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ANTI-DOPING IN SPORT THE ANTI-DOPING IN SPORT .ACT PART 1 Preliminary 1. Short title. 2. Interpretation. 3. Ob jects of Act. 4. Application. PART I Jamaica Anti-Dop ing Comm issi on Establishment and Functions 5. Establishment of Jamaica Anti-Doping Commission. 6. Functions of Commission. 7. Minister may give direc tions to Comm,ission. 8. Power to delegate. PART ll Anti-Dop ing Rul es 9. Commission may make Rules. 10 . Anti-Do ping Rules violat ion. Th erapeutic U se Exemption 1 1. Therapeutic Use Exemption Certificate. 12. App lication to be in accordance wit h international standards. 13. App ointment of the JADCO Therapeutic Use Exempti on Com mittee. 14. Functions of JADC O TUEC. 15. Notification of Therapeutic Us e Exemption. 16. WADA may review and reverse TUE Certificate. 17. Recogniti on of results of other Anti- Doping O rganizations. PART I V Disc iplina ry Panel; Appeal s 18. Establishment of the Jamaica A nti -Doping Discipli nary Pan el. ITne iadPrion of c b b page b authorized by L N . UnOlll

The Anti-Doping in Sport Act

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832019 The Anti-Doping in Sport Act

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ANTI-DOPING IN SPORT

THE ANTI-DOPING IN SPORT ACT

PART1 Preliminary1 Short title

2 Interpretation

3 Objects of Act

4 Application

PART I Jamaica Anti-Doping CommissionEstablishment and Functions

5 Establishment of Jamaica Anti-Doping Commission

6 Functions of Commission

7 Minister may give directions to Commission

8 Power to delegate

PART ll Anti-Doping Rules

9 Commission may make Rules

10 Anti-Doping Rules violation

Therapeutic Use Exemption

11 Therapeutic Use Exemption Certificate

12 Application to be in accordance with international standards

13 Appointment of the JADCO Therapeutic Use Exemption Committee

14 Functions of JADCO TUEC

15 Notification of Therapeutic Use Exemption

16 WADA may review and reverse TUE Certificate

17 Recognition of results of other Anti-Doping Organizations

PARTIV Disciplinary Panel Appeals

18 Establishment of the Jamaica Anti-Doping Disciplinary Panel

ITne iadPrion of cbb page b authorized by LN UnOlll

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ANTI-DOPINGIN SPORT

19 Commission to refer findings for hearing

29 Functions of the Anti-Doping Disciplinary Panel

21 Appeals

22 Establishment o f Jamaica Anti-Doping Appeals Tribunal

23 Appeals o f international-level athlete

24 Appeals o f decisions to deny Therapeutic Use Exemption Certificate

Miscellaneous

25 Confidentiality26 Regulations

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ANTI-DOPING IN SPORT 3

THE ANTI-DOPING IN SPORT ACTAct

10 a r m

[July 3120081

PA RT Preliminary

1 This Act may be cited as the Anti-Doping in Sport Act short title

2 In this Act unless the context otherwise requires- Interprets-tion

anti-doping means related to the prevention or control ofdoping

anti-doping organization means a signatory to the Codethat is responsible for adopting rules for initiatingimplementing or enforcing any part of the dopingcontrol process and includes-

(a) the International Olympic Committee

(b) the International Paralympic Committee(c) the World Anti-Doping Agency (WADA)

(4 an international sporting federation

(e) a major event organization that conductstesting at its events

V) the Commission

(g ) any other National Anti-Doping Organi-zation

Anti-Doping Rules means any rules made under section

9

Anti-Doping Rules violation shall be construed inaccordance with section 10

Appeals Tribunal means the Jamaica Anti-DopingAppeals Tribunal established under section 22

athlete means-

(a ) any person who participates in a sport-

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(i) as an international-level athlete

(ii) as a national-level athlete (as

determined by the Commission)including but not limited to any person inthe Registered Testing Pool who isotherwise subject to the jurisdiction ofthis Act

(b) for the purposes of section 10 (2) (h) andanti-doping information and education

- any person r e f m d to in paragraph (a)and any other competitor in sport

athlek support personnel means any-

(a) parent or guardian of an athlete who is aminor

(b) m e d i d practitioner or paramedical

personnel(c) coach trainer manager oficial agent or

team sw

working with or treating or assisting an athleteparticipating in or preparing for sports competition

Code means the World Anti-Doping Code adopted bythe World Anti-Doping Agency on March 52003 atCopenhagen Denmark and includes any amendmentsto the Code adopted by the World Anti-DopingAgency from time to time

Commission or JADCO means the Jamaica Anti-Doping Commission established under section 5

competition or sporting competition means a sportingactivity consisting of a single race match game orathletic contest

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consequences of Anti-Doping Rules violation mmeans oneOH more of the following consequences m d t i n g fioman athletes or other persons violation of an And-

Doping R u le -

(a) disqualificatiorr-this means that the ath-letes s e d t s in a particular competition orevent we invdidakd with d l resultingconsequences including forfeiture of m ym d s points and prizes

(b) ineligibility-this means that the athlete OH

other person is b d or a specified periodof time frsm participating in m y competitionOHother activity or hnding

(c) provisional suspemion-this means that theathlete or other person is b m d temporarilyfiom participating in any competition prior to

the final decision of the Appeals T r i b u d

Court of Arbitration9 means the Court of Arbitration forSport located in L au sm e Switzerland established bythe International Olympic Committee and the statutesof which came into force on June 30 1984

Disciplinary Panel means the dsamdca Anti-DopingDisciplinary Panel established mder section 18

bbdopingmeans any violation of the Anti-Doping Rules

doping control means all the steps and processes frsmtest distribution plming through to ultimate dis-position of any appeal including all steps andprocesses in between such as provision of where-abouts information sample collection and handling

results management and hearings

doping control teams means doping control teams

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ANTI-DOPING IN SPORT

operating under the authority of international orm t i o d ad-do ping organizations

event means a series of individual competitionsconducted together under one international sportingfederation or national sporting organization or d i n g

body

functions includes powers and duties

in-competition means the period commencing twelve

hours before a competition in which the athlete isscheduled to participate through the end of suchconmpetition and the sample collection process relatedto such competition

international event or international competitionmeans as the case may be an event or competitionwhere the Intemational Olympic Committee the

International P d y m p i c Committee an internationalsporting federation a major event organization oranother international sporting organization is thed i n g body for the event or competition or appointsthe technical officials for the event or competition

international-level athlete means an athlete designatedby one or more intemational sporting federations as

being within the Registered Testing Pool for aninternational sporting federation

International Olympic Committee means the organiza-tion created by the Congress of Paris on June 231894and entrusted with the control and development of themodern Olympic Games

Internatiod Pmlympic Committee means the organi-

zation established on September 22 1989 to enablep d y m p i c athletes to achieve sporting excellence andto inspire and excite the world and entrusted with thecontrol and development of the Paralympics Games

l f b c inclrasiooof his psp is 8o(borud by LK IUnOlll

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international sporting federation in relation to aparticular type of sport or event means the sportingbody having international control over that sport orevent

International Standard means a standard adopted by theWorld Anti-Doping Agency in support of the Codecompliance with which is s a c i e n t to conclude thatthe procedures addressed by that standard are

performed properly

JADCO TUEC means the Therapeutic Use ExemptionCommittee appointed under section 13

major event organizations means the continental asso-ciations of National Olympic Committees and otherinternational multi-sport organizations that function

_ a s he ruling body for any continental regional orother international event

marker means a compound group of compounds orbiological parmeters that indicates the use of a

prohibited substance or prohibited method

metabolite means any substance produced by abiotrmsformation process

minor meansa

person under the age of eighteen yearsWational Anti-Doping Organization means-

(a) an entity designated by a state as possessing theprimary authority and responsibility to adopt andimplement rules in that state which are equivalentto the Anti-Doping Rules d k t he collection ofsamples and the management of ttst results and

(6) where such designation has not been made by thecompetent public authority of a state that statesnational Olympic Committee or iamp designatee

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ANTI-DOPING IN SPORT

national event means a sporting event involvinginternational-level or national-level athletes that is not

an international eventnational-level athlete means an athlete other than an

international-level athlete who is designated bythe Commission or the ~aiio la al Anti-DopingOrganization to which he is subject as being withinthe Commissions or organizations Registered Test-ing Pool

national sporting organization in relation to a particularsport means-

(a) in respect of any country a sporting organi-zation that is recognized by the relevantinternational sporting federation as being theorganization responsible for administering theaflFsPigs of that sport or of a substantial part orsection of that sport in that country or

(6 ) in respect of a country other than Jamaica ifthere is no international sporting fderation inrelation to that sprt a sporting organizationthat is generally recognized as being res-ponsible for administering the affairs of thatspa or of a substantial part or section of thespa$ in that country or

(c) in respect of Jamaica whether or not there isan i n t e m t i o d sporting federation in relationto that sport a sporting organization that isreccpgnid by the Government of Jamaica oris generally recognized as being responsiblefor administering the aEairs of that sport or ofa substantial part or section of that sport in

Jamaicano-advance notice means doping control which takes

place with no advance waming to the athlete and

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ANgP-DOPING IN SPORT 9

where the athlete is continuously chaperoned from themoment of notification through to the p i n t where asample is provided

out-ofompetition means any doping control which isnot conducted in-competition

participant means any athlete or athlete supportpersonnel

Prohibited List means the Prohibited List published byWADA which identifies the prohibited slabstances aPmd

methods as amended hmn time totime

prohibited method m e w m y method so described onthe Prohibited List

prohibited substance means any substance so describedon the Prohibited List

Registered Testing Pool means the pool of athletesestablished separately by each intamtiom1 sportingfederation or National Anti-Doping Organization as

the case may Be who are subject to both in-competition and out-of-competition testing as part ofthat fderations or organizations test distributionplanning

sample or specimen means m y biological materidcollected for the pupo m s of doping m n m l

sporting organization inc8des an organization that-

(a) has control in a particular stateor put of a stateor internationally of one or more sports orsporting events

(b ) organizes or administers one or more sports orsporting events

(c) accredits persons to take part ir sportingcompetition

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(4 rovides teams to compete in sportingcompetition or

(e) trains or provides finance for a person to takepart in sporting competition

tampering means altering for any improper purpose or inan improper way bringing improper influence to bear

interfering improperly to alter results or preventnomid procedures fiom occurring

team sporthems a sport in which the substitution of

athletes is permitted during a competition

k s t i n g b e m the parts of the doping control processinvolving test distribution planning sample collectionsample -handling and sample transport to thelaboratory and kst shall be similarly construed

Therapeutic Use Exemptioq or WE eans anexemption granted in accordance with the Annex 11 ofthe UNESCO Anti-Doping Convention entitledStandards for Granting Therapeutic UseExemptions and the provisions of this Act and anyRules or Regulations made thereunder

trfficking in relation to a prohibited substance orprohibited method means selling giving adminis-tering transporting sending delivering or distribut-

ing as the case may be a prohibited substance orprohibited method to an athlete either directly orindirectly or through one or more third parties butdoes not include selling or distributing (by medicalpersonnel or by persons other than an athletessupport personnel) a prohibited substance for genuineand legal therapeutic purposes

UNESCO Anti-Doping Convention means the Inter-national Convention Against Doping in Sport adoptedby the UNESCO General Conference at Paris Franceon October 19 2005 and includes any amenheritsto the Convention that have entered into force for

- -- -lThc inclusion of h i s pap is auhorized by LS 12320ll(

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ANTI-DOPING IN SPORT

Jamaica

we in relation to a prohibited substance or prohibitedmethod m e w the application ingestion injection orconsumption by any means whatsoever of anyprohibited substance or prohibited method as the casemay be

World Anti-Doping Agency or WABA means thebody founded by the hternatiod OlympicCommittee and constituted as a foundation in

husanne Switzerland by an instrument of foundationsigned on November 10 1999 and named in thatinstrument a s the World Anpi-Doping Agency

3 The objects of this Act are to-

(a) promote a drug-free environment for sport andprovide athletes and athlete support personnel withprotection of their right to participate in h g - f k e

sport and thus promote h d t h fairness and quali tyfor d l participants in s p r t s and

