Anti-Doping in Sport Act 2009


Published: 2010-03-15

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EXTRAORDINARY

OFFICIAL GAZETTE
THE BAHAMAS
PUBLISHED BY AUTHORITY

NASSAU 5th August, 2009

ANTI-DOPING IN SPORTS ACT, 2009 Arrangement

ANTI-DOPING IN SPORTS ACT, 2009

Arrangement of Sections

Section

PART 1- PRELIMINARY 3
I. Short title and commencement. ....................................... .. ................................... .3
2. Interpretation ......................................................... .. .......................... .................... .3
3. Convention to have force oflaw ....... ........................................... .. ........................ 6

PART IT -THE BAHAMAS ANTI-DOPING COMMISSION 6
4. Establishment ofThe Bahamas Anti-Doping Commission ................................... 6
5. Functions of the Commission ................................................................................ 6
6. Commission to make rules ...................... .. ..... ........................................................ 9
7. Minister may give directions to Commission .... .................................................... 9

PART III- ANTI-DOPING RULES VIOLATION 9
8. Anti-Doping rules violation ............ ....................................................................... 9
9. Automatic individual disqualification .......................... .. ..................................... I 0
I 0. Sanctions on individuals ....................................................................... ............... 1 0
11 . Consequences to teams ............................................ .. .. ........................................ I 0
12. Therapeutic Use Exemption Certificate ................................. .............................. I 1
13. Application to be made in accordance with international standards .......... .......... !!
14. Appointment ofthe Bahamas Anti-Doping Therapeutic Use Exemption

Committee ................................ .... .................... .... .... .......... .. .............................. .. 12
15. Functions ofBADTUEC ................................................................... .. .. ......... .. ... l2
16. Notification of Therapeutic Use Exemption ...... .................................................. 13
17. WADA may review and reverse TUE Certificates ................................... ........... 13
18. Recognition of results of other Anti-Doping Organizations ........................ .. ...... l3

PART IV - DISCIPLINARY PANEL 13
19. Establishment ofThe Bahamas Anti-Doping Disciplinary Panel... ..................... l3
20. Commission to refer findings to Disciplinary Panei.. ............................ .............. I3
21. Functions of the Disciplinary Pane1... ............................................................ .. .... 13
22. Appeals .. .. ............... .... ......................................................................................... l4
23. Establishment of Anti-Doping Appeals Tribuna1... .............................................. 14
24. Appeals of international athlete ........................................................................... l5
25. Confidentiality .................................................................................................... . l5

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Arrangement ANTI-DOPING rN SPORTS ACT, 2009

26. Regulations ......................................................................................................... . l6

FIRST SCHEDULE 16
CONSTITUTION AND PROCEDURE OF THE BAHAMAS ANTI-DOPING
COMMISSION 16

SECOND SCHEDULE 18
CONSTITUTION OF THE BAHAMAS ANT£-DOPING DISCIPLINARY PANEL 18

TIDRD SCHEDULE 20
CONSTITUTION OF THE BAHAMAS ANTI-DOPING APPEALS TRIBUNAL 20

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ANTI-DOPING IN SPORTS ACT, 2009

No. 29 of2009

ANTI-DOPING IN SPORTS ACT, 2009

AN ACT TO PROVIDE FOR THE IMPLEMENTATION OF
MEASURES TO DISCOURAGE THE USE OF DRUGS AND

DOPING METHODS IN SPORT AND FOR RELATED
PURPOSES.

[Date of Assent- 5th August, 2009]

Enacted by the Parliament of The Bahamas.

PART 1- PRELIMINARY

1. Short title and commencement.
( 1) This Act may be cited as the Anti-Doping in Sport Act, 2009.

(2) This Act shall come into operation on a date to be appointed by the
Minister by notice in the Gazette.

