Amendment Of The Anti-Doping - Federal Act 2007

Original Language Title: Änderung des Anti-Doping-Bundesgesetzes 2007

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93. Federal Act to amend the Anti-Doping Federal Act 2007

The National Council has decided:

The Anti-Doping Federal Act 2007 (ADBG 2007), BGBl. I n ° 30, as last amended by the Federal Law BGBl. I No 48/2013, shall be amended as follows:

1. Before heading to 1. The following table of contents is inserted:

" TOC

Section 1

Sports-related anti-doping regulations

§ 1. Objectives and violation of anti-doping rules

§ 1a. Definitions

§ 2. Dopingprevention, Information and Enlightenment

§ 3. Federal measures to comply with the anti-doping regulations

§ 4. Independent Doping Control

§ 4a. Independent Austrian Anti-Doping Rights Commission (ÖADR)

§ 4b. Independent Arbitration Commission

§ 5. National Test Pool

§ 6. Cost replacement

§ 7. Report on Compliance with the Anti-Doping Rules

§ 8. Medical exemptions

§ 9. Initiation of doping control procedures

§ 10. Content of the Doping Control Arrangement

§ 11. General provisions on doping controls

§ 12. Doping controls in competitions and competition events

§ 13. Doping controls in cadre trainings and training courses

§ 14. Analysis of samples

§ 14a. Audit request

§ 15. Proceedings before the independent Austrian Anti-Doping Law Commission

§ 15a. Other procedural provisions

§ 16. Not applicable

§ 17. Proceedings before the Independent Arbitration Commission

§ 18. Special obligations of sports organisations

§ 19. Special obligations of the athletes who belong to the National Test Pool

§ 20. Special provisions for animals

Section 2

Special information requirements

§ 21. Information requirements of doctors, dentists and veterinarians

Section 3

Special information and criminal provisions, occupational consequences of doping

§ 22. Not applicable

§ 22a. Judicial Criminal Provisions

§ 22b. Customs clearance and information requirements of customs authorities

§ 22c. Cooperation between law enforcement authorities and the Independent Doping Control System

§ 22d. Occupational consequences of doping

Section 4

Final provisions

§ 23. Delimitation to other laws

§ 24. Referral to other legislation

§ 25. Personal names

§ 26. Enforcement

§ 27. In-and out-of-force, transitional provisions

§ 28. Pending procedures "

2. § § 1 and 1a, in each case together with the heading, are:

" Objectives and violation of anti-doping rules

§ 1. (1) This law serves to strengthen the anti-doping work. Doping contradicts the principle of fairness in sporting competition as well as the true value of sport (sports spirit), which is originally linked to sport. In addition, doping in connection with sporting activities can harm health.

(2) A breach of anti-doping rules shall be applicable if:

1.

in the body tissue or in the body fluid of sportsmen banned active substances, their metabolites or markers (as a result: prohibited active substances) according to the reference list of the Anti-Doping Convention, BGBl. No 451/1991, (in the following text: list of prohibitions), or

2.

Apply or attempt to use, or attempt to use, or attempt to use prohibited active substances in themselves, or to try to do so in accordance with a ban list; or

3.

sportsmen are being given banned active substances or are being tried or are being applied to, or are being tried out, banned methods according to the ban list; or

4.

Sportsmen in a period of twelve months commit any combination of a total of three control-(§ 1a Z 11) or reporting obligations (§ 1a Z 13) or

5.

athletes or their caregivers who do not have a compelling reason not to participate in the legally ordered doping controls; or

6.

Athletes or their caregivers have prohibited active substances and/or equipment for the use of prohibited methods in accordance with the prohibition list, provided that they are not intended for their own medical treatment or for activities other than the care of the Sportsmen (e.g. doctors for medical treatment in emergencies) are required or

7.

Athletes or their carers who have an inadmissible influence on the doping control procedure, or who are trying to do so, or

8.

Athletes or their caregivers, despite written notification by an anti-doping organization, about the possible consequences of a banned treatment with a caregiver who is due to breach anti-doping rules is blocked or has been sanctioned (Section 18 (4)), in the exercise of their sporting activity, have been dealing or

9.

athletes or their caregivers with prohibited active substances or equipment for the use of prohibited methods in accordance with the prohibition list, or who are trying to do so or

10.

Athletes or their caregivers may support other athletes or caregivers in case of infringements or attempted infringements in accordance with Z 2 to 9 by means of guidance, concealment or assistance.

(3) Paragraph 2 (2), (1) to (3) and (6) shall not apply in so far as a medical exception has been granted pursuant to § 8 or is subsequently granted. With regard to sports in which animals take part in competitions, the special provisions of § 20 must also be observed.

(4) As far as this law is applicable to the Anti-Doping Convention and its reference list (prohibition list) or to the International Convention against Doping in Sport, BGBl, which is adopted by UNESCO. III No 108/2007, (as a result of the UNESCO Convention) and/or on its annexes, they shall be applied in the version made known in the Federal Law Gazprom.

(5) In the case of underage sportsmen or sportsmen with intellectual impairments, the civil law provisions on their representation as well as the corresponding provisions of data protection law shall apply.

Definitions

§ 1a. In the sense of this federal law:

1.

Anti-Doping Organization : An organisation responsible for at least part of the doping control process, including the International Olympic Committee (IOC), the International Paralympic Commitee (IPC), the World Anti-Doping Agency (WADA), international sports federations and national anti-doping organisations;

2.

Eye-catching analysis result : the protocol of a laboratory accredited by WADA, which requires further examination in accordance with the internationally recognized standards in the anti-doping work (§ 4 para. 7) before a standard-deviating analysis result is established;

3.

Caregivers : all persons who systematically support or cooperate with athletes in the exercise of their sporting activities, in particular doctors, trainers, physiotherapists, masseurs, functionaries, family members and managers;

4.

BSO : Austrian Federal Sports Organisations;

5.

CAS : Court of Arbitration for Sports;

6.

Doping control : All actions, from the notification of the athlete, from sampling, sampling, processing of samples to the transport of samples to the laboratory;

7.

Doping control plan : a plan in which the total available means of doping, based on the available means, on the various sports/sports disciplines, according to the number of sportsmen, the basic structure of the season, the general competition plans, and training patterns, the relative benefits of training and competition controls, as well as the doping risk and pattern of the respective sport/sports discipline;

8.

Doping control station : the place where the sampling is carried out;

9.

Doping control procedures : All steps from the selection of athletes for doping checks to the conclusion of the proceedings before the Independent Arbitration Commission;

10.

International Sports Association : non-governmental organisation which is responsible for one or more sports at international level;

11.

Missed Test : failure of a sportsman of the top segment of the National Test Pool (§ 5) to be available for doping control at the place and at the time within the 60-minute window of time he has indicated for that day;

12.

Team sport : sport in which the exchange of players during a competition is permitted;

13.

Reporting failure : failure of a sportsman of the National Test Pool (§ 5) to report his data on accessibility and residence of the Independent Doping Control Facility;

14.

Reporting system : An electronic database management tool for the use of these data, made available to athletes for the performance of their reporting obligations, in accordance with the provisions of the 2000 Data Protection Act (DSG 2000), BGBl. I No 165/1999;

15.

National Anti-Doping Organization : The institution/institution set up by a country which is responsible for and responsible for the implementation of anti-doping rules, the instigation of sampling, the management of control results and the Initiate anti-doping procedures at national level.

16.

National Test Pool : a group of sportsmen who are compiled for competitions and training checks according to certain criteria and which are subject to the reporting requirements in accordance with § 19;

17.

Standard analysis result : the protocol of a laboratory accredited by WADA, in which the presence of a prohibited active substance, its metabolites or markers (including increased endogenous substances) or the use of a prohibited method in a sample it is established;

18.

ÖADR : Independent Austrian Anti-Doping Law Commission;

19.

Sample : biological material taken in the course of the doping control procedure for laboratory testing;

20.

Sampling : all successive acts which directly affect the athlete from the notification to the departure of the doping control station after the submission of the sample (s);

21.

