Anti-Doping In Sport Act 2011
FA E R
N

AT F
TQUO U

BERMUDA

ANTI-DOPING IN SPORT ACT 2011

2011 : 2

TABLE OF CONTENTS

PART 1
PRELIMINARY

Citation
Application
Interpretation

PART 2
ESTABLISHMENT OF THE BERMUDA SPORT ANTI-DOPING AUTHORITY (BSADA) AND

THE BOARD

Establishment of the BSADA
Minister may give directions to BSADA
Board of the BSADA
Secretary and seal of the BSADA
Functions and powers of the Board
Acting appointment
Location and meetings
Chief Executive Officer
Staff of the BSADA
Therapeutic Use Exemption Committee
Results Management Committee
Funds
Accounts and audit
Annual reports and estimates
Liability of members

PART 3
TESTING AND DOPING CONTROLS

1
2
3

4
5
6
7
8
9
10
11
12
13
14
15
16
17
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ANTI-DOPING IN SPORT ACT 2011

National Anti-Doping Programme
Responsibility of athlete
Responsibility of support personnel
Application for a Therapeutic Use Exemption
Notification of grant of Therapeutic Use Exemption Certificate
WADA may review or reverse Therapeutic Use Exemption
Testing
Registered Testing Pool
Retired athlete
Analysis of samples
Results sent to Results Management Committee
Anti-doping rule violations
BSADA to refer matter to the Disciplinary Panel

PART 4
THE BERMUDA ANTI-DOPING DISCIPLINARY PANEL

Establishment of the Disciplinary Panel
Composition and appointment of the Disciplinary Panel
Functions of the Disciplinary Panel
Right to appeal decision to the Appeal Panel

PART 5
THE BERMUDA ANTI-DOPING APPEAL PANEL

Establishment of the Appeal Panel
Composition and appointment of the Appeal Panel
Functions of the Appeal Panel

PART 6
MISCELLANEOUS

Appeal by international-level athlete to Court of Arbitration
Appeal of decision to deny Therapeutic Use Exemption Certificate
Information to be kept confidential
Accredited laboratories
Sanctions against NSGBs
Regulations
Act binds the Crown
Consequential amendment to Government Authorities (Fees) Act 1971
Commencement

WHEREAS a Convention entitled “the International Convention against Doping in
Sport” was signed in Paris on 19 October 2005;

AND WHEREAS “the World Anti-Doping Code” which was adopted by the World
Anti-Doping Agency in Copenhagen on 5 March 2003, was adopted in the Convention;

AND WHEREAS the “International Convention against Doping in Sport” of 2005
entered into force with respect to Bermuda on 1 June 2006;

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20
21
22
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24
25
26
27
28
29
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31

32
33
34
35

36
37
38

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ANTI-DOPING IN SPORT ACT 2011

AND WHEREAS it is necessary and expedient to give effect to “the International
Convention Against Doping in Sport” of 2005 and to provide for the establishment of the
Bermuda Sport Anti-Doping Authority;

Be it enacted by The Queen’s Most Excellent Majesty, by and with the advice and
consent of the Senate and the House of Assembly of Bermuda, and by the authority of the
same, as follows:

PART 1

PRELIMINARY

Citation
This Act may be cited as the Anti-Doping In Sport Act 2011.

Application
This Act applies to—

athletes, athlete support personnel and participants in sports in Bermuda;

athletes who possess Bermudian status or residents of Bermuda training
or competing abroad;

national sport governing bodies, their affiliate members, clubs, teams,
associations or leagues;

national leagues not affiliated with a national sport governing body;

participants in any capacity in any sporting activity organized, held,
convened or authorized by a national event organisation, multi-sport and
major games federation; and

a foreign athlete, in-competition or out-of-competition, who is present in
Bermuda.