2. Interpretation.
In thisAct-

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

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

(a) the International Olympic Committee;

(b) the International Paralympic Committee;

(c) the World Anti-Doping Agency;

(d) an international sporting federation;

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

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ANTI-DOPING IN SPORTS ACT, 2009

(f) the Commission; or

(g) any other National Anti-Doping Organization;

"anti-doping rules" means rules related to anti-doping that govern the
conditions under which sport is played;

"Anti-Doping Rules violation" shall be construed in accordance with
section 8;

"Appeals Tribunal" means The Bahamas Anti-Doping Appeals Tribunal
established under section 23;

"athlete" means any person who participates in a sport at-

(a) an international level; or

(b) a national level;

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

"Commission" means The Bahamas Anti-Doping Commission
established under section 4;

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

"Convention" means the Unesco International Convention against
Doping in Sport adopted in Paris on I 9 October 2005;

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

"Disciplinary Panel" means The Bahamas Anti-Doping Disciplinary
Panel established under section 19;

"doping" means the occurrence of one or more of the anti-doping rules
violations established under section 8;

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

"international event" means an event where -

(a) the International Olympic Committee,

(b) the International Paralympic Committee,

(c) an International Federation,

(d) a major event organization; or

ANTI-DOPING IN SPORTS ACT, 2009

(e) another international sport organization,

is the ruling body for the event or appoints the technical officials for

the event;

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

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

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

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

" Minister" means the Minister responsible for Sports Promotion and
relations with sporting organizations;

"National Anti-Doping Organization" means -

(a) an entity designated by a state as possessing the primary
authority and responsibility to adopt and implement rules in
that country which are equivalent to the Anti-Doping Rules,
and to direct the collection of samples and the management
of test results; and

(b) where such designation has not been made by the competent
public authority of a state, the national Olympic Committee
of that state or its designatee;

"national level athlete" means an athlete, other than an international level
athlete, who is designated by the Commission or the National Anti-
Doping Organization to which he is subject, as being within the
Commission's or organization's Registered Testing Pool;

"Prohibited List" means the Prohibited List published by WADA which
identifies the prohibited substances and prohibited methods, ·as
amended from time to time;

''prohibited method" means any method so described on the Prohibited
List;

''Registered Testing Pool" means the pool of athletes established
separately by each international sporting federation or National

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ANTI-DOPING IN SPORTS ACT, 2009

Anti-Doping Organization, as the case may be, who are subject to
both in-competition and out-of-competition testing as part of the
test distribution planning of that federation or organization;

"tampering" means altering for any improper purpose or in an improper
way, bringing improper influence to bear, interfering improperly to
alter results or prevent normal procedures from occurring;

"test or testing" means the doping control process involving test
distribution planning, sample collection, sample handling and
sample transport to the laboratory;

" use" in relation to a prohibited substance or prohibited method means the
application, ingestion, injection or consumption by any means
whatsoever of any prohibited substance or prohibited method as the
case may be; and

"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 November 10, 1999, and named in the
instrument as the World Anti-Doping Agency.

3. Convention to have force of law.

The Unesco International Convention against Doping in Sport shall have the
force of law in The Bahamas.

PART 11 -THE BAHAMAS ANTI-DOPING COMMISSION

4. Establishment of The Bahamas Anti-Doping Commission.

(I) There is established for the purposes of this Act, a body to be known as
TI1e Bahamas Anti-Doping Commission which shall be a body corporate.

(2) The provisions of the First Schedule shall have effect as to the
constitution and procedure of the Commission and otherwise in relation
thereto.

5. Functions of the Commission.

(I) The Commission shall perform such functions as are necessary to
facilitate the control and prevention of doping in sports including -

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(a) implementing the policies and programmes of the Government
against doping in sport;

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

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ANTI-DOPING IN SPORTS ACT, 2009

(c) planning, implementing and monitoring information and education
programmes aimed at educating athletes, athlete support personnel,
parents, the media and the general public in The Bahamas about
doping in sport matters, such as -

(i) the health consequences of doping;

(ii) the harm of doping to the ethical values of sport;

(iii) prohibited substances and prohibited methods;

(iv) therapeutic use exemptions;

(v) nutritional supplements;

(vi) doping control procedures and results management;

(vii) the athlete's rights and responsibilities with regard to doping
in sport, and the consequences of committing an Anti-Doping
Rules violation.