Athletes : persons,

a.

the members or licensees of a sports organization or of a related organization, or who were, or are apparently intending to be, at the time of a potential breach of anti-doping regulations, or

b.

participating in competitions organized by a sports organisation or by an organisation associated with it, or sponsored by federal sports promotion funds, or

c.

who have otherwise committed themselves to comply with the anti-doping rules;

22.

Sports Organization : Austrian Olympic Committee (ÖOC), Austrian Paralympic Committee (ÖPC), Federal Sports Association (ÖBSV), Österreichischer Disabled Sports Association (ÖBSV);

23.

Training Control (Out-of-Competition) : doping control which does not take place during the duration of the competition;

24.

Inadmissible influence on the doping control procedure : All actions and participations in actions to prevent the initiation of doping control procedures or to alter the results of doping controls;

25.

WADA : World Anti-Doping Agency;

26.

WADC : World Anti-Doping Code;

27.

Competition Duration : the time specified by the organiser from the beginning to the end of a competition;

28.

Competition Control (In-Competition) : doping control which takes place during the duration of the competition. "

3. § 2 (1) to (4) reads:

" (1) The Federation has to support doping prevention. The independent doping control body shall draw up information, information and prevention programmes, the ultimate objective of which is to preserve the spirit of sport and to prevent the use of prohibited active substances or prohibited methods. These programmes shall, in particular, cover:

1.

Prohibited active substances and methods according to § 1;

2.

Infringements of anti-doping rules;

3.

consequences of doping, including sanctions and health and social consequences;

4.

Doping control procedures;

5.

rights and obligations of athletes and caregivers;

6.

Medical exemptions;

7.

Dealing with risks of food supplements;

8.

Damage to doping for the sport spirit;

9.

applicable reporting requirements.

(2) The Independent Doping Control Institution shall inform the BSO, sports organisations, athletes, caregivers and competition organisers of the rules referred to in paragraph 1 above, and on:

1.

the bodies that are entitled to carry out doping checks;

2.

the criteria for the selection of national competitions and athletes for doping checks;

3.

the criteria for inclusion in the National Test Pool (§ 5);

4.

the cost of the doping control procedure;

5.

without prejudice to the provisions of section 15a (3) and (17) (14), the security measures (e.g. suspension) of the Independent Anti-Doping Control Facility (Independent Doping Control Institution) and the blocking of athletes and caregivers, and their repeal, the names of the persons concerned, the duration of the ban and the reasons for being able to be reclosed to the health data of the persons concerned; in the case of minors, this information has to be kept under;

6.

What data and for what purpose these are used in the framework of the Anti-Doping Work or a doping control procedure.

(3) Before major international competitions, the athletes and caregivers designated for posting must be verifiably informed by the competent sports organisations within the meaning of paragraph 2.

(4) The information referred to in paragraph 2 shall be provided by the Independent Doping Control Institution free of charge to the general public. "

4. § 3 (1) reads:

" (1) Funding according to the Federal Sports Promotion Act 2013 (BSFG 2013), BGBl. I No 100, sports organisations may only be allowed to comply with the conditions laid down in the 1 in addition to the conditions to be agreed. Section of this federal law, in particular para. 2 to 5, as well as § § 2 para. 3 and 4a to 20, are granted. "

5. In § 3 (2) and (4), the abbreviation shall be "BSFG" in each case by the citation "Bundes-Sportförderungsgesetz 2013" replaced.

6. § 3 (3) reads:

" (3) Athletes and caregivers who have been banned from anti-doping regulations for the duration of the ban, athletes and caregivers of all ages at the time of violation of anti-doping regulations are in principle in the long term, excluded from funding under the 2013 Federal Sports Promotion Act (Federal Sports Promotion Act). If the athletes and caregivers concerned are in a service relationship with the Federal Government, they are not allowed to provide any official exemptions for the active exercise of the Federal Sports Promotion Act 2013. Sports, participation in competitions or mentoring by athletes. The payment of grants already granted is to be disburdened. The subsidies paid out for the period from the violation of anti-doping rules shall be repaid. The permanent exclusion of funding under the Federal Sports Promotion Act 2013 or the repayment may be completely or partly waiving if the ban on the applicable anti-doping regulations is generally to be imposed on the basis of the In the event of a particular reduction in the number of claims or due to the involvement in the investigation of violations of anti-doping regulations by other persons, it has been reduced. "

7. In § 3 (6), the abbreviation shall be: "WADA" by the name "Anti-Doping Organisations" replaced.

8. § 4 reads:

" § 4. (1) The tasks of the Independent Doping Control Facility shall be in particular:

1.

Measures for the prevention of doping in accordance with Article 2 (1) and (2);

2.

Information and information on doping in accordance with § 2 (1) and (2);

3.

Monitoring compliance with the conditions of eligibility in accordance with § 3 (1) and related thereto the arrangement and conduct of doping checks and reporting on compliance with the anti-doping regulations within the meaning of this Act;

4.

Determination of control (§ 1a Z 11) or reporting obligations (§ 1a Z 13) and the costs associated with it;

5.

View, analysis and evaluation of information on potential breaches of anti-doping rules;

6.

Introduction of test applications in accordance with § 14a;

7.

Perception of the party position in accordance with § § 15 (2) and 17 (2);

8.

Representation in matters of anti-doping in international institutions at expert level.

The independent doping control facility is independent of state bodies and private individuals in the performance of its tasks in terms of content. The body responsible for these tasks in accordance with paragraph 5 shall be made known by regulation. The affected parties as well as the relevant federal sports association are to be shown to be informed of findings in accordance with Z 4.

(2) The Independent Doping Control Institution shall set up the following commissions with the following tasks:

1.

the Ethics Committee, consisting of at least three, but not more than five, professionally qualified and experienced in the anti-doping work, in support of measures to prevent doping, as well as information and education on doping;

2.

the Medical Commission, which consists of three doctors with appropriate experience, an expert in pharmacy and a dentist, to decide on applications for medical exemptions in accordance with § 8 para. 3 and counseling in medical matters. The experts of the pharmacy who are generally members of the Commission and the dentist who is basically a member of the Commission are only part of the Commission, and thus to be attached, only in the case of technically relevant applications and consultations;

3.

the Veterinary Commission, which comprises two, but not more than four veterinarians with appropriate experience and an expert in pharmacy, for advice on veterinary matters;

4.

the selection committee, which shall consist of at least three, but not more than five, qualified persons.

The members of the Commissions according to Z 1 to 3 are four years and the members of the Commission according to Z 4 are to be ordered for two years. For each member, a substitute member with the required qualification and experience is to be ordered for the case of the prevention. The members shall appoint a member as chairman and a member as his deputy. Reorders shall be admissible. Early dismisation is only permitted for important reasons. The members (substitute members) can leave the function at any time. If a member (substitute member) retires prematurely, a new one shall be nominated for the remaining period of the functional period. The members of the Commissions decide to be free of instructions and independent of state bodies, private individuals and the Independent Doping Control Board. They shall decide by a majority of votes and shall be able to quorum if at least half of the members are present or represented by a substitute member. In the event of a tie, the Chairperson shall vote. The Commission may also take decisions in the circulation procedure if, on the basis of the clear facts, a discussion is not required at a meeting and no member of a decision is in any way contrary to that decision.

(3) The institutions and employees of the Independent Doping Control Board, members of the control team (Section 11 (2)) and the commissions referred to in paragraph 2 (1) to (4) shall be obliged to secrecy over their activities, provided that nothing is legally required by law. Other provision is made. They have to abstain from the exercise of their duties and to arrange for their representation if one of the reasons for the partiality referred to in § 7 of the General Administrative Procedure Act 1991 (AVG), BGBl. No. 51. The obligation of confidentiality shall not apply to the institution responsible for the imposition of safeguards and disciplinary measures, the Independent Arbitration Commission, the Courts and Administrative Authorities and the Anti-Doping Organisations, in the event of a case of authorisation, which are responsible according to the applicable anti-doping regulations of the competent international sports professional association. The Independent Doping Control Body and the Independent Arbitration Commission may, subject to public interest, be able to provide relevant information on procedures of public importance in response to public procurement procedures. Opinions of the athlete concerned or of the caregiver concerned or of the sports organisation concerned concerning the provisions of Section 2 (2) (5) above shall take a position vis-à-vis the public in a procedure. An opinion shall only be admissible if, by their time and content, the personal rights of the person concerned, in particular health data according to § 4 Z 2 DSG 2000 or the highest personal living area according to § 7 of the Media Act (MedienG), BGBl. No 314/1981, the protection of the presumption of innocance in accordance with § 7b of the Media Act and the right to a fair trial are not violated.