Interpretation
In this Act—

“Appeal Panel” means the Bermuda Anti-Doping Appeal Panel established under
section 36;

“athlete” means a person who participates in a sport as—

an international-level athlete; or

a national-level athlete,

including any person in the Registered Testing Pool who is otherwise subject to the
jurisdiction of this Act;

“athlete support personnel” means—

1

2

(a)

(b)

(c)

(d)

(e)

(f)

3

(a)

(b)

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ANTI-DOPING IN SPORT ACT 2011

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

a medical practitioner or paramedical personnel;

a coach, trainer, manager, official, agent or team staff; or

any other person working with or treating or assisting an athlete
participating in or preparing for sport competition;

“BSADA” means the Bermuda Sport Anti-Doping Authority (BSADA) established
under section 4;

“Chairman” means the person appointed under section 6;

“chaperone” means a doping control officer or a person appointed by the BSADA as
a chaperone;

“Code” means the World Anti-Doping Code attached as Appendix I to the
Convention, which Code was first adopted by the World Anti-Doping Agency on
5 March 2003 at Copenhagen, Denmark and which was revised and the
revision approved by the World Anti-Doping Agency on 17 November 2007 and
became effective as of 1 January 2009 and includes any amendments to the
Code adopted by the World Anti-Doping Agency, from time to time;

“Convention” means the International Convention against Doping in Sport signed
in Paris on 19 October 2005 and entered into force with respect to Bermuda
on 1 June 2006;

“Court of Arbitration” means the Court of Arbitration for Sport based in Lausanne,
Switzerland established by the International Olympic Committee, the statutes
of which were ratified in 1983 and came into force on 30 June 1984;

“Disciplinary Panel” means the Bermuda Anti-Doping Disciplinary Panel
established under section 32;

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

“drug” includes a prohibited substance within the meaning of the Code;

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

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

“international federation” means in relation to a particular type of sporting event
or sporting activity, a body having international control over that sport or
sporting event and which is recognized by the International Olympic Committee
(IOC) or SportAccord, formerly known as the General Assembly of International

(a)

(b)

(c)

(d)

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ANTI-DOPING IN SPORT ACT 2011

Sports Federations (GAISF), as the entity responsible for governing that sport
internationally;

“international standard” means the standard adopted by WADA in support of the
Code and shall include any technical document issued pursuant to the
International Standard;

“Minister” means the Minister to whom responsibility for sport is assigned;

“National Anti-Doping Organisation” means—

an entity designated by a State as possessing the primary authority and
responsibility to adopt and implement rules in that State which are
equivalent to the WADA Code, direct the collection of samples and manage
test results; and

where such designation has not been made by the competent public
authority of that State, the State’s national Olympic committee or its
designatee;

“national-level athlete” means an athlete, other than an international-level athlete,
who is designated by the BSADA or the national anti-doping organisation to
which he is subject, as being in the BSADA’s or the national anti-doping
organisation’s Registered Testing Pool;

“national sport governing body”, or “NSGB” in relation to a particular sport,
means—

in respect of any country, a sporting organisation that is recognized by the
relevant international sporting federation as being the organisation
responsible for administering the affairs of the sport in that country;

in respect of a country other than Bermuda, where there is no international
sporting federation in relation to the sport, a sporting organisation that is
generally recognized as being responsible for administering the affairs of
the sport, or of a substantial part or section of the sport, in that country;
or

in respect of Bermuda, a sporting organisation that is recognized by the
Government as being responsible for all or a substantial part or section of
the sport in Bermuda whether or not there exists an international sporting
federation in relation to that sport;

“out-of-competition” means any doping control which is not conducted in-
competition;

“participant” means any athlete or athlete support personnel;

“person” includes an athlete and athlete support personnel;

“Prohibited List” means the WADA Prohibited List identifying the prohibited
substances and prohibited methods as amended from time to time which is
published and revised by the WADA as described in Article 4 of the Code;

(a)

(b)

(a)

(b)

(c)

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ANTI-DOPING IN SPORT ACT 2011

“prohibited substances and methods” means the substances and methods listed in
the Prohibited List;

“Registered Testing Pool” means the pool of top level athletes, established
separately by each international federation and National Anti-Doping
Organisation, who are subject to both in-competition and out-of-competition
testing as part of that international federation’s or National Anti-Doping
Organisation’s test distribution plan;

“World Anti-Doping Agency” or “WADA” means the body founded by the
International Olympic Committee and constituted as a foundation in
Lausanne, Switzerland by an instrument of foundation signed on 10 November
1999.