(6) ensure harmonized coordinated and effective sportsanti-dgping programmes at the national levell andinternational level with regard to the detectiondeterrence and prevention of doping and

objectsofAct

(c ) respect the rights of individuals and national sportingorganizations by the application of f i r procedures forand meam to oversee doping control determinationof Anti-Doping Rules Violations and theirconsequences and other decisions made in the interestof drug-free sports

4 4 1 ) For the purposes of doping conml the following App1i68ti0

persons are governed by this Act-

(a) a person who has been selected to compete as arepresentative of Jamaica in an international sportingcompetition

Ime inclusion of (his pap is euchorizcd by LN t M O I I J

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(b ) a person who competes in a national sportingcompetition

(c) a person who has been assessed by a Jamaicannational sporting organization as having thepotential to represent Jamaica in an internationalsporting competition

(4 a person who competes as a member of a team ina sporting competition (whether held or to Be

held in or outside Jamaica) at a level whichinvolves participation of the following-

(i) teams that represent Jamaica or

(ii) teams that represent organizations inJamaica and contain members who havek n ssessed by a Jamaican nationalsporting organization as having the

potential to represent Jamaica inan

international sporting competition

(e) a person who competes in sprting competitionand-

(i) is receiving financial or other sport-related support from the Government ofJamaica or an agency of the Govern-

ment or

(li) is a party to an arrangement with theGovernment of Jamaica under which theperson will receive financial or othersport-related support fiom the Govern-ment or an agency of the Government

(i) who has been assessed by a nationalsporting organization or an internationalsporting federation as having reachedsuch a standard of performance in the

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ANTI-DOPING IN SPORT

field of sporting activity in which hecompetes as to be capable of represemt-

ing in international sporting competitionthe country of which he is a citizen or inwhich he is oqiinarily resident and

(ii) in respect of whom the Commission has

been requested by a National Anti-Doping Organization of a country otherthan Jamaica to obtain a sample for

testing or(g ) a person whose name is entered on the

Commissions Registered Testing Pool ofinternational-level and national-level athletes andwho--

(i) has been notified of his inclusion in theCommissions Registered Testing Pool

and(ii) as a direct result of having his name so

entered is required to file quarterlywhereabouts information with the Com-mission on forms provided by the om-mission which s p i f l on a daily basisthe locations and times where theathlete will be residing training or

competing

(2) Subject to subsection (3 person who at anyparticular time-

(a) is in training or has at any time within the precedingtwelve months trained to compete in a sportingcompetition or

(8) has at any time within the preceding twelve monthscompeted in a sporting competition

is deemed for the purposes of subseetion (1) to be a person whocompetes in a sporting competition

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ANTP-DOPPNG IN SPORT

(3) For the purposes of this Act a person is deemed notto have been an athlete at a particular time if the person had-

(a) given prior written notification to the relevant nationalsporting organization that he had retired from takingpart iam sporting competition

(b ) not since the written notification was given takenpart in a sporting competition and

( c ) been informed by the Commission that he no longersatisfies the criteria for inclusion in the RegisteredTesting Pool

(4) A person who has given written notice of retirementfrom taking part in sporting competition to the relevant nationalsporting organization and who is not serving a period ofineligibility may not resume competing d e s s he has given theCommission at least twelve months prior written notice that heexpects to return to competition and is available for no-advancenotice out-of-competition testing during the period

PART 1 Jamaica Anti-Doping CommissionEstablishment and Functions

-lisBlmmt --(I) There is hereby established for the purposes of thisofJmb

~ n t i - w m g Actp a M y o be called the Jamaica Anti-Doping Commissionammissio which shall be a body corporate to which section 28 of the

Interpretation Act appliesFirst ( 2 )The provisions of the First Schedule shall have effectSckduie

as to the constitution and procedure of the Commission andotherwise in relation thereto

Fm-of 6-41) The Commission shall perform such functions as areChmission

necessary to facilitate the control and prevention of doping insports including-

( a ) implementing the policies and programm es of theGovernment against doping in sport

(b ) doing dl things necessary to comply with andimplement any Article of the Code

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ANTI-DOPING nsJ SPORT

(c) planning implementing and monitoring informationand education progammes aimed at educating

athletes athlete support personnel parents the mediaand the general public in Jamaica about doping insport matters such as-

(i) the health consequences of doping

(ii) the harm of doping to the ethical values ofsport

(iii) prohibited substances and prohibited methods

(iv) therapeutic use exemptions

(v) nutritional supplements

(vi) doping control procedures and resultsmanagement

(vii) the athletes rights and responsibilities inregard to doping in sport and the con-sequences of committing an Anti-DopingRules violation

(4 establishing a register for the Registered Testing Poolof national-level and international-level Jamaicaathletes who are citizens or residents of and noting

such athletes and relevant national sporting oiganiz-ations of entries made in the register

(e) directing the anti-doping programme of the Govew-ment specific to sports including conducting testing ofathletes planning coordinating and implementing thecollection of samples the management of test resultsand conducting hearings in keeping with the man-

datory international standards set out in the Code

ugt testing any athlete whether or not he is a citizen orresident of Jamaica-

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MI-DOPIMG IM SPORT

(g) notifjhg test results to athletes a d as the case maybe g o v m e m t s of countries other than Jamaica anti-

doping organizations of other countries or othersignatodes to the Code in accordance with bilateral ormdpilrateaca9 agreements entered into by Jamaica withsuch governments organizations or signatories

(h) entering into reciprocd testing agreements withN a t i o d Anti-Doping Organizations outside Jamaicain relation to any athlete

(0 encouraging and facilitating the negotiation by anys-porting organization and Anti-Doping Organization of

my agreement permitting their members to be testedby authorized doping control teams h r n othercom~a

63 mpmtiarg with the testing and education initiativesof WW A and other antidoping organizations

(k) supporting encouraging conducting and promotingresearch stbout doping in sport matters that contributesto the development and implementation of eficientantidoping programmes

(I) consulting with advising and assisting-

(i) G o v e m e n t departments and agencies local

authorities the Jamaica Olympic Associa-tion national sporting organizations andother bodies or persons on any mattersconcerned with doping in sport issues andrelated matters

(ii) foreign government and non-governmentalorganizations and other persons outside ofJamaica for the purpose of promoting theadoption of uniform international testingprocedures for doping in sport

(m) publishing and making available the Prohibited Listand any revision thereof to athletes and as such all

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ANTI-DOPING IN SPORT

athletes shall be deemed to accept the Prohibited Listand any amendments thereto as binding upon

them

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

(0 ) performing any other h c t i o n s relating to doping insport that are conferred on the Commission by this orany other enactment and

07) generally taking all steps necessary or desirable to

achieve the purposes of this Act(2) In the performance of its functions the Com-

mission-

(a) shall establish for its use and for the use of itscommittees procedures that are appropriate and fair inthe circumstances

(b) shall develop appropriate procedures t+

(i) reflect the needs of athletes who are underthe age of eighteen years and

(ii) reflect the culture and any disabilities orother special concerns of athletes and

(iii) protect each athletes right to privacy

(c ) may impose fees or charges for the provision of

information advice or other services requested of theCommission (other than for information requested byan athlete relating to the athlete)

(3) The powers of the Commission may be exercised ina state other than Jamaica in relation to athletes who are citizensof Jamaica subject to the approval of the relevant foreign stateor relevant national sporting organization of such state

7 4 1 ) The Minister may after consultation with the Chair- Ministarnaygive direc-

man of the Commission give to the Commission directions in tions to

writing of a general character as to the policy to be followed by COmrnissi

the Commission in the performance of its functions as appear to

JThe inclusion of this page ip authorized by LK 123ROlll

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ANTI-DOPING IN SPORT

the Minister to be necessary in the public interest and theCommission shall give effect thereto

(2) Directions given under subsection (1) shall not relateto-

(a) a particular athlete or particular athlete supportpersonnel or

(b) doping control

(3) The Commission shall comely with any directionsgiven under subsection (1)

powerco $--(I) The Commission may with the written approval ofM-the Minister delegate any of its functions under this Act (otherthan the power of delegation) to any member officer or agent ofthe Commission

(2) A delegation under subsection (1) i s ~ v o c a b l ey the

Commission in d the delegation of a function shall not precludethe performance of the delegated function by the Commission

P m 11 Anti-Doping Rules

9 The Commission may with the approval of the Ministermaymake~ l e s make d e s (in this Act referred to as the Anti-Doping Rules)

generally for controlling the occurrence of doping in sports and

for carrying out the objects of this Act and without limitingthe generality of the foregoing such d e s may provide for-

(a) initiating implementing or enforcing any part of thedoping control process

(b) analysis of samples

(c) athlete whereabouts information

(4 consequences of Anti-Doping Rules violation

(e) assessment of costs for disciplinary hearings

results management

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ANTI-DOPING IN SPORT 19

10--(I) Except in any case where an athlete holds a ~nti- oping

Therapeutic Use Exemption Certificate and is in compliance

with the terms of such Therapeutic Use Exemption Certificatethe athlete shall be liable for the presence of any prohibitedsubstance or its metabolites or markers found in his body

(2) Subject to the exception mentioned in subsection(I) a reference in this Act to an Anti-Doping Rules violationshall mean any one of the following-

(a) the presence of a prohibited substance or its meta-bolites or markers in an athletes specimen

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

(c ) refusing or failing without compelling justification tosubmit sample collection after notification asauthorized in applicable Anti-Doping rules or

otherwise evading sample collection(4 violation of applicable requirements regarding athlete

availability for out-of-competition testing includingfailure to provide required whereabouts informationand missed tests which are declared based onreasonable rules which comply with the InternationalStandard for testing

(e) tampering or attempting to tamper with any part ofdoping control

V) possession of prohibited substances or prohibitedmethods

(g) trafficking in any prohibited substance or prohibitedmethod

(h) administration or attempted administration of aprohibited substance or prohibited method to anyathlete or assisting encouraging aiding abettingcovering up or any type of complicity involving anAnti-Doping Rules violation or any attemptedviolation

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ANTI-DOPING lA SPORT

Therapeutic Use Exemption

Therapeutic

use81-41) An athlete with a medical condition requiring the

Exemption use of a Prohibited Substance or Prohibited Method shall firstCmihk obtain a Therapeutic Use Exemption Certificate in accordance

with the provisions of this Act the Anti-Doping Rules and theInternational Standard for Therapeutic Use Exemption fromJADCO TUEC or as the case may require the internationalsporting federation under whose control the athletecompetes

(2) Notwithstanding the provisions of subsection (I) aninternational-level athlete or athlete who participates ininternational events shall apply to the international sportingfederation concerned for the Therapeutic Use ExemptionCertificate except in emergency situations no later than twenty-one days before the athletes participation in an internationalsporting event or otherwise provided for in the Anti-Doping

rules of that international sporting federation and provide toJADCO TUEC a copy of such aun application prior to theinternational event

(3) The application for a Therapeutic Use ExemptionCertificate ampom an athlete shall--

(a) be made immediately after the athlete becomes awarethat the use of a Prohibited Substance or Prohibited

Method is required and

(b) subject to any circumstance of emergency be obtainedprior to the athletes participation in any competitionor event

(4) Where an athlete who is subject to testing and hasbeen granted a Therapeutic Use Exemption Certificate by aninternational sporting federation the athlete shall immediately

report the granting of the Therapeutic Use Exemption Certificateto WADA JADCO TUEC and to the relevant national sportingorganization and shall provide to JADCO TUEC all the relevantif in n a ti o n and documentation

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(5)Every national level athlete and athleteparticipating in national events shall obtain a Therapeutic Use

Exemption Certificate fiom the SAIDCO TUEC unless such anathlete has previously received a Therapeutic Use ExemptionCertificate fiom can international sporting federation md suchTherapeutic Use Exemption Certificate is still vdid and thegrant of which has been previously reported to the JADCOTUEC and the Commission

1241) An application for a Therapeutic Use Exemption Application

Certificate to the JAIDCO TUEC shall be made in accordance Ezmwwith the International Standard for Therapeutic Use Exemption withinternational

(2) The athlete on whose behalf the application has

been made shdl provide written consent for the transmissionof-

(a) d l information pertaining to the application to theSADCO WEC and as required other independent

medical or scientific experts and to all necessary staffinvolved in the management or review of TherapeuticUse Exemptions

(b) the decision of SAC0 TUEC to be distributed toWAIDA and to other relevant Anti-Doping Orghzza-tions under the provisions of the Code

