Commonwealth: Sport Integrity Australia Act 2020 (Cth)

Sport Integrity Australia Act 2020 No. 6, 2006 Compilation No. 18 Compilation date: 4 November 2021 Includes amendments up to: Act No. 117, 2021 Registered: 16 November 2021 About this compilation This compilation This is a compilation of the Sport Integrity Australia Act 2020 that shows the text of the law as amended and in force on 4 November 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 Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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—Introduction 1 Short title 2 Commencement 3 Simplified outline of this Act 3A Object of this Act 4 Definitions 5 When is there a vacancy? 6 Crown to be bound 7 Extension to external Territories 8 Extra‑territorial application Part 2—National Anti‑Doping Scheme Division 1A—Simplified outline of this Part 8A Simplified outline of this Part Division 1—Making and amending the NAD scheme 9 Making the National Anti‑Doping Scheme 10 Amending the National Anti‑Doping Scheme 11 Public consultation 12 Use of relevant international anti‑doping instruments Division 2—What must be in the NAD scheme 13 Anti‑doping rules etc. relating to certain athletes, support persons and non‑participants 13A Power to require information or documents to be given 13B CEO may retain and copy documents etc. 13C Failure to comply with disclosure notice 13D Self‑incrimination 14 Rights of athletes, support persons and non‑participants 15 Sporting administration body rules 16 Matters required by the regulations Division 3—Miscellaneous 17 NAD scheme may deal with other matters 18 Decisions under the NAD scheme 19 Fees Part 2A—Violations List 19AA Simplified outline of this Part 19A Violations List Part 3—Sport Integrity Australia's establishment and function 20 Simplified outline of this Part 20A Establishment of Sport Integrity Australia 20B Constitution of Sport Integrity Australia 20C Sport Integrity Australia's function 20CAA Sport Integrity Australia has privileges and immunities of the Crown Part 3A—Chief Executive Officer Division 1A—Simplified outline of this Part 20CA Simplified outline of this Part Division 1—CEO's functions and powers 20D Chief Executive Officer 21 CEO's functions 22 CEO's powers 24 Minister may give directions to the CEO Division 2—Appointment of CEO 24A Appointment of CEO 24B Period of appointment for CEO 24C Acting CEO Division 3—Terms and conditions for CEO 24D Remuneration 24F Outside employment 24G Leave of absence 24H Resignation 24J Termination of appointment 24K Other terms and conditions Division 4—Sport Integrity Australia's staff etc. 24L Staff 24M Persons assisting the CEO 24MA Consultants Division 5—Delegation 24N Delegation by the CEO Part 4—Sport Integrity Australia Advisory Council Division 1—Simplified outline of this Part 25 Simplified outline of this Part Division 2—Establishment and functions of the Sport Integrity Australia Advisory Council 26 Establishment of the Sport Integrity Australia Advisory Council 27 Functions of the Advisory Council Division 3—Membership of the Advisory Council 28 Membership of the Advisory Council 29 Appointment of Advisory Council members 30 Acting appointments 31 Remuneration and allowances 32 Leave of absence 33 Disclosure of interests to the Minister 34 Resignation 35 Termination of appointment 36 Other terms and conditions Division 4—Ministerial directions 37 Directions Part 6—Application of the finance law 50FA Simplified outline of this Part 50F Application of the finance law Part 7—Australian Sports Drug Medical Advisory Committee Division 1A—Simplified outline of this Part 51A Simplified outline of this Part Division 1—ASDMAC's establishment and functions 51 Establishment of ASDMAC 52 ASDMAC's functions Division 2—ASDMAC's membership 53 ASDMAC's membership 54 Appointment of ASDMAC members 55 Period of appointment for ASDMAC members 56 Acting ASDMAC members Division 3—Terms and conditions for ASDMAC members 57 Remuneration 58 Standing obligation to disclose interests 59 Obligation to disclose interests before deliberating on or deciding a particular matter 60 Limits on activities of ASDMAC members 61 Leave of absence 62 Resignation 63 Termination of appointment 64 Other terms and conditions Division 4—Decision‑making and delegation by ASDMAC 65 Decision‑making by ASDMAC 66 Delegation by ASDMAC Part 8—Information management 67A Simplified outline of this Part 67 Secrecy 68 Disclosure for the purposes of this Act etc. 68A Disclosure with consent 68B Disclosures to certain bodies and persons 68C Disclosure to reduce threat to life or health 68D Disclosure of publicly available information 68E Disclosure to respond to public comments 69 Entrusted persons 70 Designated associates Part 8A—Civil penalty provisions 71 Simplified outline of this Part 72 Civil penalty provisions Part 8B—Infringement notices 73A Simplified outline of this Part 73B Infringement notices Part 9—Other matters 74AA Simplified outline of this Part 74 Annual report 75 CEO may request information or documents 78 Protection from civil actions 79 Regulations Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act to establish Sport Integrity Australia, and for other purposes Part 1—Introduction 1 Short title This Act may be cited as the Sport Integrity Australia Act 2020. 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 Provision(s) Commencement Date/Details 1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table The day on which this Act receives the Royal Assent. 7 March 2006 2. Sections 3 to 79 A single day to be fixed by Proclamation. 13 March 2006 However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period. (see F2006L00764) Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent. (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act. 3 Simplified outline of this Act This Act establishes Sport Integrity Australia. It assists the CEO of Sport Integrity Australia. The CEO has functions in relation to matters relating to sports integrity, including threats to sports integrity. This Act requires the making of a scheme called the National Anti‑Doping Scheme (known as the NAD scheme). The NAD scheme implements the General Anti‑Doping Convention and the UNESCO Anti‑Doping Convention. Certain matters must be in the NAD scheme (see Division 2 of Part 2). The CEO maintains the Violations List, which contains information about certain persons who have been sanctioned in relation to an anti‑doping rule violation. This Act also creates the Australian Sports Drug Medical Advisory Committee (known as the ASDMAC). The ASDMAC has various functions, including those conferred on the ASDMAC by the NAD scheme (see section 52). The ASDMAC also gives advice and information to the CEO about sports doping and safety matters, and gives information to sporting administration bodies about individual cases that involve sports doping and safety matters. This Act contains provisions about disclosing information obtained under or for the purposes of this Act or a legislative instrument made under this Act (see Part 8). 