CONVENTION AGAINST DOPING IN SPORT ACT

Arrangement of Section

1. Short title.

2. Persons to whom the Act applies.

PART I

OFFENCES

3. Offences.

4. High Court to try offences under this Act.

PART II

THERAPEUTIC USE EXEMPTIONS

5. Therapeutic use Exemptions.

6. Procedure for the grant of a TUE.

7 Issue of TUE.

8. Cancellation of a TUE.

9. Extension of period of applicability of TUE.

PART III

ESTABLISHMENT OF THE SRI LANKA ANTI DOPING AGENCY

10. Establishment of the Sri Lanka Anti Doping Agency.

11. Objectives of the Agency.

12. Powers, duties and functions of the Agency.

13. Administration of the Agency to be vested in the Board.

14. Constitution of the Board.

15. Duties of the Board.

16. Power of the Minister to give special or general directions to the Board

17. Term of office of appointed members.

18. Meetings of the Board.

19. The Agency deemed to be a scheduled Institution within the meaning of the Bribery Act.

20. Officers and servants of the Agency to be public servants.

21. Proceedings of the Board not to be invalid by reason of any vacancy or defect in the appointment of a member.

22. Appointment of the Director- General.

23. Establishment of Committees and Panels.

PART IV

DISCIPLINARY PROCEDURE AND APPEALS PROCEDURE IN RELATION TO ANTI DOPING RULE VIOLATIONS

24. Situation of an anti-doping rule violation.

25. Steps to be taken if the Board asserts an antidoping rule violation.

26. Appeal.

27. Consequences of an adverse decision by the Appeal Panel.

PART V

FINANCE

28. Fund.

29. Financial year of the Agency

30. Audit of Accounts.

PART VI

GENERAL

31. Offences committed by body of persons.

32. Expenses to be paid out of the Fund.

33. Rules.

34. Regulations.

35. Validation.

36. Interpretation.

37 Sinhala text to prevail in case of inconsistency.

33 of 2013.

AN ACT to give effect to the International Convention Against Doping in Sport; to make provision for the Implementation in Sri Lanka of the said Convention by the establishment of the Sri Lanka Anti Doping Agency and for specifying the applicable Domestic Legal Mechanism to Combat Doping in Sport within the framework of the aforesaid Convention; and to provide for matters connected therewith or incidental thereto.

[Date of Commencement: 11th November, 2013]

1. Short title.

This Act may be cited as the Convention against Doping in Sport Act.

2. Persons to whom the Act applies.

The provisions of this Act shall apply in respect of—

(a) all persons who are members of any National Association of Sports, established in terms of the Sports Law, No. 25 of 1973 ;

(b) any person or body of persons being an affiliated member, club, team, association or league of any National Association ;

(c) every person who participates in any sports activity organized, held, convened or authorized by any National Association of Sports or by any person or body of persons;

(d) every "person connected with the training of an athlete” at any level including any member of his entourage;

(e) every participant (including minors) at a sports event, being held in Sri Lanka or abroad.

PART I

OFFENCES

3. Offences.

(1) Any person who—

(a) induces, supplies, administers any prohibited substance or uses or applies any prohibited method which are prescribed by regulations made under this Act on an athlete ;

(b) induces or introduces its metabolites or its markers in any athlete's sample ;

(c) uses or applies any prohibited substance or prohibited method on any animal used in sport;

(d) engages in sports has in one's possession, any prohibited substance or prohibited method with the intention of committing an offence under this Act;

(e) trafficks in any prohibited substance or uses on an athlete any prohibited substance or any prohibited method in sport,

shall be guilty of an offence under this Act.

‘trafficking' means—

(i) to sell, give, procure, transport, send, deliver or distribute ; or

(ii) to offer to do anything mentioned in paragraph (i).

(2) Any person who—

(a) attempts to commit;

(b) aids and abets the commission of; or

(c) conspires with another person or a group of persons in the commission of,

an offence within the meaning of subsection (1), shall be guilty of an offence under this Act.

In this subsection—

"aid or abet” has the same meaning as in section 100 of the Penal Code.

"conspires” has the same meaning as in section 113A of the Penal Code.

(3) A person guilty of an offence under subsection (1) or subsection (2) of this section, shall on conviction on indictment by the High Court, be punished with imprisonment for a term not exceeding two years, and also be liable to a fine not less than rupees five hundred thousand and not more than rupees one million and may impose a prohibition for a certain number of years on his activities where the person convicted is a member of the athlete's entourage.

4. High Court to try offences under this Act.

(1) The High Court of Sri Lanka holden in Colombo or the High Court of the Province established under Article 154p of the Constitution for the Western Province, holden in Colombo, shall, notwithstanding anything to the contrary in any other law, have exclusive jurisdiction to try offences under this Act.

(2) Where an act constituting an offence under this Act is committed outside Sri Lanka, the High Court referred to in subsection (1) shall have jurisdiction to try such offence as if it were committed within Sri Lanka, if—

(a) the person who committed such act is present in Sri Lanka ;

(b) such act is committed by a citizen of Sri Lanka ;

(c) such act is committed on board an aircraft which is operated by the Government of Sri Lanka ; and

(d) the person in relation to whom the offence is alleged to have been committed is a citizen of Sri Lanka.

PART II

THERAPEUTIC USE EXEMPTIONS

5. Therapeutic use Exemptions.

(1) A Therapeutic Use Exemption (hereinafter referred to as a "TUE”) may be granted to an athlete, permitting the use of a prohibited substance or prohibited method by the athlete when participating at any sports event by the Sri Lanka Anti-Doping Agency established under section 10.

(2) An athlete who requires to avail himself of the said TUE shall make an application not less than thirty days prior to the date on which the approval is required in the form prescribed by regulations to the Sri Lanka Anti-Doping Agency requesting the grant of a TUE. The athlete should forward all supporting medical evidence and documents to the Agency along with such application.

(3) Regulations may be made prescribing any other matters, procedures or documents which may be required for the consideration and grant of a TUE.

6. Procedure for the grant of a TUE.

(1) The Sri Lanka Anti Doping Agency shall on receipt of an application for the grant of a TUE made by an athlete in terms of section 5, submit such application for review by the "Therapeutic Use Exemption Committee” (hereinafter referred to as "the TUE Committee”), which shall be established and appointed by such Agency for such purpose.

(2) The TUE Committee should comprise of not less than three members who shall be persons, having experience in clinical, sports and exercise medicine. The members should at the point of being appointed, disclose any conflict of interest which may exist. The Sri Lanka Anti-Doping Agency shall thereupon take steps to appoint another person in place of such member.

(3) The TUE Committee shall recommend the grant of a TUE to the Sri Lanka Anti-Doping Agency, only if—

(a) the athlete making the application would experience a severe impairment to health, if the prohibited substance or prohibited method were to be withheld in the process of treatment of an acute or chronic medical condition ;

(b) it is established to the satisfaction of the Committee, by the athlete, that the use of the prohibited substance or prohibited method would produce no additional enhancement of performance other than that which might be expected by the return of by the athlete to a state of normal health following the treatment for a legitimate medical condition :

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