1341) The Coxnmission shall appoint a Committee to bew i n - 8

of aheknown as he J m d c a Anti-Doping Therapeutic Use Exemption -Committee (in this Act known as JADCO PPJIEC)consisting aherapeuaic

of six duly qualified medical practitioners Use

Exemlptiowcommittee

(2) The appointment of every member of the JADCOTUEC shall be evidenced by an instrument in writing whichshall state the period of o fi ce of the member not e x d i n gthree y e m as the Commission may specify in the instrument

and each member shall be eligible for re-appointment

(3) The Commission shall appoint one of the membersof the JADCO TUEC to be the Chairperson thereof

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Fampons

of JADCOTUEC

NotificationofTherapeuticUseExemption

WADA mayreview andrevmeTUECertificate

(4) The JADCO TUEC sh dl act independently of theCommission and shall not have any other official responsibility

within the Commission(5) Where any member of the JADCO FUEC is

connected with an athlete (having regkd to their familialbusiness or other relationship) or has an interest in any nationalsporting organization or international sporting federation such amember is excluded fiom considering any application forTherapeutic Use Exemption fiom that athlete or as the case maybe any athlete who is a member or participant in a sporiing eventorganized or sanctioned by the international sporting federationor national sporting organization in which he has an interest

14 The hcc tions of the JADCO TUEC shall be to-

(a) receive and exmine applications from national-levelathletes for Therapeutic Use Exemption Certificates

(6) g m t Therapeutic Use Exemption Certificates

(c) revoke Therapeutic Use Exemption Certificates

(4 perform any other fipnctions that are conferred orimposed on it by this Act

15--(I) The JADCO TUEC shall promptly notify theCommission of its decision to grant a Therapeutic UseExemption Certificate

(2) The Commission upon being notified by JADCOTUEC of the grant of a Therapeutic Use Exemption Certificateshall notify WADA thereof

16 Where the JADCO TUEC has made a decision to grantor deny the grant of a Therapeutic Use Exemption Certificate toan athlete WADA at the request of the athlete or on its own initiative may review the p t r denial of the Therapeutic UseExemption Certificate and where WADA determines that the

granting or denial of such Therapeutic Use ExemptionCertificate did not comply with the International Standard forTherapeutic Use Exemption in force at the time then WADAmay reverse the decision to grant or deny the Therapeutic Use

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Exemption Certificate

17 Tlhe C O ~ I ~ S S ~ O ~hall tecognk the results of laboratory Recognition

d y s i s by other anti-doping organizations once conducted in 0 2 f t ~ faccordance with the WADA International Standard for Dopin

Testing o l g a n d ~ n ~

PART W isciplinary Panel Appeals

18 There is established for the purposes of this Act a M y listm mat

to be d l e d the Jamaica Anti-Doping Disciplinary Panel and theprovisions of the Second Schedule shall have effect as to the hti- oping

constitution and pmcedw of the Disciplinary Panel and Fzhqotherwise in relation thereto second

Schedule

19 Where it appears that there has been an Anti-Doping CommissionI 0der

Rules violation the Commission shall refa the matter to theDisciplinary Panel hearing

20--41) The functions of the Disciplinary Panel shall be Functi0mof

to- the Anti-Doping~ i amp i amp n q

( a ) receive examine and hear evidence relating to an -I

Anti-Doping R des violation

(8) conduct disciplinary hearings related to Anti-DopingRules violations referred to it by the Commission

( c ) determine whether a violation of the Anti-DopingRules has occurred

(4mpose consequences of Anti-Doping Rules yiola-tions

( e ) perfom any other functions that are conferred orimposed on the Disciplinary Panel by this Act

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ANT-DOPINGIN SPORT

EstablishmentofJamaicaAnti-DopingAppealsTribunalThirdSchedule

(2) The Disciplinary Panel shdl consequent onreceiving a written reference h m he Commission asserting an

Anti-Doping rules violation-

(a) within fourteen days of the date of receipt of thereference commence a hearing

(b) within twenty days of the date of receipt of thereference issue a written decision

(c ) within thirty days of the date of receipt of the

reference issue written reasons for the decision givenin paragraph (b)

2 1 4 1 ) Subject to section 23 where-

(a) any athlete or other person who is the subject of thedecision being ap p d e d

(b) the C om iss io n

(c ) the relevant international sporting federation

(8 ) relevant nationd sporting organization

(e) the Jamaica Olympic Association

WADA

is aggrieved by a decision of the Disciplinary Panel that personor body may witkin fourteen days of the decision of theDisciplinary Panel and in the prescribed m m e r lodge magpeal with the Appeds Tribunal established under section 22against any decision of the Disciplinary Panel

(2) Every decision of the Disciplinary Pm el in respectof a Anti-Doping Rules violation shdl remain in effect duringthe appeal process unless the Appeal Tribunal otherwiseorders

2 2 4 1 ) For the purposes of an appeal under section 21there is hereby established an Appeds Tribunal to be calledthe Jamaica Anti-Doping Appeals Tribunal constituted inaccordance with the Third Schedule

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ANTI-DOPIAG IN SPORT

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

(a) PO hear and determine issues arising fiom a decision ofthe Disciplinary Panel-

(i) that an Anti-Doping Rules violation wascommitted

(ii) imposing consequences of an Anti- DopingRules violation

(iii) ohat ara Anti-Doping Rules violation was not

committed(iv) that an anti-doping orgmimtion lacks

jurisdiction to rule on an Anti-Doping Rulesviolation or consequences of rn Anti-DopingRules violation

(v) to impose a provisional suspension as a result

of a paovisiond hearing

(b ) to determine the consequences of an Anti-DopingR d es violation to to mposed

(c) to perform any other hctions hat me c o n f e d orimposed on the Appeals T r i b d by virtue of this Act

(3) The Appeds T r i b d shdl consequent on thelodging of an appeal under subsection (1)-

(a) within twenty-one days of lodging receive h a mdex m in e the evidence relating to the ap

(b) within thirty days of the date of lodging issue ao

written decision

(c) within sixty days of the date of l dgin g issue writtenreasons for the decision

(4) kra appeal shdl not in its entirety exceed three

months except in extenuating c k w n a m c e s

23 M e r e an appeal is in respect of an i n t e m ~ o dvent ~ S O F

iclkrdonellor a m e nvolving an nternational-level athlete the decision of amp

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ANTI-DOPING IN SPORT

the Disciplinary Panel may k appealed directly to the Court ofArbitration

Apr of 24-41) Any decision by WADA reversing the grant of aTherapeutic Use Exemption Certificate or as the case be the

d refusal to grant may be appealed directly by the athlete or theUw

~xwptimCommission to the Court of Arbitration

M B e (2) Where an international-level athlete has made an

application for a Therapeutic Use Exemption Certificate andthe international sporting federation has reksed to grarnt

such Therapeutic Use Exemption Certificate the athlete mayappeal exclusively to the Court of Arbitration in respect ofthe refusal to grant the Therapeutic Use ExemptionCertificate

(3) Where the JADCO TUEC has refused to grant aTherapeutic Use Exemption Certificate to a national-levelathlete the athlete may make an appeal to the Appeals Tribunal

(4) Where the Appeals Tribunal reverses the decision ofthe JADCO TklEC to grant a Therapeutic Use ExemptionCertificate WADA may appeal to the Court of Arbitration

Miscellaneous

canmtaity 25-41) Every-

(a ) member of the Commission(b) officer m d employee of the Com is si on

(c) expert retained by the Commission to m i s t in itsinvestigations and delikrations

(4 ember of the Appeals Tribunal

(e ) member of the JADCO TUEC

V) member of the Disciplinary Panel

shall keep secret and confidential all information coming to hisknowledge in the course of the administration of this Act exceptin so far as the Commission authorizes that pason to releasethat information

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ANTI-DOPING IN SPORT

(2) Any person who contravenes subsection (1) shd lbe guilty of an offence and s M l be liable on smw

conviction in a Resident Magistrates Court to a fine notexceeding one million dollars

26-41) The Minister may make regulations generally for awlations

giving effect to the provisions of this Act and without prejudiceto the generality of the foregoing the regulations may pmvidefor-

(a) the determination and collection of fees m d charges in

connection with the exercise of the Ruactions of theCommission

(b) the keeping of such records as the Minister may

require for the pwposes of this Act

(c) the forms to be used for the ppsrposes of this Act and

(4 mything required by this Act to be prescribed

(2) Regulations made under subsection (1) may pmvidefor the imposition of a penalty on summary conviction in a

Resident Magistrates Cowt of a fine not ex ce din g one milliondollars or a term of imprisonment not e x d i n g six months orboth such fine and imprisonment

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ART-DOBlNG lN SPORT

Constitution and Procedure of the Jamaica Anti-Doping Commission

1 The Commission shall consist of the following mem krs-

(a) not less than nine md not more than thirteen persons who theMinister is satisfied am of high integrity and able to exercise soundjudgment in faz8filling their responsibilities under this Act

(heminafter r e f e d to asappointed memkmsn)

(b) the Executive Director of the Commission and the PemmentSempary or his nominee (heminailer r e f e d to as ex-officiomembers)

2 The appointed members of the Commission shall be appointed by theMinister by instrument in writing and shall subject to the provisions of thisSchedule hold office for a pmisd of three years

3 Every appointed member shall be eligible for re-appointment

4 4 1 ) The Minister shdl appoint a chairman and a deputy chairman fromamong the appointed members

(2) ln the case of absence or inability to act of the chaiman thedeputy chairman shall perform the functions of the chaiman

(3) In the case of absence or inability to act of both the chairman and

deputy chairman the Minister may appoint any other member to perform thefunctions of the chairman or as he case may be the deputy chairman duringsuch absence or incapacity

5 If any member is absent or unable to pedorm his duties due to absenceor illness the Minister may appoint any person to act in the place of that

member so however that such appointment shall be made in the m emanner and fiom among the same category of p o n s as would be requiredin the case of a substantive appointment

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

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

(6) is convicted and sentenced to a tenn of imprisonment

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

(4 ngages in such activities as are reasonably consided prejudicialto the interest of the Commission

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M I- D O P IN G IN SPORT 29

7 Thew shall be paid to the members of the Commission such ~mlanaretfol~

remuneration (whether by way of honowriurn salary fees or allowances) as of^^

the Minister with responsibility for the public service may determine

8 Fiye members of the Commission shall form a quorum at any m m

meeting

9 - 4 1 ) An appointed member other than the chahan may at any time Resignation

resign his office by instrument in writing addressed to the Minister and

transmitted through the chairman and fiom the date of receipt by the Minister

of such instrument that person shall cease to be a member

(2) The chairman may at any time resign his office by instrument

in writing addressed to the Minister and such resignation shallrtake eflst

as from the date of receipt by the Minister of that insitmment

10 If any vacancy occurs in the membership of the Commission Fillingof

such vacancy shall be filled by the appointment of another member vrmcmcics

B 1 4 1) No p w i n g s shall be brought or instituted before any co w or meah

tribunal personally against any member of the Commission in respect of my of ~~~act done bonaflde in pursuance or execution or intended execution of this

A n

(2) Where any member is exempt from liability by reason only ofthe provisions of this paragraph the Commission shall be liable to the extent

that it would be if that member were an employee or agent of the

Commission

I f The names of all members of the Commissionas first constimed and Gazetting of

every change therein shall be published in the Gazette ~ h h i p

Administrbrion and Fdnance

1341) The Commission shall appoint and employ at such remuneration ampin-8

and on such terms and conditions as it thinks fit an Executive Director a zySecretary and such other officers employees and agents as it considers mflom

necessary for q e proper carrying out of its functions

(2) Notwithstanding sub-paragraph (1)-

(a) a salary in excess of the prescribed rate shall not be assigned to

any post without the prior approval of the Minister and

(b) an appointment shall not be made to any post to which a salary in

excess of the prescribed rate is assigned without the prior approval

of the Minister

(3) In this section prescribed me means such rate as thk

Minister with responsibility for the public service may by order prescribe

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38 M-DOPING N SPORT

W i 14 The Commission may with the written appmval of the Minister-gmwitksmd

~iharuirimg (a) enter into ammgements respecting schemes whether by way of

bencri insurance policies of otherwise or(6) make regulations

for medical h e f i 4 pensions gratuities and other retiring benefits ordisability or death benefits relating to employees of the Commission andsuch arrangements or regulations may include provisions for the g m t ofbenefits to the dependants and the legal personal representatives of suchemployees