(4) For the members of the control teams (Section 11 (2)), the Independent Doping Control Board shall issue a light-image ID for the legitimation of doping controls.

(5) In order to carry out the tasks of the Independent Doping Control Board, a non-profit-making company with limited liability exists with the company "Nationale Anti Doping Agentur Austria GmbH" with the short name "NADA Austria". The federal government is involved in its share capital with more than half of its share capital. Unless otherwise specified in this federal law, the provisions of the GmbH-Gesetz (GmbHG), RGBl, are to be applied to this company. No 58/1906. The Federal Minister for National Defence and Sport is responsible for administering the Federal Government's shares in the company.

(6) The Independent Doping Control Institution may, without prejudice to the provision of Section 22c (1), the personal data incurred in the performance of its duties, with the exception of health data, in the event of a reasoned request to the courts, and In so far as the relevant data for the enforcement of the respective legally mandated tasks form an essential condition and the transmission is provided for by national law or national law, authorities shall forward them to the competent authorities. The Data Protection Act 2000 shall comply with the Data Protection Act 2000 with regard to the use of data, in particular measures to ensure data security and data secrecy, including relevant teachings. of employees, to meet.

(7) The Independent Doping Control Board shall carry out its duties in accordance with internationally recognized standards in the anti-doping work, in particular WADA's rules of law, insofar as federal or European Union law do not stand in opposition.

(8) With regard to the determination referred to in paragraph 1 Z 4, the person concerned may, within four weeks of notification, request the verification of the determination by the Independent Arbitration Commission. "

9. According to § 4, the following § § 4a and 4b, in each case together with the heading, are inserted:

" Independent Austrian Anti-Doping Rights Commission (ÖADR)

§ 4a. (1) The independent Austrian Anti-Doping Legal Commission (ÖADR) is a commission independent of state bodies, private individuals and the Independent Doping Control Board. In accordance with the applicable anti-doping regulations of the competent international sports association, it has to carry out disciplinary proceedings for the respective federal sports association (Anti-Doping Procedure).

(2) The ÖADR shall, in principle, consist of three permanent members and three permanent substitute members with the following qualifications:

1.

the chairman and one other member (their substitute members) must have completed a degree in law and experience in carrying out formal investigation procedures;

2.

one member (his substitute member) must be an expert in sports medicine.

(3) The members of the ÖADR are to be ordered from the Independent Doping Control Board to four years, whereby reorders are admissible. For each member, a substitute member with the required qualification and experience is to be ordered for the case of the prevention. The members shall appoint a member as chairman and a member as his deputy. Early dismisation is only permitted for important reasons. The members (substitute members) can leave the function at any time. If a member (substitute member) fails prematurely, a new one shall be nominated for the remaining period of the operating period. The members of the ÖADR decide by a majority of votes and are quorum if at least half of the members appointed are present or represented by a substitute member. In the event of a tie, the Chairperson shall vote. The ÖADR may also take decisions in circulation if, on the basis of the clear facts, a discussion at a meeting is not necessary and no member of a decision is in this way contrary. The provisions of Section 4 (3) shall apply to the ÖADR.

(4) The Federal Sports Association, for which the ÖADR has to decide, has the right to nominate another member with a completed study of law within two weeks of knowledge of the test request (§ 14a).

(5) The ÖADR has a procedural order to contain the more detailed provisions on the procedure. The Rules of Procedure shall be made available to the general public in an appropriate manner.

(6) The Independent Doping Control Board shall have an adequate functional fee for the three members of the ÖADR, for the preparation of the proceedings, participation in the oral proceedings, the chairmanship and the constitution of the members of the To decide on the preparation and constitution of the decision in a lump sum and for the oral proceedings by time. In addition, any travel expenses incurred are incurred. The fee paid by the members of the ÖADR is part of the cost of the procedure.

(7) The ÖADR is established in the Independent Doping Control Facility.

(8) § 4 (6) is to be applied in a reasonable way.

Independent Arbitration Commission

§ 4b. (1) The Independent Arbitration Commission shall be a Commission independent of state bodies, private individuals and the Independent Doping Control Board. Without prejudice to the provisions of Section 17 (10) (1) and (2), it is established for the review of the decisions of the ÖADR in anti-doping procedures at the Independent Doping Control Facility.

(2) The Independent Arbitration Commission shall, in principle, consist of four permanent members as well as four permanent substitute members with the following qualifications:

1.

the chairman (his substitute member) must have the judicial or legal examination;

2.

a member (his/her substitute) must have completed a degree in law and experience in the execution of formal investigation procedures;

3.

one member (his replacement member) must be an expert in analytical chemistry or toxicology;

4.

one member (his substitute member) must be an expert in sports medicine.

(3) The members (substitute members) pursuant to Section 2 (2) (1) to (4) shall be appointed by the Federal Minister for National Defence and Sport for a period of four years. New orders and an early revocation of the order due to important reasons are permitted. The members (substitute members) can leave the function at any time. If a member (substitute member) fails prematurely, a new one is to be ordered on the remaining period of the operating period.

(4) The party pursuant to § 17 paragraph 2 Z 1 may nominate another member for its case pending at the Independent Arbitration Commission, as well as the respective responsible federal sports association. The other member may be dismissed by the respective nominee for important reasons, or may himself resign the function. In this case, a new member may be nominated.

(5) The Independent Arbitration Commission shall be subject to the expenses of the Independent Arbitration Board. The independent doping control body shall have an appropriate functional fee for the four members of the Independent Arbitration Commission for the preparation of the proceedings, attendance at the oral proceedings, The chairman and the constitution of the decision to determine the preparation and the constitution of the decision in a lump sum and for the oral proceedings by time. In addition, any travel expenses incurred are incurred. The fee paid by the members of the Independent Arbitration Commission in a proceeding is part of the cost of the proceedings.

(6) § 4 (6) shall apply mutasensitily. "

10. § § 5 and 6, in each case together with the heading, are:

" National Test Pool

§ 5. (1) The Independent Doping Control Institution has to establish a National Test Pool for the targeted anti-doping work after hearing the relevant Federal Sports Association. For the inclusion of athletes in the National Test Pool, the Independent Doping Control facility is to carry out a sports-related and an individual risk assessment.

(2) The sports-related risk assessment shall be carried out in particular on the basis of the following factors:

1.

the physiological requirements that a sport makes to an athlete;

2.

the potential performance-enhancing effects that doping is capable of bringing to a sport;

3.

the doping risk of a sport due to its history;

4.

the doping trend of a sport used by expertise;

5.

the conspicuous accumulation of suspicionents in terms of doping practices in a sport;

6.

the results of the last test cycles;

7.

the price or recoverable grants which may be obtained at the various levels of performance of a sport;

8.

the special importance of a sport for competitive sports in Austria.

(3) The individual risk assessment shall be carried out in particular on the basis of the following factors:

1.

the level of performance of the sportsman in the relevant sport;

2.

the performance of the sportsman in the relevant sport;

3.

the prize money and subsidies that are usually associated with the performance level of Z 1.

(4) Two segments of the National Test Pool will be established on the basis of the sports-related and the individual risk assessment referred to in paragraphs 2 and 3. The top segment of the National Test Pool will be allocated to athletes for whom the estimations according to paragraphs 2 and 3 are high. All other selected athletes belong to the base segment of the National Test Pool.