3A Object of this Act The object of this Act is to establish Sport Integrity Australia to prevent and address threats to sports integrity and to coordinate a national approach to matters relating to sports integrity in Australia, with a view to: (a) achieving fair and honest sporting performances and outcomes; and (b) promoting positive conduct by athletes, administrators, officials, supporters and other stakeholders, on and off the sporting arena; and (c) achieving a safe, fair and inclusive sporting environment at all levels; and (d) enhancing the reputation and standing of sporting contests and of sport overall. 4 Definitions In this Act: Advisory Council means the Sport Integrity Australia Advisory Council established by section 26. Advisory Council Chair means the Chair of the Advisory Council. Advisory Council member means a member of the Advisory Council and includes the Advisory Council Chair. anti‑doping rules has the meaning given by the NAD scheme. anti‑doping rule violation means a violation of an anti‑doping rule. anti‑doping testing service means a service for testing one or more athletes for the use of drugs or doping methods, where the testing is by means of testing a sample provided by each athlete. ASC means the Australian Sports Commission. ASDMAC means the Australian Sports Drug Medical Advisory Committee. ASDMAC Chair means the Chair of the Australian Sports Drug Medical Advisory Committee. ASDMAC member means a member of the Australian Sports Drug Medical Advisory Committee, and includes the ASDMAC Chair. ASDMAC primary member means an ASDMAC member referred to in paragraph 53(b). ASDMAC review member means an ASDMAC member referred to in paragraph 53(c). athlete means a person: (a) who competes in sport or who has at any time in the last 6 months competed in sport; and (b) who is subject to the NAD scheme. Australia, when used in a geographical sense, includes the external Territories. CEO means the Chief Executive Officer of Sport Integrity Australia appointed in accordance with section 24A. 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. contract includes a deed. designated associate has the meaning given by section 70. disclose means divulge or communicate. disclosure notice has the meaning given by subsection 13A(1). doping method includes: (a) the manipulation or substitution of any human biological material in a manner that is capable of concealing the use of a drug by the individual concerned; and (b) the use of a substance in a manner that is capable of concealing the use of a drug by the individual concerned; and (c) a prohibited method within the meaning of the World Anti‑Doping Code; and (d) if the UNESCO Anti‑Doping Convention has entered into force for Australia—a prohibited method within the meaning of that Convention. drug includes: (a) any substance (whether naturally occurring or otherwise); and (b) a prohibited substance within the meaning of the World Anti‑Doping Code; and (c) if the UNESCO Anti‑Doping Convention has entered into force for Australia—a prohibited substance within the meaning of that Convention. entrusted person has the meaning given by section 69. foreign country includes a region where: (a) the region is a colony, territory or protectorate of a foreign country; or (b) the region is part of a foreign country; or (c) the region is under the protection of a foreign country; or (d) a foreign country exercises jurisdiction or control over the region; or (e) a foreign country is responsible for the region's international relations. foreign sporting organisation means: (a) a Department of State of a foreign country, or a government agency in a foreign country, that oversees sport in that country; or (b) a national sporting organisation of a foreign country; or (c) an organisation established in a foreign country for the purpose of discouraging or eliminating the use of drugs and doping methods in sport; or (d) a recognised laboratory in a foreign country; or (e) an International Sporting Federation. General Anti‑Doping Convention means: (a) the Anti‑Doping Convention, done at Strasbourg on 16 November 1989 [1994] ATS 33; 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 text of the Convention is set out in Australian Treaty Series 1994 No. 33. In 2005, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au). ineligibility means an athlete or other person being barred on account of an anti‑doping rule violation for a specified period of time from participating in any competition or other activity or funding as provided in Article 10.14 of the World Anti‑Doping Code. International Olympic Committee means the organisation created by the Congress of Paris on 23 June 1894, being the organisation entrusted with the control and development of the modern Olympic Games. International Sporting Federation, in relation to a particular type of sporting event or sporting activity, means a body having international control over that sport or sporting event. International Standard means a standard adopted by WADA in support of the World Anti‑Doping Code, including any technical documents issued pursuant to the standard. matter relating to sports integrity includes a sports doping and safety matter. NAD scheme or National Anti‑Doping Scheme means: (a) the scheme prescribed for the purposes of section 9; or (b) if the scheme has been amended under section 10—the scheme as so amended. national sporting organisation, in relation to a particular sport, means: (a) in respect of Australia: (i) 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 (ii) whether or not there is an International Sporting Federation that has international control over the sport—a sporting organisation that is recognised by the ASC as being responsible for administering the affairs of the sport, or of a substantial part or section of the sport, in Australia; or (b) in respect of a foreign country: (i) 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 that country; or (ii) if there is no International Sporting Federation that has international control over the sport—a sporting organisation that is generally recognised as being responsible for administering the affairs of the sport, or of a substantial part or section of the sport, in that country. non‑participant means a person: (a) who is neither an athlete nor a support person; and (b) who is bound by a sporting administration body's anti‑doping policy. protected information means information that: (a) was obtained under or for the purposes of this Act or a legislative instrument made under this Act; and (b) relates to the affairs of a person (other than an entrusted person); and (c) identifies, or is reasonably capable of being used to identify, the person. publish means publish on the internet or otherwise. recognised laboratory means: (a) a laboratory that WADA recognises as an accredited laboratory for the purpose of testing for drugs and doping methods in sport; or (b) a laboratory approved by WADA. registered medical practitioner means a medical practitioner within the meaning of: (a) for a State or Territory other than Western Australia—the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 (Qld), as it applies (with or without modification) as a law of the State or Territory; or (b) for Western Australia—the Health Practitioner Regulation National Law (WA) Act 2010 (WA), so far as that Act corresponds to the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 (Qld). Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014. relevant international anti‑doping instrument means: (a) the World Anti‑Doping Code; or (b) an International Standard; or (c) an international agreement to which Australia is a party, if the agreement is prescribed by the regulations for the purposes of this definition. sample means any human biological material. sporting administration body means: (a) the International Olympic Committee; or (b) WADA; or (c) a National Anti‑Doping Organization as defined in the World Anti‑Doping Code; or (d) a foreign sporting organisation; or (e) a national sporting organisation; or (f) a sporting organisation; or (g) a tribunal, committee or other investigative body that is associated with a body referred to in one or more of paragraphs (a) to (f); or (h) the ASC; but does not include Sport Integrity Australia. sporting competition means a sporting event or a series of sporting events. sporting event includes any sporting activity. sporting organisation includes an organisation that: (a) has control in Australia, a foreign country or internationally of one or more sports or sporting events; or (b) organises or administers one or more sports or sporting events; or (c) accredits people to take part in sporting competition; or (d) provides teams to compete in sporting competition; or (e) trains, or provides finance for, people to take part in sporting competition. sports doping and safety matter means: (a) a matter relating to drugs and/or doping methods in one or more sporting activities; or (b) a matter relating to the safety of athletes. sports integrity means the manifestation of the ethics and values that promote community confidence in sport. support person means an athlete support person within the meaning of the World Anti‑Doping Code. threats to sports integrity include: (a) the manipulation of sporting competitions; and (b) the use of drugs or doping methods in sport; and (c) the abuse of children and other persons in a sporting environment; and (d) the failure to protect members of sporting organisations, and other persons in a sporting environment, from bullying, intimidation, discrimination or harassment. UNESCO Anti‑Doping Convention 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: In 2005, the text of the final draft of the UNESCO International Convention Against Doping in Sport was accessible through the UNESCO website (www.unesco.org). vacancy, in relation to: (a) the office of an Advisory Council member; or (b) the office of an ASDMAC primary member; has a meaning affected by section 5. violation means breach. Violations List means the list established under section 19A, as in force from time to time. WADA means the World Anti‑Doping Agency established in November 1999 under the law of Switzerland. Note: WADA was established following a resolution by the World Conference on Doping in Sport convened by the International Olympic Committee in Lausanne in February 1999. World Anti‑Doping Code means: (a) the World Anti‑Doping Code adopted by the Foundation Board of WADA on 5 March 2003 at Copenhagen; or (b) if the Code has been amended—the Code as so amended. Note: In 2005, the text of the World Anti‑Doping Code was accessible through the website of the World Anti‑Doping Agency (www.wada‑ama.org). 5 When is there a vacancy? (1) For the purposes of a reference in: (a) this Act to a vacancy in the office of an Advisory Council member; or (b) the Acts Interpretation Act 1901 to a vacancy in the membership of a body; there are taken to be 10 offices of Advisory Council members in addition to the Advisory Council Chair. (2) For the purposes of a reference in: (a) this Act to a vacancy in the office of an ASDMAC primary member; or (b) the Acts Interpretation Act 1901 to a vacancy in the membership of a body; there are taken to be 6 offices of ASDMAC primary members. 6 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. 7 Extension to external Territories This Act extends to every external Territory. 8 Extra‑territorial application This Act extends to acts, omissions, matters and things outside Australia (unless the contrary intention appears). Part 2—National Anti‑Doping Scheme Division 1A—Simplified outline of this Part 8A Simplified outline of this Part The regulations must prescribe a scheme, known as the NAD scheme. The NAD scheme implements the General Anti‑Doping Convention and the UNESCO Anti‑Doping Convention. Certain matters must be in the NAD scheme (see Division 2). For example, the NAD scheme must: (a) contain the anti‑doping rules; and (b) authorise the CEO to test samples provided by athletes; and (c) authorise the CEO to investigate possible violations of the anti‑doping rules; and (d) contain rules (known as sporting administration body rules) that are applicable to certain sporting administration bodies. The NAD scheme must authorise the CEO to give a person a disclosure notice in certain circumstances. A disclosure notice can require a person to attend an interview to answer questions, to give specified information, or to produce specified documents or things. There are consequences for failing to comply with a disclosure notice (see section 13C). The NAD scheme must comply with certain rights of athletes, support persons and non‑participants. These include notification rights. Division 1—Making and amending the NAD scheme 9 Making the National Anti‑Doping Scheme The regulations must prescribe a scheme about any or all of the following matters: (a) the implementation of the General Anti‑Doping Convention; (b) if the UNESCO Anti‑Doping Convention has entered into force for Australia—the implementation of that Convention; (c) ancillary or incidental matters. Note: For NAD scheme or National Anti‑Doping Scheme, see section 4. 10 Amending the National Anti‑Doping Scheme (1) The CEO may, by legislative instrument, amend the NAD scheme, so long as: (a) the amendment relates to any or all of the following matters: (i) the classes of athletes who are subject to the NAD scheme; (ii) the meaning of support person for the purposes of the NAD scheme; (iia) the classes of non‑participants who are subject to the NAD scheme; (iii) a request to an athlete to keep the CEO informed of where the athlete can be found; (iv) the things that an athlete may do before providing a sample; (v) the things that the CEO may do with a sample; (vi) the disclosure of information, other than information included in the Violations List, that relates, or appears to relate, to a person in connection with a possible breach of the anti‑doping rules; (vii) a matter that is ancillary or incidental to one or more of the matters mentioned in subparagraphs (i) to (vi); and (b) the amended NAD scheme is about any or all of the following matters: (i) the implementation of the General Anti‑Doping Convention or the UNESCO Anti‑Doping Convention; (ii) a matter that is ancillary or incidental to one or both of the matters mentioned in subparagraph (i). Note: For public consultation requirements, see section 11. (2) To avoid doubt, the regulations may also amend the NAD scheme in relation to a matter mentioned in paragraph (1)(a). 