(d) establishing a register for the Registered Testing Pool of national-
level and international-level Bahamian athletes who are citizens or
residents of The Bahamas and notifying such athletes and relevant
national sporting organizations of entries made in the register;

(e) directing the anti-doping programme of the Government specific to
sports including, the conducting of testing of 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;

(t) testing any athlete whether or not he is a citizen or resident of The
Bahamas;

(g) notifying test results to athletes and, as the case may be,
governments of countries other than The Bahamas, anti-doping
organizations of other countries, or other signatories to the Code in
accordance with bilateral or multilateral agreements entered into by
The Bahamas with such governments, organizations or signatories;

(h) entering into reciprocal testing agreements with National Anti-
Doping Organizations outside The Bahamas, in relation to any
athlete;

(i) encouraging and facilitating the negotiation by any sporting
organization and Anti-Doping Organization of any agreement
permitting their members to be tested by authorized doping control
teams from other countries;

0) co-operating with the testing and education initiatives of WADA
and other anti-doping organizations;

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ANTI-DOPING IN SPORTS ACT, 2009

(k) supporting, encouraging, conducting and promoting research about
doping in sports matters that contributes to the development and
implementation of efficient anti-doping programmes;

( I) consulting with, advising and assisting-

(i) Government departments and agencies, local authorities, The
National Olympic Committee, national sporting
organizations and other bodies or persons on any matters
concerned with doping in sport issues and related matters;

(ii) foreign government and non-governmental organizations and
other persons outside of The Bahamas, for the purpose of
promoting the adoption of uniform international testing
procedures for doping in sports;

(m) publishing and making available the Prohibited List and any
revision thereof to athletes and as such all athletes shall be deemed
to accept the Prohibited List and any amendments made thereto as
binding on them;

(n) advising the Minister on any doping in sport matters;

(o) performing any other functions relating to doping in sport that are
conferred on the Commission by this or any other enactment; and

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

(2) In the performance of its functions, the Commission-

(a) shall establish for its use, and for the use of its committees,
procedures that are appropriate and fair in the circumstances;

(b) shall develop appropriate procedures to-

(i) reflect the needs of athletes who are under the age of
eighteen years;

(ii) reflect the culture and any disabilities or other special
concerns of athletes; and

(iii) protect the right to privacy of each athlete;

(c) may impose fees or charges for the provision of information, advice
or other services, requested of the commission (other than for
information requested by an athlete relating to the athlete).

(3) TI1e powers of the Commission may be exercised in a state other than The
Bahamas in relation to athletes who are citizens of The Bahamas, subject
to the approval of the relevant foreign state or relevant national sporting
organization of such state.

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ANTI-DOPING IN SPORTS ACT, 2009

6. Commission to make rules.

The Commission may, with the approval of the Minister, make rules (in this Act
referred to as "Anti-Doping Rules") for controlling the occurrence of doping in
sports and for carrying out the objects of this Act, and without limiting the
generality of the foregoing such rules may provide for-

(a) initiating, implementing or enforcing any part of the doping control
process;

(b) analysis of samples;

(c) athlete whereabouts information;

(d) the consequences of violating one or more of the Anti-Doping
Rules;

(e) the assessment of costs for disciplinary hearings; and

(f) results management.

7. Minister may give directions to Commission.

(I) The Minister may, after consultation with the Chairman of the
Commission, give to the Commission, directions in writing of a general
character as to the policy to be followed by the Commission in the
performance of its functions, as appear to the Minister to be necessary in
the public interest and the Commission shall give effect thereto.

(2) The directions referred to in subsection (I) shall not relate to-

(a) a particular athlete or athlete support personnel;

(b) doping control.
(3) The Commission shall comply with any directions given under subsection

(I).

PART Ill -ANTI-DOPING RULES VIOLATION

8. Anti-Doping rules violation.

For the purposes of this Act, an Anti-Doping Rules violation shall mean an
occurrence of any one of the following-

(a) the presence of a prohibited substance or its metabolites or markers
in 'Ill athlete's specimen;

(b) the use or attempted use of a prohibited substance or a prohibited
method;

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ANTI-DOPING IN SPORTS ACT, 2009

(c) the refusal or failure without compelling justification to submit to
sample collection after notification as authorized in applicable Anti-
Doping rules or otherwise evading sample collection;

(d) the violation of applicable requirements regarding athlete
availabil ity for out-of-competition testing, including the failure to
provide information regarding an athlete's whereabouts and missed
tests which are declared based on reasonable rules which comply
with the International Standard for testing;

(e) tampering or attempting to tamper with any part of doping control;

(f) the possession of prohibited substance or prohibited methods;

(g) trafficking in any prohibited substances or prohibited method; or

(h) the administration or attempted administration of a prohibited
substance or prohibited method to any athlete, or assisting,
encouraging, aiding, abetting, covering up or any type of complicity
involving an Anti-Doping Rules violation or any attempted
violation.

