is an authorised applicant in relation to the civil penalty provisions of this Act. (3) The CEO may, in writing, delegate to an SES employee, or an acting SES employee, in the Department the CEO's powers and functions as an authorised applicant in relation to the civil penalty provisions of this Act. (4) A delegate must comply with any written directions of the CEO. Relevant court (5) For the purposes of Part 4 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the civil penalty provisions of this Act: (a) the Federal Court of Australia; (b) the Federal Circuit and Family Court of Australia (Division 2). Division 11—Infringement notices 49 Infringement notices Provisions subject to an infringement notice (1) A civil penalty provision of this Act is subject to an infringement notice under Part 5 of the Regulatory Powers Act. Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions. Infringement officer (2) For the purposes of Part 5 of the Regulatory Powers Act, the CEO is an infringement officer in relation to the provisions mentioned in subsection (1). Relevant chief executive (3) For the purposes of Part 5 of the Regulatory Powers Act, the CEO is the relevant chief executive in relation to the provisions mentioned in subsection (1). Delegation by CEO (4) The CEO may, in writing, delegate to an SES employee, or an acting SES employee, in the Department the CEO's powers and functions as an infringement officer or as the relevant chief executive in relation to the provisions mentioned in subsection (1). (5) A delegate must comply with any written directions of the CEO. Part 4—Administration of the National Sports Tribunal Division 1—Simplified outline of this Part 50 Simplified outline of this Part • There is a Chief Executive