11 Public consultation (1) Before making an instrument under subsection 10(1) amending the NAD scheme, the CEO must: (a) publish a draft of the instrument and invite people to make submissions to Sport Integrity Australia on the draft; and (b) consider any submissions that are received within the time limit specified by the CEO when he or she published the draft. (2) The time limit specified by the CEO when he or she publishes the draft must be at least 28 days after the day of publication. (3) A failure to comply with this section does not affect the validity of the instrument. 12 Use of relevant international anti‑doping instruments (1) The NAD scheme may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in a relevant international anti‑doping instrument: (a) as in force or existing at a particular time; or (b) as in force or existing from time to time. (2) Subsection (1) has effect despite anything in subsection 14(2) of the Legislation Act 2003. (3) Subsection (1) has effect subject to sections 9 and 10. Division 2—What must be in the NAD scheme 13 Anti‑doping rules etc. relating to certain athletes, support persons and non‑participants (1) The NAD scheme must: (a) provide that one or more specified classes of persons who compete in sport, or who have at any time in the last 6 months competed in sport, are subject to the NAD scheme; and (aa) provide that one or more specified classes of support persons are subject to the NAD scheme; and (ab) provide that all non‑participants, or that one or more specified classes of non‑participants, are subject to the NAD scheme; and (b) contain the anti‑doping rules; and (c) authorise the CEO to request an athlete to keep Sport Integrity Australia informed of where the athlete can be found; and (d) authorise the CEO to request an athlete to provide a sample; and (e) authorise the CEO to test, or arrange the testing of, samples so provided; and (ea) authorise the CEO to request a specified person to do one or more of the following within a specified period: (i) attend an interview to answer questions; (ii) give information of a specified kind; (iii) produce documents or things of a specified kind; if the CEO reasonably believes that the person has information, documents or things that may be relevant to the administration of the NAD scheme; and (f) authorise the CEO to investigate possible violations of the anti‑doping rules; and (g) authorise the CEO to disclose information, documents or things obtained in relation to the administration of the NAD scheme (including information obtained during investigations of possible violations of the anti‑doping rules) for the purposes of, or in connection with, that administration; and (h) authorise the CEO to make assertions relating to investigations referred to in paragraph (f); and (j) authorise the CEO to notify athletes, support persons, non‑participants and sporting administration bodies of such assertions; and (ja) authorise the CEO to provide recommendations to sporting administration bodies as to the consequences of such assertions; and (k) authorise the CEO to present: (i) such assertions; and (ii) additional information; at hearings of the Court of Arbitration for Sport, the National Sports Tribunal and other sporting tribunals, either: (iii) at the request of a sporting administration body; or (iv) on the CEO's own initiative; and (m) authorise the CEO to publish information relating to such assertions if: (i) the CEO considers the publication to be in the public interest; or (ia) the publication is required or permitted by the World Anti‑Doping Code; or (ii) the athlete, support person or non‑participant to whom the information relates has consented to the publication; and the other conditions (if any) specified in the NAD scheme for the purposes of this paragraph are satisfied. Note: The NAD scheme may make different provision with respect to different matters or different classes of matters (see subsection 33(3A) of the Acts Interpretation Act 1901). (2) The anti‑doping rules may deal with matters arising before or after the commencement of this section. (3) The NAD scheme must include a provision (a limitations provision) to the effect that an action may be commenced against an athlete, support person or non‑participant in relation to a possible violation of the anti‑doping rules within 10 years after the violation is alleged to have occurred. (4) The limitations provision prevails over a law of a State or Territory, to the extent of any inconsistency. 13A Power to require information or documents to be given (1) The NAD scheme must authorise the CEO to give a person a written notice (a disclosure notice) requiring the person to do one or more of the following within the period specified in the notice: (a) attend an interview to answer questions; (b) give information of the kind specified in the notice; (c) produce documents or things of the kind specified in the notice. (1A) The NAD scheme must provide that the CEO must not give a disclosure notice to a person unless: (a) the CEO declares in writing that the CEO reasonably believes that the person has information, documents or things that may be relevant to the administration of the NAD scheme; and (b) if: (i) the person is a registered medical practitioner; and (ii) the notice is given to the person in his or her capacity as a registered medical practitioner; the CEO declares in writing that the CEO reasonably believes that the person has been involved, in that capacity, in the commission, or attempted commission, of a possible violation of the anti‑doping rules. (2) The NAD scheme may make provision in relation to: (a) disclosure notices; and (b) the form and conduct of interviews; and (c) the form in which information, documents, things and answers to questions must or may be given. (3) Without limiting subsection (2), the NAD scheme must provide that a person who is given a disclosure notice has the right to be notified in writing of the possible consequences of a failure to comply with the disclosure notice. 13B CEO may retain and copy documents etc. Inspecting and making copies of documents (1) The CEO may: (a) inspect a document produced in response to a disclosure notice; and (b) make and retain copies of, or take and retain extracts from, such a document. Retaining documents and things (2) The CEO may take, and retain for as long as is necessary, possession of a document or thing produced in response to a disclosure notice. (3) While the CEO retains the document or thing, he or she must allow a person who would otherwise be entitled to inspect the document or view the thing to do so at such times and places as the CEO thinks appropriate. 13C Failure to comply with disclosure notice Failure to give information or produce documents in time (1) A person contravenes this subsection if: (a) the person is given a disclosure notice; and (b) the notice requires the person to: (i) give information; or (ii) produce documents or things; of a kind specified in the notice; and (c) the person fails to comply with the notice within the period specified in the notice. Civil penalty: 60 penalty units. (2) Subsection (1) does not apply if the person gives the CEO a statutory declaration stating that: (a) the person does not possess the information, document or thing; and (b) the person has taken all reasonable steps available to the person to obtain the information, document or thing and has been unable to obtain it. Note: A person bears an evidential burden in relation to a matter in subsection (2) (see section 96 of the Regulatory Powers Act). Failure to attend interview (3) A person contravenes this subsection if: (a) the person is given a disclosure notice; and (b) the notice requires the person to attend an interview to answer questions; and (c) the person fails to comply with the notice. Civil penalty: 60 penalty units. Failure to answer questions (4) A person contravenes this subsection if: (a) the person is given a disclosure notice; and (b) the notice requires the person to attend an interview to answer questions; and (c) the person refuses or fails to answer a question. Civil penalty: 60 penalty units. 