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Anti-Doping - Federal Law 2007

Original Language Title: Anti-Doping-Bundesgesetz 2007

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30. Federal Law on the Suppression of Doping in Sport (Anti-Doping-Federal Act 2007)

The National Council has decided:

Federal Law on the Suppression of Doping in Sport (Anti-Doping-Federal Act 2007)

Doping

§ 1. (1) Doping can influence athletic performance, The health of the sports drivers is harmful and contradicts the principle of fairness in sporting competition.

(2) In principle, fairness in sporting competition is incompatible if:

1.

in the body tissue or in the body fluid of sportsmen prohibited active substances, their metabolites or markers (as a result: prohibited active substances) in accordance with the International Convention against Doping in Sport adopted by UNESCO (in the Sequence: UNESCO Convention),

2.

sportsmen or sportsmen or sportsmen or women who have been banned from sports or are being used to sportsmen or sportsmen or women in accordance with the UNESCO Convention or

3.

Sportsmen infringe the reporting requirements in accordance with § 19 paragraph 1 Z 5

4.

sportsmen or their caregivers (doctors, trainers, physiotherapists, masseurs, etc.) do not participate in legally ordered doping checks without compelling reasons,

5.

Sportsmen or their caregivers have banned active substances and/or technical equipment for the use of prohibited methods, provided that they are not intended for their own medical treatment or for activities other than the care of sportsmen and women (for medical treatment in case of emergency medical treatment),

6.

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

7.

Athletes or their caregivers against the prohibition in accordance with § 5a of the Medicines Act, BGBl. No. 185/1983.

(3) Paragraph 2 (1), (2) and (5) shall not apply in so far as a medical derogation is provided for in accordance with § 8 or is subsequently granted.

(4) Where reference is made in this Act to the UNESCO Convention, it shall be applied in the version made known in the Federal Law Gazprom.

(5) In the case of underage or mentally disabled sportsmen, the civil law provisions governing their representation shall apply.

Doping prevention

§ 2. (1) The Federation has to support doping prevention by promoting the training of caregivers of athletes (doctors, trainers, physiotherapists, masseurs, etc.), as well as through information and education programmes.

(2) The training as well as the programmes referred to in paragraph 1 shall be dealt with in particular:

1.

prohibited active substances and methods;

2.

health consequences of doping;

3.

the doping control procedure;

4.

the obligations and rights of athletes;

5.

the anti-doping rules;

6.

legal consequences in the event of an infringement of anti-doping rules.

(3) Before major international competitions, the athletes and caregivers designated for posting are from the relevant sports organisations (Austrian Olympic Committee-ÖOC; ÖPC-Österreichisches Paralympisches Commitee; Special Olympics Austria; Bundessportfachfederations; Österreichischer BehinDisabled sportverband) according to the second paragraph of this article.

Federal measures to comply with the anti-doping regulations

§ 3. (1) Funding according to the Federal Sports Promotion Act 2005-BSFG, BGBl. I n ° 143, sports organisations may be granted only under the conditions to be agreed in addition to the conditions laid down in paragraphs 2 to 5 and § 2 (3), sections 15 and 18 thereof.

(2) If the regulations referred to in paragraph 1 are infringed by sports organisations, the right to already granted sponsoring shall be issued in violation of the claim. and the subsidies paid from that date shall be refunded . Furthermore, from the knowledge of the breach, the further disburthing of already granted subsidies is to be stopped. For the duration of the violation of the regulations, the sports organization concerned is excluded from the grant of grants under the BSFG.

(3) Due to infringement of anti-doping rules by the International Olympic Committee (IOC), the competent international sports association, the International Paralympic Comité (IPC), or by a sports organization pursuant to § 2 para. 3 locked athletes and caregivers are excluded from funding under the BSFG for the duration of the ban. The payment of grants already granted is to be disburdened.

(4) Depending on the severity and frequency of the breach of the regulations referred to in paragraph 1 above, the exclusion of funding under the BSFG may be extended beyond the period referred to in paragraphs 2 and 3.

(5) The Federal Chancellor has to adopt the provisions laid down in paragraphs 2 to 4 of this Directive.

(6) The heads of the Federal Services have to ensure that representatives of the Independent Doping Control Board and WADA have access to the conduct of doping controls in the case of those who work or have been placed on their service. Sportsmen.

Independent Doping Control

§ 4. (1) The Federal Chancellor has to appoint a technically appropriate institution by means of a contract with the tasks assigned under this Federal Law of the Independent Doping Control Institution; these are in particular:

1.

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

2.

Information and Enlightenment on doping (par. 2 and 3);

3.

Monitoring compliance with the conditions of eligibility in accordance with § 3 and related to the arrangement and conduct of doping controls and reporting on compliance with the anti-doping regulations in accordance with this Act;

4.

