64. Federal Law, with which the Federal Sports Promotion Act 2005 is amended (Anti-Doping-Federal Act)

The National Council has decided:

Federal law with which the Federal Sports Promotion Act 2005 will be amended

The Federal Sports Promotion Act 2005-BSFG, BGBl. I n ° 143, shall be amended as follows:

1. In Section 1 (3) Z 10, the point shall be replaced by a line-point and the following Z 11 shall be added:

" 11.		Projects of Anti-Doping Research. "

2. Section 8 (1) Z 3 shall be replaced by the word order "the conditions according to § § 22 and 24 have not been complied with or" is supplemented.

3. In § 10 paragraph 1 Z 1 lit. e shall be taken after the word "Coordination Tasks" an inversion and the phrase "for the costs of the Independent Arbitration Commission in accordance with § 23" inserted.

4. In § 10 paragraph 1 Z 5 lit. a, sublit. bb, after the phrase "Structural reforms and projects" the phrase "as well as measures for the prevention of doping in accordance with § 15" , in lit. b by the word "Junior Research Area" the phrase "as well as for the prevention of doping in accordance with § 15" , and in lit. c by the word "Structural operations" the phrase "as well as for measures to prevent doping in accordance with § 15" inserted.

5. The " 5. Section " is given the name " 6. Section " and the "§ § 14 to 19" receive the name "§ § 28 to 33" ; in accordance with § 13, the following " 5. Section " inserted:

" 5. Section

Measures against doping

Doping

§ 14. (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 banned active substances, their metabolites or markers according to the anti-doping convention, BGBl. No 451/1991, (as a result: prohibited active substances),
2.		sportsmen are given banned active substances or are applied to athletes using prohibited methods under the Anti-Doping Convention, or are only being tried,
3.		Sportsmen infringe the reporting requirements in accordance with § 24 paragraph 2 Z 4
4.		sportsmen or their caregivers (doctors, trainers, physiotherapists, masseurs, etc.) without compelling reason in the case of a lawfully arranged doping control investigation,
5.		Sportsmen or their caregivers have banned active substances and the technical equipment necessary for the use of prohibited methods, provided that they are not demonstrably provided by the caregivers for their own medical treatment or for the carrying out a different activity than the care of the sportsmen, such as doctors for medical treatment in emergencies, or the sportsmen for their possession have not been granted an exemption pursuant to § 18,
6.		Athletes or their carers who have an inadmissible influence on part of the doping control procedure, 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) The provisions of paragraph 2 (2) (1) and (2) shall also apply to animals in the case of sports in which animals participate in competitions; and (2) (4), if the sportsman, the keeper or the person responsible for the animal at the time of the doping control is not is not a compelling reason in the case of a lawfully arranged doping control investigation on the animal.

(4) In the interest of fair sporting competition, the sportsman, the keeper and the person responsible for the animal shall ensure that no prohibited active substances enter the animal's body and no prohibited methods on the animal shall be applied.

(5) The provisions of Section 2 (1) to (4) and (4) and (4) shall not apply in so far as a medical derogation is granted in accordance with Section 18 or is subsequently granted.

(6) Where reference is made in this Act to the Anti-Doping Convention, it shall be applied in the version as amended in the Federal Law Gazans.

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

Doping prevention

§ 15. (1) The Federation has to support the prevention of doping by promoting the training of the caregivers of the athletes (doctors, trainers, physiotherapists, masseurs, etc.) and by means of information and education programmes. The priority objective of training and programmes is to prevent athletes from using banned substances and methods, to inform them about the risks of doping and to clarify the possible disciplinary measures.

(2) The training as well as information and education programmes referred to in paragraph 1 shall include in particular:

1.		the prohibited active substances and prohibited methods;
2.		the health consequences of doping;
3.		the doping control procedures;
4.		the obligations and rights of athletes;
5.		the respective valid anti-doping rules;
6.		the consequences of violations of the anti-doping rules.

(3) Before major international competitions, the athletes and caregivers intended for posting within the meaning of the second paragraph shall be demonstrably informed by the competent sports organisations in accordance with § 24 (2).

Federal measures to comply with the anti-doping regulations

§ 16. Subsidies after 1. and 2. Section may be granted to sports organisations only on condition of compliance with the provisions of § § 22 and 24.