PART 2

ESTABLISHMENT OF THE BERMUDA SPORT ANTI-DOPING AUTHORITY (BSADA) AND
THE BOARD

Establishment of the BSADA
There is established a body corporate to be known as “the Bermuda Sport Anti-

Doping Authority (BSADA)”.

The BSADA shall perform such functions as are necessary to facilitate the
control and prevention of doping in sport, including—

doing all things necessary to comply with and implement any Article of the
Code;

planning, implementing and monitoring information and education
programmes aimed at educating athletes, athlete support personnel,
parents, the media and the general public in Bermuda about doping in
sport matters, such as—

the health consequences of doping;

the harm of doping to the ethical values of sport;

prohibited substances and prohibited methods;

therapeutic use exemptions;

nutritional supplements;

doping control procedures and results management; and

athletes’ rights and responsibilities and the consequences of
committing an anti-doping violation;

facilitating the sharing of information between national sporting
organisations and other relevant agencies to reduce the prevalence and
availability of prohibited substances and methods;

4 (1)

(2)

(a)

(b)

(i)

(ii)

(iii)

(iv)

(v)

(vi)

(vii)

(c)

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ANTI-DOPING IN SPORT ACT 2011

facilitating the access of national sporting organisations to accredited
laboratories for analysis of samples;

directing the anti-doping programme of the Government specific to sports
including the conducting of tests on athletes, planning, co-ordinating and
implementing the collection of samples, the management of test results
and conducting hearings in keeping with the mandatory international
standards set out in the Code;

promoting and encouraging research about doping in sport matters to
develop effective prevention strategies and more effective anti-doping
programmes;

entering into reciprocal testing agreements with national anti-doping
organisations outside Bermuda;

consulting with, advising and assisting departments and agencies of the
Government, local authorities, the Bermuda Olympic Association, national
sporting organisations, and other bodies or persons on any matters
concerned with doping in sport issues and related matters;

developing appropriate procedures to—

reflect the needs of athletes who have not attained the age of eighteen;

reflect any disabilities or other special concerns of athletes; and

protect each athlete’s right to privacy;

advising the Minister on any doping in sport matters;

providing information, advice or other services requested of the BSADA;

performing any other functions relating to doping in sport that are
conferred on the BSADA by this or any other legislative instrument; and

generally taking all steps necessary or desirable to achieve the purposes of
this Act.

The BSADA shall adopt the Code and current international standards.

Minister may give directions to BSADA
The Minister may, after consultation with the Chairman of the BSADA, give to

the BSADA written directions of a general nature as to the policy to be followed by the
BSADA in the performance of its functions, as appear to the Minister to be necessary in the
public interest and the BSADA shall give effect to the directions.

Directions given under subsection (1), shall not relate to—

a particular athlete;

a particular athlete support personnel; or

doping control.

(d)

(e)

(f)

(g)

(h)

(i)

(i)

(ii)

(iii)

(j)

(k)

(l)

(m)

(3)

5 (1)

(2)

(a)

(b)

(c)

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ANTI-DOPING IN SPORT ACT 2011

Board of the BSADA
The BSADA shall be managed by a Board hereinafter referred to as “the Board”.

The Board shall comprise not less than seven, nor more than thirteen
members, appointed by the Minister from the following categories—

a person who has demonstrated knowledge or experience in sports
medicine or pharmacology;

a person who has experience in dealing with doping or substance abuse
prevention matters;

a person who is a former athlete, former coach, former sports administrator
or former NSGB executive;

a person with a proven academic background, education and training in
sports and athletics;

a person who has demonstrated knowledge or experience in marketing or
public relations;

a person who has knowledge or experience in financial accounting, human
resources or management;

a person who has a legal, regulatory or compliance background relating to
sports, athletics or doping in sports;

a barrister;

three persons who by virtue of their skill or experience can contribute
meaningfully to the work of the Board; and

the Senior Sports Development Officer within the Department of Sport who
shall be an ex officio member.

The members of the Board shall choose a Chairman and a Vice-Chairman from
among them.

Subject to the provisions of subsections (5), (6) and (7), the members of the
Board shall hold office for a period not exceeding four years and shall be eligible for
reappointment.