(5) Athletes who have been suspended during their membership of the National Test Pool or who have been suspended for a limited period of time shall, in principle, remain in the National Test Pool for the duration of the suspension or suspension.

(6) The National Test Pool shall be used to excrete sportsmen and women who

1.

due to the sports-related and individual risk assessment in accordance with paragraphs 2 and 3, the conditions for admission are no longer fulfilled, or

2.

the Independent Doping Control Agency shall inform the end of the active career in writing.

(7) The Independent Doping Control Board has been shown to require the relevant Federal Sports Association (Bundessportfachverband) to request the affected athlete from the admission to and from the departure from the National Test Pool and/or its segment to inform. In the case of admission to the athlete, the relevant Federal Sports Association shall disclose to the athlete the provision of the law, on the basis of which he has been admitted to the National Test Pool, and the related reporting obligations. With the information of the sportsman by the Federal Sports Association and the Declaration of Commitment in accordance with Section 19 (1), his reporting obligations are to be established in accordance with § 19.

Cost replacement

§ 6. (1) The Independent Doping Control Institution may require the following cost replacement:

1.

the costs of doping control, the laboratory and the proceedings before the ÖADR (§ 4a) by the competent federal sports association in the event of an established infringement of anti-doping regulations by athletes or caregivers;

2.

the cost of the analysis of the "B sample" by the athlete, if it has been requested by him and is standard deviation;

3.

from the athlete the cost of the labordocumentation produced at his request;

4.

the costs of doping control, which have been incurred by the Independent Doping Control Institution on the basis of a control (§ 1a Z 11) or failure to notify (§ 1a Z 13) (Section 4 (1) (4)) of the relevant Federal Sports Association (Bundessporfachverband);

5.

the costs of doping control and those of the laboratory, in accordance with Article 9 (2), which have ordered doping control;

6.

in the cases referred to in Z 5, exceptionally by a third party, if the regulations to be applied to the respective competition or the respective competition event are obliged to reimbursethe costs.

(2) The costs referred to in paragraph 1 (1) (2) and (3) shall be paid in advance by the athlete of the Independent Doping Control Institution. In the case of a non-standard analysis result of the "B-sample", the athlete shall be reimbursed for the costs of the "B-sample".

(3) The costs referred to in paragraph 1 (1) (1) and (4) shall, in so far as the costs have not been replaced in accordance with paragraph 1 (1) (5) or (6), be by the Federal Sports Association and the costs referred to in paragraph 1 (5) or (6) by the organisation concerned within four weeks of Payment request of the Independent Doping Control Facility to be replaced.

(4) The costs referred to in paragraph 1 (1) and (4) shall be reimbured to the person concerned for replacement at the request of the respective competent federal sports association, with the simultaneous assignment of his replacement claim to the Independent Doping Control Board.

(5) The Independent Doping Control Board shall reimburse the reimbursement of expenses received in accordance with para. 3 or 4 if, in the event of an appeal to the Independent Arbitration Commission, the latter or, in the case of a subsequent referral to the CAS, this or a civil court has been established has that there is no violation of anti-doping rules. "

11. In § 7, § 14 (2) and (3) and § 20 (4), the word "Bundessportfachverband" in each case by the word "Bundes-Sportfachverband" in the correct grammatical form in each case.

12. § 8 (1) first sentence reads:

" If, in the event of illness or injury to the sportsman who belongs to the national test pool, the taking of medicinal products with banned active substances or the use of prohibited methods after medical or dental diagnosis is required, it must be in the case of the Independent Doping Control Institution, to apply for a medical derogation, provided that the applicable anti-doping regulations of the competent international sports association do not have the responsibility of the competent international sports association or are not valid Exceptional authorisation of an anti-doping organization. "

Section 8 (2) reads as follows:

" (2) The decision shall be taken in accordance with the applicable anti-doping regulations of the competent international sports professional association within 21 days of the application and to inform the athlete in writing. The authorisation shall be granted on a temporary basis for the duration of the necessary administration or treatment. A revocation shall be permitted only in accordance with these regulations. As regards the use of data, the independent doping control facility shall take measures to ensure data security and data secrecy, in particular in the case of employees ' information on this matter. "

14. § 8 (3), first sentence reads:

"In order to decide on applications for medical derogation, the Independent Doping Control Board shall use the Medical Commission (Article 4 (2) (2) (2))."

(15) In § 8 (5) and (6) second sentence shall be taken before the word "Exception Approval" the word "Medical" inserted.

16. § 8 (7) reads:

" (7) If a medical derogation is not granted, the athlete concerned may, within four weeks from the date of notification of the decision, request the review of the Independent Arbitration Commission, provided that the applicable law is in force. Anti-doping regulations of the competent international sports professional association are not responsible for this. "

17. The following paragraph 8 is added to § 8:

" (8) Decisions on medical exemptions granted by another Anti-Doping Organisation may be taken by the Independent Doping Control Institution in accordance with the applicable anti-doping rules of the competent authority. an international sports association. "

18. In § 9 para. 3, the parenthesis shall be "(Section 4 (2) (6))" by the parenthesis expression "(Section 4 (2) (4))" and the parenthesis "(§ 1a Z 5)" by the parenthesis expression "(§ 1a Z 7)" replaced.

19. § 9 (7).

20. § 10 para. 1 Z 2 lit. b is:

" b.

Name of the person/persons (name of the animal/animal) and/or number of sportsmen (animals) to be selected by the head of the control team on the basis of the criteria (representative cross-section) for the doping control established for this arrangement are, "

21. § 10 para. 1 Z 3 lit. b is:

" b.

the name of the person/persons (name of the animal or animals) and/or the number of sportsmen (animals) to be selected by the head of the control team on the basis of the criteria laid down for this order (e.g. placements) for the doping control; and "

22. § 11 (1) reads:

" (1) Doping controls may be carried out by the Independent Doping Control Institution, international sports federations, the IOC, the IPC, or the WADA. The independent doping control system shall be responsible:

1.

for doping controls in athletes (§ 1a Z 21) and caregivers (§ 1a Z 3);

2.

for the doping checks carried out by WADA, by an International Sports Association, a foreign national sports association or a foreign national doping control body. "

23. § 11 (5) reads:

" (5) A written record shall be recorded on doping control. In any event, the protocol must be made by the head of the control team and by the person concerned. The person concerned shall announce in the protocol an electronic delivery address (e-mail) or postal delivery address to which all deliveries can be made in an all-due anti-doping procedure. "

The first sentence of Article 11 (7) reads as follows:

"In the case of doping checks, if there is a suspicion of a breach of anti-doping rules, the doping control team of the Independent Doping Control Agency shall immediately inform the facts of the facts of the case with the evidence."

25. In § 11, para. 7, second sentence, the parenthesis shall be "(§ 1 para. 2 Z 5 in conjunction with para. 3)" by the parenthesis expression "(§ 1 para. 2 Z 6 in conjunction with para. 3)" replaced.

26. § 12 (1) first sentence reads:

"Doping controls in competitions and competition events can be announced by the head of the doping control team under the legitimation and presentation of the arrangement with the coaches or those responsible for competition."

27. § 14 (1) reads:

" (1) For the analysis of the samples given during the doping control on prohibited substances and methods, the Independent Doping Control Facility may only use laboratories accredited by WADA. "A-sample" and "B-sample" are to be fed indirectly to the laboratory. With the laboratory, the Independent Doping Control Board has to agree that the samples should be used in accordance with the internationally recognized standards in the anti-doping work (§ 4 paragraph 7), which are to be used by the laboratories accredited by WADA, to shall be analysed and documented. This also applies in particular to further analyses on the basis of eye-catching analysis results. "

28. In § 14 paragraph 2 Z 3 lit. c will be the phrase "in accordance with the international standard to be used by the laboratories accredited by WADA," through the phrase "according to the internationally recognized standards in the anti-doping work (§ 4 paragraph 7)" replaced.