Independent Doping Control

§ 17. (1) The Federal Chancellor, after consulting the BSO, has to commission a technically appropriate independent body by means of a contract, which is called for the arrangement, implementation and supervision of doping checks within the meaning of this law. Which institution this is, is to be made known by the Federal Chancellor's decree.

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

1.		the prohibited active substances and prohibited methods in accordance with § 14;
2.		the health consequences that may occur in the case of doping;
3.		the anti-doping rules laid down for the national and international sports federations and accepted by them;
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 sportsmen and women who are subject to doping controls;
6.		the doping control procedure;
7.		the disciplinary measures provided for by national and international sports federations in the event of an infringement of the anti-doping rule;
8.		the cost of carrying out doping checks;
9.		the Anti-Doping Provisions in the Pharmaceutical Act, BGBl. No. 185/1983.

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

(4) The Independent Doping Control Institution may require the replacement of the costs of doping control:

1.		by the competent Bundessportfachverband (Bundessportfachverband) in the presence of a positive analysis result, with the exception of the costs according to Z 2, or in the case of other violations 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 the athlete himself and is positive;
3.		by the athlete, if the doping control has been requested by him in writing and has been ordered by the Independent Doping Control Institution in accordance with Section 19 (5);
4.		by the International Sports Association, which prescribed the doping control, or if the regulations of the International Sports Association have the costs of a third party (Bundessportfachverband, Organiser and Others). (i) shall be borne by the said person;
5.		by the sports organisation pursuant to Article 24 (2), if the doping control was carried out at the request of the sports organization.

(5) The Independent Doping Control Institution shall submit an annual activity report to the Federal Chancellor by the end of March on the previous calendar year.

Medical exemptions

§ 18. (1) If the sportsman or animal is ill, the use of medicinal products containing prohibited active substances or the use of a prohibited method according to medical, dental or other medical, dental or other sports is the case in the case of sports in which animals participate in competitions; Prior to administration, the athlete shall immediately apply to the Independent Doping Control Institution with the appropriate medical records to obtain a medical derogation. shall be made, unless, in accordance with the rules of the competent international This is the responsibility of the sports professional association for the grant of the derogation.

(2) The decision shall be taken in accordance with the international standard for exceptional approvals within 21 days and shall be notified to the athlete in writing. The authorisation shall be limited to the duration of the necessary treatment, but maximum for one year. The athlete is exempted from the infringement of the relevant anti-doping regime only if he has been granted the exemption from the competition management before taking part in a competition and before the start of a doping control investigation to be carried out at the time of the competition. or to the doping control body.

(3) In order to decide on applications for medical derogation, the Independent Doping Control Institution, except in the cases referred to in paragraph 4, has an independent medical committee to which at least three physicians with appropriate experience in the Treatment and care of athletes and well-founded clinical and sports-medical knowledge are to be used. In the case of derogations relating to dental treatments, the medical committee of at least three dentists and, in the case of derogations for animals, has the medical committee consisting of at least three veterinarians with the appropriate experience exist.

(4) Is only the administration of medicinal products with beta-2 agonists (formoterol, salbutamol, salmeterol and terbutaline) for medical treatment by inhalation or the administration of glucocorticosteroids via non-systemic routes of administration. , the application for a derogation in accordance with paragraph 1 shall be annexed to the request for derogation:

1.		the medical, dental or veterinary certificate with the diagnosis of the disease,
2.		the results of the tests carried out in connection with the diagnosis,
3.		the name of the medicinal product intended for administration,
4.		the reasons why no other medicinal product is administered without such active substances; and
5.		the dosage and the nature and duration of the necessary use of the medicinal product.

(5) Exceptionally, a medical derogation may be requested subsequently if the administration of medicinal products containing prohibited active substances or the use of a prohibited method for emergency treatment or treatment of an acute Illness was required. The notification of the emergency treatment or acute illness must be made immediately in writing, but no later than before the participation in the competition, to the institution responsible according to paragraph 1.