9. Automatic individual disqualification.

Where an athlete who competes in an individual sport is found after an in
competition test to have committed an Anti-Doping Rules violation, that athlete
shall be liable to automatic disqualification of his individual results in that
competition.

10. Sanctions on individuals.

An athlete or other person who is found to have committed one or more of the
Anti-Doping Rules violations referred to in section 8 during or in connection
with an event shall in accordance with rules made by the Commission be liable
to -

(a) disqualification;

(b) ineligibility; or

(c) provisional suspension.

11. Consequences to teams.

Where more than one member of a team who competes in a team sport is found
to have committed an Anti-Doping Rules violation during an event, the members
of the team may be liable to-

(a) disqualification;

(b) ineligibility; or

(c) provisional suspension,

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ANTI-DOPING IN SPORTS ACT, 2009

in accordance with the rules made by the Commission.

12. Therapeutic Use Exemption Certificate.

(I) An athlete with a medical condition requiring the use of a prohibited
substance or prohibited method, shall first obtain a Therapeutic Use
Exemption Certificate in accordance with the provisions of this Act, the
Anti-Doping Rules and the International Standard for Therapeutic Use
Exemption, from BADTUEC or as the case may require, the international
sporting federation under whose control the athlete competes.

(2) Notwithstanding the provisions of subsection (1), an international-level
athlete or athlete who participates in international events shall apply to the
international sporting federation concerned for the Therapeutic Use
Exemption Certificate, except in emergency situations, no later than
twenty-one days before the athlete's participation in an international
sporting event or otherwise provided for in the Anti-Doping rules of that
international sporting federation, and provide to BADTUEC a copy of
such an application prior to the international event.

(3) The application for a Therapeutic Use Exemption Certificate from an
athlete shall-

(a) be made immediately after the athlete becomes aware that the use
of a Prohibited Substance or Prohibited Method is required; and

(b) subject to any circumstance of emergency, be obtained prior to the
athlete's participation in any competition or event.

(4) Where an athlete who is subject to testing and has been granted a
Therapeutic Use Exemption Certificate by an international sporting
federation, the athlete shall immediately report the granting of the
Therapeutic Use Exemption Certificate to WADA, and to the relevant
national sporting organization and shall provide to BADTUEC all the
relevant information and documentation.

(5) Every national level athlete and athlete participating in national events
shall obtain a Therapeutic Use Exemption Certificate for the BADTUEC,
unless such an athlete has previously received a Therapeutic Use
Exemption Certificate from an international sporting federation and such
Therapeutic Use Exemption Certificate is still valid and the grant of which
has been previously reported to the BADTUEC and the Commission.

13. Application to be made in accordance with international standards.

(I) An application for a Therapeutic Use Exemption Certificate to the BAD
TUEC shall be made in accordance with the International Standard for
Therapeutic Use Exemption.

(2) The athlete on whose behalf the application has been made shall provide
written consent for the transmission of-

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ANTI-DOPING IN SPORTS ACT, 2009

(a) all information pertaining to the application to the BADTUEC, and
as required, other independent medical or scientific experts and to
all necessary staff involved in the management or review of
Therapeutic Use Exemptions;

(b) the decision ofBADTUEC to be distributed to WADA and to other
relevant Anti-Doping Organizations under the provisions of the
Code.

14. Appointment of the Bahamas Anti-Doping Therapeutic Use
Exemption Committee.

(I) The Commission shall appoint a Committee to be known as the Bahamas
Anti-Doping Therapeutic Exemption Committee (in this Act, known as
"BADTUEC") consisting of six duly qualified medical practitioners.

(2) The appointment of every member of the BADTIJEC shall be evidenced
by an instrument in writing, which shall state the period of office of the
member not exceeding three years, as the Commission may specify in the
instrument and each member shall be eligible for re-appointment.

(3) The Commission shall appoint one of the members of the BADTUEC to
be the Chairperson thereof.