29. In accordance with § 14, the following § 14a and title shall be inserted:

" Test request

§ 14a. The independent doping control body, having knowledge of a non-standard analysis result, or on suspicion of suspicion, analysis and evaluation pursuant to § 4 (1) (5) (5), has been in breach of the applicable law. Anti-doping regulations of the competent international sports professional association without delay to apply for a procedure pursuant to § 4a (1) including the safety measures provided for in the regulations at the ÖADR (test request). The affected person as well as the relevant federal sports association are verifiably to be informed of the submitted test application. "

30. § 15 together with the headline is:

" Procedure before the independent Austrian Anti-Doping Law Commission

§ 15. (1) The ÖADR has an anti-doping procedure (§ 4a paragraph 1) by the Independent Doping Control Board (§ 4a paragraph 1) after the application of the test (§ 14a) on the basis of the applicable anti-doping regulations of the competent international sports association . The parties pursuant to paragraph 2 and the respective competent federal sports association are to be shown to inform them of this.

(2) Parties to the proceedings before the ÖADR are

1.

who are affected by the suspicion of a breach of anti-doping rules; and

2.

The Independent Doping Control Institution as the body operating the test request (§ 14a).

(3) In the event of an anti-doping procedure being initiated, the security measures (e.g. suspension) provided for in the current anti-doping regulations of the competent international sports professional association shall be imposed on the party pursuant to Section 2 (1) (1). The party referred to in paragraph 2 (1) (1) must be informed of the decision on the security measure imposed and the rules of procedure of the ÖADR.

(4) With the initiation of the anti-doping procedure, the party referred to in paragraph 2 Z 1 shall be informed that within four weeks of the initiation of the anti-doping procedure, the party shall be informed of:

1.

in writing, on the accusation of a breach of anti-doping rules and/or

2.

will be able to do without oral proceedings.

If the party refuses to participate in the anti-doping procedure in accordance with paragraph 2 (1), the oral proceedings may not be held.

(5) Without prejudice to the provisions of paragraphs 4 and 9, the ÖADR shall, in principle, carry out an oral hearing. Oral proceedings shall be convened and guided by the Chairman. If a party does not appear to be a party to an oral hearing, it may be carried out without the participation of this party. The parties referred to in paragraph 2 shall have the right to provide evidence, to designate witnesses and to interview witnesses and to grant legal assistance. The parties referred to in paragraph 2 shall bear the costs of their representation, the experts, interpreters and witnesses who have been requested to do so, as well as the other evidence submitted by them. The ÖADR may also provide experts, interpreters and witnesses, with the costs involved being part of the costs of the proceedings.

(6) If the decision on suspicion of breach of anti-doping rules is contingent on whether the party is allowed to continue the competition or take part in the next competition in accordance with paragraph 2 (1), and is not to be expected according to the evidence and the facts of the case, In the case of application of paragraph 5, that the anti-doping procedure will be completed in good time, an abbreviated hearing may be held at the request of the applicant. In this case, the hearing shall be carried out in an oral proceedings to be held without delay and shall be decided on the basis of the evidence provided.

(7) Evidence which has been obtained in the event of false facts or unlawful acts shall not be used for the determination of a doping violation.

(8) The decision in the anti-doping procedure has to be taken in writing, with the appropriate justification, without delay, no later than 12 weeks from the initiation of the anti-doping procedure, provided that the parties agree not to have a longer period in accordance with paragraph 2. , and it can be proven that the parties and the relevant Federal Sports Association are to be assigned to the respective parties.

(9) The ÖADR may take a provisional decision without a hearing if the facts of the case are clear. If, within four weeks from the date of notification of the provisional decision, one of the parties in accordance with paragraph 2 is in writing against the provisional decision, the provisional decision does not produce a binding effect and the ÖADR has the anti-doping procedure. to continue. If the parties do not object to the provisional decision in accordance with paragraph 2, the decision shall be final. Section 17 (1) shall not apply in this case. "

31. In accordance with § 15, the following § 15a and title shall be inserted:

" Other procedural provisions

§ 15a. (1) In its decision, the ÖADR shall also carry out a determination of the costs in accordance with § 6. With regard to this cost determination, the parties may, in accordance with Section 15 (2) and the respective competent Federal Sports Association, provided that the costs have not been imposed on the person concerned in accordance with § 6 (4), within four weeks of delivery the decision shall seek the review by the Independent Arbitration Commission.

(2) The Chairman shall disclose the costs and the calculation thereof to the parties at the end of the proceedings.

(3) The ÖADR has the BSO, sports organisations, sportsmen, caregivers and competition organisers, as well as the general public on the safety measures imposed (e.g. suspension) and decisions in anti-doping procedures, indicating the name of the The person concerned, the duration of the lock and the reasons for this, without being able to reclose the health data of the person concerned, should be informed. In the case of minors, this information has to be kept down. "

32. § 16 together with the title shall be deleted.

33. § 17 reads:

" § 17. (1) In the event of decisions pursuant to § 15, the parties may, within four weeks of notification, request the Independent Arbitration Commission for their review within four weeks of notification. The decision shall be reviewed by the Independent Arbitration Board on legality and may be fixed or amended in any direction on grounds of illegality. The request for review shall not have suspensive effect on the decision pursuant to § 15.

(2) Parties to the proceedings before the Independent Arbitration Commission

1.

the person affected by the decision of the ÖADR,

2.

the Independent Doping Control Facility; and

3.

the persons authorized by the current anti-doping regulations of the competent international sports professional association.

(3) The proceedings before the Independent Arbitration Commission are subject to the provisions of Sections 580 (1) and (2), 588 (2), 592 (1) and (2), 594 and 595, 597 to 602, 604, 606 (1) to (5), 608 (1) and (2) and 610 of the Civil Procedure Code (ZPO), RGBl. 113/1895, mutatily, apply. In addition, the Independent Arbitration Commission has to give itself a procedural order to contain the more detailed provisions on the procedure. The Rules of Procedure shall be made available to the general public in an appropriate manner.

(4) The Independent Arbitration Commission shall immediately, at the latest within twelve weeks after receipt of the request for review, decide if the parties do not agree a longer period in accordance with Section 2 (2) (1) and (2). In the event of a tie, the Chairperson shall vote. Decisions shall be taken in writing and shall be justified. Notwithstanding the Arbitration of the Independent Arbitration Commission, the parties to the arbitral proceedings shall be open to both the appeal of the CAS and the civil law path.

(5) The parties shall bear the costs of their representation, the experts and witnesses who have been requested to do so, and the other evidence submitted by them. If the proceedings are initiated at the request of the person concerned, a sum of the amount of the application fee for a litigation value of more than 7,000 Euro to 35.000 Euro in accordance with § 32 of the German Legal Fees Act (GGG), BGBl, shall be charged in advance. No 501/1984, to be paid to the Independent Doping Control Institution.

(6) In its decision, the Independent Arbitration Commission shall also carry out a determination of the costs of the proceedings. At the end of the procedure, the Chairman shall disclose the costs and the calculation thereof to the parties.

(7) In the event of a confirmed breach of anti-doping rules, the costs referred to in paragraph 6 of this Article shall be reduced by the amount previously paid in paragraph 5 to the person concerned up to a maximum amount of € 6,000 to replace the independent To impose a doping control device.

(8) If the proceedings have been carried out at the request of the Independent Doping Control Board, the costs of the proceedings shall be laid down to the relevant Federal Sports Association up to a maximum amount of 6,000 euros. At the request of the respective competent federal sports association, these costs must be paid to the person concerned to replace them with the simultaneous assignment of his replacement claim to the Independent Doping Control Board.

(9) The costs of the proceedings shall be reimbursed by the Independent Doping Control Institution if there is no violation of anti-doping rules or if this is detected in the case of subsequent referral to the CAS or a civil court.

(10) The Independent Arbitration Commission shall decide, without prejudice to its competence in accordance with paragraph 1 above, to:

1.