Fundo lad 1 5 4 1) The dunds and resources of the Commission shall consist of-fsaufca ofC g m n i h (a) such funds as may be provided by Parliament for the Commission

in the annual Estimates of Revenue and Expenditum

(b) revenues ampom fees and charges impsed by the Commission form y -ices p d d d by it or the use of any facility

(c) s ~ c h m s as may beallocated b m time to time to theCommission b m esearch or education gmts or fiwm loan fundsand

(d)all o t h a m s r property which may in any manner becomepayable to or vested in the Commission in respect of any matterincidental to its functions

(2) The expenses of the Commission including the remunerationof members md employees shall be paid out of the funds of theCommission

~BDPKCDLO 16 All moneys s f the Commission not q u i r e d to be expended fork v a the purpose of meeting any of the obligations or discharging any of them finctions of the Commission may be invested in such securities as the

Commission may afier consultation with the Minister responsible forfinance consider appropriate and the Commission may sell all or any of suchsecurities

d 17---(I) The Commission shall keep proper accounts and other records inmlation to its business and shall prepare mually in msgect of each financialyear a statement of accounts in a form satisfactory to the Minister beinga form which eon foms with established accounting principles

(2) The accounts of the Commission shall be audited annually by anauditor or auditors appointed by the Commission and approved by theMinis-

(3) The members ofticers and employees ofthe Commission shall-

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ANTI-DOPING IN SPORT 3 1

(a) grant to the auditor appointed under sub-paragraph (2) accessto all books documents cash and securities of the Commissionand

(b) give to the auditor on request all such information as may be

within their knowledge in relation to the Commissions operations

(4) The auditors fees and any expenses of the audit shall be paid bythe Commission

(5) The Auditor-General shall be entitled at all reasonable times toexamine the accounts and other records in relation to the business of theCommission

l8-(l) The Commission shall within six months afterthe end of each A n n d

financial year or within such longer priod as the Minister may in spcialcircumstances allow cause to be made and transmit to the Minister a regort edi-

dealing generally with the activities of the Commission during the precedingyear including-

(a) a statement of its accounts audited in accordance with paragraph 17

(b) a statement of the outcomes and findings of its annual testing

programme including satis tical information on-(i) the provision of samples by athletes

(ii) the testing of samples so provided and

(iii) the extent of the participation of ~ a ti o na l sportingorganizations in testing programmes operated or suppofldby the Commission

(c) the results of Anti-Doping research undertaken by or supported bythe Commission

(4 summary of the education and public information programmesundertaken by or supported by the Commission and

(e) particulars of the extent to which the Commission has compllidwith and achieved the objectives of any sb-ategic plan and theoperational plan in force during the financial year to which theregort relates

(2) The Minister shall cause copies of the report together with the

a n n u l statement of accounts and the auditors report thereon to belaid on theTable of the House of Representatives and of the Senate

(3) The Commission shall before a date specified by the Minisampsubmit to the Minister for his approval estimates of revenue and expenditurefor the ensuing year

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32 ANTI-DOFING IN SPORT

Exemption 1 The income of the Commission shall be exempt fiom incomefminsome

tax

SECOND CHEDULE (Seaion 18)

Constirution of h e Jamaica Awi-Dop ing Disciplinary Panel

Cm d t u t h 141) The Disciplinary Panel shall consist of not more than nineOf Discipi- persons appointed as fol~ows-nsr)Pawl

(a) m chairman and two vice chairmen each of whom shall be legal

practitioners of not less than 18 years of experience

(b) three persons each of whom has been duly qualified medical

practitioners for not less than five years

(el three additioilal members each of whom shall be or has previously

been a spaas administrator or an athlete

(2) The chairman or in his absence the vice chairman shall

appoint three members frsm the panel to hear and determine each case

(3) Every hearing shall comprise of the chairman or a vice chairman

as chairman of the hearing panel one medical pmctitioner member and one- sp rt s dminismtosor athlete member

Tenurecf 2 The members shall be a~pointedby the Minister by instrument inofiw w-riting md shall subject to the provisions of this Schedule hold ofice for a

period of three years

lp 3 Every member shall be eligible for re-a~pointment

qipkmlm

~c t i ng 4 If my member is absent or unable to act the Minister may appoint anyWiatmesrtscerson to act in the glace of that member so however that such appointment

shdl be made in the same manner and frsm among the same category of

persons as would be required in h e case of a substantive appointment

Ip-b 5 The Minister may at any time revoke the appointment of any member

of the Disciplil~~~jymel if such member-8mm

(a) becomes ~f unsound mind or becomes pemanently unable to

p f o m his frsnctions by reason of i l l health

(b) is wnvicted and sentencedto a term of imprisonment

(6 ) hils withotit peasonable excuse to carny out any of the functions

m L d r ionposed on him under this Act or

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ANTI-DOPING IN SPORT 33

( 8 ) engages in such activities as are reasonably considered prejudicialto the interest of the Commission

16 There shall be paid to the members of the Disciplinary Panel such Remuneration

remuneration (whether by way of honorarium salary fees or allowances) as ofmembersthe Minister may determine

7 - (1 ) Any member other than the chairman may at any time resign Resignation

his office by instrument in writing addressed to the Minister and transmittedthrough the chairman and from the date of receipt by the Minister of suchinstrument that person shall cease to be a member

(2) The chairman may at any time resign his office by instrument

in writing addressed to the Minister and such resignation shall take effect asfrom the date of receipt by the Minister of that instrument

8 If any vacancy occurs in the membership of the Disciplinary Panel Fillingof

such vacancy shall be filled by the appointment of another member so vacancies

however that such appointment shall be made in the same manner and fromthe same category of persons as would be required in the case of the originalappointment

9 - ( l ) No proceedings shall be brought or instituted before any court or htection

tribunal personally against any member of the Disciplinary Panel in respect ofmembers

of any act done bo na jide in pursuance or execution or intended execution ofthis Act

(2) Where any member is exempt from liability by reason only ofthe provisions of this paragraph the Disciplinary Panel shall be liable to theextent that it would be if that member were an employee or agent of theDisciplinary Panel

10 The names of all members of the Disciplinary Panel sas first Gazettingof

constituted and every change therein shall be published in the Gazette membership

THIfttl SCHEDULE (Section 22)

Constitutionof the Jamaica Anti-Doping Appeals Tribunal

1 The Appeals Tribunal shall consist of sir person- ConstitutionofAppeals

(a) a chairman and vice-chairman k i n g both persons who have Panel

served as either a Judge of the Court of Appeal or of the SupremeCourt

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ANTILDOPING IiV SPORT

(b) persons who have served in-

Actingwepombmnts

Revocationof

appointment

Remunetation

Resignation

Filling ofvacancies

(i) the post of a Director of Public Prosecutions or a senior

member of staff of the Office of the Director of PublicProsecutions

(ii) sports administration for at least ten years

(iii) sports medicine for at least ten years

2 The members of the Appeals Tribunal shall be appointed by theMinister by instrument in writing and shall subject to the provisions of thisSchedule hold office for a period of three years

3 Every member shall be eligible for re-appointment

4 If any member of the Appeals Tniunal is absent or unable to performhis duties the Minister may appoint any person to act in the place of thatmember so however that such appointment shall be made in the samemanner and h m mong the same category of persons as would be requiredin the case of a substantive appointment

5 The Minister may at any time revoke the appointment of any memberof theCommission if such member-

(a) becomes of unsound mind or becomes pe-rmanently unable toperform his functions by w o n of i l l health

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

(c) fails without reasonable excuse to cany out any of the functionsconferred or imposed on him under this Act or

(4 ngages in such activities as are reasonably considered prejudicialto the interest of the Commission

6 There shall be paid to the members of the Appeals Tribunal suchremuneration (whether by way of honorarium salary fees or allowances) asthe Minister may determine

7-41) Any member other than the chairman may at any time resign hisoffice by instrument in writing addressed to the Minister and transmittedthrough the chairman and from the date of receipt by the Minister of suchinstrument that person shall cease to be a member

(2) The chairman may at any time resign his oflice by instrument inwriting addressed to the Minister and such resignation shall take effect asfrom the date of receipt by the Minister of that instrument

8 If any vacancy occurs in the membership of the Appeals Tribunal suchvacancy shall be filled by the appointment of another member so however

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ANTI-DOPING IN SPORT

that such appointment shall be made in the same manner and h m he samecategory of persons as would be required in the case of the original

appointment9+1) No proceedings shall be brought or instituted before any court Rotection

or tribunal personally against any member of the Appeals Tribunal in respect of members

of any act done bonafide in pursuance or execution or intended execution ofthis Act

(2) Where any member is exempt from liability by reason only of theprovisions of this paragraph the Appeals Tribunal shall be liable to theextent that it would be if that member were an employee or agent of the

Appeals Tribunal10 The names of all members of the Appeals Tribunal as first constituted Gazatingof

and every change therein shall be published in the Gmette Membenhip

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ANTI-DOPINGIN SPORT

19 Commission to refer findings for hearing

29 Functions of the Anti-Doping Disciplinary Panel

21 Appeals

22 Establishment o f Jamaica Anti-Doping Appeals Tribunal

23 Appeals o f international-level athlete

24 Appeals o f decisions to deny Therapeutic Use Exemption Certificate

Miscellaneous

25 Confidentiality26 Regulations

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ANTI-DOPING IN SPORT 3

THE ANTI-DOPING IN SPORT ACTAct

10 a r m

[July 3120081

PA RT Preliminary

1 This Act may be cited as the Anti-Doping in Sport Act short title

2 In this Act unless the context otherwise requires- Interprets-tion

anti-doping means related to the prevention or control ofdoping

anti-doping organization means a signatory to the Codethat is responsible for adopting rules for initiatingimplementing or enforcing any part of the dopingcontrol process and includes-

(a) the International Olympic Committee

(b) the International Paralympic Committee(c) the World Anti-Doping Agency (WADA)

(4 an international sporting federation

(e) a major event organization that conductstesting at its events

V) the Commission

(g ) any other National Anti-Doping Organi-zation

Anti-Doping Rules means any rules made under section

9

Anti-Doping Rules violation shall be construed inaccordance with section 10

Appeals Tribunal means the Jamaica Anti-DopingAppeals Tribunal established under section 22

athlete means-

(a ) any person who participates in a sport-

me W d n f thb page b rsthorbcd by LN lfMOll(1

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ANTI-DOPIhG Ih SPORT

(i) as an international-level athlete

(ii) as a national-level athlete (as

determined by the Commission)including but not limited to any person inthe Registered Testing Pool who isotherwise subject to the jurisdiction ofthis Act

(b) for the purposes of section 10 (2) (h) andanti-doping information and education

- any person r e f m d to in paragraph (a)and any other competitor in sport

athlek support personnel means any-

(a) parent or guardian of an athlete who is aminor

(b) m e d i d practitioner or paramedical

personnel(c) coach trainer manager oficial agent or

team sw

working with or treating or assisting an athleteparticipating in or preparing for sports competition

Code means the World Anti-Doping Code adopted bythe World Anti-Doping Agency on March 52003 atCopenhagen Denmark and includes any amendmentsto the Code adopted by the World Anti-DopingAgency from time to time

Commission or JADCO means the Jamaica Anti-Doping Commission established under section 5

competition or sporting competition means a sportingactivity consisting of a single race match game orathletic contest

1 iiuchha o t cbls page a ratborhcd by LX 123120111

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ANTI-DOPING IN SPORT 5

consequences of Anti-Doping Rules violation mmeans oneOH more of the following consequences m d t i n g fioman athletes or other persons violation of an And-

Doping R u le -

(a) disqualificatiorr-this means that the ath-letes s e d t s in a particular competition orevent we invdidakd with d l resultingconsequences including forfeiture of m ym d s points and prizes

(b) ineligibility-this means that the athlete OH

other person is b d or a specified periodof time frsm participating in m y competitionOHother activity or hnding

(c) provisional suspemion-this means that theathlete or other person is b m d temporarilyfiom participating in any competition prior to

the final decision of the Appeals T r i b u d

Court of Arbitration9 means the Court of Arbitration forSport located in L au sm e Switzerland established bythe International Olympic Committee and the statutesof which came into force on June 30 1984