The Minister may terminate the appointment of a member of the Board where
that member—

is guilty of misconduct in the performance of his duties;

has, without reasonable excuse, failed to carry out his duties for a
continuous period of three months; or

is unable by reason of physical or mental incapacity to perform his duties
or is otherwise unable or unfit to perform his duties.

A member of the Board may resign his office by instrument in writing which is
addressed to the Minister.

6 (1)

(2)

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(i)

(j)

(3)

(4)

(5)

(a)

(b)

(c)

(6)

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ANTI-DOPING IN SPORT ACT 2011

A member of the Board shall be deemed to have vacated his office if without
leave of absence from the Board, he fails to attend three consecutive statutory meetings of
the Board, or, without leave of absence from the Board, fails to attend a minimum of three
statutory meetings of the Board in any year.

If any member of the Board is temporarily prevented by illness or other cause
from exercising his functions, the Minister may appoint some other person to act in his
stead for the period of such illness or incapacity.

The appointment of a person as a member of the Board to fill the vacancy
occurring under subsections (5), (6) and (7), shall be for the unexpired portion of the term
of the member to whose office that person has been appointed and such a person is eligible
for reappointment.

Subsections (4) to (9) shall not apply to an ex officio member of the Board.

Secretary and seal of the BSADA
The Board shall appoint a Secretary who shall have custody of the seal of the

BSADA.

The seal of the BSADA shall be attested by the signature of the Secretary and
the Chairman or a member of the Board duly authorized by the Board to act on his behalf.

All documents, other than those required by any written law to be under seal
and all decisions of the Board shall be signified under the hand of the Chairman, the
Secretary or a member duly authorized by the Board.

Functions and powers of the Board
The Board shall—

monitor the administrative operations of the BSADA;

ensure that correct protocols are followed in the process of securing
samples;

ensure that the rights of everyone involved in the doping control
procedures are respected;

assist in ensuring that the BSADA receives and manages funds in a
prudent manner; and

assist the BSADA in finding ways to make itself financially viable.

Acting appointment
Where the Chairman is absent at any meeting, the Vice-Chairman shall

perform the functions of the Chairman.

Where a member, other than the Chairman is absent or unable to perform his
duties, the Minister may appoint another person to act in the place of that member.

(7)

(8)

(9)

(10)

7 (1)

(2)

(3)

8

(a)

(b)

(c)

(d)

(e)

9 (1)

(2)

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ANTI-DOPING IN SPORT ACT 2011

Location and meetings
The BSADA shall be located in such place as it determines to be suitable, and

its address shall be published in the Gazette.

The Board shall meet as often as the Chairman deems necessary for the
performance of its functions and in any event not less than once every quarter.

Chief Executive Officer
The Minister shall appoint a suitably qualified person as Chief Executive Officer of

the BSADA.

Staff of the BSADA
The BSADA shall employ such members of staff as are required for the

performance of its functions, including—

a results and compliance manager;

an administrative officer;

an education officer; and

a doping control manager,

on such terms and conditions as are agreed upon between the employee and the BSADA.

The BSADA may, on such terms and conditions as it thinks fit, engage any
suitably qualified person to provide it with services, information or advice.

Therapeutic Use Exemption Committee
The BSADA shall establish a Therapeutic Use Exemption Committee (TUEC)

comprising three physicians with experience in the care and treatment of athletes and a
sound knowledge of clinical, sports and exercise medicine.

The TUEC—

shall monitor existing Therapeutic Use Exemptions;

shall consider new requests for Therapeutic Use Exemptions;

may seek medical or scientific expertise when it deems appropriate while
reviewing an application for a Therapeutic Use Exemption; and

may grant a Therapeutic Use Exemption Certificate.

The members of the TUEC shall—

possess a clear understanding of the international standards including
international standards for Therapeutic Use Exemptions and criteria that
govern Therapeutic Use Exemptions; and

be familiar with the Prohibited List.

10 (1)

(2)

11

12 (1)

(a)

(b)

(c)

(d)

(2)

13 (1)

(2)

(a)

(b)

(c)

(d)

(3)

(a)

(b)

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ANTI-DOPING IN SPORT ACT 2011

Results Management Committee
The BSADA shall establish a Results Management Committee comprising five

persons.