Initiation and implementation of disciplinary proceedings and decision in accordance with § 15 for the competent Bundessportfachverband (Bundessportfachverband);

5.

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

Which institution this is, is to be made known by the Federal Chancellor's decree.

(2) The Independent Doping Control Institution shall be responsible for informing and educating the public and stakeholders interested in sport (athletes, carers, sports officials, etc.) in particular on:

1.

prohibited active substances and methods according to § 1;

2.

the health consequences of doping;

3.

Anti-doping rules of national and international sports federations;

4.

the bodies that are entitled to carry out doping checks;

5.

the approach of the Independent Doping Control Board in the selection of national competitions and athletes for doping controls;

6.

the doping control procedure;

7.

the disciplinary measures taken by national and international sports federations in the event of an anti-doping rule being infringed;

8.

Cost of doping checks;

9.

Anti-doping provisions of the Medicines Act, BGBl. No 185/1983;

10.

the rules governing the National Test Pool.

(3) The information and information referred to in paragraph 2 shall also be provided on the Internet free of charge.

(4) The Independent Doping Control Facility shall establish the following commissions:

1.

the Ethics Committee, which consists of three persons who are professionally qualified and experienced in the fight against doping, in support of measures to prevent doping, as well as information and education on doping;

2.

the Medical Commission pursuant to Section 8 (3) of the Decision on applications for medical exemptions and advice on medical matters.

3.

the Legal Commission in accordance with Section 15 (6) of the Decision on disciplinary measures in the first instance in the event of an infringement of anti-doping rules.

(5) The institutions and staff of the Independent Doping Control Board and members of the control team (Section 11 (2)) are obliged to secrecy over their activities, unless otherwise provided for by law. This duty of confidentiality does not apply to the institution of the Bundessportfachverband, the Independent Arbitration Commission, the courts and administrative authorities, which is responsible for the imposition of safeguards and disciplinary measures in the event of an event.

(6) For the members of the control teams, the Independent Doping Control Facility shall issue light-image evidence for the legitimation of doping controls.

(7) In order to carry out the tasks referred to in paragraph 1 Z 1, the Independent Doping Control Facility shall in particular also have to use former top athletes (Anti-Doping Ambassadors).

(8) The Federal Chancellor is authorized, in agreement with the Federal Minister of Finance, to a non-profit-making company with limited liability with the statutory minimum share capital, a participation of the Federal Government in the share capital with more than half, the company "Nationale Anti Doping Agentur Austria GmbH" as well as with the subject matter of the Independent Doping Control Board, and to entrust the tasks according to paragraphs 1 to 4. In addition to the company, it can also lead the short name NADA Austria. Unless otherwise provided in this federal law, the provisions of the Federal Act on Companies with Limited Liability (GmbHG), RGBl, are applicable to this company. No 58/1906. The Federal Chancellor is responsible for the administration of the shares of the Federal Government in the company.

National Test Pool

§ 5. (1) The Independent Doping Control Institution shall set up a National Test Pool for the selection of athletes for doping checks outside competitions:

1.

Sportsmen of the highest squads and the highest junior cadres of the Bundessportfachfederations;

2.

Athletes of the teams of the highest class of the Bundessportfachfederations;

3.

Athletes The performance level comparable to that of Z 1 , which are to be sent by Bundessportfachfederations to international competitions;

4.

sportsmen who meet certain performance criteria determined by the Independent Doping Control Board by mutual agreement with the competent Bundessportfachverband;

5.

Athletes who by the IOC, the competent international sports association, IPC or by a sports organization in accordance with § 2 para. 3 suspended or suspended;

6.

Athletes who have completed their active career before the end of suspension or suspension and who have been informed of the re-start of the active career of the Independent Doping Control Institution.

(2) The National Test Pool shall be excluded:

1.

athletes referred to in paragraph 1 (1) (1) to (4) after the conditions for admission have been taken

2.

athletes referred to in paragraph 1 Z 5 after the end of suspension, suspension or active career;

3.

Athletes referred to in paragraph 1 (6) after the expiry of the period in which the active career has been terminated before the suspension or suspension expires.

Cost of doping control

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

1.

the costs of doping control by the competent Bundessportfachverband (Bundessportfachverband) in the event of a positive result of the analysis or any other violation of anti-doping regulations by athletes or caregivers;

2.

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

3.

from the athlete the cost of the complete documentation of the analysis process in the laboratory produced on his request;

4.

the cost of doping control by the athlete, if required by him in accordance with Section 9 (7) and ordered by the Independent Doping Control Institution;

5.

the international sports association, which has prescribed doping control, or by the third party (Bundessportfachverband, organiser, etc.), who has to do so by virtue of the regulations, the costs of doping control;

6.

of the sports organization that required the doping control, the cost of which.