Arrangement of doping controls

§ 19. (1) Doping controls may be carried out by the Independent Doping Control Agency, by the World Anti-Doping Agency (WADA), by one of the sports organisations referred to in Article 24 (2), by the competent national or international professional association, The International Olympic Committee (IOC) or the international organisation, which is the organiser of the competition, will be arranged at any time, both during and outside of competitions. The sports organisations referred to in Article 24 (2) have to order the doping checks on the Independent Doping Control Facility. In the case of doping control, the conduct of investigations into whether there is an infringement of the anti-doping rules should be understood. However, consideration should be given to the necessary rest periods of the sportsmen and women immediately prior to competitions.

(2) 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 on the use of prohibited active substances; and to align prohibited methods. In any event, if there is a sufficient suspicion of the use of prohibited active substances or prohibited methods, a doping control shall be arranged.

(3) 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.

(4) In accordance with the principles laid down in paragraph 2, there shall be sufficient doping checks to be carried out outside of championships, with the sportsmen concerned being selected by lot or in a targeted manner (e.g. in the course of their participation in training camps).

(5) In addition, the Independent Doping Control Institution shall arrange for a doping control to be carried out with him on the basis of a written request by the sportsman to the person.

(6) The arrangement of the Independent Doping Control Institution on its own or on behalf of the sports organisations referred to in § 24 (2), on behalf of WADA or on behalf of international or foreign national sports federations for the purpose of Doping control shall be made in writing and shall contain at least:

1.		the name and date of birth of the person in which the doping control is to be carried out;
2.		the residence and residence addresses of the person according to Z 1;
3.		Training days and places as well as the accessibility of the person according to Z 1;
4.		the date on which the doping control is to be carried out;
5.		the names of the members of the control team (Section 20 (2)).

(7) The Independent Doping Control Institution must take the necessary measures, except in the case of paragraph 5, to ensure that the organisation of the implementation of the doping control without prior notice is known to the persons concerned only at the last possible date. .

Implementation of doping controls

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

(2) The doping checks carried out by the Independent Doping Control Institution shall be carried out by a control team consisting of two persons, one person having the training prescribed by law for the acceptance of the sample. In addition, a person in the control team shall be associated with the sex of the athlete to be controlled. The institutions and staff of the Independent Doping Control Board and members of the control team shall be bound by their duty of secrecy, unless otherwise provided for by law. In particular, they shall not make any communication on the selected competition, the date selected and on the selected athletes in respect of which doping controls have been or have been carried out. The Independent Doping Control Institution is responsible for the removal of the secrecy.

(3) The institutions carrying out doping control shall have an official ID card before the start of the doping control and with a document from which clearly the function as a doping control organ of the Independent Doping Control Institution or WADA is to be legitimized. In the case of carrying out the doping control by the control team in accordance with paragraph 2, the written order pursuant to section 19 (6) must also be submitted by the control team and must be followed up against confirmation.

(4) In carrying out the doping checks, the human dignity of the persons concerned must be respected. If there is evidence of suspicion of violation of anti-doping rules in the course of the implementation of doping controls, the doping control team has the facts under the guidance of the relevant evidence of the independent Immediately notify the doping control facility, which has to be notified to the competent Bundessportfachverband (Bundessportfachverband) with the documents. In the case of the removal of samples, it shall also be necessary to proceed according to paragraph 5

(5) The urine samples taken are to be divided according to the international standard into an "A-sample" and "B-sample". Blood samples shall be forwarded without delay to an appropriate laboratory for preparation for the analysis in accordance with § 21. After that, it is to be divided into an "A sample" and "B sample".

(6) Doping checks are only lawful if they are carried out in compliance with the provisions of paragraphs 2 to 5 and the regulations published pursuant to § 17 (2) (2) (4) and (6) as well as under cover of exceptional authorisations pursuant to § 18.

(7) The right of foreign sports organisations or anti-doping bodies pursuant to Art. 1 (1) of the Additional Protocol to the Anti-Doping Convention, BGBl. III No 24/2005, in Austria, to carry out doping checks in the case of sportsmen and women in their home country, 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.

Analysis of samples

§ 21. (1) In order to carry out the analysis of the samples submitted in the course of the doping control, the Independent Doping Control Facility may only use laboratories accredited by WADA for this purpose. The "A-sample" and "B-sample" is to be sent anonymously to the laboratory. With the laboratory, the Independent Doping Control Facility has to agree that:

1.		Samples are analysed in accordance with international standards,
2.		begin the analysis of the sample without delay and determine the outcome of the sample as soon as possible, in accordance with the current state of scientific knowledge,
3.		that the "B sample" is kept safe and proper,
4.		the outcome of the Independent Doping Control Facility shall be forwarded; and
5.		Secrecy on the activities of the doping control system shall be maintained in so far as no release has been made by the Independent Doping Control Facility.