Disciplinary Panel means the dsamdca Anti-DopingDisciplinary Panel established mder section 18

bbdopingmeans any violation of the Anti-Doping Rules

doping control means all the steps and processes frsmtest distribution plming through to ultimate dis-position of any appeal including all steps andprocesses in between such as provision of where-abouts information sample collection and handling

results management and hearings

doping control teams means doping control teams

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ANTI-DOPING IN SPORT

operating under the authority of international orm t i o d ad-do ping organizations

event means a series of individual competitionsconducted together under one international sportingfederation or national sporting organization or d i n g

body

functions includes powers and duties

in-competition means the period commencing twelve

hours before a competition in which the athlete isscheduled to participate through the end of suchconmpetition and the sample collection process relatedto such competition

international event or international competitionmeans as the case may be an event or competitionwhere the Intemational Olympic Committee the

International P d y m p i c Committee an internationalsporting federation a major event organization oranother international sporting organization is thed i n g body for the event or competition or appointsthe technical officials for the event or competition

international-level athlete means an athlete designatedby one or more intemational sporting federations as

being within the Registered Testing Pool for aninternational sporting federation

International Olympic Committee means the organiza-tion created by the Congress of Paris on June 231894and entrusted with the control and development of themodern Olympic Games

Internatiod Pmlympic Committee means the organi-

zation established on September 22 1989 to enablep d y m p i c athletes to achieve sporting excellence andto inspire and excite the world and entrusted with thecontrol and development of the Paralympics Games

l f b c inclrasiooof his psp is 8o(borud by LK IUnOlll

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international sporting federation in relation to aparticular type of sport or event means the sportingbody having international control over that sport orevent

International Standard means a standard adopted by theWorld Anti-Doping Agency in support of the Codecompliance with which is s a c i e n t to conclude thatthe procedures addressed by that standard are

performed properly

JADCO TUEC means the Therapeutic Use ExemptionCommittee appointed under section 13

major event organizations means the continental asso-ciations of National Olympic Committees and otherinternational multi-sport organizations that function

_ a s he ruling body for any continental regional orother international event

marker means a compound group of compounds orbiological parmeters that indicates the use of a

prohibited substance or prohibited method

metabolite means any substance produced by abiotrmsformation process

minor meansa

person under the age of eighteen yearsWational Anti-Doping Organization means-

(a) an entity designated by a state as possessing theprimary authority and responsibility to adopt andimplement rules in that state which are equivalentto the Anti-Doping Rules d k t he collection ofsamples and the management of ttst results and

(6) where such designation has not been made by thecompetent public authority of a state that statesnational Olympic Committee or iamp designatee

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ANTI-DOPING IN SPORT

national event means a sporting event involvinginternational-level or national-level athletes that is not

an international eventnational-level athlete means an athlete other than an

international-level athlete who is designated bythe Commission or the ~aiio la al Anti-DopingOrganization to which he is subject as being withinthe Commissions or organizations Registered Test-ing Pool

national sporting organization in relation to a particularsport means-

(a) in respect of any country a sporting organi-zation that is recognized by the relevantinternational sporting federation as being theorganization responsible for administering theaflFsPigs of that sport or of a substantial part orsection of that sport in that country or

(6 ) in respect of a country other than Jamaica ifthere is no international sporting fderation inrelation to that sprt a sporting organizationthat is generally recognized as being res-ponsible for administering the affairs of thatspa or of a substantial part or section of thespa$ in that country or

(c) in respect of Jamaica whether or not there isan i n t e m t i o d sporting federation in relationto that sport a sporting organization that isreccpgnid by the Government of Jamaica oris generally recognized as being responsiblefor administering the aEairs of that sport or ofa substantial part or section of that sport in

Jamaicano-advance notice means doping control which takes

place with no advance waming to the athlete and

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ANgP-DOPING IN SPORT 9

where the athlete is continuously chaperoned from themoment of notification through to the p i n t where asample is provided

out-ofompetition means any doping control which isnot conducted in-competition

participant means any athlete or athlete supportpersonnel

Prohibited List means the Prohibited List published byWADA which identifies the prohibited slabstances aPmd

methods as amended hmn time totime

prohibited method m e w m y method so described onthe Prohibited List

prohibited substance means any substance so describedon the Prohibited List

Registered Testing Pool means the pool of athletesestablished separately by each intamtiom1 sportingfederation or National Anti-Doping Organization as

the case may Be who are subject to both in-competition and out-of-competition testing as part ofthat fderations or organizations test distributionplanning

sample or specimen means m y biological materidcollected for the pupo m s of doping m n m l

sporting organization inc8des an organization that-

(a) has control in a particular stateor put of a stateor internationally of one or more sports orsporting events

(b ) organizes or administers one or more sports orsporting events

(c) accredits persons to take part ir sportingcompetition

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ANTI-DOPING IN SPORT

(4 rovides teams to compete in sportingcompetition or

(e) trains or provides finance for a person to takepart in sporting competition

tampering means altering for any improper purpose or inan improper way bringing improper influence to bear

interfering improperly to alter results or preventnomid procedures fiom occurring

team sporthems a sport in which the substitution of

athletes is permitted during a competition

k s t i n g b e m the parts of the doping control processinvolving test distribution planning sample collectionsample -handling and sample transport to thelaboratory and kst shall be similarly construed

Therapeutic Use Exemptioq or WE eans anexemption granted in accordance with the Annex 11 ofthe UNESCO Anti-Doping Convention entitledStandards for Granting Therapeutic UseExemptions and the provisions of this Act and anyRules or Regulations made thereunder

trfficking in relation to a prohibited substance orprohibited method means selling giving adminis-tering transporting sending delivering or distribut-

ing as the case may be a prohibited substance orprohibited method to an athlete either directly orindirectly or through one or more third parties butdoes not include selling or distributing (by medicalpersonnel or by persons other than an athletessupport personnel) a prohibited substance for genuineand legal therapeutic purposes

UNESCO Anti-Doping Convention means the Inter-national Convention Against Doping in Sport adoptedby the UNESCO General Conference at Paris Franceon October 19 2005 and includes any amenheritsto the Convention that have entered into force for

- -- -lThc inclusion of h i s pap is auhorized by LS 12320ll(

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Jamaica

we in relation to a prohibited substance or prohibitedmethod m e w the application ingestion injection orconsumption by any means whatsoever of anyprohibited substance or prohibited method as the casemay be

World Anti-Doping Agency or WABA means thebody founded by the hternatiod OlympicCommittee and constituted as a foundation in

husanne Switzerland by an instrument of foundationsigned on November 10 1999 and named in thatinstrument a s the World Anpi-Doping Agency

3 The objects of this Act are to-

(a) promote a drug-free environment for sport andprovide athletes and athlete support personnel withprotection of their right to participate in h g - f k e

sport and thus promote h d t h fairness and quali tyfor d l participants in s p r t s and

(6) ensure harmonized coordinated and effective sportsanti-dgping programmes at the national levell andinternational level with regard to the detectiondeterrence and prevention of doping and

objectsofAct

(c ) respect the rights of individuals and national sportingorganizations by the application of f i r procedures forand meam to oversee doping control determinationof Anti-Doping Rules Violations and theirconsequences and other decisions made in the interestof drug-free sports

4 4 1 ) For the purposes of doping conml the following App1i68ti0

persons are governed by this Act-

(a) a person who has been selected to compete as arepresentative of Jamaica in an international sportingcompetition

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(b ) a person who competes in a national sportingcompetition

(c) a person who has been assessed by a Jamaicannational sporting organization as having thepotential to represent Jamaica in an internationalsporting competition

(4 a person who competes as a member of a team ina sporting competition (whether held or to Be

held in or outside Jamaica) at a level whichinvolves participation of the following-

(i) teams that represent Jamaica or

(ii) teams that represent organizations inJamaica and contain members who havek n ssessed by a Jamaican nationalsporting organization as having the

potential to represent Jamaica inan

international sporting competition

(e) a person who competes in sprting competitionand-

(i) is receiving financial or other sport-related support from the Government ofJamaica or an agency of the Govern-

ment or

(li) is a party to an arrangement with theGovernment of Jamaica under which theperson will receive financial or othersport-related support fiom the Govern-ment or an agency of the Government

(i) who has been assessed by a nationalsporting organization or an internationalsporting federation as having reachedsuch a standard of performance in the

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ANTI-DOPING IN SPORT

field of sporting activity in which hecompetes as to be capable of represemt-

ing in international sporting competitionthe country of which he is a citizen or inwhich he is oqiinarily resident and

(ii) in respect of whom the Commission has

been requested by a National Anti-Doping Organization of a country otherthan Jamaica to obtain a sample for

testing or(g ) a person whose name is entered on the

Commissions Registered Testing Pool ofinternational-level and national-level athletes andwho--

(i) has been notified of his inclusion in theCommissions Registered Testing Pool

and(ii) as a direct result of having his name so

entered is required to file quarterlywhereabouts information with the Com-mission on forms provided by the om-mission which s p i f l on a daily basisthe locations and times where theathlete will be residing training or

competing

(2) Subject to subsection (3 person who at anyparticular time-

(a) is in training or has at any time within the precedingtwelve months trained to compete in a sportingcompetition or

(8) has at any time within the preceding twelve monthscompeted in a sporting competition

is deemed for the purposes of subseetion (1) to be a person whocompetes in a sporting competition

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ANTP-DOPPNG IN SPORT

(3) For the purposes of this Act a person is deemed notto have been an athlete at a particular time if the person had-

(a) given prior written notification to the relevant nationalsporting organization that he had retired from takingpart iam sporting competition

(b ) not since the written notification was given takenpart in a sporting competition and

( c ) been informed by the Commission that he no longersatisfies the criteria for inclusion in the RegisteredTesting Pool

(4) A person who has given written notice of retirementfrom taking part in sporting competition to the relevant nationalsporting organization and who is not serving a period ofineligibility may not resume competing d e s s he has given theCommission at least twelve months prior written notice that heexpects to return to competition and is available for no-advancenotice out-of-competition testing during the period

PART 1 Jamaica Anti-Doping CommissionEstablishment and Functions

-lisBlmmt --(I) There is hereby established for the purposes of thisofJmb

~ n t i - w m g Actp a M y o be called the Jamaica Anti-Doping Commissionammissio which shall be a body corporate to which section 28 of the

Interpretation Act appliesFirst ( 2 )The provisions of the First Schedule shall have effectSckduie

as to the constitution and procedure of the Commission andotherwise in relation thereto

Fm-of 6-41) The Commission shall perform such functions as areChmission

necessary to facilitate the control and prevention of doping insports including-

( a ) implementing the policies and programm es of theGovernment against doping in sport

(b ) doing dl things necessary to comply with andimplement any Article of the Code

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ANTI-DOPING nsJ SPORT

(c) planning implementing and monitoring informationand education progammes aimed at educating

athletes athlete support personnel parents the mediaand the general public in Jamaica about doping insport matters such as-

(i) the health consequences of doping

(ii) the harm of doping to the ethical values ofsport

(iii) prohibited substances and prohibited methods

(iv) therapeutic use exemptions

(v) nutritional supplements

(vi) doping control procedures and resultsmanagement

(vii) the athletes rights and responsibilities inregard to doping in sport and the con-sequences of committing an Anti-DopingRules violation

(4 establishing a register for the Registered Testing Poolof national-level and international-level Jamaicaathletes who are citizens or residents of and noting

such athletes and relevant national sporting oiganiz-ations of entries made in the register

(e) directing the anti-doping programme of the Govew-ment specific to sports including conducting testing ofathletes planning coordinating and implementing thecollection of samples the management of test resultsand conducting hearings in keeping with the man-

datory international standards set out in the Code

ugt testing any athlete whether or not he is a citizen orresident of Jamaica-

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MI-DOPIMG IM SPORT

(g) notifjhg test results to athletes a d as the case maybe g o v m e m t s of countries other than Jamaica anti-

doping organizations of other countries or othersignatodes to the Code in accordance with bilateral ormdpilrateaca9 agreements entered into by Jamaica withsuch governments organizations or signatories

(h) entering into reciprocd testing agreements withN a t i o d Anti-Doping Organizations outside Jamaicain relation to any athlete

(0 encouraging and facilitating the negotiation by anys-porting organization and Anti-Doping Organization of

my agreement permitting their members to be testedby authorized doping control teams h r n othercom~a

63 mpmtiarg with the testing and education initiativesof WW A and other antidoping organizations