(2) The costs referred to in paragraph 1 (1) (2) to (4) shall be paid in advance by the athlete of the Independent Doping Control Institution. In the case of a negative "B-sample", the athlete shall be reimbursed for the reimbursement of costs paid for this purpose.

Report on Compliance with the Anti-Doping Rules

§ 7. Within one month of the end of a quarter, the independent doping control body shall report to the Federal Chancellor on compliance with the anti-doping rules by the sports organisations and, in addition, by the end of March each year, a Report on the activity report on the previous calendar year. In the activity report are anonymized, broken down by Bundessportfachverband, Sportarten and Sportsparten, in any case to lead:

1.

the doping checks carried out during the calendar year concerned in competitions and championships, in squad training courses and training courses and other doping checks carried out outside competitions and championships;

2.

the results of the doping checks and the prohibited active substances and methods identified;

3.

the nature of the alleged violations of anti-doping rules and the safeguards and disciplinary measures imposed in the course of this;

4.

the decisions on medical exemptions.

Medical exemptions

§ 8. (1) If the athlete's illness, which belongs to the national test pool or takes part in national championships, is to take medicinal products with banned active substances or to use prohibited methods according to medical or dentist's If it is necessary to make a diagnosis, a request for a medical derogation must be submitted to the Independent Doping Control Board in advance with the medical records, provided that the regulations of the competent international sports association is not responsible for it. In any case, the application shall contain:

1.

the medical, dental, if necessary, the diagnosis of the disease,

2.

the results of the tests carried out for the diagnosis;

3.

the name of the medicinal product intended for administration and/or the description of the treatment method provided;

4.

the medical indication must be given on the basis of medicinal products containing prohibited active substances and/or prohibited treatment methods, and

5.

the dosage and the type and duration of the necessary use of the medicinal product and/or treatment method.

(2) The decision shall be taken within 21 days in accordance with the standard for derogations from the therapeutic application (UNESCO-Convention, Annex II) and shall be notified in writing to the athlete. The authorisation shall be granted on a temporary basis for the duration of the necessary administration or treatment. A revocation is allowed according to the standard.

(3) In order to decide on applications for medical derogation, the Independent Doping Control Institution has to draw up an independent Medical Commission, the three doctors with experience in the treatment of sportsmen and women. clinical and sports medical knowledge. In the case of special permits for dental treatments, the Medical Commission has to consist of three dentists with the appropriate experience. The Commission shall decide by majority vote.

(4) If medicinal products containing beta-2 agonists (formoterol, salbutamol, salmeterol and terbutaline) are to be administered by inhalation or by the administration of glucocorticosteroids via non-systemic route routes, the following shall be taken into account: Derogation in the abbreviated procedure without referral to the Medical Commission to decide if it is clear from the application that the conditions for the granting of the authorisation are met.

(5) Exceptionally, medical derogation may be requested subsequently if the taking or administration of medicinal products containing prohibited active substances or the use of a prohibited method for emergency treatment or treatment of an acute illness. Emergency treatment or acute illness shall be notified immediately in writing to the institution responsible in accordance with paragraph 1. As soon as it allows the health of the sportsman, the application for a medical derogation must be submitted.

(6) A breach of anti-doping rules shall not apply if the derogation pursuant to para. 1 or 5 has been applied for and the Independent Doping Control Facility does not comply with this request until after a doping control has been carried out.

Arrangement of doping controls

§ 9. (1) In the case of doping control, the conduct of investigations is to be understood as to whether there is an infringement of anti-doping rules.

(2) Doping controls may be carried out by the Independent Doping Control Board, by the World Anti-Doping Agency (WADA), by one of the sports organisations referred to in Article 2 (3), by the competent international sports association, IOC, IPC or by the international organisation, which is the organiser of the competition, is arranged at any time during and outside competitions. The sports organisations referred to in Article 2 (3) have to order the doping controls on the Independent Doping Control Facility.

(3) The independent doping control body has the frequency of the arrangement of doping controls in the various sports and sports disciplines, in accordance with national and international experience of the illegal use of prohibited active substances and To align methods.

(4) In the event of a reasonable suspicion of the inadmissible administration or use of prohibited active substances or the use of prohibited methods or any other breach of anti-doping rules, a doping control is in any case ,

(5) In the case of international competitions or championships in Austria, the scope of the doping checks shall be determined at least in accordance with the rules of the international sports association.

(6) In accordance with the principles laid down in paragraph 3, there are sufficient doping controls to be arranged outside of championships, whereby the athletes (animals) are to be selected by lot or target (e.g. in the course of their participation in training camps).

(7) In addition, the independent doping control body shall arrange for doping control to be carried out by the Independent Doping Control Institution, on the basis of a reasoned written request by the athlete.

(8) The Independent Doping Control Board shall take the necessary measures to ensure that the arrangement of the doping control without prior notice is only known to the persons concerned at the last possible date.