13D Self‑incrimination (1) A person is not excused from answering a question, giving information or producing a document or thing as required by a disclosure notice given to the person on the ground that the answer to the question, the information or the production of the document or thing might tend to incriminate the person or expose the person to a penalty. (2) However, in the case of an individual: (a) the answer given, the information given or the document or thing produced; and (b) answering the question, giving the information or producing the document or thing; and (c) any information, document or thing obtained as a direct or indirect consequence of the answering of the question, giving the information or producing the document or thing; are not admissible in evidence against the individual in any proceedings, other than: (d) proceedings for an offence against section 137.1 or 137.2 of the Criminal Code that relates to this Act; or (e) proceedings in connection with this Act or the regulations. (3) To avoid doubt, proceedings (however described) before a sporting administration body, the Court of Arbitration for Sport, the National Sports Tribunal or other sporting tribunal that relate to sports doping and safety matters are proceedings in connection with this Act or the regulations. 14 Rights of athletes, support persons and non‑participants (1) The NAD scheme must comply with the rights of athletes, support persons and non‑participants set out in subsections (2) and (3). Rights (2) An athlete has a right to be notified orally, or in writing, of the possible consequences of a failure to comply with a request by the CEO: (a) to provide a sample; or (aa) to attend an interview to answer questions; or (ab) to give information; or (ac) to produce documents or things; or (b) to keep Sport Integrity Australia informed of where the athlete can be found. (3) If the CEO proposes to make an assertion relating to an investigation of a possible violation of the anti‑doping rules by an athlete, support person or non‑participant: (a) the athlete, support person or non‑participant has a right to be notified in writing about the proposal; and (b) the athlete, support person or non‑participant has a right to make written submissions to the CEO about the proposal; and (c) the athlete, support person or non‑participant has a right to be notified in writing of a decision of the CEO to make such an assertion. Waiver of rights (5) The NAD scheme may allow an athlete, support person or non‑participant to waive a right under the NAD scheme. However, the NAD scheme must not allow waiver of a right to apply to a court, tribunal or other body or person for review of a decision under the NAD scheme. 15 Sporting administration body rules (1) The NAD scheme must: (a) contain rules (the sporting administration body rules) that: (i) are applicable to one or more specified sporting administration bodies; and (ii) relate to the anti‑doping rules; and (b) authorise the CEO to monitor the compliance by sporting administration bodies with the sporting administration body rules; and (c) authorise the CEO to notify the ASC about the extent of such compliance by sporting administration bodies other than the ASC; and (d) authorise the CEO to publish reports about the extent of compliance by sporting administration bodies with the sporting administration body rules. Note: The NAD scheme may make different provision with respect to different matters or different classes of matters (see subsection 33(3A) of the Acts Interpretation Act 1901). (2) The following are examples of sporting administration body rules: (a) rules about promoting compliance with the anti‑doping rules by athletes, support persons and non‑participants; (b) rules about referring possible violations of the anti‑doping rules to Sport Integrity Australia; (c) rules about assisting, and giving information to, Sport Integrity Australia in relation to investigations of possible violations of the anti‑doping rules; (d) rules about taking action in response to the CEO's assertions relating to such investigations; (e) rules about hearings and appeals arising from such assertions. 16 Matters required by the regulations The regulations may provide that the NAD scheme must deal with specified matters. Division 3—Miscellaneous 17 NAD scheme may deal with other matters Division 2 does not limit the matters in relation to which the NAD scheme may make provision. 18 Decisions under the NAD scheme The NAD scheme may make provision in relation to a matter by conferring a power to make a decision of an administrative character on any or all of the following: (a) the CEO; (b) the ASDMAC; (c) a body specified in regulations made for the purposes of this paragraph. 19 Fees (1) The NAD scheme may authorise either or both of the following: (a) the CEO to charge fees for performing his or her functions under the NAD scheme; (b) the ASDMAC to charge fees for performing its functions under the NAD scheme. (2) A fee: (a) must not be such as to amount to taxation; and (b) is payable to the Commonwealth. Part 2A—Violations List 19AA Simplified outline of this Part This Part requires the CEO to establish and maintain a list, known as the Violations List. If the CEO becomes aware that an athlete, support person or non‑participant has been sanctioned by a sporting administration body in relation to an anti‑doping rule violation, the CEO must generally include certain information in the Violations List in relation to the violation. The information includes details about the person, and the nature and consequences of the violation. The CEO may also include other information. The Violations List is to be made available for public inspection on the internet. 