The members of the Results Management Committee shall have the ability to
appropriately deal with the results of any test, including where the results are negative or
of an adverse nature.

The Results Management Committee shall—

notify an athlete of the result of his test;

recommend adverse analytical findings to the Disciplinary Panel;

maintain a database on athletes’ testing missions and identify any
situations that may be suspicious;

notify an athlete of possible violations that he may inadvertently be
committing; and

manage the suspensions and sanctions of athletes.

Funds
The funds of the BSADA shall consist of—

revenue from fees charged in the provision of its services or from
investments made by the BSADA;

all sums collected by virtue of donations or grants from national and
international organisations; and

such sums as may be provided annually by the Legislature.

Accounts and audit
The BSADA shall keep proper accounts of its receipts, payments, credits and

liabilities.

The BSADA shall submit the accounts referred to in subsection (1) from time
to time to the Auditor General or a qualified auditor appointed by the Auditor General to be
audited.

Annual reports and estimates
The BSADA shall present within three months of the end of each financial year,

a report of its proceedings for that year, including the accounts that have been audited in
accordance with section 16(2), to the Minister.

A copy of the report referred to in subsection (1) shall be laid in the House of
Assembly within three months of the date of receipt by the Minister.

The BSADA shall, at the end of each financial year, submit its estimates of
revenue and expenditure in respect of its next financial year for approval by the Minister.

14 (1)

(2)

(3)

(a)

(b)

(c)

(d)

(e)

15

(a)

(b)

(c)

16 (1)

(2)

17 (1)

(2)

(3)

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ANTI-DOPING IN SPORT ACT 2011

A copy of the approved estimates shall be published in the Gazette.

Liability of members
A member of the Board or the staff of the BSADA shall not be personally liable for

any act or default of the BSADA, done or omitted to be done in good faith in the course of
its operations.

PART 3

TESTING AND DOPING CONTROLS

National Anti-Doping Programme
The BSADA shall develop a National Anti-Doping Programme.

The Programme shall provide for the following—

comprehensive anti-doping rules, including rules on illicit and
performance enhancing drugs;

an extensive education programme for athletes, athlete support personnel,
administrators, participants and the general public on anti-doping and the
promotion of health, fairness and equality in sport;

detailed protocols for results management;

detailed protocols for Therapeutic Use Exemptions;

research relevant to anti-doping;

the development of an Athlete Testing Programme, including the
development of protocols governing the location and whereabouts of
athletes for the purposes of testing; and

any other related matters.

The Programme shall be developed in accordance with all established
international standards as developed by the WADA.

Responsibility of athlete
An athlete shall not use any prohibited substances or methods unless he has

a Therapeutic Use Exemption in accordance with section 22.

An athlete shall—

comply with all applicable anti-doping policies and rules adopted pursuant
to the Code;

be available for sample collection;

take responsibility, in the context of anti-doping, for what he ingests and
uses; and

(4)

18

19 (1)

(2)

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(3)

20 (1)

(2)

(a)

(b)

(c)

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ANTI-DOPING IN SPORT ACT 2011

inform medical personnel of his obligation not to use prohibited substances
and prohibited methods and shall take responsibility to ensure that any
medical treatment received does not violate anti-doping policies and rules
adopted pursuant to the Code.

An athlete is responsible for any prohibited substance or its metabolites or
markers found to be present in his bodily specimen.

Responsibility of support personnel
Athlete support personnel shall—

be knowledgeable of and comply with all anti-doping policies and rules
adopted pursuant to the Code which are applicable to them or the athlete
whom they support;

cooperate with the Athlete Testing Programme; and

encourage and motivate athletes to foster anti-doping attitudes.

Application for a Therapeutic Use Exemption
Where an athlete, with a documented medical condition requires the use of a

prohibited substance or method, he shall apply to the TUEC, established under section 13,
for a Therapeutic Use Exemption Certificate.

Notification of grant of Therapeutic Use Exemption Certificate
The TUEC shall immediately notify the BSADA of its decision to grant a

Therapeutic Use Exemption Certificate.