Pursuant to § 4 (8) of the determination of a control (§ 1a Z 11) or obligation to notify us (§ 1a Z 13) without delay, no later than twelve weeks after receipt of the verification request, provided that the parties do not have a longer period in accordance with paragraph 11 Z 1 The period of time to be agreed; paragraphs 5 to 9 shall apply mutatily, with the proviso that an amount in the amount of the entry fee for a dispute of more than 3,500 euros to 7,000 euros in accordance with § 32 of the tariff post 2 GGG is to be paid in advance and the maximum amount shall be 3,000 euros ; only the verification of the costs associated with the failure shall be carried out by the respective the competent federal sports association, the amount is to be paid in advance by the competent federation of sports professionals;

2.

pursuant to Section 8 (7) on the failure to grant a medical exception immediately, at the latest within two weeks of receipt of the request for verification, provided that the parties do not agree to a longer period in accordance with paragraph 11 (2) (2); paragraphs 5 to 9 shall apply by analogy, with the proviso that an amount in the amount of the the introduction fee for a litigation value of more than 3,500 Euro to 7,000 Euro in accordance with § 32 of the German Collective Bargaining Agreement (GGG) is to be paid in advance and the maximum amount is 3,000 euros;

3.

Pursuant to Section 15a (1) of the Convention on the Determination of Costs without delay, no later than twelve weeks from the date of receipt of the request for review, provided that the parties do not agree to a longer period in accordance with paragraph 11 (3); paragraphs 5 to 9 shall apply mutaly to the In accordance with § 32 (2) of the German Collective Bargaining Agreement (GGG), an amount in the amount of the entry fee for a litigation fee of more than € 3,500 to € 7,000 shall be paid in advance and the maximum amount shall be 3,000 euros.

(11) Parties in the matters referred to in paragraph 10 are:

1.

in respect of the decision to establish a control (§ 1a Z 11) or failure to notify (§ 1a Z 13) of the persons affected by the determination and the independent doping control system and the costs associated with it the relevant Federal Sports Association, provided that it has not applied for the assignment of such a sports association;

2.

with regard to the decision on the non-granting of a medical derogation from the person concerned and the Independent Doping Control Facility;

3.

as regards the decision on the determination of the costs of the relevant Federal Sports Association, provided that no application has been made pursuant to Section 6 (4), the person concerned and the Independent Doping Control Board.

(12) The more detailed provisions relating to the procedure in the matters referred to in paragraph 10 are to be found in the Rules of Procedure in accordance with paragraph 3.

(13) The decisions of the Independent Arbitration Commission shall be notified to the parties to the proceedings and to the relevant Federal Sports Association.

(14) The Independent Arbitration Commission has the BSO, sports organisations, athletes, caregivers and competition organisers, as well as the general public on their decisions, indicating the names of the parties concerned, the duration of the lock and the reasons for their decision. , without being able to be resigned to health data of the person concerned, should be informed. In the case of minors, this information has to be kept down. "

34. § 18 reads:

" § 18. (1) Sport organisations shall, in their area with the means at their disposal, support the doping controls and monitor and enforce compliance with the safeguards and disciplinary measures imposed.

(2) have sports organisations:

1.

recognise the current anti-doping rules of the competent international sports professional association and the anti-doping rules applicable to the relevant international competition, which include the posting of sportsmen and women;

2.

recognise the provisions of this Federal Law, in particular § § 3 to 18;

3.

inform their members and their associated athletes and their caregivers regularly of the anti-doping regulations and, in particular, in the sense of Section 2 (2) (2) (1) to (4);

4.

to take appropriate doping prevention measures in their area in accordance with the doping risk and pattern of the relevant sport/sport discipline and to monitor their compliance on an ongoing basis;

5.

continuously adapt its regulations to the applicable regulations in accordance with Z 1;

6.

in their conditions of participation for competitions or competition events:

a.

the non-authorisation of athletes and carers who are suspended or suspended for doping;

b.

the non-authorisation of sportsmen during the periods referred to in Article 19 (6) and (7);

c.

the obligation of the sportsman to recognise the provisions in accordance with § 19;

d.

the recognition of the obligations under this Federal Act by the participants.

If an agreement provides for a derogation in accordance with Article 11 (8), the terms and conditions of participation shall be adjusted accordingly;

7.

the Independent Doping Control Institution shall immediately indicate the resting, change, loss or deposit of the membership of the athletes of the National Test Pool;

8.

the decisions of the ÖADR and the Independent Arbitration Commission in the respective To recognise and implement impact on their impact.

(3) Sport organisations shall provide the necessary means to carry out the doping checks to the extent necessary to carry out doping checks. They shall, in particular, within the limits of their competence:

1.

The Independent Doping Control Facility shall immediately call for tenders for national championships and Austrian championships, including the application of the application and the timetable, no later than four weeks before the date of commencement of the event, and without delay in the event of any postponements. to report in writing, no later than one day before the start of the competition;

2.

to report immediately to the Independent Doping Control Institution the times and places of the intended training camps and team training, as well as any change in such data;

3.

In order to ensure that the necessary spatial infrastructure for the doping control station (§ 1a Z 8) is available on site during the championships in accordance with Z 1 and the international competitions and competition events in Austria;

4.

Representatives of the Independent Doping Control Institution and other legitimate anti-doping organisations, after their legitimation, unimpeded access to the competition and training venues, premises in accordance with Z 3, and to the changing rooms .

(4) Sporting organisations shall not use the following caregivers:

1.

Caregivers who are locked on the basis of an anti-doping procedure (§ 4a para. 1) for the duration of the ban. If the duration of the lock exceeds 24 months, the person concerned may not be employed for a total of six years from the beginning of the ban;

2.

Caregivers who have been sanctioned in a criminal or civil law procedure for an act that would have represented an anti-doping violation, for the duration of the sanction, but at least for six years since the corresponding Decision;

3.

Caregivers who do not commit themselves in writing to the sports organization,

a.

to submit to the anti-doping regulations of the respective national and international sports professional association,

b.

to refrain from acting in accordance with the principles of fairness in sporting competition and in sporting spirit; and

c.

the sports organization to announce a postal delivery address or electronic delivery address.

(5) Sporting organisations may only be allowed under the conditions laid down in paragraph 4, and only sportsmen who have made the declaration of commitment in accordance with section 19 and are not excluded from participation on the basis of a security or disciplinary measure; Send to competitions. They have to refrain from any acts which may give the appearance of support for the posting of excluded persons for activities in the vicinity of the team (nominated sportsmen and accompanying persons). In addition, in the presence of the conditions laid down in paragraph 4, the athletes and carers concerned may not be supported by the sports organisations. Athletes of team sports can be allowed to participate in the training with the team two months before the end of the lock by the competent federal sports association, if by the behaviour during the lock-in particular by participation on doping prevention measures-a further violation by the sportsman against anti-doping regulations is not to be expected. If the last quarter of the deadlock is shorter than two months, the shorter period shall apply to the possibility of participation in the training.

(6) Sport organisations and the BSO may only include sports organisations as members, the rules of which and, where appropriate, their conditions of participation in competitions and competitions shall comply with the rules laid down in paragraphs 2 to 5 and the rules governing the participation of sports organisations shall be: commit themselves to an ongoing adaptation of their regulations in accordance with paragraph 2 Z 5. If recorded sports organisations repeat these regulations and harshly violate the adjustment obligation, their membership must be dissoluted.

(7) Federal sports federations and the Austrian Association for the Disabled have to obtain the declaration of commitment in accordance with § 19 (1) by athletes who are to be included in the National Test Pool. After their existence, they have their name, date of birth, sport, sport discipline, cadence, accessibility (residential addresses, postal addresses, or electronic delivery addresses, telephone numbers) and their association, and to submit a copy of the Declaration of Commitment of the Independent Doping Control Board.

(8) Sportsmen who are to be included in the National Test Pool may only be supported by federal sports federations and the Austrian Disabled Sports Association and only to the competitions and competition events organised by them. if they have previously made the declaration of commitment pursuant to section 19 (1). "

§ 18 reads:

" § 18. (1) Sport organisations shall, in their area with the means at their disposal, support the doping controls and monitor and enforce compliance with the safeguards and disciplinary measures imposed.