( 4) The BADTUEC shall act independently of the Commission and shall not
have any other official responsibility within the Commission.

(S) Where any member of the BADTIJEC is connected with an athlete
(having regard to their familial, business or other relationship) or has an
interest in any national sporting organization or international sporting
federation, such a member is excluded from considering any application
for Therapeutic Use Exemption from that athlete or as the case may be
any athlete who is a member or participant in a sporting event organized
or sanctioned by the international sporting federation or national sporting
organization in which he has an interest. ·

15. Functions of BADTUEC.

The functions of the BADTIJEC shall be to-

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(a) receive and examine applications from national-level athletes for
Therapeutic Use Exemption Certificates;

(b) grant Therapeutic Use Exemption Certificates;

(c) revoke Therapeutic Use Exemption Certificates;

(d) perform any other functions that are conferred or imposed on it by
this Act.

ANTI-DOPING IN SPORTS ACT, 2009

16. Notification of Therapeutic Use Exemption.

(I} The BADTUEC shall promptly notify the Commission of its decision to
grant a Therapeutic Use Exemption Certificate.

(2) The Commission upon being notified by the BADTUEC of the grant of a
Therapeutic Use Exemption Certificate shall notify WADA thereof.

17. WADA may review and reverse TUE Certificates.

Where the BADTUEC has made a decision to grant or deny the grant of a
Therapeutic Use Exemption Certificate to an athlete, WADA, at the request of
the athlete or on its own initiative, may review the grant or denial of the
Therapeutic Use Exemption Certificate and where WADA determines that the
granting or denial of such Therapeutic Use Exemption Certificate did not
comply with the International Standard for Therapeutic Use Exemption in force
at the time then, WADA may reverse the decision to grant or to deny the
Therapeutic Use Exemption Certificate.

18. Recognition of results of other Anti-Doping Organizations.

The Commission shall recognize the results of laboratory analysis by other anti-
doping organizations once conducted in accordance with the WADA
International Standard for Testing.

PART IV - DISCIPLINARY PANEL

19. Establishment of The Bahamas Anti-Doping Disciplinary Panel.

(I) There is established for the purposes of this Act a body to be called The
Bahamas Anti-Doping Disciplinary Panel (hereinafter referred to as the
"Disciplinary Panel").

(2) The provisions of the Second Schedule shall have effect to the constitution
and procedure of the Disciplinary Panel and otherwise in relation thereto.

20. Commission to refer findings to Disciplinary Panel

Where it appears that there has been an Anti-Doping Rules violation, the
Commission shall refer the matter to the Disciplinary Panel.

21. Functions of the Disciplinary Panel.

(I) The functions of the Disciplinary Panel shall be -

(a) to receive, examine and hear evidence relating to an Anti-Doping
Rules violation;

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(b) to conduct disciplinary hearings related to Anti-Doping Rules
violations referred to it by the Commission;

(c) to determine whether a violation of the Anti-Doping Rules has
occurred;

(d) to impose consequences of Anti-Doping Rules violations;

(e) to perform any other functions that are conferred or imposed on the
Disciplinary Panel by this Act.

(2) The Disciplinary Panel on receiving a written reference from the
Commission asserting an Anti-Doping rules violation shall-

(a) within fourteen days of the date of receipt of the reference,
commence a hearing;

(b) within twenty days of the date of receipt of the reference, issue a
written decision;

(c) within thirty days of the date of receipt of the reference, issue
written reasons for the decision given in paragraph (b).

22. Appeals.

(I) Subject to section 20, where -

(a) any athlete or other person who is the subject of the decision being
appealed;

(b) the Commission;

(c) the relevant international sporting federation;

(d) the relevant national sporting organization;

(e) The Bahamas Olympic Association;

(f) WADA,

is aggrieved by a decision of the Disciplinary Panel, that person or body
may within fourteen days of the decision of the Disciplinary Panel and in
the prescribed manner, lodge an appeal with the Appeals Tribunal
established under section 23 against any decision of the Disciplinary
Panel.

(2) Every decision of the Disciplinary Panel in respect of an Anti-Doping
Rules violation shall remain in effect during the appeal process unless the
Appeals Tribunal otherwise orders.