The BSADA shall thereafter report to the WADA any Therapeutic Use
Exemption Certificate granted to an athlete.

WADA may review or reverse Therapeutic Use Exemption
The WADA at the request of an athlete or on its own initiative may review the

granting or denial of a Therapeutic Use Exemption Certificate by the TUEC.

Where the WADA determines that the granting or the denial of the Therapeutic
Use Exemption Certificate by the TUEC was not in compliance with the international
standard for Therapeutic Use Exemption in force at the time, it may reverse the decision to
grant or deny the Therapeutic Use Exemption Certificate.

Testing
An athlete shall submit himself to in-competition testing and out-of-competition

testing by the BSADA at any time or place, with or without advance notice.

Registered Testing Pool
The BSADA shall establish a Registered Testing Pool.

The BSADA shall notify an athlete of the inclusion of his name in the Registered
Testing Pool.

(d)

(3)

21

(a)

(b)

(c)

22

23 (1)

(2)

24 (1)

(2)

25

26 (1)

(2)

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ANTI-DOPING IN SPORT ACT 2011

Subject to section 27, the athlete is required to—

file quarterly whereabouts information with the BSADA on the requisite
forms;

specify on a daily basis the locations and times where he will be residing,
training or competing; and

update the information as necessary.

Where the athlete is required to provide whereabouts information to their
international federation, he shall simultaneously provide a copy of the information to the
BSADA, unless it is available through the WADA clearing house.

Where the athlete fails to submit the mandatory whereabouts report he may be
deemed ineligible for government support and he may be unable to participate in national
competitions.

An athlete who is unavailable for testing on three attempts during any period
of eighteen consecutive months commits an anti-doping rule violation.

Retired athlete
An athlete who has retired shall give written notice to the BSADA and his

national sporting organisation that he has retired.

The retired athlete is not subject to the requirements under section 25 or
section 26.

Where a retired athlete makes a decision to return to competition he shall give
written notice of his decision to the BSADA and will no longer be considered a retired athlete.

Analysis of samples
A doping control sample shall be analysed at a laboratory accredited by the

WADA, to detect prohibited substances and prohibited methods.

An athlete may give written consent for his sample to be analysed for a purpose
other than under subsection (1).

Results sent to Results Management Committee
The results of a sample which has been analysed shall be forwarded to the Results

Management Committee which is established under section 14.

Anti-doping rule violations
Anti-doping rule violations include the following—

the presence of a prohibited substance or its metabolites or markers in a
sample of an athlete, unless the athlete has a Therapeutic Use Exemption
for the use of the prohibited substance or its metabolites or markers;

the use or attempted use of a prohibited substance or a prohibited method
by an athlete;

(3)

(a)

(b)

(c)

(4)

(5)

(6)

27 (1)

(2)

(3)

28 (1)

(2)

29

30 (1)

(a)

(b)

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ANTI-DOPING IN SPORT ACT 2011

the refusal or failure without compelling justification of an athlete to
submit to sample collection after notification as authorized in applicable
anti-doping rules, or otherwise evading Sample collection;

violation of applicable requirements regarding athlete availability for out-
of-competition testing, including failure to file required whereabouts
information and missed tests which are declared based on rules which
comply with the international standard for testing;

tampering or attempted tampering with any part of doping control;

possession of prohibited substances and prohibited methods;

trafficking or attempted trafficking in any prohibited substance or
prohibited method;

administration or attempted administration to any athlete in-competition
of any prohibited method or prohibited substance, or administration or
attempted administration to any athlete out-of-competition of any
prohibited method or any prohibited substance that is prohibited out-of-
competition; and

assisting, encouraging, aiding, abetting, covering up or any other type of
complicity involving an anti-doping rule violation or any attempted anti-
doping rule violation.

A person who violates an anti-doping rule may—

be disqualified from a particular competition or event;

become ineligible for a specified period of time from participating in any
competition or other activity;

become ineligible for funding; and

be suspended for a period of time from participating in any competition
prior to the final decision of the Disciplinary Panel.

BSADA to refer matter to the Disciplinary Panel
Where it is suspected that there has been an anti-doping rule violation, the BSADA

shall refer the matter to the Disciplinary Panel.