19A Violations List (1) The CEO must establish and maintain a list, to be known as the Violations List. (2) If the CEO becomes aware that an athlete, support person or non‑participant has been sanctioned by a sporting administration body in relation to an anti‑doping rule violation, and: (a) the time within which any appeal in relation to the sanction may be instituted has expired, and no such appeal has been instituted; or (b) any appeal in relation to the sanction has been completed; or (c) the athlete, support person or non‑participant has waived his or her right to any appeal in relation to the sanction; the CEO must, within 20 days of becoming so aware, include in the Violations List the information required by subsection (3). (3) The following information is required in relation to an anti‑doping rule violation: (a) the name of the athlete, support person or non‑participant; (b) for an athlete: (i) the athlete's date of birth; and (ii) the athlete's sport; and (iii) if the athlete is a member of a team—the team; (c) the nature of the anti‑doping rule violation; (d) the date of the anti‑doping rule violation; (e) the consequences (within the meaning of the World Anti‑Doping Code) of the anti‑doping rule violation, including the period of ineligibility (if any) for the anti‑doping rule violation. (4) The CEO may include in the Violations List any other information he or she considers appropriate. (5) Despite subsection (2), the CEO is not required to include in the Violations List any information in relation to an anti‑doping rule violation, if: (a) the anti‑doping rule violation was committed by an individual who was aged under 18 at the time the anti‑doping rule violation was committed; or (aa) the CEO is satisfied that, taking into account the mental capacity of the individual who committed the anti‑doping rule violation, the individual does not understand the anti‑doping rules; or (ab) the CEO is satisfied that the anti‑doping rule violation was committed by an individual: (i) who is an athlete who competes in sport for recreational purposes; and (ii) who has neither been a national‑level athlete (within the meaning of the NAD scheme) nor an international‑level athlete (within the meaning of that scheme) at any time in the 5 years before the individual committed the anti‑doping rule violation; or (b) the CEO is satisfied that the inclusion of the information is likely to prejudice a current investigation into a possible violation of the anti‑doping rules; or (c) WADA has authorised the non‑inclusion of the information. (6) Information included in the Violations List in relation to an anti‑doping rule violation must be removed from the Violations List: (a) if there is a period of ineligibility for the anti‑doping rule violation—at the later of the following times: (i) at the end of the period of ineligibility; (ii) at the end of the period of 1 month after its inclusion; or (b) otherwise—1 month after its inclusion. (7) The NAD scheme may make provision for and in relation to either or both of the following: (a) the correction of entries in the Violations List; (b) any other matter relating to the administration or operation of the Violations List. (8) The Violations List is to be made available for public inspection on the internet. (9) The Violations List is not a legislative instrument. Part 3—Sport Integrity Australia's establishment and function 20 Simplified outline of this Part This Part establishes Sport Integrity Australia. Sport Integrity Australia's function is to assist the CEO of Sport Integrity Australia in performing the CEO's functions. 20A Establishment of Sport Integrity Australia Sport Integrity Australia is established by this section. 20B Constitution of Sport Integrity Australia Sport Integrity Australia consists of: (a) the CEO; and (b) the Sport Integrity Australia staff. Note: Sport Integrity Australia does not have a legal identity separate from the Commonwealth. 20C Sport Integrity Australia's function Sport Integrity Australia's function is to assist the CEO in the performance of the CEO's functions. 20CAA Sport Integrity Australia has privileges and immunities of the Crown Sport Integrity Australia has the privileges and immunities of the Crown in right of the Commonwealth. Part 3A—Chief Executive Officer Division 1A—Simplified outline of this Part 20CA Simplified outline of this Part This Part provides for the CEO's appointment and sets out the terms and conditions of appointment. The CEO has various functions, including functions in relation to matters relating to sports integrity, including threats to sports integrity (see section 21). The CEO is subject to direction by the Minister. This Part also makes provision for staff of Sport Integrity Australia and for persons to assist the CEO. The CEO may delegate his or her functions and powers. Division 1—CEO's functions and powers 20D Chief Executive Officer There is to be a Chief Executive Officer of Sport Integrity Australia. 21 CEO's functions (1) The CEO has the following functions: (a) such functions as are conferred on the CEO by this Act; (b) such functions as are conferred on the CEO by the NAD scheme; (c) to advise the ASC about matters relating to sports integrity that should be included in any agreement under which the ASC gives money to a sporting organisation; (d) to coordinate a national approach in relation to Australia's response to matters relating to sports integrity, including threats to sports integrity; (e) to coordinate and strengthen relationships among governments of the States and Territories, regulators, sporting organisations and law enforcement and other agencies in relation to matters relating to sports integrity, including threats to sports integrity; (f) to work with domestic and overseas regulators, sporting organisations and operators of betting services in relation to matters connected with match‑fixing in sport or fraud in sports‑betting; (g) to advise governments of the Commonwealth, the States and Territories on recommended changes to legislation and policies in relation to matters relating to sports integrity, including threats to sports integrity; (h) to work with and provide assistance and advice to sporting administrators to identify potential threats to sports integrity for particular sports and to develop a robust integrity framework for those sports; (i) to support, encourage, develop and implement initiatives that increase the skills and knowledge of people involved in sporting activities about matters relating to sports integrity, including threats to sports integrity; (j) to support and encourage the sporting community to develop and implement comprehensive programs, and education initiatives, about matters relating to sports integrity, including threats to sports integrity; (jaa) to support, encourage and conduct research about matters relating to sports integrity, including threats to sports integrity; (jab) to provide education resources to sporting administrators about matters relating to sports integrity, including threats to sports integrity; (jac) to investigate threats to sports integrity and to collect, analyse, interpret and disseminate information about matters relating to sports integrity, including threats to sports integrity; (jad) to encourage the development of ways for the States and Territories, and sporting organisations, to carry out initiatives about matters relating to sports integrity, including threats to sports integrity; (jae) to cooperate with the States and Territories, and with sporting organisations, to carry out initiatives about matters relating to sports integrity, including threats to sports integrity; (ja) to cooperate with an organisation of a foreign country in the Oceania region that has functions that are the same as, or similar to, those of the CEO; (k) to provide the following services under contract on behalf of the Commonwealth: (i) anti‑doping testing services; (iii) other services (including educational services) in relation to matters relating to sports integrity, including threats to sports integrity; (l) to make resources and facilities (including secretariat services and clerical