23. Establishment of Anti-Doping Appeals Tribunal.

(I) For the purposes of an appeal under section 23, there is established an
Appeals Tribunal to be known as "The Bahamas Anti-Doping Appeals
Tribunal" constituted in accordance with the Third Schedule.

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ANTI-DOPTNG rN SPORTS ACT, 2009

(2) The functions of the Appeals Tribunal shall be-

(a) to hear and determine issues arising from a decision of the
Disciplinary Panel-

(i) that an Anti-Doping Rules violation was or was not
committed;

(ii) imposing consequences of an Anti-Doping Rules violation;

(iii) that an anti-doping organization lacks jurisdiction to rule on
an Anti-Doping Rules violation or consequences of an Anti-
Doping Rules violation;

(iv) to impose a provisional suspension as a result of a
provisional hearing;

(b) to determine the consequences of an Anti-Doping Rules violation to
be imposed;

(c) to perform any other functions that are conferred or imposed on the
Appeals Tribunal by virtue of this Act.

(3) The Appeals Tribunal shall, on the lodging of an appeal-

( a) within twenty-one days of lodging, receive, hear and examine the
evidence relating to the appeal;

(b) within thirty days of the date of lodging, issue written reasons for
the decision.

(4) An appeal shall not in its entirety exceed three months except in
extenuating circumstances.

24. Appeals of International athlete.

Where an appeal is in respect of an international event or a case involving an
international-level athlete, the decision of the Disciplinary Panel may be
appealed directly to the Court of Arbitration.

25. Confidentiality.

(I) Every-

(a) member of the Commission;

(b) officer and employee of the Commission;

(c) expert retained by the Commission to assist in its investigations and
deliberations;

(d) member of the Appeals Tribunal;

(e) member of the Disciplinary Panel,

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ANTI-DOPING IN SPORTS ACT, 2009

shall keep secret and confidential all information coming to his knowledge
in the course of the administration of this Act, except in so far as the
Commission authorizes that person to release any such information.

(2) Any person who contravenes subsection (I) shall be guilty of an offence
and shall be liable on summary conviction to a fine not exceeding
ten thousand dollars.

26. Regulations.

The Minister may make regulations generally for giving effect to the provisions
of this Act and without prejudice to the generality of the foregoing, the
regulations may provide for-

(a) the determination and collection of fees and charges in connection
with the exercise of the functions of the Commission;

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

(c) the forms to be used for the purposes of this Act;

(d) anything required by this Act to be prescribed.

FIRST SCHEDULE

(section 4(2))

CONSTITUTION AND PROCEDURE OF THE BAHAMAS ANTI-DOPING
COMMISSION

1. Constitution of Commission.

The Commission shall consist of the following members-

( a) nine persons, who the Minister is satisfied are of high integrity and
able to exercise sound judgment in fulfilling their responsibilities
under this Act (hereinafter referred to as "appointed members");
and

(b) the Director of Sports, ex officio.

2. Chairman.

(I) The Minister shall appoint a Chairman and a Deputy Chairman from

among the appointed members.
(2)

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In the case of absence or inability to act of the chairman, the Deputy

Chairman shall perform the functions of the Chairman.

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ANTI-DOPING IN SPORTS ACT, 2009

(3) In the case of absence or inability to act of the Chairman or Deputy
Chairman, the Minister may appoint any other member to perform the
functions of the Chairman or, as the case may be, the Deputy Chairman,
during such absence or incapacity.

3. Acting Appointments.

If any member is absent or unable to perform his duties due to absence or illness,
the Minister may appoint any person to act in place of that member, so, however,
that such appointment shall be made in the same manner and from among the
same category of persons as would be required in the case of a substantive
appointment.

4. Tenure of office.

( 1) A member of the Commission shall be appointed by the Minister by
instrument in writing and shall hold office for a period not exceeding three
years unless he resigns or his appointment is revoked in accordance with
paragraph 7.

(2) Every member shall be eligible for reappointment.

5. Quorum.

The quorum shall consist of six members including the Chairman or any person
appointed to act as Chairman, who shall preside at all meetings.

6. Resignation.

( 1) The Chairman may at any time, by instrument in writing addressed to the
Minister, resign his office as Chairman of the Commission.

(2) A member of the Commission other than the Chairman may at any time
resign his office as member by instrument in writing addressed to the
Minister and transmitted through the Chairman.