PART 4

THE BERMUDA ANTI-DOPING DISCIPLINARY PANEL

Establishment of the Disciplinary Panel
There is established the Bermuda Anti-Doping Disciplinary Panel (hereinafter

referred to as “the Disciplinary Panel”).

(c)

(d)

(e)

(f)

(g)

(h)

(i)

(2)

(a)

(b)

(c)

(d)

31

32

15

ANTI-DOPING IN SPORT ACT 2011

Composition and appointment of the Disciplinary Panel
The Disciplinary Panel shall comprise a pool of nine persons appointed by the

Minister as follows—

three legal practitioners of not less than five years standing, one of whom
shall be the Chairman and the other two who shall each be a Vice-
Chairman;

three medical practitioners of not less than five years standing; and

three persons each of whom is, or has previously been, a sports
administrator or an athlete.

The members of the Disciplinary Panel shall hold office for a period of three
years and are eligible for reappointment.

The Chairman or in his absence, a Vice-Chairman shall appoint three members
from the Disciplinary Panel to hear and determine each case.

Every hearing shall comprise the Chairman or a Vice-Chairman as chairman
of the hearing panel, one medical practitioner member and one sports administrator or
athlete member.

Where a member of the Disciplinary Panel dies, is unable to perform his duties
or resigns, the Minister may appoint a person to fill the vacancy.

The appointment of a person as a member of the Disciplinary Panel to fill the
vacancy occurring under subsection (5), shall be for the unexpired portion of the term of
the member to whose office that person has been appointed and such a person is eligible
for reappointment.

Functions of the Disciplinary Panel
The Disciplinary Panel shall—

receive, examine and hear evidence relating to an anti-doping violation;

conduct disciplinary hearings related to anti-doping violations referred to
it by the BSADA;

determine whether an anti-doping violation has occurred;

impose sanctions; and

perform any other functions that may be conferred on the Disciplinary
Panel by the Act.

Upon the receipt of a written reference from the BSADA asserting the
occurrence of an anti-doping violation, the Disciplinary Panel shall—

conduct a hearing within fourteen days of receipt of the reference;

issue a written decision within twenty days after the conclusion of the
hearing; and

33 (1)

(a)

(b)

(c)

(2)

(3)

(4)

(5)

(6)

34 (1)

(a)

(b)

(c)

(d)

(e)

(2)

(a)

(b)

16

ANTI-DOPING IN SPORT ACT 2011

issue written reasons for any decision within thirty days after the written
decision has been issued.

Right to appeal decision to the Appeal Panel
Subject to section 39, where the following person or body is aggrieved by a

decision from the Disciplinary Panel, the person or body may lodge an appeal with the
Appeal Panel within fourteen days from the decision of the Disciplinary Panel—

an athlete or other person;

the BSADA;

the relevant national sporting organisation;

the relevant international sporting federation;

the Bermuda Olympic Association; and

the WADA.

The decision of the Disciplinary Panel shall remain in effect until the
determination of the appeal.

PART 5

THE BERMUDA ANTI-DOPING APPEAL PANEL

Establishment of the Appeal Panel
There is established the Bermuda Anti-Doping Appeal Panel (hereinafter referred

to as “the Appeal Panel”).

Composition and appointment of the Appeal Panel
The Appeal Panel shall comprise nine persons appointed by the Minister as

follows—

three legal practitioners of not less than five years standing, one of whom
shall be the Chairman and the other two who shall each be a Vice-
Chairman;

three medical practitioners of not less than five years standing; and

three persons each of whom is, or has previously been, a sports
administrator or an athlete.

The members of the Appeal Panel shall hold office for a period of three years
and are eligible for reappointment.

Where a member of the Appeal Panel dies, is unable to perform his duties or
resigns, the Minister may appoint a person to fill the vacancy.

The appointment of a person as a member of the Appeal Panel to fill the vacancy
occurring under subsection (3), shall be for the unexpired portion of the term of the member

(c)

35 (1)

(a)

(b)

(c)

(d)

(e)

(f)

(2)

36

37 (1)

(a)

(b)

(c)

(2)

(3)

(4)

17

ANTI-DOPING IN SPORT ACT 2011

to whose office that person has been appointed and such a person is eligible for
reappointment.