assistance) available to the ASDMAC for the purposes of enabling the ASDMAC to perform its functions; (m) such other functions as are conferred on the CEO by any other law of the Commonwealth; (n) to advise the Minister about matters relating to any of the above functions; (o) to do anything incidental to or conducive to the performance of any of the above functions. Note: For sports doping and safety matter, see section 4. Constitutional limits (2) The CEO may perform his or her functions only: (a) for purposes related to external affairs, including: (i) giving effect to an international agreement to which Australia is a party; and (ii) addressing matters of international concern; and (iii) by way of the performance of the CEO's functions in relation to persons, places, matters or things outside Australia; or (b) for purposes related to money appropriated for the purposes of the Commonwealth; or (c) for purposes related to the granting of financial assistance to a State on such terms and conditions as the Parliament thinks fit; or (d) for purposes related to the executive power of the Commonwealth; or (e) for purposes related to the collection of statistics; or (f) in, or for purposes related to, a Territory; or (g) in a Commonwealth place (within the meaning of the Commonwealth Places (Application of Laws) Act 1970); (h) by way of, or for purposes related to, trade and commerce: (i) between Australia and places outside Australia; or (ii) among the States; or (iii) within a Territory, between a State and a Territory or between 2 Territories; or (i) by way of the provision of an anti‑doping testing service to a constitutional corporation, where: (i) the service involves testing one or more employees of the constitutional corporation; and (ii) the results of the testing are relevant to the relationship between the constitutional corporation and the employee or employees; or (j) by way of the provision of a service to a constitutional corporation, where the service is provided to protect the constitutional corporation's business reputation from being damaged by the use of drugs and/or doping methods in sport; or (k) in connection with a postal, telegraphic, telephonic or other like service within the meaning of paragraph 51(v) of the Constitution; or (l) by way of the provision of a service to: (i) the Commonwealth; or (ii) an authority of the Commonwealth; or (m) for purposes related to matters incidental to the execution of any of the legislative powers of the Parliament or the executive power of the Commonwealth; or (n) by way of the provision of a service, if the provision of the service: (i) utilises Sport Integrity Australia's spare capacity; or (ii) maintains or improves the specialised technical skills of the Sport Integrity Australia staff in relation to the testing of athletes; and does not impede the CEO's capacity to perform his or her other functions. 22 CEO's powers The CEO has the power to do all things necessary or convenient to be done for or in connection with the performance of his or her functions. 24 Minister may give directions to the CEO (1) The Minister may, by legislative instrument, give directions to the CEO in relation to the performance of his or her functions and the exercise of his or her powers. Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901. (2) However, such a direction must not relate to: (a) a particular athlete, or a particular support person or a particular non‑participant, who is subject to the NAD scheme; or (b) the testing of a particular athlete under an anti‑doping testing service being provided by the CEO under contract on behalf of the Commonwealth. (3) The CEO must comply with a direction under subsection (1). (4) Subsection (3) does not apply to the extent that the direction relates to the CEO's performance of functions or exercise of powers under the Public Governance, Performance and Accountability Act 2013 or as an Agency Head under the Public Service Act 1999. Division 2—Appointment of CEO 24A Appointment of CEO (1) The CEO is to be appointed by the Minister, by written instrument, on a full‑time basis. (3) The appointment of a person as CEO is not invalid because of a defect or irregularity in connection with the person's appointment. 24B Period of appointment for CEO The CEO holds office for the period specified in the instrument of appointment. The period must not exceed 5 years. Note: The CEO may be reappointed: see section 33AA of the Acts Interpretation Act 1901. 24C Acting CEO The Minister may, by written instrument, appoint a person to act as CEO: (a) during a vacancy in the office of CEO (whether or not an appointment has previously been made to that office); or (b) during any period, or during all periods, when the CEO: (i) is absent from duty or from Australia; or (ii) is, for any reason, unable to perform the duties of the office. Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901. Division 3—Terms and conditions for CEO 24D Remuneration (1) The CEO is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the CEO is to be paid the remuneration that is prescribed by the regulations. (2) The CEO is to be paid the allowances that are prescribed by the regulations. (3) This section has effect subject to the Remuneration Tribunal Act 1973. 24F Outside employment The CEO must not engage in paid employment outside the duties of his or her office without the Minister's approval. 24G Leave of absence (1) The CEO has the recreation leave entitlements that are determined by the Remuneration Tribunal. (2) The Minister may grant to the CEO leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines in writing. 24H Resignation (1) The CEO may resign his or her appointment by giving the Minister a written resignation. (2) The resignation takes effect on the day on which it is received by the Minister or, if a later day is specified in the resignation, on that later day. 24J Termination of appointment (1) The Minister may terminate the appointment of the CEO: (a) for misbehaviour; or (b) if the CEO is unable to perform the duties of the CEO's office because of physical or mental incapacity. (2) The Minister may terminate the appointment of the CEO if: (a) the CEO: (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 his or her creditors; or (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or (ba) the CEO fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section; or (c) the CEO is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or (d) the CEO engages, without the Minister's approval, in paid employment outside the duties of his or her office (see section 24F); or (e) the CEO commits an offence against section 67. 24K Other terms and conditions The CEO holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined, in writing, by the Minister. Division 4—Sport Integrity Australia's staff etc. 24L Staff (1) The staff of Sport Integrity Australia are to be persons engaged under the Public Service Act 1999. (2) For the purposes of the Public Service Act 1999: (a) the CEO and the Sport Integrity Australia staff together constitute a Statutory Agency; and (b) the CEO is the Head of that Statutory Agency. 