(9) In order to select the athletes, competitions, championships, cadre training courses and training courses in which doping checks are to be carried out, the Independent Doping Control facility has to use three persons who are appropriate for the subject. These will be ordered for one year and will be decided by a majority vote.

Content of the Doping Control Arrangement

§ 10. (1) The arrangement of the doping controls of the Independent Doping Control Institution on its own or on behalf of the sports organisations in accordance with § 2 para. 3, WADA or international or foreign national sports federations has written to , and at least to include:

1.

In the case of an arrangement of doping checks for certain persons (animals):

a.

the name of the person (name of the animal),

b.

the period (maximum seven calendar days) in which the doping control is to be carried out; and

c.

Name of the head of the control team.

2.

When doping controls are arranged in the case of cadre training courses and training courses:

a.

Description of the training,

b.

the number of sportsmen (animals) to be selected by the head of the control team for doping control in accordance with the criteria laid down in Article 9 (3), (4) and (6);

c.

the period (maximum seven calendar days) in which the doping checks are to be carried out; and

d.

Name of the head of the control team.

3.

When doping controls are arranged in competitions or championships:

a.

Title of the competition or championship game,

b.

the placements in which athletes (animals) are subject to doping control and/or the number of sportsmen (animals) to be selected by the head of the control team for doping control in accordance with the criteria laid down in § 9 (3) to (5) , and

c.

Name of the head of the control team.

(2) The arrangement of the doping control by the WADA, an international or foreign national sports federation, IOC, IPC, or by the organization organized by the competition or the championship, and has the independent If doping control is to be carried out only in the event of doping control, its arrangement shall apply. However, the independent doping control device shall disclose in a supplement to the arrangement the head of the control team and, if need be, further information in accordance with paragraph 1.

General provisions on doping controls

§ 11. (1) Doping controls may be carried out by the Independent Doping Control Institution, international sports federations, the IOC or WADA.

(2) Doping checks carried out by the Independent Doping Control Institution shall be carried out by a control team consisting of two persons, one of whom shall have the training required for the acceptance of the sample. Blood samples should be taken by a doctor. A person in the control team shall be associated with the sex of the athlete to be controlled.

(3) Prior to the start of the doping control, the control bodies must, by means of a photo identification card, legitimise themselves with regard to the persons concerned, to present the arrangements for doping control, which are denominated in the name (name of the animal), and to provide for a rectification of the To follow the order for confirmation. In the case of underage or mentally disabled sportsmen, the legitimation and the presentation of the order must also be carried out with regard to their supervisors (legal representative, trainer, functionary of the club to which the athlete belongs).

(4) Doping checks during cadre training and training courses may only be carried out between 6.00 a.m. and midnight. Otherwise, doping checks outside competitions may not be started after 11 p.m. and before 7.00 a.m., except in justified exceptional cases. Doping checks shall be carried out in accordance with the human dignity of the persons concerned.

(5) In case of removal of urine and blood samples ("A sample" and "B sample") shall be adopted in accordance with the International Standard for Control (UNESCO-Convention, Annex 3).

(6) Doping controls are only lawful if they are carried out in accordance with para. 2 to 5, § 9 para. 2, § § 10, 12 and 13.

(7) In the event of a suspected breach of anti-doping rules, the doping control team of the Independent Doping Control Agency shall immediately inform the facts of the facts with the evidence, which shall immediately be notified to the Commission. competent Bundessportfachverband mit den dossier zu notify. In the case of doping control of the illegal possession of prohibited active substances or of technical equipment for the use of prohibited methods (Section 1 (2) Z 5 in conjunction with paragraph 3), the sportsmen or women concerned shall have the following: Supervisors shall, in order to ensure the protection of evidence with the consent of the control team, issue them with the consent of the control team, with the consent that the property shall be the subject of a disciplinary measure arising out of the The non-dependent doping control system, otherwise a violation due to non-participation in doping control.

(8) The right of foreign sports organisations and anti-doping bodies to carry out doping checks at sportsmen in their home country in accordance with the UNESCO Convention in Austria remains unaffected. This shall also apply if, on the basis of the agreement to carry out an international competition in Austria with the International Sports Association for the taking of doping controls, facilities other than those set out in paragraph 1 are provided for.

Doping controls in competitions and championships

§ 12. (1) Doping controls in competitions and championships shall be announced by the head of the doping control team, under the legitimation and presentation of the arrangement with the trainers or competition leaders. Without the consent of the head of the doping control team, they have to refrain from any direct or indirect information of the sportsmen and women from the intended doping controls. In contrast, an infringement is considered to be an inadmissible influence on doping control.

(2) After determining the athletes (animals) in which doping checks are to be carried out, the head of the control team shall issue an arrangement of doping control based on the name (name of the animal) of the animal. This means that the persons concerned (e.g. sportsmen, keepers, the person responsible for the animal) should be informed of the doping control provided and that they should be alert to the fact that they are ready to do so, if necessary with animals. , otherwise there is a non-co-action.