(2) If the result of the analysis of the "A sample" is positive, the Independent Doping Control Institution must first check whether a corresponding derogation has been granted in accordance with Section 18 (2). If there are no such, the Independent Doping Control Board has anonymized the positive result of the analysis of the "A sample" to the competent international sports association and WADA as well as the name of the sportsman to the competent authority. Bundessportfachverband to be transmitted. As a result, the person concerned must immediately inform the person concerned:

1.		on the positive result of the analysis;
2.		against which anti-doping rule he has infringed;
3.		about his right
a.			to request the analysis of the "B-sample" in writing within seven days at the Bundessportfachverband (Bundessportfachverband), in the event of adverse events it waived the analysis of the "B-sample";
b.			to be present at the request of the analysis of the "B sample" in the opening and analysis of the "B sample" itself or by a representative; and
c.			To be able to request copies of the laboratory documents relating to the "A" and "B samples".

(3) In the case of a positive result of the analysis of the "A sample" of the sportsmen and women, or the competent Bundessportfachverband (Bundessportfachverband), requires the analysis of the "B-sample", this is to be ordered by the Independent Doping Control Device. This has to inform the athlete and the competent national sports association immediately from the analysis result of the "B-Probe". If the "B-sample" is also positive or if no request for analysis of the "B-sample" has been made within the time limit, the Independent Doping Control Body also has the Independent Arbitration Commission (§ 23), with the announcement of the name of the the positive analysis result of the "A sample" and, if appropriate, of the "B sample".

Disciplinary measures

§ 22. (1) The competent Bundessportfachverband (Bundessportfachverband) has, after knowledge of a positive analysis result or if there is a suspicion of violation of the anti-doping regulations which it administers, immediately against the suspects for other reasons or against the team of which the athlete concerned belongs, to initiate the disciplinary procedure and, where appropriate, the safeguards provided for under the rules of the competent International Sports Association (e.g. suspension); and Disciplinary measures to be imposed. The persons concerned shall be shown to be informed in writing of the initiation of the disciplinary proceedings and of the precautionary measure imposed.

(2) Before a disciplinary measure is imposed, the person concerned or, if the disciplinary action against the team is provided, a representative of the team or of the club shall be heard. They have the right to provide evidence, to name and interview witnesses, and to grant access to legal councillors and interpreters.

(3) If the decision on suspicion of a breach of anti-doping rules depends on whether the athlete concerned (the team concerned) is allowed to continue the competition or participate in the next competition and is due to prove that: In the event of a hearing in accordance with paragraph 2 above, the disciplinary procedure shall not be expected to be completed in good time, an abbreviated hearing may be held at the request of the athlete concerned or of the team concerned. . In such a case, the hearing shall be carried out in an oral proceedings to be held without delay, in which the decision shall be taken on the basis of the evidence provided in this trial.

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

(5) The decision of the Bundessportfachverband (imposition of disciplinary measures, acquittals) has to be taken in writing as soon as possible and with the appropriate justification. It is to be shown to the persons concerned and to the representative of the team, the Independent Doping Control Board, the Independent Arbitration Commission, the BSO and the Land Sports Organisations.

Independent Arbitration Commission

§ 23. (1) In the case of the BSO, an Independent Arbitration Commission, consisting of four permanent members and four permanent substitute members, shall be set up, which shall have the following qualifications:

1.		the chairman and his substitute member must have successfully passed the judicial review or attorney's examination;
2.		one member and his replacement member must be experts in the field of pharmacy or toxicology;
3.		a member and his replacement member must be experts in the field of sports medicine or in the event of a doping suspicion of an animal in the field of veterinary medicine;
4.		a member and his/her replacement member must be right-wing.

(2) Concerned persons or representatives of the team (of the Vereines) in accordance with paragraph 5 may send another member for their case pending at the Independent Arbitration Commission. 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 sent.