(k) supporting encouraging conducting and promotingresearch stbout doping in sport matters that contributesto the development and implementation of eficientantidoping programmes

(I) consulting with advising and assisting-

(i) G o v e m e n t departments and agencies local

authorities the Jamaica Olympic Associa-tion national sporting organizations andother bodies or persons on any mattersconcerned with doping in sport issues andrelated matters

(ii) foreign government and non-governmentalorganizations and other persons outside ofJamaica for the purpose of promoting theadoption of uniform international testingprocedures for doping in sport

(m) publishing and making available the Prohibited Listand any revision thereof to athletes and as such all

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ANTI-DOPING IN SPORT

athletes shall be deemed to accept the Prohibited Listand any amendments thereto as binding upon

them

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

(0 ) performing any other h c t i o n s relating to doping insport that are conferred on the Commission by this orany other enactment and

07) generally taking all steps necessary or desirable to

achieve the purposes of this Act(2) In the performance of its functions the Com-

mission-

(a) shall establish for its use and for the use of itscommittees procedures that are appropriate and fair inthe circumstances

(b) shall develop appropriate procedures t+

(i) reflect the needs of athletes who are underthe age of eighteen years and

(ii) reflect the culture and any disabilities orother special concerns of athletes and

(iii) protect each athletes right to privacy

(c ) may impose fees or charges for the provision of

information advice or other services requested of theCommission (other than for information requested byan athlete relating to the athlete)

(3) The powers of the Commission may be exercised ina state other than Jamaica in relation to athletes who are citizensof Jamaica subject to the approval of the relevant foreign stateor relevant national sporting organization of such state

7 4 1 ) The Minister may after consultation with the Chair- Ministarnaygive direc-

man of the Commission give to the Commission directions in tions to

writing of a general character as to the policy to be followed by COmrnissi

the Commission in the performance of its functions as appear to

JThe inclusion of this page ip authorized by LK 123ROlll

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ANTI-DOPING IN SPORT

the Minister to be necessary in the public interest and theCommission shall give effect thereto

(2) Directions given under subsection (1) shall not relateto-

(a) a particular athlete or particular athlete supportpersonnel or

(b) doping control

(3) The Commission shall comely with any directionsgiven under subsection (1)

powerco $--(I) The Commission may with the written approval ofM-the Minister delegate any of its functions under this Act (otherthan the power of delegation) to any member officer or agent ofthe Commission

(2) A delegation under subsection (1) i s ~ v o c a b l ey the

Commission in d the delegation of a function shall not precludethe performance of the delegated function by the Commission

P m 11 Anti-Doping Rules

9 The Commission may with the approval of the Ministermaymake~ l e s make d e s (in this Act referred to as the Anti-Doping Rules)

generally for controlling the occurrence of doping in sports and

for carrying out the objects of this Act and without limitingthe generality of the foregoing such d e s may provide for-

(a) initiating implementing or enforcing any part of thedoping control process

(b) analysis of samples

(c) athlete whereabouts information

(4 consequences of Anti-Doping Rules violation

(e) assessment of costs for disciplinary hearings

results management

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ANTI-DOPING IN SPORT 19

10--(I) Except in any case where an athlete holds a ~nti- oping

Therapeutic Use Exemption Certificate and is in compliance

with the terms of such Therapeutic Use Exemption Certificatethe athlete shall be liable for the presence of any prohibitedsubstance or its metabolites or markers found in his body

(2) Subject to the exception mentioned in subsection(I) a reference in this Act to an Anti-Doping Rules violationshall mean any one of the following-

(a) the presence of a prohibited substance or its meta-bolites or markers in an athletes specimen

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

(c ) refusing or failing without compelling justification tosubmit sample collection after notification asauthorized in applicable Anti-Doping rules or

otherwise evading sample collection(4 violation of applicable requirements regarding athlete

availability for out-of-competition testing includingfailure to provide required whereabouts informationand missed tests which are declared based onreasonable rules which comply with the InternationalStandard for testing

(e) tampering or attempting to tamper with any part ofdoping control

V) possession of prohibited substances or prohibitedmethods

(g) trafficking in any prohibited substance or prohibitedmethod

(h) administration or attempted administration of aprohibited substance or prohibited method to anyathlete or assisting encouraging aiding abettingcovering up or any type of complicity involving anAnti-Doping Rules violation or any attemptedviolation

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Therapeutic Use Exemption

Therapeutic

use81-41) An athlete with a medical condition requiring the

Exemption use of a Prohibited Substance or Prohibited Method shall firstCmihk obtain a Therapeutic Use Exemption Certificate in accordance

with the provisions of this Act the Anti-Doping Rules and theInternational Standard for Therapeutic Use Exemption fromJADCO TUEC or as the case may require the internationalsporting federation under whose control the athletecompetes

(2) Notwithstanding the provisions of subsection (I) aninternational-level athlete or athlete who participates ininternational events shall apply to the international sportingfederation concerned for the Therapeutic Use ExemptionCertificate except in emergency situations no later than twenty-one days before the athletes participation in an internationalsporting event or otherwise provided for in the Anti-Doping

rules of that international sporting federation and provide toJADCO TUEC a copy of such aun application prior to theinternational event

(3) The application for a Therapeutic Use ExemptionCertificate ampom an athlete shall--

(a) be made immediately after the athlete becomes awarethat the use of a Prohibited Substance or Prohibited

Method is required and

(b) subject to any circumstance of emergency be obtainedprior to the athletes participation in any competitionor event

(4) Where an athlete who is subject to testing and hasbeen granted a Therapeutic Use Exemption Certificate by aninternational sporting federation the athlete shall immediately

report the granting of the Therapeutic Use Exemption Certificateto WADA JADCO TUEC and to the relevant national sportingorganization and shall provide to JADCO TUEC all the relevantif in n a ti o n and documentation

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(5)Every national level athlete and athleteparticipating in national events shall obtain a Therapeutic Use

Exemption Certificate fiom the SAIDCO TUEC unless such anathlete has previously received a Therapeutic Use ExemptionCertificate fiom can international sporting federation md suchTherapeutic Use Exemption Certificate is still vdid and thegrant of which has been previously reported to the JADCOTUEC and the Commission

1241) An application for a Therapeutic Use Exemption Application

Certificate to the JAIDCO TUEC shall be made in accordance Ezmwwith the International Standard for Therapeutic Use Exemption withinternational

(2) The athlete on whose behalf the application has

been made shdl provide written consent for the transmissionof-

(a) d l information pertaining to the application to theSADCO WEC and as required other independent

medical or scientific experts and to all necessary staffinvolved in the management or review of TherapeuticUse Exemptions

(b) the decision of SAC0 TUEC to be distributed toWAIDA and to other relevant Anti-Doping Orghzza-tions under the provisions of the Code

1341) The Coxnmission shall appoint a Committee to bew i n - 8

of aheknown as he J m d c a Anti-Doping Therapeutic Use Exemption -Committee (in this Act known as JADCO PPJIEC)consisting aherapeuaic

of six duly qualified medical practitioners Use

Exemlptiowcommittee

(2) The appointment of every member of the JADCOTUEC shall be evidenced by an instrument in writing whichshall state the period of o fi ce of the member not e x d i n gthree y e m as the Commission may specify in the instrument

and each member shall be eligible for re-appointment

(3) The Commission shall appoint one of the membersof the JADCO TUEC to be the Chairperson thereof

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Fampons

of JADCOTUEC

NotificationofTherapeuticUseExemption

WADA mayreview andrevmeTUECertificate

(4) The JADCO TUEC sh dl act independently of theCommission and shall not have any other official responsibility

within the Commission(5) Where any member of the JADCO FUEC is

connected with an athlete (having regkd to their familialbusiness or other relationship) or has an interest in any nationalsporting organization or international sporting federation such amember is excluded fiom considering any application forTherapeutic Use Exemption fiom that athlete or as the case maybe any athlete who is a member or participant in a sporiing eventorganized or sanctioned by the international sporting federationor national sporting organization in which he has an interest

14 The hcc tions of the JADCO TUEC shall be to-

(a) receive and exmine applications from national-levelathletes for Therapeutic Use Exemption Certificates

(6) g m t Therapeutic Use Exemption Certificates

(c) revoke Therapeutic Use Exemption Certificates

(4 perform any other fipnctions that are conferred orimposed on it by this Act

15--(I) The JADCO TUEC shall promptly notify theCommission of its decision to grant a Therapeutic UseExemption Certificate

(2) The Commission upon being notified by JADCOTUEC of the grant of a Therapeutic Use Exemption Certificateshall notify WADA thereof

16 Where the JADCO TUEC has made a decision to grantor deny the grant of a Therapeutic Use Exemption Certificate toan athlete WADA at the request of the athlete or on its own initiative may review the p t r denial of the Therapeutic UseExemption Certificate and where WADA determines that the

granting or denial of such Therapeutic Use ExemptionCertificate did not comply with the International Standard forTherapeutic Use Exemption in force at the time then WADAmay reverse the decision to grant or deny the Therapeutic Use

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Exemption Certificate

17 Tlhe C O ~ I ~ S S ~ O ~hall tecognk the results of laboratory Recognition

d y s i s by other anti-doping organizations once conducted in 0 2 f t ~ faccordance with the WADA International Standard for Dopin

Testing o l g a n d ~ n ~

PART W isciplinary Panel Appeals

18 There is established for the purposes of this Act a M y listm mat

to be d l e d the Jamaica Anti-Doping Disciplinary Panel and theprovisions of the Second Schedule shall have effect as to the hti- oping

constitution and pmcedw of the Disciplinary Panel and Fzhqotherwise in relation thereto second

Schedule

19 Where it appears that there has been an Anti-Doping CommissionI 0der

Rules violation the Commission shall refa the matter to theDisciplinary Panel hearing

20--41) The functions of the Disciplinary Panel shall be Functi0mof

to- the Anti-Doping~ i amp i amp n q

( a ) receive examine and hear evidence relating to an -I

Anti-Doping R des violation

(8) conduct disciplinary hearings related to Anti-DopingRules violations referred to it by the Commission

( c ) determine whether a violation of the Anti-DopingRules has occurred

(4mpose consequences of Anti-Doping Rules yiola-tions

( e ) perfom any other functions that are conferred orimposed on the Disciplinary Panel by this Act

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EstablishmentofJamaicaAnti-DopingAppealsTribunalThirdSchedule

(2) The Disciplinary Panel shdl consequent onreceiving a written reference h m he Commission asserting an

Anti-Doping rules violation-

(a) within fourteen days of the date of receipt of thereference commence a hearing

(b) within twenty days of the date of receipt of thereference issue a written decision

(c ) within thirty days of the date of receipt of the

reference issue written reasons for the decision givenin paragraph (b)

2 1 4 1 ) Subject to section 23 where-

(a) any athlete or other person who is the subject of thedecision being ap p d e d

(b) the C om iss io n

(c ) the relevant international sporting federation

(8 ) relevant nationd sporting organization

(e) the Jamaica Olympic Association

WADA

is aggrieved by a decision of the Disciplinary Panel that personor body may witkin fourteen days of the decision of theDisciplinary Panel and in the prescribed m m e r lodge magpeal with the Appeds Tribunal established under section 22against any decision of the Disciplinary Panel

(2) Every decision of the Disciplinary Pm el in respectof a Anti-Doping Rules violation shdl remain in effect duringthe appeal process unless the Appeal Tribunal otherwiseorders

2 2 4 1 ) For the purposes of an appeal under section 21there is hereby established an Appeds Tribunal to be calledthe Jamaica Anti-Doping Appeals Tribunal constituted inaccordance with the Third Schedule

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

(a) PO hear and determine issues arising fiom a decision ofthe Disciplinary Panel-

(i) that an Anti-Doping Rules violation wascommitted

(ii) imposing consequences of an Anti- DopingRules violation

(iii) ohat ara Anti-Doping Rules violation was not

committed(iv) that an anti-doping orgmimtion lacks

jurisdiction to rule on an Anti-Doping Rulesviolation or consequences of rn Anti-DopingRules violation

(v) to impose a provisional suspension as a result

of a paovisiond hearing

(b ) to determine the consequences of an Anti-DopingR d es violation to to mposed

(c) to perform any other hctions hat me c o n f e d orimposed on the Appeals T r i b d by virtue of this Act

(3) The Appeds T r i b d shdl consequent on thelodging of an appeal under subsection (1)-