Doping controls in cadre trainings and training courses

§ 13. In the case of cadre training courses and courses, § 12 applies with the deviation that the doping control is to be announced to the trainer, other care personnel or to the athlete concerned.

Analysis of samples

§ 14. (1) For the analysis of the samples submitted for doping control on prohibited active substances and methods, the Independent Doping Control Facility may only use laboratories accredited by WADA for this purpose. "A-sample" and "B-sample" are to be sent anonymously to the laboratory. With the laboratory, the Independent Doping Control Facility has to agree that:

1.

to analyse samples in accordance with the International Standard for Laboratory (UNESCO-Convention, Annex 2),

2.

to begin the analysis of the sample without delay, and the results of which shall be determined without delay in accordance with the state of the scientific community,

3.

the "B sample" is to be preserved in a safe and appropriate way,

4.

the outcome of the analysis of the Independent Doping Control Facility, and

5.

Secrecy about the analyses must be maintained, unless the Independent Doping Control Facility has been used for the purpose of unbinding.

(2) In the case of a positive result of the analysis of the "A sample", the Independent Doping Control Institution must first check whether an appropriate medical derogation (Section 8 (2)) has been granted or if such a request has been applied for. If a request has been made, it shall be decided upon immediately in accordance with § 8. If no derogation has been granted, the Independent Doping Control Board shall announce the result of the analysis with the name of the sportsman to the competent Bundessportfachverband (Bundessportfachverband) and inform the athlete immediately:

1.

on the positive result of the analysis,

2.

against which anti-doping rules he has infringed and

3.

about his right,

a.

to request, in writing, the analysis of the "B sample" within seven calendar days of the Independent Doping Control Facility, otherwise there is no analysis of the "B sample",

b.

to be present in the opening and analysis of the "B-sample" or to send a representative for this purpose; and

c.

in the case of the Independent Doping Control Facility, to request a complete documentation of the analysis process of the "A sample" and, if appropriate, the "B sample" from the laboratory.

(3) In a timely manner, if the athlete demands the analysis of the "B sample", the Independent Doping Control Board shall immediately arrange for such an analysis and inform the competent Bundessportfachverband thereof. As soon as the result of the analysis is available, it is known to the athlete and the Bundessportfachverband (Bundessportfachverband) without being forgiven.

Disciplinary measures

§ 15. (1) The Independent Doping Control Board has, after having knowledge of a positive analysis result or another suspicion, the competent Bundessportfachverband (Bundessportfachverband) in violation of the applicable law of the Federal Sports Association (Bundessportfachverband). Anti-doping rules immediately against the suspects or against the team of which the athlete concerned belongs, to initiate the disciplinary procedure and the rules laid down by the competent international sports association To impose security measures (e.g. suspension) and disciplinary measures. The persons concerned shall be shown to be informed of the security measures imposed and the initiation of the disciplinary proceedings.

(2) Prior to the imposition of a disciplinary measure, the suspect or, if the disciplinary action against the team or the club is provided, a representative of the team or of clubs shall be heard. They have the right to provide evidence, to name and interview witnesses, and to grant legal assistance and interpreters.

(3) Is dependent on the decision on suspicion of violation of anti-doping rules whether the suspected athlete (the team) is allowed to continue the competition or participate in the next competition and is according to the evidence and subject matter not to be expected that the disciplinary procedure will be completed in time for the application of paragraph 2, an abbreviated hearing may be carried out at the request of the athlete or the representative of the team (of the club). 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.

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

(5) The decisions shall be taken in writing without delay, with the appropriate justification. They are demonstrably the person concerned, if need be, the representative of the team (of the club), the Competent Bundessportfachverband , to the Austrian Federal Sports Organisation (BSO) and to the national sports organisations.

(6) In order to take a decision, the Independent Doping Control Board has to draw up an independent legal commission consisting of three persons with a degree in law and experience in the implementation of formal studies. The investigation has to be carried out. The Bundessportfachverband (Bundessportfachverband), for which the Independent Doping Control Institution has to decide, has the right to send a different person with appropriate training and experience in place of a member of the Legal Commission. The Commission shall decide by majority vote.

Independent Arbitration Commission

§ 16. (1) In the case of the Independent Doping Control Board, an Independent Arbitration Commission shall be established, consisting of three permanent members and three permanent members of the Independent Arbitration Board, with the following qualifications:

1.

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

2.

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

3.

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

(2) The members (substitute members) pursuant to Section 1 (1) (1) (1) to (3) shall be nominated by the Federal Chancellor for a period of four years. New nominations are admissible. An early revocation of the nomination for important reasons is permissible. 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.