(3) The members (substitute members) pursuant to Section 1 (1) to (3) shall be appointed by the Federal Chancellor and the Member (substitute member) pursuant to Section 1 (1) (4) from the BSO to four years; re-orders shall be admissible. An early dismise may only be made by the institution responsible for important reasons. For these reasons, any member (substitute member) may at any time return the function. If a member (substitute member) fails prematurely, a new one is to be ordered on the remaining period of the operating period. The permanent members (substitute members) of the Arbitration Commission are to replace the expenses for participation in the meetings (session fees) and the travel expenses incurred at the time.

§ 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. No. 113/1895, in the version BGBl. I n ° 7/2006, mutatily, use. The parties to the arbitration procedure are the Bundessportfachverband (Bundessportfachverband), the parties concerned and the representative of the team, on which a disciplinary measure has been imposed in accordance with § 22. Each party shall bear the costs of its representation, of the evidence submitted and of the experts and witnesses who have been requested to do so. The legality of the disciplinary action shall be reviewed by the Arbitration Commission in accordance with the regulations of § § 19 to 22. The Arbitration Commission may remedy the disciplinary measure imposed by the Bundessportfachverband (Bundessportfachverband) without compensation for unlawfulness or replace it with another disciplinary measure.

(5) The person concerned or the representative of the crew (of the club) who has been subject to disciplinary measures pursuant to § 22, and the Independent Doping Control Institution may, within four weeks of notification of the disciplinary decision, be able to: Review of the decision by the Arbitration Commission.

(6) If a derogation is not granted in accordance with Section 18 (2), the athlete concerned shall have the right to review the decision by the Independent Doping Control Institution within four weeks from the date of notification of the decision by the Independent Doping Control Institution. Independent Arbitration Commission. In this case, only the athlete's party position and the rights referred to in paragraph 2 are to be found.

(7) The Independent Arbitration Commission shall decide without delay, but at the latest within four weeks. Notwithstanding the arbitral award of the Arbitration Commission, the parties to the Arbitration Proceedings shall be open to civil law proceedings.

(8) The Independent Arbitration Commission shall inform the competent international associations thereof in writing without delay, under the name of the persons concerned:

1.		the positive results of the analysis notified to it by the Independent Doping Control Institution in accordance with Article 21 (3),
2.		the decisions (imposition of disciplinary measures, acquittals), with which the national against sportsmen, the parties involved in the doping process and the disciplinary proceedings initiated against teams have been terminated.

(9) The members of the Independent Arbitration Commission shall decide without any instructions.

(10) The BSO has to bear the material expenses of the Arbitration Commission.

Duties of sports organisations

§ 24. (1) In their area, the sports organisations shall, by means of the means at their disposal, support the conduct of doping checks and shall monitor and enforce compliance with the disciplinary measures imposed.

(2) The Bundessportfachfederations and the Austrian Disabled Sports Association are only allowed to enter the two highest squads and the junior cadres, the ÖOC, the Austrian Paralympic comittee and the Special Olympics Austria in their squad only Athletes who have been shown to have confirmed in writing to the competent Bundessportfachverband prior to the recording,

1.		to know and acknowledge the current anti-doping regulations of the competent national and international sports association,
2.		to refrain from acting in a manner that is 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 by means of all means at their disposal , or prohibited methods are applied to them,
3.		to participate in the implementation of the doping controls in accordance with § 20,
4.		the residential addresses, the training days and places, their accessibility and any change in these data, as well as the address of the stay if they wish to leave the residential address for more than three days, without delay of the Independent Doping Control Facility and to report to the Bundessportfachverband,
5.		in the case of medical or dental treatment, the physician or to inform dentists to inform, prior to the administration of medicinal products, of the prohibited active substances contained in them,
6.		only persons who have submitted a written declaration of commitment in accordance with paragraph 5 and who are not discernable from the care of the athlete for other reasons in accordance with paragraph 5 above, and who are responsible for the care of the athlete, and who
7.		to give explicit consent to the processing of health data arising in connection with the analysis of doping samples and in connection with the granting of medical derogation in accordance with § 18.

(3) If the competent international sports association provides for a shorter period of absence than in paragraph 2 (4), this application shall be applicable.

(4) The athlete has to repeat the confirmation in accordance with paragraph 2 within two weeks of the request by the competent national sports association. If the confirmation is not confirmed, the athlete concerned shall be released from the squad. This confirmation and those referred to in paragraph 1 shall be issued in two cases. A copy is to be sent to the Independent Doping Control Board by the competent Federal Sports Association.