(3) Where the Chairman ceases to be a member he shall also cease to be
Chairman.

(4) The resignation of the Chairman or a member of the Commission shall
take effect from the date of the receipt of the instrument of resignation by
the Minister.

7. Revocation.

The Minister may at any time revoke the appointment of any member of the
Commission if such member-

(a) becomes of unsound mind or becomes permanently unable to
perform his functions by reason of ill health;

(b) is convicted and sentenced to a term of imprisonment;

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(c) fails without reasonable excuse to carry out any of the functions
conferred or imposed on him under this Act; or

(d) engages in such activities as are reasonably considered prejudicial
to the interest of the Commission.

8. Gazetting of membership.

The names of all members of the Commission as first constituted and every
change thereafter, shall be made available to the public.

9. Decisions.

The decisions of the Commission shall be by a majority of votes, and in the
event of an equality of votes the Chairman shall have a casting vote.

10. Signature and Seal.

All decisions made by the Commission and all documents of the Commission
shall be signed by the Chairman or any other person so authorized to act.

11. Remuneration.

There shall be paid to the members of the Commission such remuneration
(whether by way of honorarium, salary, fees or allowances) as the Minister may
determine.

12. Procedure.

Subject to the provisions of this Act, the Commission may regulate its own
proceedings.

SECOND SCHEDULE

(section 19)

CONSTITUTION OF THE BAHAMAS ANTI-DOPING DISCIPLINARY
PANEL

1. Constitution of Disciplinary Panel.

The Disciplinary Panel shall consist of not more than seven persons as follows

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(a) a Chairman, who shall be a counsel and attorney-at-law of at least
ten years standing at the Bar;

ANTI-DOPING IN SPORTS ACT, 2009

(b) three persons each of whom have been duly qualified medical
practitioners for not less than five years; and

(c) three persons each of whom shall be or has previously been a sports
administrator or an athlete.

2. Acting appointments.

Where the Chairman or any other member of the Disciplinary Panel is absent or
unable to perform his duties, the Minister may, appoint another person to act in
the place of the Chairman or the other member, so that such appointment shall
be made in the same manner and from among the same category of persons as
would be required in the case of the substantive appointment.

3. Tenure of office.

(l) A member of the Disciplinary Panel shall be appointed by the Minister by
instrument in writing and shall hold office for a period not exceeding
three years unless he resigns or his appointment is revoked in accordance
with paragraph 5.

(2) Every member shall be eligible for reappointment.

4. Resignation.

(I) The Chairman may at any time, by instrument in writing addressed to the
Minister, resign his office as Chairman of the Disciplinary Panel.

(2) A member of the Disciplinary Panel, other than the Chairman may at any
time resign his office as member by instrument in writing addressed to the
Minister and transmitted through the Chairman.

(3) Where the Chairman ceases to be a member, he shall also cease to be
Chairman.

(4) The resignation of the Chairman or a member of the Commission shall
take effect from the date of the receipt of the instrument of resignation by
the Minister.

S. Revocation.

The Minister may at any time revoke the appointment of any member of the
Disciplinary Panel if such member-

(a) becomes of unsound mind or becomes permanently unable to
perform his functions by reason of ill health;

(b) is convicted and sentenced to a term of imprisonment;

(c) fails without reasonable excuse to carry out any of the functions
conferred or imposed on him under this Act; or

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ANTI-DOPfNG fN SPORTS ACT, 2009

(d) engages in such activities as are reasonably considered prejudicial
to the interest of the Disciplinary Panel.

6. Gazetting of membership.

The names of all members of the Disciplinary Panel as first constituted and
every change thereafter, shall be made available to the public.

7. Remuneration.

There shall be paid to the members of the Disciplinary Panel such remuneration
(whether by way of honorarium, salary, fees or allowances) as the Minister may
determine.

THIRD SCHEDULE

(section 23(1))

CONSTITUTION OF THE BAHAMAS ANTI-DOPING APPEALS TRIBUNAL

l. Constitution of Appeals Tribunal.

The Appeals Tribunal shall consist of five persons -

(a) a chairman, who shall be appointed by the Minister and has served
as either a Judge of the Supreme Court or of the Court of Appeal;

(b) one person, who is a counsel and attorney-at law of at least ten
years standing at the Bar;

(c) one person, who has served in sports administration for at least ten
years;

(d) two persons, who have served in sports medicine for at least ten
years.