(3) The parties pursuant to § 17 (3) (1) may nominate another member for their case pending at the Independent Arbitration Commission, as well as the competent Bundessportfachverband. It may be dismissed by these for important reasons, or the function itself can be relied upon. In this case, a new member may be nominated.

(4) The Arbitration Commission has to bear the expenses of the Independent Doping Control Board. The permanent members (substitute members) of the Arbitration Commission must be replaced by the Independent Doping Control Board with the effort to participate in the meetings (session money) and at the cost of travel expenses.

Proceedings before the Independent Arbitration Commission

§ 17. § 580 (1) and (2), § 592 (1) and (2), § § 594, 597 to 600, § 601 (1), (2) and (4), § 604 to 605, § 606 (1) to (5), § 608 (1) and (2) and § 610 of the Rules of Procedure of the Arbitration Commission Civil Procedure Code, RGBl. 113/1895, mutatily, apply.

(2) In the event of decisions pursuant to § 15, the persons concerned (sportsmen, team, club, etc.) may, within four weeks of notification, request their review by the Independent Arbitration Commission. The decision shall be reviewed by the Arbitration Board on legality and may be fixed or amended in any direction on grounds of illegality.

(3) Parties to the arbitration procedure shall be:

1.

those affected by the decision of the Bundessportfachverband (sportsman, team, club, etc.), whereby the team or the club has to appoint a representative,

2.

the competent Bundessportfachverband and

3.

the Independent Doping Control Facility.

(4) 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 one of the parties pursuant to paragraph 3 Z 1, the Independent Arbitration Commission shall also be required to pay a flat rate of EUR 1 100 in advance. If the application is accepted, the rate of application shall be refunded.

(5) If a derogation is not granted pursuant to section 8 (2), the athlete concerned may, within four weeks of the notification of the decision, request the examination at the Independent Arbitration Commission. In this case, only the athlete's party position and the rights according to § 16 (3) are to be found.

(6) The Independent Arbitration Commission shall decide without delay, at the latest within six weeks, unless the parties agree on a longer period of time. Notwithstanding the Arbitration of the Independent Arbitration Commission, the parties to the Arbitration Proceedings shall be open to the Civil Rights Arbitration proceedings.

(7) The decisions of the Independent Arbitration Commission shall be notified to the parties to the proceedings.

Special obligations of sports organisations

§ 18. (1) Sport organisations shall, in their area with the means at their disposal, support the doping checks and monitor and enforce the observance of the disciplinary measures imposed.

(2) Sports organisations according to § 2 (3) and the BSO have

1.

recognise the applicable anti-doping rules of the relevant international sports organisation and the anti-doping rules applicable to the relevant international competition, which include the posting of sportsmen and sportsmen;

2.

to recognise the regulations in accordance with § § 4 to 17;

3.

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

4.

in their conditions of participation in competitions or championships:

a.

the non-authorisation of athletes suspended or suspended for doping;

b.

non-authorisation of sportsmen who have not reported the re-start of active careers in accordance with Article 5 (1) (6);

c.

non-authorisation of athletes during the first six months after notification of the re-start of the active career in accordance with Article 5 (1) Z 6.

If an association provides for derogation in accordance with Article 11 (8), the conditions of participation shall be adjusted accordingly.

(3) Sport organisations in accordance with Article 2 (3) shall have the right to support the facilities authorised to carry out doping checks in the event of doping checks to the extent necessary. 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 the course of the championships in accordance with Z 1 and the international championships in Austria, in which the international sports association prescries doping controls, the necessary spatial infrastructure for doping checks on the ground is available;

4.

Representatives of the Independent Doping Control Institution and WADA after their legitimation at any time free entry to championships and unimpeded access to the competition and training venues, premises according to Z 3 as well as to the To grant a circumsque circumsment.

(4) Sports organisations according to § 2 (3) may only use persons (doctors, trainers, physiotherapists, masseurs, etc.) for care which are not suspended or suspended for this activity because of a security measure or disciplinary action or in the event of a breach of the Medicines Act or the Law on Narcotic Drugs, are not subject to a court order and are committed in writing to the Sports Organisation,

1.

to recognise the anti-doping rules of the respective national and international sports association; and

2.

To refrain from acting with the principles of fairness in sporting competition.

(5) Sporting organisations according to § 2 (3) may only be allowed under par. 4 permitted caregivers and only sportsmen who have made the declaration of commitment in accordance with § 19 and not on the basis of a security or disciplinary action from the participation , to be excluded from 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). Athletes and caregivers who are suspended or suspended due to a violation of anti-doping regulations may not be allowed to take part in the suspension, arrest and during the period pursuant to § 5 sec. 2 Z 3 of the sports organisations. is supported.

(6) Sport organisations according to § 2 para. 3 and the BSO may only accept sports organisations as members whose regulations and, where applicable, their conditions of participation in competitions or championships comply with the regulations referred to in paragraphs 2 to 5. and which commit themselves to an ongoing adaptation of their regulations in accordance with paragraph 2 (2) (3). If recorded sports organisations repeat these regulations and harshly violate the adjustment obligation, their membership must be dissoluted.