24M Persons assisting the CEO The CEO may be assisted: (a) by officers and employees of Agencies (within the meaning of the Public Service Act 1999); or (b) by officers or employees of a State or Territory; or (c) by officers or employees of bodies or organisations of the Commonwealth, a State or a Territory; whose services are made available to the CEO in connection with the performance of any of his or her functions. 24MA Consultants (1) The CEO may, on behalf of the Commonwealth, engage consultants to assist in the performance of the CEO's functions. (2) The consultants are to be engaged on the terms and conditions that the CEO determines in writing. Division 5—Delegation 24N Delegation by the CEO (1) The CEO may, by writing, delegate any or all of his or her functions and powers to: (a) a member of the Sport Integrity Australia staff; or (b) an individual whose services are made available to the CEO under section 24M; or (c) an individual appointed as a chaperone, or as a drug testing official, under the NAD scheme. (2) Subsection (1) does not apply to the following: (a) the power to make a legislative instrument amending the NAD scheme; (b) the power to give a disclosure notice; (c) the functions and powers of the CEO under Part 8 (information management). (3) Paragraph (1)(c) does not apply to a function or power unless it is conferred by the NAD scheme. (3A) The CEO may, by writing, delegate his or her power to give a disclosure notice to a member of the Sport Integrity Australia staff who is an SES employee, or an acting SES employee. (3B) The CEO may, by writing, delegate any or all of his or her functions or powers under Part 8 to a member of the Sport Integrity Australia staff who is an SES employee or an acting SES employee. (4) A delegate must comply with any written directions of the CEO. Part 4—Sport Integrity Australia Advisory Council Division 1—Simplified outline of this Part 25 Simplified outline of this Part This Part establishes the Sport Integrity Australia Advisory Council. The Advisory Council's functions are to: (a) advise the CEO in relation to the CEO's functions or to Sport Integrity Australia's function; and (b) advise the Minister about the operations of Sport Integrity Australia or the performance of the CEO's functions. Division 2—Establishment and functions of the Sport Integrity Australia Advisory Council 26 Establishment of the Sport Integrity Australia Advisory Council The Sport Integrity Australia Advisory Council is established by this section. 27 Functions of the Advisory Council (1) The functions of the Advisory Council are: (a) on its own initiative or at the request of the CEO, to provide advice to the CEO in relation to the CEO's functions; and (b) on its own initiative, to provide advice to the CEO in relation to Sport Integrity Australia's function; and (c) at the request of the Minister, to provide advice to the Minister about matters arising in relation to the operations of Sport Integrity Australia or to the performance of the CEO's functions. (2) The advice: (a) must be strategic advice only; and (b) must not relate to a particular individual or particular investigation. Division 3—Membership of the Advisory Council 28 Membership of the Advisory Council The Advisory Council consists of the following members: (a) a Chair; (b) at least 6, and not more than 10, other members. 29 Appointment of Advisory Council members (1) Each Advisory Council member is to be appointed by the Minister by written instrument, on a part‑time basis. Note: An Advisory Council member may be reappointed: see section 33AA of the Acts Interpretation Act 1901. (2) An Advisory Council member holds office for the period specified in the instrument of appointment. The period must not exceed 3 years. (3) The Minister must not appoint a person as an Advisory Council member unless the Minister is satisfied that the person has substantial experience or knowledge in at least one of the following fields: (a) sports administration and participation; (b) sports law; (c) intelligence and information gathering; (d) law enforcement; (e) anti‑doping; (f) high performance sport; (g) athlete physical or mental health or well‑being; (h) harassment and discrimination prevention; (i) child protection; (j) formulation of government policy and public administration; (k) education and learning; (l) arbitration, mediation or other dispute resolution; (m) any other appropriate field of expertise. (4) The CEO is not eligible for appointment as an Advisory Council member. 30 Acting appointments Advisory Council Chair (1) The Minister may appoint a person (except the CEO) to act as the Advisory Council Chair: (a) during a vacancy in the office of the Advisory Council Chair (whether or not an appointment has previously been made to the office); or (b) during any period, or during all periods, when the Advisory Council Chair: (i) is absent from duty or from Australia; or (ii) is, for any reason, unable to perform the duties of the office. Other Advisory Council members (2) The Minister may appoint a person (except the CEO) to act as an Advisory Council member (other than the Advisory Council Chair): (a) during a vacancy in the office of an Advisory Council member (other than the Advisory Council Chair), whether or not an appointment has previously been made to the office; or (b) during any period, or during all periods, when an Advisory Council member (other than the Advisory Council Chair): (i) is absent from duty or from Australia; or (ii) is, for any reason, unable to perform the duties of the office. Eligibility (3) A person is not eligible for appointment under subsection (1) or (2) unless the person is eligible for appointment as an Advisory Council member. Note 1: For eligibility to be appointed as an Advisory Council member, see subsection 29(3). Note 2: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901. 31 Remuneration and allowances (1) An Advisory Council member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by that Tribunal is in operation, an Advisory Council member is to be paid the remuneration that is prescribed by an instrument under subsection (4). (2) An Advisory Council member is to be paid the allowances that are prescribed by an instrument under subsection (4). (3) This section has effect subject to the Remuneration Tribunal Act 1973. (4) The Minister may, by legislative instrument, prescribe: (a) remuneration for the purposes of subsection (1); and (b) allowances for the purposes of subsection (2). 32 Leave of absence (1) The Minister may grant leave of absence to the Advisory Council Chair on the terms and conditions that the Minister determines. (2) The Advisory Council Chair may grant leave of absence to another Advisory Council member on the terms and conditions that the Chair determines. 33 Disclosure of interests to the Minister An Advisory Council member must give written notice to the Minister 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. 34 Resignation (1) An Advisory Council 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. 35 Termination of appointment (1) The Minister may terminate the appointment of an Advisory Council member: (a) for misbehaviour; or (b) if the Advisory Council member is unable to perform the duties of the office because of physical or mental incapacity. (2) The Minister may terminate the appointment of an Advisory Council member if: (a) the Adviso