(a) within twenty-one days of lodging receive h a mdex m in e the evidence relating to the ap

(b) within thirty days of the date of lodging issue ao

written decision

(c) within sixty days of the date of l dgin g issue writtenreasons for the decision

(4) kra appeal shdl not in its entirety exceed three

months except in extenuating c k w n a m c e s

23 M e r e an appeal is in respect of an i n t e m ~ o dvent ~ S O F

iclkrdonellor a m e nvolving an nternational-level athlete the decision of amp

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ANTI-DOPING IN SPORT

the Disciplinary Panel may k appealed directly to the Court ofArbitration

Apr of 24-41) Any decision by WADA reversing the grant of aTherapeutic Use Exemption Certificate or as the case be the

d refusal to grant may be appealed directly by the athlete or theUw

~xwptimCommission to the Court of Arbitration

M B e (2) Where an international-level athlete has made an

application for a Therapeutic Use Exemption Certificate andthe international sporting federation has reksed to grarnt

such Therapeutic Use Exemption Certificate the athlete mayappeal exclusively to the Court of Arbitration in respect ofthe refusal to grant the Therapeutic Use ExemptionCertificate

(3) Where the JADCO TUEC has refused to grant aTherapeutic Use Exemption Certificate to a national-levelathlete the athlete may make an appeal to the Appeals Tribunal

(4) Where the Appeals Tribunal reverses the decision ofthe JADCO TklEC to grant a Therapeutic Use ExemptionCertificate WADA may appeal to the Court of Arbitration

Miscellaneous

canmtaity 25-41) Every-

(a ) member of the Commission(b) officer m d employee of the Com is si on

(c) expert retained by the Commission to m i s t in itsinvestigations and delikrations

(4 ember of the Appeals Tribunal

(e ) member of the JADCO TUEC

V) member of the Disciplinary Panel

shall keep secret and confidential all information coming to hisknowledge in the course of the administration of this Act exceptin so far as the Commission authorizes that pason to releasethat information

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(2) Any person who contravenes subsection (1) shd lbe guilty of an offence and s M l be liable on smw

conviction in a Resident Magistrates Court to a fine notexceeding one million dollars

26-41) The Minister may make regulations generally for awlations

giving effect to the provisions of this Act and without prejudiceto the generality of the foregoing the regulations may pmvidefor-

(a) the determination and collection of fees m d charges in

connection with the exercise of the Ruactions of theCommission

(b) the keeping of such records as the Minister may

require for the pwposes of this Act

(c) the forms to be used for the ppsrposes of this Act and

(4 mything required by this Act to be prescribed

(2) Regulations made under subsection (1) may pmvidefor the imposition of a penalty on summary conviction in a

Resident Magistrates Cowt of a fine not ex ce din g one milliondollars or a term of imprisonment not e x d i n g six months orboth such fine and imprisonment

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ART-DOBlNG lN SPORT

Constitution and Procedure of the Jamaica Anti-Doping Commission

1 The Commission shall consist of the following mem krs-

(a) not less than nine md not more than thirteen persons who theMinister is satisfied am of high integrity and able to exercise soundjudgment in faz8filling their responsibilities under this Act

(heminafter r e f e d to asappointed memkmsn)

(b) the Executive Director of the Commission and the PemmentSempary or his nominee (heminailer r e f e d to as ex-officiomembers)

2 The appointed members of the Commission shall be appointed by theMinister by instrument in writing and shall subject to the provisions of thisSchedule hold office for a pmisd of three years

3 Every appointed member shall be eligible for re-appointment

4 4 1 ) The Minister shdl appoint a chairman and a deputy chairman fromamong the appointed members

(2) ln the case of absence or inability to act of the chaiman thedeputy chairman shall perform the functions of the chaiman

(3) In the case of absence or inability to act of both the chairman and

deputy chairman the Minister may appoint any other member to perform thefunctions of the chairman or as he case may be the deputy chairman duringsuch absence or incapacity

5 If any member is absent or unable to pedorm his duties due to absenceor illness the Minister may appoint any person to act in the place of that

member so however that such appointment shall be made in the m emanner and fiom among the same category of p o n s as would be requiredin the case of a substantive appointment

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

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

(6) is convicted and sentenced to a tenn of imprisonment

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

(4 ngages in such activities as are reasonably consided prejudicialto the interest of the Commission

[The i a h h n cP Ibb amp aulborired by LN i23fZOlll

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M I- D O P IN G IN SPORT 29

7 Thew shall be paid to the members of the Commission such ~mlanaretfol~

remuneration (whether by way of honowriurn salary fees or allowances) as of^^

the Minister with responsibility for the public service may determine

8 Fiye members of the Commission shall form a quorum at any m m

meeting

9 - 4 1 ) An appointed member other than the chahan may at any time Resignation

resign his office by instrument in writing addressed to the Minister and

transmitted through the chairman and fiom the date of receipt by the Minister

of such instrument that person shall cease to be a member

(2) The chairman may at any time resign his office by instrument

in writing addressed to the Minister and such resignation shallrtake eflst

as from the date of receipt by the Minister of that insitmment

10 If any vacancy occurs in the membership of the Commission Fillingof

such vacancy shall be filled by the appointment of another member vrmcmcics

B 1 4 1) No p w i n g s shall be brought or instituted before any co w or meah

tribunal personally against any member of the Commission in respect of my of ~~~act done bonaflde in pursuance or execution or intended execution of this

A n

(2) Where any member is exempt from liability by reason only ofthe provisions of this paragraph the Commission shall be liable to the extent

that it would be if that member were an employee or agent of the

Commission

I f The names of all members of the Commissionas first constimed and Gazetting of

every change therein shall be published in the Gazette ~ h h i p

Administrbrion and Fdnance

1341) The Commission shall appoint and employ at such remuneration ampin-8

and on such terms and conditions as it thinks fit an Executive Director a zySecretary and such other officers employees and agents as it considers mflom

necessary for q e proper carrying out of its functions

(2) Notwithstanding sub-paragraph (1)-

(a) a salary in excess of the prescribed rate shall not be assigned to

any post without the prior approval of the Minister and

(b) an appointment shall not be made to any post to which a salary in

excess of the prescribed rate is assigned without the prior approval

of the Minister

(3) In this section prescribed me means such rate as thk

Minister with responsibility for the public service may by order prescribe

IThe lndluioe of this pap is authorired by LN 1232011(

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38 M-DOPING N SPORT

W i 14 The Commission may with the written appmval of the Minister-gmwitksmd

~iharuirimg (a) enter into ammgements respecting schemes whether by way of

bencri insurance policies of otherwise or(6) make regulations

for medical h e f i 4 pensions gratuities and other retiring benefits ordisability or death benefits relating to employees of the Commission andsuch arrangements or regulations may include provisions for the g m t ofbenefits to the dependants and the legal personal representatives of suchemployees

Fundo lad 1 5 4 1) The dunds and resources of the Commission shall consist of-fsaufca ofC g m n i h (a) such funds as may be provided by Parliament for the Commission

in the annual Estimates of Revenue and Expenditum

(b) revenues ampom fees and charges impsed by the Commission form y -ices p d d d by it or the use of any facility

(c) s ~ c h m s as may beallocated b m time to time to theCommission b m esearch or education gmts or fiwm loan fundsand

(d)all o t h a m s r property which may in any manner becomepayable to or vested in the Commission in respect of any matterincidental to its functions

(2) The expenses of the Commission including the remunerationof members md employees shall be paid out of the funds of theCommission

~BDPKCDLO 16 All moneys s f the Commission not q u i r e d to be expended fork v a the purpose of meeting any of the obligations or discharging any of them finctions of the Commission may be invested in such securities as the

Commission may afier consultation with the Minister responsible forfinance consider appropriate and the Commission may sell all or any of suchsecurities

d 17---(I) The Commission shall keep proper accounts and other records inmlation to its business and shall prepare mually in msgect of each financialyear a statement of accounts in a form satisfactory to the Minister beinga form which eon foms with established accounting principles

(2) The accounts of the Commission shall be audited annually by anauditor or auditors appointed by the Commission and approved by theMinis-

(3) The members ofticers and employees ofthe Commission shall-

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ANTI-DOPING IN SPORT 3 1

(a) grant to the auditor appointed under sub-paragraph (2) accessto all books documents cash and securities of the Commissionand

(b) give to the auditor on request all such information as may be

within their knowledge in relation to the Commissions operations

(4) The auditors fees and any expenses of the audit shall be paid bythe Commission

(5) The Auditor-General shall be entitled at all reasonable times toexamine the accounts and other records in relation to the business of theCommission

l8-(l) The Commission shall within six months afterthe end of each A n n d

financial year or within such longer priod as the Minister may in spcialcircumstances allow cause to be made and transmit to the Minister a regort edi-

dealing generally with the activities of the Commission during the precedingyear including-

(a) a statement of its accounts audited in accordance with paragraph 17

(b) a statement of the outcomes and findings of its annual testing

programme including satis tical information on-(i) the provision of samples by athletes

(ii) the testing of samples so provided and

(iii) the extent of the participation of ~ a ti o na l sportingorganizations in testing programmes operated or suppofldby the Commission

(c) the results of Anti-Doping research undertaken by or supported bythe Commission

(4 summary of the education and public information programmesundertaken by or supported by the Commission and

(e) particulars of the extent to which the Commission has compllidwith and achieved the objectives of any sb-ategic plan and theoperational plan in force during the financial year to which theregort relates

(2) The Minister shall cause copies of the report together with the

a n n u l statement of accounts and the auditors report thereon to belaid on theTable of the House of Representatives and of the Senate

(3) The Commission shall before a date specified by the Minisampsubmit to the Minister for his approval estimates of revenue and expenditurefor the ensuing year

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32 ANTI-DOFING IN SPORT

Exemption 1 The income of the Commission shall be exempt fiom incomefminsome

tax

SECOND CHEDULE (Seaion 18)

Constirution of h e Jamaica Awi-Dop ing Disciplinary Panel

Cm d t u t h 141) The Disciplinary Panel shall consist of not more than nineOf Discipi- persons appointed as fol~ows-nsr)Pawl

(a) m chairman and two vice chairmen each of whom shall be legal

practitioners of not less than 18 years of experience

(b) three persons each of whom has been duly qualified medical

practitioners for not less than five years

(el three additioilal members each of whom shall be or has previously

been a spaas administrator or an athlete

(2) The chairman or in his absence the vice chairman shall

appoint three members frsm the panel to hear and determine each case

(3) Every hearing shall comprise of the chairman or a vice chairman

as chairman of the hearing panel one medical pmctitioner member and one- sp rt s dminismtosor athlete member

Tenurecf 2 The members shall be a~pointedby the Minister by instrument inofiw w-riting md shall subject to the provisions of this Schedule hold ofice for a

period of three years

lp 3 Every member shall be eligible for re-a~pointment

qipkmlm

~c t i ng 4 If my member is absent or unable to act the Minister may appoint anyWiatmesrtscerson to act in the glace of that member so however that such appointment

shdl be made in the same manner and frsm among the same category of

persons as would be required in h e case of a substantive appointment

Ip-b 5 The Minister may at any time revoke the appointment of any member

of the Disciplil~~~jymel if such member-8mm

(a) becomes ~f unsound mind or becomes pemanently unable to

p f o m his frsnctions by reason of i l l health

(b) is wnvicted and sentencedto a term of imprisonment

(6 ) hils withotit peasonable excuse to carny out any of the functions

m L d r ionposed on him under this Act or

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ANTI-DOPING IN SPORT 33

( 8 ) engages in such activities as are reasonably considered prejudicialto the interest of the Commission

16 There shall be paid to the members of the Disciplinary Panel such Remuneration

remuneration (whether by way of honorarium salary fees or allowances) as ofmembersthe Minister may determine

7 - (1 ) Any member other than the chairman may at any time resign Resignation

his office by instrument in writing addressed to the Minister and transmittedthrough the chairman and from the date of receipt by the Minister of suchinstrument that person shall cease to be a member

(2) The chairman may at any time resign his office by instrument

in writing addressed to the Minister and such resignation shall take effect asfrom the date of receipt by the Minister of that instrument

8 If any vacancy occurs in the membership of the Disciplinary Panel Fillingof

such vacancy shall be filled by the appointment of another member so vacancies

however that such appointment shall be made in the same manner and fromthe same category of persons as would be required in the case of the originalappointment