(7) Bundessportfachfederations and the Austrian Disabled Sports Association have submitted the Declaration of Commitment in accordance with § 19 (1) and (2) before the admission of sportsmen to the highest squads, the highest junior cadres or the team of the highest class. . After their existence, they have their name, date of birth, sport, sport discipline, cadence, availability (addresses, training facilities and days, telephone numbers) and their association for admission to the Independent Doping Control Board. to the National Test Pool and to submit a copy of the Declaration of Commitment. The athletes must be shown to be informed of this.

(8) In the case of athletes who are to be included in the National Test Pool pursuant to Article 5 (1) Z 4, paragraph 7 shall apply mutatily. They may only be supported by federal sports federations and the Austrian Disabled Sports Association and may only be admitted to the competitions and championships organised by them if they have previously made the declaration of commitment in accordance with § 19 of the German Federal Ministry of Disabled Sports. paragraph 3.

Special obligations of athletes

§ 19. (1) Athletes have to commit themselves in writing to the highest-class squad, the highest junior squad and the highest-class team in writing to the Bundessportfachverband (Bundessportfachverband):

1.

to recognise the respective current anti-doping regulations of the Bundessportfachverband and the regulations in accordance with § § 5, 6, 8 to 17 and § 18 (5) and (7),

2.

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

3.

to refrain from acting in a manner incompatible with the principles of fairness in sporting competition and to ensure that no prohibited active substances are placed in their body tissue or in their body fluid , or prohibited methods are applied to them,

4.

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

5.

addresses, times and places of residence, their availability and any changes to these data, as well as the address of the stay, if they wish to leave the residential address for more than three days, each name change and the termination of the active Report immediately to the Independent Doping Control Board and the Bundessportfachverband (Federal Sports Association),

6.

to ask the doctor or dentist for medical or dental treatment to inform the doctor or dentist prior to the administration of medicinal products or the use of methods of treatment of admissibility under the UNESCO Convention,

7.

for the care only persons who are not excluded from this pursuant to § 18 (5) and

8.

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

(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 Bundessportfachverband (Federal Sports Association).

(3) Athletes who fulfil the conditions for admission to the National Test Pool pursuant to Article 5 (1) Z 4 shall also make the declaration of commitment in accordance with paragraphs 1 and 2.

(4) The declaration of commitment shall be valid for as long as the athlete belongs to the national test pool and for the period referred to in § 5 (2) (3).

Special provisions for animals

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

1.

Article 1 (2) (1) and (2) applies to the animal, in so far as the UNESCO Convention provides for prohibited active substances and prohibited methods for animals;

2.

the obligation to notify pursuant to Article 19 (1) (4) also includes the place of hiring, the training times and places of the animal and is responsible for the athlete who exercises the sport with the animal, the 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 5) and the influence of doping checks on animals (§ 1 para. 2 Z 6) as well as the settlement in accordance with § 1 paragraph 2 Z 7 apply to all persons listed in Z 2;

5.

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

(2) § 5 shall also apply to animals. § 6 shall apply with the proviso that the person responsible for the analysis of the "B-sample" or the complete documentation of the analysis process shall have to pay the cost replacement.

(3) The rules on medical exemptions (§ 8) shall apply to animals subject to the condition that:

1.

the application can be made by one of the persons referred to in paragraph 1 (2) and the application is to be followed by a veterinary certificate with the diagnosis of animal disease,

2.

the decision shall be notified to the applicant in writing,

3.

the Medical Commission (§ 8 (3)) has to be composed of three veterinarians with the appropriate experience (Veterinary Commission); and

4.

in the case of emergency treatment or treatment of an acute disease of the animal, the derogation must be applied without delay without notification of that disease.

(4) The rights pursuant to Section 14 (2) (3) (3) may exercise one of the persons referred to in paragraph 1 (1) (2).

(5) The disciplinary measures referred to in § 15 shall also apply to the animal. The application for an expedited procedure (Section 15 (3)) can be submitted to any of the persons referred to in paragraph 1 (2).

(6) § 16 (1) (3) applies in the case of suspicion of doping against an animal, with the proviso that an expert in veterinary medicine should be nominated instead of the expert in sports medicine.

Information requirements of doctors, dentists and veterinarians

§ 21. (1) When treating by a doctor or dentist who works for a sports club or sports organization according to § 9 BSFG or who is a competitive athlete (athlete who belongs to the national test pool or at national championships) (a) medical or dental care, the administration of medicinal products containing prohibited active substances or the use of prohibited methods, he shall inform the person concerned thereof, provided that he/she is a professional athlete has been declared to the treating physician or dentist. The attending physician or dentist has to issue a confirmation to the athlete at his request.