(2) have sports organisations:

1.

recognise the current anti-doping rules of the competent international sports professional association and the anti-doping rules applicable to the relevant international competition, which include the posting of sportsmen and women;

2.

recognise the provisions of this Federal Law, in particular § § 3 to 18;

3.

inform their members and their associated athletes and their caregivers regularly of the anti-doping regulations and, in particular, in the sense of Section 2 (2) (2) (1) to (4);

4.

to take appropriate doping prevention measures in their area in accordance with the doping risk and pattern of the relevant sport/sport discipline and to monitor their compliance on an ongoing basis;

5.

continuously adapt its regulations to the applicable regulations in accordance with Z 1;

6.

in their conditions of participation for competitions or competition events:

a.

the non-authorisation of athletes and carers who are suspended or suspended for doping;

b.

the non-authorisation of sportsmen during the periods referred to in Article 19 (6) and (7);

c.

the obligation of the sportsman to recognise the provisions in accordance with § 19;

d.

the recognition of the obligations under this Federal Act by the participants.

If an agreement provides for a derogation in accordance with Article 11 (8), the terms and conditions of participation shall be adjusted accordingly;

7.

the Independent Doping Control Institution shall immediately indicate the resting, change, loss or deposit of the membership of the athletes of the National Test Pool;

8.

to arrange for their members to comply with the requests of the ÖADR and the Independent Arbitration Commission and to participate properly in the proceedings. Members shall ensure that, in their regulations, in the event of an unfounded failure to comply with a request or a refusal to participate, their associated athletes and caregivers shall be able to make an appropriate and effective The sanction mechanism is provided for;

9.

to recognise and implement the decisions of the ÖADR and the Independent Arbitration Commission in their impact on their impact;

10.

To its members, the obligations of Z 1 to 9, as far as objectively applicable, by provisions in the regulations or contractually to be transferred.

(3) Sport organisations shall provide the necessary means to carry out the doping checks to the extent necessary to carry out doping checks. They shall, in particular, within the limits of their competence:

1.

The Independent Doping Control Facility shall immediately call for tenders for national championships and Austrian championships, including the application of the application and the timetable, no later than four weeks before the date of commencement of the event, and without delay in the event of any postponements. to report in writing, no later than one day before the start of the competition;

2.

to report immediately to the Independent Doping Control Institution the times and places of the intended training camps and team training, as well as any change in such data;

3.

In order to ensure that the necessary spatial infrastructure for the doping control station (§ 1a Z 8) is available on site during the championships in accordance with Z 1 and the international competitions and competition events in Austria;

4.

Representatives of the Independent Doping Control Institution and other legitimate anti-doping organisations, after their legitimation, unimpeded access to the competition and training venues, premises in accordance with Z 3, and to the changing rooms .

(4) Sporting organisations shall not use the following caregivers:

1.

Caregivers who are locked on the basis of an anti-doping procedure (§ 4a para. 1) for the duration of the ban. If the duration of the lock exceeds 24 months, the person concerned may not be employed for a total of six years from the beginning of the ban;

2.

Caregivers who have been sanctioned in a criminal or civil law procedure for an act that would have represented an anti-doping violation, for the duration of the sanction, but at least for six years since the corresponding Decision;

3.

Caregivers who do not commit themselves in writing to the sports organization,

a.

to submit to the anti-doping regulations of the respective national and international sports professional association,

b.

to refrain from acting in accordance with the principles of fairness in sporting competition and in sporting spirit; and

c.

the sports organization to announce a postal delivery address or electronic delivery address.

(5) With regard to caregivers who are systematically in constant contact with the athletes with regard to sporting activities, the sports organisations have to ensure that they are subject to their disciplinary anti-doping rules.

(6) Sporting organisations may only be allowed under paragraph 4 and only sportsmen who have made the declaration of commitment in accordance with section 19 and are not excluded from participation on the basis of a security or disciplinary measure; Send to competitions. They have to refrain from any acts which may give the appearance of support for the posting of excluded persons for activities in the vicinity of the team (nominated sportsmen and accompanying persons). In addition, in the presence of the conditions laid down in paragraph 4, the athletes and carers concerned may not be supported by the sports organisations. Athletes of team sports can be allowed to participate in the training with the team two months before the end of the lock by the competent federal sports association, if by the behaviour during the lock-in particular by participation on doping prevention measures-a further violation by the sportsman against anti-doping regulations is not to be expected. If the last quarter of the deadlock is shorter than two months, the shorter period shall apply to the possibility of participation in the training.

(7) Sport organisations and the BSO may only accept organisations as members whose regulations, in addition to the obligations laid down in paragraph 2 (2) (10), comply with the requirements laid down in paragraphs 2 to 6. If accepted organisations repeat these regulations and harshly violate the adjustment obligation, their membership must be resolved.

(8) Federal sports federations and the Austrian Disabled Sports Association have to obtain the Declaration of Commitment in accordance with Section 19 (1) of the National Test Pool by sportsmen who are to be included in the National Test Pool. After their existence, they have their name, date of birth, sport, sport discipline, cadence, accessibility (residential addresses, postal addresses, or electronic delivery addresses, telephone numbers) and their association, and to submit a copy of the Declaration of Commitment of the Independent Doping Control Board.

(9) Sportsmen who are to be included in the National Test Pool may only be supported by federal sports federations and the Austrian Disabled Sports Association and only to the competitions and competition events organised by them. if they have previously made the declaration of commitment pursuant to section 19 (1). "

36. § 19 together with the headline is:

" Special obligations of the athletes who belong to the National Test Pool

§ 19. (1) Athletes who are to be included in the National Test Pool have to commit themselves to the Federal Sports Association in writing.

1.

recognise as binding the respective current anti-doping regulations of the Federal Sports Association and the regulations of this Federal Law, in particular the § § 3, 5, 6, 8 to 18,

2.

to recognise the anti-doping rules applicable to the relevant international competition, on which their posting is carried out,

3.

to refrain from any violation of anti-doping rules and to ensure that any prohibited substances are not placed in their body tissue or body fluid or that prohibited methods are applied to them,

4.

to participate in the doping checks in accordance with § § 11 to 13,

5.

the basic residential address, postal address addresses or electronic delivery addresses, any name change as well as the termination of the active career to be reported immediately to the Independent Doping Control Board and the Federal Sports Association,

6.

in the case of medical or dental treatment, to inform the doctor or dentist prior to the administration of medicinal products or the use of treatment methods that they are subject to the provisions of this Federal Law,

7.

for the care only persons who are not excluded according to § 18 (4),

8.

to give explicit consent to the use of health data obtained in the analysis of doping samples and the granting of medical derogation in accordance with § 8,

9.

to comply with the requests of the ÖADR and the Independent Arbitration Commission and to participate properly in any procedures; and

10.

to comply with the reporting requirements in accordance with paragraph 3 or 4, depending on the membership of the top or base segment of the National Test Pool (§ 5).

(2) The declaration of commitment in accordance with paragraph 1 shall be submitted by the athlete within two weeks after the invitation in two copies to the Federal Sports Association (Bfederal). The declaration of commitment shall apply to the time of the athlete's membership of the National Test Pool pursuant to § 5.

(3) Athletes belonging to the top segment of the National Test Pool in accordance with § 5 shall have, in addition to the obligations set out in paragraph 1 above, a date fixed by the Independent Doping Control Facility before the first day of each quarter (1 January, 1 January 2007, 1 January 2007). April, 1 July and 1. (October) to report:

1.

for each day of the following quarter, the full address of the place where the athlete will reside (e.g. flat, temporary accommodation, hotel, etc.);

2.

for each day of the following quarter, the name and address of each place where the athlete is to train, work or perform any other regular activity (e.g. school), as well as the usual times for these regular activities;

3.

its competition plan for the following quarter, including the name and address of each place where the athlete will participate in competitions during the quarter, as well as the data to which he will participate in competitions in those places;

4.

for each day of the following quarter, a certain 60-minute window of time between 6 a.m. and 11 p.m., to which it is, at any rate, available at a certain location for doping controls and available.