2. Acting Appointments.

3.

Where the Chairman or any other member of the Appeals Tribunal is absent or
unable to perform his duties, the Minister may, appoint another person to act in
the place of the Chairman or the other member, so that such appointment shall
be made in the same manner and from among the same category of persons as
would be required in the case of the substantive appointment.

Tenure of office.

(l) A member ofthe Appeals Tribunal shall be appointed by the Minister by
instrument in writing and shall hold office for a period not exceeding

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ANTI-DOPING IN SPORTS ACT, 2009

three years unless he resigns or his appointment is revoked in accordance
with paragraph 5.

(2) Every member shall be eligible for reappointment.

4. Resignation.

(I) The Chainnan may at any time, by instrument in writing addressed to the
Minister, resign his office as Chairman of the Appeals Tribunal.

(2) A member of the Appeals Tribunal other than the Chairman may at any
time resign his office as member by instrument in writing addressed to the
Minister and transmitted through the Chairman.

(3) Where the Chairman ceases to be a member he shall also cease to be
Chairman.

( 4) The resignation of the Chairman or a member of the Appeals Tribunal
shall take effect from the date of the receipt of the instrument of
resignation by the Minister.

5. Revotation.

The Minister may at any time revoke the appointment of any member of the
Appeals Tribunal if such member-

(a) becomes of unsound mind or becomes permanently unable to
perform his functions by reason of ill health;

(b) is convicted and sentenced to a term of imprisonment;

(c) fails without reasonable excuse to carry out any of the functions
conferred or imposed on him under this Act; or

(d) engages in such activities as are reasonably c;onsidered prejudicial
to the interest of the Appeals Tribunal.

6. Gazetting of membenhip.

The names of all members of the Appeals Tribunal as first constituted and every
change thereafter, shall be made available to the public.

7. Remuneration of members.

There shall be paid to the members of the Appeals Tribunal such remuneration
(whether by way of honorarium, salary, fees ·or allowances) as the Minister may
determine.

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ANTI-DOPING IN SPORTS ACT, 2009

This Bill seeks to implement a regime to discourage the use of drugs and

doping methods in sport in The Bahamas. Recognizing that The Bahamas is a

signatory to both the UNESCO International Convention against doping in sport

as well as the Copenhagen Declaration on Anti-Doping in Sport, this Bill seeks

to provide for domestic law which is aligned with the World Anti-Doping Code.

The Bill is divided into five parts. Part I provides the short title of the Bill,

the words and definitions which have been used in the Bill and also provides that

the UNESCO International Convention against doping in Sport shall have the

force of law in The Bahamas.

Part II of the Bill seeks to establish a corporate body to be called The

Bahamas Anti-Doping Commission which would be responsible for the

administration of anti-doping in The Bahamas. Some of the functions of the

Commission would include inter alia, the implementation of Government's

policies and programmes in the fight against doping in sport as well as ensuring

that The Bahamas satisfies any obligations that may arise by virtue of being a

signatory to the Convention and by extension the World Anti-Doping Code. In

addition, the Commission is enabled to make rules to further govern anti-doping

in sport in The Bahamas.

Part lii of the Bill provides for the Anti-Doping rules violations; what

constitutes an anti-doping rules violations and the consequent sanctions imposed

on athletes who are found to have committed an Anti-Doping Rules violation.

This Bill also provides for Therapeutics Use Exemption Certificates and the

procedures for requiring same.

Recognizing that every athlete who is found to have committed an Anti-

Doping Rules violation has a right to be heard, Part IV of the Bill seeks to

provide for the establishment of both a Disciplinary Panel and an Appeals

Tribunal.

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ANTI-DOPING IN SPORTS ACT, 2009

Part V of the Bill seeks to make the disclosure of any information

obtained in the course of the administration of this Bill an offence punishable on

summary conviction. This Part also seeks to make provision for the Minister to

make any regulations under this Bill.

The First, Second and Third Schedules set out the composition and

procedure of The Bahamas Anti-Doping Commission, the Disciplinary Panel

and the Appeals Tribunal, respectively.

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