(2) The obligation to provide information in accordance with paragraph 1 shall not apply in emergencies.

(3) Para. 1 and 2 shall apply mutacally to veterinarians who work for a sports club or a sports organization in accordance with § 9 BSFG, or who take care of the animals provided for the anti-competitive approach. The information and confirmatory obligation shall apply to the performance athlete, to the keeper or to the person responsible for the animal.

Prohibition of doping methods and gendoping

§ 22. (1) Maintainers, trainers, teachers, doctors and other members of statutory health professionals who, for the purpose of doping in sport, use methods to increase the transfer of oxygen or the gendoping according to the UNESCO Convention administrative transgressing and shall be punishable by a fine of up to EUR 3 630, provided that the action does not constitute the offence of a criminal offence falling within the jurisdiction of the courts. The trial is also punishable.

(2) Insofar as from the act (para. 1) a serious risk to the body, life or health of a person has been created or the offender has already been punished twice for such a crime, the perpetrator is punishable by a fine of up to 21 800 euros.

Delimitation to other laws

§ 23. State regulations in the sense of this Act as well as the regulations of the Medicines Act, BGBl. No. 185/1983, in particular the regulations according to § § 5a, 68a, 76a, 76b, 84a and 84b as well as those of the prescription-care law, BGBl. No 413/1972, in particular the regulations according to § § 2a and 6a, remain unaffected.

Referral to other legislation

§ 24. Insofar as other federal laws are referred to in this Federal Act, this reference refers to the current version in force.

Personal names

§ 25. In the case of the personal names used in this Federal Act, the chosen form is valid for both sexes.

Enforcement

§ 26. With the enforcement of this federal law is entrusted

1.

as regards Section 4 (8) of the Federal Chancellors, in agreement with the Federal Minister for Finance;

2.

by the way, the Federal Chancellor.

In-force pedals, transitional provisions

§ 27. (1) This federal law shall enter into force on 1 July 2007 with the following deviations:

1.

In accordance with § 4 (1) Z 1 and 4 as well as the decisions pursuant to § 15, the independent doping control body shall not be required to perform the tasks until 1 July 2008. Until 30 June 2008, the Bundessportfachverband (Bundessportfachverband) will be responsible for the decisions pursuant to § 15. Section 15 (6) shall enter into force on 1 July 2008.

2.

The BSFG, as amended by § 23 (1) BSFG, is the BGBl version. I No 64/2006, established independent By way of derogation from Section 16 (1), the Arbitration Commission shall continue to apply to the BSO as from 1 July 2007 and not to the Independent Doping Control Facility until 1 July 2008. In the case of the proceedings pending before 30 June 2008 at the Independent Arbitration Commission, the provisions relating to their composition shall apply in accordance with § 23 (1) BSFG, in the version BGBl. I No 64/2006. The provisions of Section 16 (1) to (3) shall apply to the proceedings pending on 1 July 2008.

3.

The expenses of the Independent Arbitration Commission shall be borne by the BSO in derogation from § 16 (4) to 30 June 2008.

4.

By way of derogation from § 15 (5), decisions of the Bundessportfachfederations, which have been taken pursuant to § 15 to 30 June 2008, shall also be submitted to the Independent Doping Control Institution and may, by way of derogation from § 17 (2), also be granted by this Independent Arbitration Commission shall be submitted for review.

(2) Before 1 July 2007, proceedings pending before the Independent Arbitration Commission are in accordance with the provisions of the BSFG, as amended by BGBl. I n ° 64/2006. The running of the current term of function of the permanent members (substitute members) pursuant to § 23 (1) Z 1 to 3 BSFG, in the version BGBl. I n ° 64/2006, is not affected by this law.

(3) Sport organisations according to § 2 para. 3 and the BSO have until 30 June 2008 in accordance with § 18 (2) to (6) and the Federal Sports Association (Bundessportfachfederations) as well as the Austrian Disabled Sports Association in accordance with § 18 (7) and (8) of their regulations (e.g. Statutes). If sports organisations hold competitions or championships, their conditions of participation must be in accordance with § 18 (2) Z 4 from 30 June 2008 onwards.

(4) In accordance with Article 2 (3) and the BSO, sports organisations shall immediately after the entry into force of this Federal Act require the sports organisations to amend their regulations and the conditions of participation in accordance with paragraph 3 above. insofar as they are not already required to do so in accordance with paragraph 3.

(5) If sports organisations do not comply with the obligations laid down in paragraphs 3 and 4 of this Article by 30 June 2008, further disbursements of subsidies already granted shall be disbursed. Funding under the BSFG may only be granted after the fulfilment of this obligation and only for subsequent periods and projects.

(6) The guidelines pursuant to Section 3 (5) shall be adopted by 31 December 2007.

Fischer

Gusenbauer