Any changes in the place of stay or the availability during the quarter shall be announced immediately after knowledge, changes of the 60-minute time window at least two hours before.

(4) In the case of athletes who are members of the base segment of the National Test Pool pursuant to § 5, paragraph 3 (3) Z 1 to 3 shall apply.

(5) The Independent Doping Control System shall make available to the athletes an electronic reporting system (§ 1a Z 14) for the purpose of exercising their reporting obligations in accordance with Section 1 (5), (3) and (4) of this Regulation. The sportsmen and women have to fulfil their reporting obligations on this system. This data may only be stored as long as this is necessary for the performance of the tasks of the Independent Doping Control Facility in accordance with § 4 (1) Z 3 to 6. This is without prejudice to the rights of the sportsman according to the Data Protection Act 2000.

(6) Athletes who have been a member of the National Test Pool (§ 5) at the time of the end of the active career have to report the resumption of the active career of the Independent Doping Control Institution six months before the first competition; and to be available for doping checks in accordance with the conditions laid down in paragraph 1.

(7) Sportsmen,

1.

who have completed their active career during the suspension and/or suspension period, and

2.

have been consulted at that date by the National Test Pool, and

3.

want to resume their active runway

the residual maturity of their suspension, which has been inhibited between the termination and the reporting of the resumption of the active career, To wait for a stop before the first competition if the remaining term exceeds the six months of the obligation to declare resumed and to be available for doping checks after a renewed declaration of commitment in accordance with paragraph 1. "

Section 20 (1) reads as follows:

" (1) In the case of sports in which animals are participating in competitions, the following shall also apply:

1.

the banned active substances and methods as well as those laboratories designated by the competent international sports association shall be relevant to the animal;

2.

the obligation to notify pursuant to Article 19 (1) (5) also includes the place of hiring, the training times and places of the animal and the athlete who exercises the sport with the animal, the animal keeper or the person responsible for the animal;

3.

in the case of doping checks on animals, those persons in accordance with Z 2 who are present at the time of the start of the doping control shall be involved;

4.

the prohibition of possession (§ 1 para. 2 Z 6) and the influence of doping checks on animals (§ 1 para. 2 Z 7) as well as the settlement in accordance with § 1 paragraph 2 Z 10 apply to all persons listed in Z 2;

5.

the persons according to Z 2 shall ensure that no prohibited active substances enter the animal's body and no prohibited methods are applied to the animal. "

38. In § 20, para. 4, the parenthesis shall be "(Section 15 (3))" by the parenthesis expression "(Section 15 (6))" replaced.

39. § 20 (5) reads:

"(5) § 4a (2) (2) (2) and (4b) (2) (4) shall apply in the event of suspicion of doping against an animal, with the proviso that an expert in veterinary medicine shall be nominated in place of the expert in sports medicine."

40. In § 21 (1) and (3), the word order shall be "Sports organization according to § 9 BSFG" in each case by the word sequence "Organization according to § 3 Z 3, 12 or 13 BSFG 2013" replaced.

41. The title of the 3. Section is:

"Special information and criminal provisions, occupational consequences of doping"

Section 22, together with the title, is deleted.

43. In section 22a (1) and (2), the word order shall be "in sport" in each case by the word sequence "in connection with any sporting activity" as well as the phrase "on others" in each case by the word sequence "for sportsmen (§ 1a Z 21) or others" replaced.

(44) In § 22a (1) (1) (1), the word "Asset" by the word "Reference List" replaced.

(45) In section 22a (2), (3), (5) and (7), the word order shall "Anabolic steroids, hormones or related compounds, hormones antagonists or modulators" in each case by the word sequence "Anabolic Substances, peptide hormones, growth factors, related substances and mimetics, hormones and metabolism modulators" replaced.

(46) In section 22a (7), the word order shall be "in agreement with the Federal Minister for Health and the Federal Minister for Justice" through the phrase "in agreement with the Federal Minister for Health and the Federal Minister for Health, or the Federal Minister for Justice" replaced.

47. § 22b together with headline reads:

" Seizection authority and information requirements of the customs authorities

§ 22b. (1) When certain facts indicate that anabolic substances, peptide hormones, growth factors, related substances and mimetics, hormones and metabolism modulators mentioned in the list of prohibitions are included in a limit quantity (section 22a (1)). 7) in excess of the limits of the territory of the Federal Republic of Germany, to be placed on the market for the purposes of doping in connection with any sporting activity or to be used for sportsmen (§ 1a Z 21) or others, the Customs authorities have the power to ensure that the goods are safe. They shall report immediately to the competent public prosecutor's office. If it declares that the conditions of a guarantee (§ 110 StPO) are not available, the guarantee shall be repealed immediately.

(2) In connection with the control of the objects referred to in paragraph 1, which are brought into, through or out of the territory of the Federal Republic, the customs authorities may determine and process personal data (§ 4 Z 9 DSG 2000) and these data competent law enforcement authorities, to the extent that this is necessary for the performance of those legal tasks. "

48. In Section 22c (1), the word order shall be "the decisions of the Legal Affairs Commission" through the phrase "the decisions taken to the attention of the Commission" replaced.

Section 22c (3) reads as follows:

" (3) The Independent Doping Control Institution has in criminal proceedings because of a criminal offence pursuant to § 22a or § 147 (1a) of the Criminal Code (StGB), BGBl. No 60/1974, as well as in criminal proceedings directly related to non-compliance with anti-doping regulations, in any case a well-founded legal interest in the inspection of files pursuant to Section 77 (1) of the Criminal Procedure Code 1975 (StPO), BGBl. No. 631. "

50. In § 22d (1) (3), the citation is deleted "in accordance with § 15" .

51. § 26 Z 3 is deleted.

52. The title to § 27 reads:

"In-and out-of-the-box, transitional provisions"

53. The following paragraphs 9 to 13 are added to § 27:

" (9) The table of contents, § § 1 and 1a, in each case together with the title, § 2 (1) to (4), § 3 (1) to (4) and (6), § 4, § § 4a and 4b, in each case together with the title, § 6 including the title, § 7, § 8 (1) to (3) and 5 to 8, § 9 (3), § 10 (1), § 11 Section 1, 5 and 7, § 12 (1), section 14 (1) to (3), § § 14a, 15 and 15a, in each case together with the title, § 17, § 20 (1), (4) and (5), § 21 (1) and (3), the title of the 3. Section, section 22a (1) to (3), (5) and (7), § 22b (including the title), § 22c (1) and (3), § 22d (1)), the title to § 27 and § 28, together with the title, in the version of the Federal Law BGBl. I No 93/2014, 1. Jänner 2015 in force.

(10) § § 5 and 19, in each case together with the headline, in the version of the Federal Law BGBl. I No 93/2014, enter into force on 1 April 2015.

(11) § 18 in the version of the Z 34 of the Federal Law BGBl. I n ° 93/2014, shall be 1. Jänner 2015 in force and with expiry of 31 December 2015 except for the force.

(12) § 18 in the version of the Z 35 of the Federal Law BGBl. I n ° 93/2014, shall be 1. Jänner 2016 in force.

(13) § 9 para. 7, § 16 including the title, § 22 together with the title as well as § 26 Z 3 shall expire on 31 December 2014. "

54. In accordance with § 27, the following § 28 and heading is added:

" Pending procedures

§ 28. The proceedings pending before the end of 31 December 2014 at the Legal Commission, the General Medical Commission, the Dental Commission of the Veterinary Commission and the Independent Arbitration Commission shall be the following: Anti-Doping Federal Act 2007 (ADBG), BGBl. I No 30, to continue to apply in the version in force until 31 December 2014. This does not apply to proceedings for an infringement pursuant to Section 1 (2) (2) (3) in accordance with the legal situation in force until the end of 31 December 2014. In these cases, § 1 para. 2 Z 4 is in the order of 1. Jänner 2015 shall apply with the proviso that the infringement shall be deemed to be a control (§ 1a Z 11) or a failure to notify (§ 1a Z 13). "

Fischer

Faymann