Functions of the Appeal Panel
The Appeal Panel shall—

hear and determine issues arising from a decision of the Disciplinary Panel
and may—

determine that an anti-doping violation was committed;

impose sanctions as a result of an anti-doping violation;

determine that an anti-doping violation was not committed;

determine that a National Anti-Doping Organisation lacks the
jurisdiction to rule on an anti-doping violation or the imposition of
sanctions; and

impose a provisional suspension;

determine the appropriate sanction resulting from an anti-doping
violation; and

perform such other functions as may be conferred upon it by or under this
Act.

Upon the lodging of an appeal, the Appeal Panel shall—

receive, hear and examine the evidence relating to the appeal within forty
days;

issue a written decision within fifteen days after the conclusion of the
hearing; and

issue written reasons for any decision within fifteen days after the written
decision has been issued.

PART 6

MISCELLANEOUS

Appeal by international-level athlete to Court of Arbitration
An international-level athlete may appeal decisions of the Disciplinary Panel

directly to the Court of Arbitration.

Appeal of decision to deny Therapeutic Use Exemption Certificate
An athlete or the BSADA, as the case may be, may appeal to the Court of

Arbitration, in respect of a decision made by the WADA, reversing the grant of, or refusal
to grant a Therapeutic Use Exemption Certificate.

38 (1)

(a)

(i)

(ii)

(iii)

(iv)

(v)

(b)

(c)

(2)

(a)

(b)

(c)

39

40 (1)

18

ANTI-DOPING IN SPORT ACT 2011

An international-level athlete may appeal exclusively to the Court of Arbitration
in respect of a decision by an international sporting federation refusing to grant him a
Therapeutic Use Exemption Certificate.

A national-level athlete may appeal to the Appeal Panel in respect of a decision
by the TUEC refusing to grant him a Therapeutic Use Exemption Certificate.

Where the Appeal Panel reverses the decision of the TUEC to grant a
Therapeutic Use Exemption Certificate, the WADA may appeal to the Court of Arbitration.

Information to be kept confidential
The following persons shall keep secret and confidential all information coming

to their knowledge in the course of the administration of this Act, unless authorized by the
BSADA to release that information—

a member of the BSADA;

an officer or employee of the BSADA;

an expert retained by the BSADA to assist in its investigations and
deliberations;

a member of the Disciplinary Panel;

a member of the Appeal Panel; and

a member of the TUEC.

A person who contravenes subsection (1) commits an offence and is liable on
summary conviction to a fine of $10, 000 or to imprisonment for six months or to both fine
and imprisonment.

Accredited laboratories
A laboratory shall not conduct doping control analysis unless it has been accredited

by the WADA.

Sanctions against NSGBs
Where a NSGB does not comply with the provisions of this Act, the BSADA may

make recommendations to the Minister for the Government to—

withhold in whole or in part, financial or non-financial support from the
NSGB; and

withhold or withdraw the recognition of the NSGB, until the anti-doping
rules of the NSGB are in compliance with this Act.

Regulations
The Minister may make Regulations, subject to the negative resolution

procedure—

(2)

(3)

(4)

41 (1)

(a)

(b)

(c)

(d)

(e)

(f)

(2)

42

43

(a)

(b)

44

19

ANTI-DOPING IN SPORT ACT 2011

for the keeping of such records as the Minister may require for the
purposes of this Act;

for the determination and collection of fees and charges in connection with
the exercise of the functions of the BSADA; and

generally for carrying out the purposes and provisions of this Act.

Act binds the Crown
This Act binds the Crown.

Consequential amendment to Government Authorities (Fees) Act 1971
The First Schedule of the Government Authorities (Fees) Act 1971 is amended in

Part B- Government Authorities, by inserting in alphabetical order the words “Bermuda
Sport Anti-Doping Authority - established under section 4 of the Anti-Doping in Sport Act
2011”.

Commencement
This Act comes into operation on a day to be appointed by the Minister by Notice

published in the Gazette.

[Assent Date: 09 March 2011]

[Operative Date: 24 February 2012]

(a)

(b)

(c)

45

46

47

20