(5) The sports organisations referred to in paragraph 2 and the sportsmen may only use persons (doctors, trainers, physiotherapists, masseurs, etc.) for the care which, because of disciplinary measures pursuant to § 22, are not blocked for this activity or because of a In the event of a breach of the Medicines Act or the Law on Narcotic Drugs (Suchtmittelgesetz), they are not subject to a court order and undertake in writing to the sports organization pursuant to paragraph 2 above

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.

(6) The sports organisations referred to in paragraph 2 may only send athletes and caregivers to the competitions which have complied with the obligation laid down in paragraphs 2, 4 and 5 and which do not comply with the disciplinary rules applicable to the competition on the basis of a A security measure or disciplinary action shall be excluded from participation in the competition. They have to refrain from any measures which may give the impression of support for these persons for an activity in the vicinity of the team (nominated sportsmen and accompanying persons).

(7) The sports organisations referred to in paragraph 2 must recognise the rights of the Independent Doping Control Institution and WADA to carry out the doping checks and to support them to the extent necessary, with agreements according to § 20 (7) shall remain unaffected. 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.		the Independent Doping Control Board shall immediately report the names of the members of the cadre as referred to in paragraph 2, the times and places of intended training camps and team training, and any modification of such data, and as soon as possible the to forward two-copies of the confirmations of the athletes referred to in paragraphs 2 and 4 above;
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.

(8) In addition, the sports organisations referred to in paragraph 2 have to recognise:

1.		the anti-doping regulations of the competent international sports professional association and the anti-doping regulations applicable to the respective competition, which include the posting of sportsmen;
2.		the regulations according to § § 17 to 22;
3.		the Independent Arbitration Commission and its decision-making power;
4.		the right of the persons concerned and of the representatives of the teams according to Article 23 (5).

(9) The sports organisations referred to in paragraph 2 shall include in their statutes the provisions of paragraph 8 accordingly. As far as anti-doping regulations of the competent international sports association or the regulations applicable to the respective competitions are contrary to this federal law, the regulations of the international sports association and the regulations go against for the competitions, as far as they are more favourable to the parties concerned.

Information requirements of doctors, dentists and veterinarians

§ 25. (1) If treatment by a doctor or dentist acting for a sports club or association according to § 9 or who has a medical or dental care of a competitive athlete, is required to administer medicinal products which: contain prohibited active substances in accordance with the Anti-Doping Convention, he has to inform the person concerned about it, provided that he has declared himself to be a competitive athlete to the treating physician or dentist. If the administration of a medicinal product is essential for medical or dental treatment, the treating physician or physician must: Dentist to issue a confirmation to the performance athlete.

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

(3) Para. 1 and 2 shall apply mutagens to veterinarians who work for a sports club or association in accordance with § 9, or who take care of the animals provided for the anti-competitive charge. In such cases, the obligation to provide information shall consist of the performance athlete, the animal keeper or the person responsible for the animal.

Prohibition of doping methods and gendoping

§ 26. (1) carers, 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 gendopings in accordance with the Anti-Doping Convention; provided that the act does not constitute the offence of a criminal offence within the jurisdiction of the courts, an administrative surrender and shall be punishable by a fine of up to EUR 3 630. The trial is also punishable.

( 2) Insofar as from the act (par. 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

§ 27. State regulations in the sense of § § 14 to 24 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 pursuant to § § 2a and 6a, shall remain unaffected. "

6. In § 32 Z 2 (new) the quote is "§ 15" by quoting "§ 29" replaced.

7. In § 33 (new), the following paragraph 3 is added:

" (3) § 1 para. 3 Z 11, § 8 para. 1 Z 3, § 10 Abs. 1 Z 1 lit. e, § 10 Abs. Z 5 lit. a to c as well as the § § 14 to 33 in the version BGBl. I No 64/2006 will enter into force on 1 July 2006. § 16 shall apply to subsidies granted from that date. From that of the proclamation of the Federal Law, BGBl. I n ° 64/2006, the following day, all necessary measures must be taken to ensure that the Independent Doping Control Board (§ 17) and the Independent Arbitration Commission (§ 23) are able to take up their duties on 1 July 2006. "

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