9 - ( l ) No proceedings shall be brought or instituted before any court or htection

tribunal personally against any member of the Disciplinary Panel in respect ofmembers

of any act done bo na jide in pursuance or execution or intended execution ofthis Act

(2) Where any member is exempt from liability by reason only ofthe provisions of this paragraph the Disciplinary Panel shall be liable to theextent that it would be if that member were an employee or agent of theDisciplinary Panel

10 The names of all members of the Disciplinary Panel sas first Gazettingof

constituted and every change therein shall be published in the Gazette membership

THIfttl SCHEDULE (Section 22)

Constitutionof the Jamaica Anti-Doping Appeals Tribunal

1 The Appeals Tribunal shall consist of sir person- ConstitutionofAppeals

(a) a chairman and vice-chairman k i n g both persons who have Panel

served as either a Judge of the Court of Appeal or of the SupremeCourt

lTbe Indunion or (bb page b rmthoritcd by LN IUnO l l l

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ANTILDOPING IiV SPORT

(b) persons who have served in-

Actingwepombmnts

Revocationof

appointment

Remunetation

Resignation

Filling ofvacancies

(i) the post of a Director of Public Prosecutions or a senior

member of staff of the Office of the Director of PublicProsecutions

(ii) sports administration for at least ten years

(iii) sports medicine for at least ten years

2 The members of the Appeals Tribunal shall be appointed by theMinister by instrument in writing and shall subject to the provisions of thisSchedule hold office for a period of three years

3 Every member shall be eligible for re-appointment

4 If any member of the Appeals Tniunal is absent or unable to performhis duties the Minister may appoint any person to act in the place of thatmember so however that such appointment shall be made in the samemanner and h m mong the same category of persons as would be requiredin the case of a substantive appointment

5 The Minister may at any time revoke the appointment of any memberof theCommission if such member-

(a) becomes of unsound mind or becomes pe-rmanently unable toperform his functions by w o n of i l l health

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

(c) fails without reasonable excuse to cany out any of the functionsconferred or imposed on him under this Act or

(4 ngages in such activities as are reasonably considered prejudicialto the interest of the Commission

6 There shall be paid to the members of the Appeals Tribunal suchremuneration (whether by way of honorarium salary fees or allowances) asthe Minister may determine

7-41) Any member other than the chairman may at any time resign hisoffice by instrument in writing addressed to the Minister and transmittedthrough the chairman and from the date of receipt by the Minister of suchinstrument that person shall cease to be a member

(2) The chairman may at any time resign his oflice by instrument inwriting addressed to the Minister and such resignation shall take effect asfrom the date of receipt by the Minister of that instrument

8 If any vacancy occurs in the membership of the Appeals Tribunal suchvacancy shall be filled by the appointment of another member so however

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ANTI-DOPING IN SPORT

that such appointment shall be made in the same manner and h m he samecategory of persons as would be required in the case of the original

appointment9+1) No proceedings shall be brought or instituted before any court Rotection

or tribunal personally against any member of the Appeals Tribunal in respect of members

of any act done bonafide in pursuance or execution or intended execution ofthis Act

(2) Where any member is exempt from liability by reason only of theprovisions of this paragraph the Appeals Tribunal shall be liable to theextent that it would be if that member were an employee or agent of the

Appeals Tribunal10 The names of all members of the Appeals Tribunal as first constituted Gazatingof

and every change therein shall be published in the Gmette Membenhip

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ANTI-DOPING IN SPORT 3

THE ANTI-DOPING IN SPORT ACTAct

10 a r m

[July 3120081

PA RT Preliminary

1 This Act may be cited as the Anti-Doping in Sport Act short title

2 In this Act unless the context otherwise requires- Interprets-tion

anti-doping means related to the prevention or control ofdoping

anti-doping organization means a signatory to the Codethat is responsible for adopting rules for initiatingimplementing or enforcing any part of the dopingcontrol process and includes-

(a) the International Olympic Committee

(b) the International Paralympic Committee(c) the World Anti-Doping Agency (WADA)

(4 an international sporting federation

(e) a major event organization that conductstesting at its events

V) the Commission

(g ) any other National Anti-Doping Organi-zation

Anti-Doping Rules means any rules made under section

9

Anti-Doping Rules violation shall be construed inaccordance with section 10

Appeals Tribunal means the Jamaica Anti-DopingAppeals Tribunal established under section 22

athlete means-

(a ) any person who participates in a sport-

me W d n f thb page b rsthorbcd by LN lfMOll(1

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ANTI-DOPIhG Ih SPORT

(i) as an international-level athlete

(ii) as a national-level athlete (as

determined by the Commission)including but not limited to any person inthe Registered Testing Pool who isotherwise subject to the jurisdiction ofthis Act

(b) for the purposes of section 10 (2) (h) andanti-doping information and education

- any person r e f m d to in paragraph (a)and any other competitor in sport

athlek support personnel means any-

(a) parent or guardian of an athlete who is aminor

(b) m e d i d practitioner or paramedical

personnel(c) coach trainer manager oficial agent or

team sw

working with or treating or assisting an athleteparticipating in or preparing for sports competition

Code means the World Anti-Doping Code adopted bythe World Anti-Doping Agency on March 52003 atCopenhagen Denmark and includes any amendmentsto the Code adopted by the World Anti-DopingAgency from time to time

Commission or JADCO means the Jamaica Anti-Doping Commission established under section 5

competition or sporting competition means a sportingactivity consisting of a single race match game orathletic contest

1 iiuchha o t cbls page a ratborhcd by LX 123120111

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ANTI-DOPING IN SPORT 5

consequences of Anti-Doping Rules violation mmeans oneOH more of the following consequences m d t i n g fioman athletes or other persons violation of an And-

Doping R u le -

(a) disqualificatiorr-this means that the ath-letes s e d t s in a particular competition orevent we invdidakd with d l resultingconsequences including forfeiture of m ym d s points and prizes

(b) ineligibility-this means that the athlete OH

other person is b d or a specified periodof time frsm participating in m y competitionOHother activity or hnding

(c) provisional suspemion-this means that theathlete or other person is b m d temporarilyfiom participating in any competition prior to

the final decision of the Appeals T r i b u d

Court of Arbitration9 means the Court of Arbitration forSport located in L au sm e Switzerland established bythe International Olympic Committee and the statutesof which came into force on June 30 1984

Disciplinary Panel means the dsamdca Anti-DopingDisciplinary Panel established mder section 18

bbdopingmeans any violation of the Anti-Doping Rules

doping control means all the steps and processes frsmtest distribution plming through to ultimate dis-position of any appeal including all steps andprocesses in between such as provision of where-abouts information sample collection and handling

results management and hearings

doping control teams means doping control teams

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operating under the authority of international orm t i o d ad-do ping organizations

event means a series of individual competitionsconducted together under one international sportingfederation or national sporting organization or d i n g

body

functions includes powers and duties

in-competition means the period commencing twelve

hours before a competition in which the athlete isscheduled to participate through the end of suchconmpetition and the sample collection process relatedto such competition

international event or international competitionmeans as the case may be an event or competitionwhere the Intemational Olympic Committee the

International P d y m p i c Committee an internationalsporting federation a major event organization oranother international sporting organization is thed i n g body for the event or competition or appointsthe technical officials for the event or competition

international-level athlete means an athlete designatedby one or more intemational sporting federations as

being within the Registered Testing Pool for aninternational sporting federation

International Olympic Committee means the organiza-tion created by the Congress of Paris on June 231894and entrusted with the control and development of themodern Olympic Games

Internatiod Pmlympic Committee means the organi-

zation established on September 22 1989 to enablep d y m p i c athletes to achieve sporting excellence andto inspire and excite the world and entrusted with thecontrol and development of the Paralympics Games

l f b c inclrasiooof his psp is 8o(borud by LK IUnOlll

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international sporting federation in relation to aparticular type of sport or event means the sportingbody having international control over that sport orevent

International Standard means a standard adopted by theWorld Anti-Doping Agency in support of the Codecompliance with which is s a c i e n t to conclude thatthe procedures addressed by that standard are

performed properly

JADCO TUEC means the Therapeutic Use ExemptionCommittee appointed under section 13

major event organizations means the continental asso-ciations of National Olympic Committees and otherinternational multi-sport organizations that function

_ a s he ruling body for any continental regional orother international event

marker means a compound group of compounds orbiological parmeters that indicates the use of a

prohibited substance or prohibited method

metabolite means any substance produced by abiotrmsformation process

minor meansa

person under the age of eighteen yearsWational Anti-Doping Organization means-

(a) an entity designated by a state as possessing theprimary authority and responsibility to adopt andimplement rules in that state which are equivalentto the Anti-Doping Rules d k t he collection ofsamples and the management of ttst results and

(6) where such designation has not been made by thecompetent public authority of a state that statesnational Olympic Committee or iamp designatee

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ANTI-DOPING IN SPORT

national event means a sporting event involvinginternational-level or national-level athletes that is not

an international eventnational-level athlete means an athlete other than an

international-level athlete who is designated bythe Commission or the ~aiio la al Anti-DopingOrganization to which he is subject as being withinthe Commissions or organizations Registered Test-ing Pool

national sporting organization in relation to a particularsport means-

(a) in respect of any country a sporting organi-zation that is recognized by the relevantinternational sporting federation as being theorganization responsible for administering theaflFsPigs of that sport or of a substantial part orsection of that sport in that country or

(6 ) in respect of a country other than Jamaica ifthere is no international sporting fderation inrelation to that sprt a sporting organizationthat is generally recognized as being res-ponsible for administering the affairs of thatspa or of a substantial part or section of thespa$ in that country or

(c) in respect of Jamaica whether or not there isan i n t e m t i o d sporting federation in relationto that sport a sporting organization that isreccpgnid by the Government of Jamaica oris generally recognized as being responsiblefor administering the aEairs of that sport or ofa substantial part or section of that sport in

Jamaicano-advance notice means doping control which takes

place with no advance waming to the athlete and

1 h dmbn d cbb page b a r h r b c d by LN lUltOll(

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ANgP-DOPING IN SPORT 9

where the athlete is continuously chaperoned from themoment of notification through to the p i n t where asample is provided

out-ofompetition means any doping control which isnot conducted in-competition

participant means any athlete or athlete supportpersonnel

Prohibited List means the Prohibited List published byWADA which identifies the prohibited slabstances aPmd

methods as amended hmn time totime

prohibited method m e w m y method so described onthe Prohibited List

prohibited substance means any substance so describedon the Prohibited List

Registered Testing Pool means the pool of athletesestablished separately by each intamtiom1 sportingfederation or National Anti-Doping Organization as

the case may Be who are subject to both in-competition and out-of-competition testing as part ofthat fderations or organizations test distributionplanning

sample or specimen means m y biological materidcollected for the pupo m s of doping m n m l

sporting organization inc8des an organization that-

(a) has control in a particular stateor put of a stateor internationally of one or more sports orsporting events

(b ) organizes or administers one or more sports orsporting events

(c) accredits persons to take part ir sportingcompetition

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(4 rovides teams to compete in sportingcompetition or

(e) trains or provides finance for a person to takepart in sporting competition

tampering means altering for any improper purpose or inan improper way bringing improper influence to bear

interfering improperly to alter results or preventnomid procedures fiom occurring

team sporthems a sport in which the substitution of

athletes is permitted during a competition

k s t i n g b e m the parts of the doping control processinvolving test distribution planning sample collectionsample -handling and sample transport to thelaboratory and kst shall be similarly construed

Therapeutic Use Exemptioq or WE eans anexemption granted in accordance with the Annex 11 ofthe UNESCO Anti-Doping Convention entitledStandards for Granting Therapeutic UseExemptions and the provisions of this Act and anyRules or Regulations made thereunder

trfficking in relation to a prohibited substance orprohibited method means selling giving adminis-tering transporting sending delivering or distribut-

ing as the case may be a prohibited substance orprohibited method to an athlete either directly orindirectly or through one or more third parties butdoes not include selling or distributing (by medicalpersonnel or by persons other than an athletessupport personnel) a prohibited substance for genuineand legal therapeutic purposes

UNESCO Anti-Doping Convention means the Inter-national Convention Against Doping in Sport adoptedby the UNESCO General Conference at Paris Franceon October 19 2005 and includes any amenheritsto the Convention that have entered into force for

- -- -lThc inclusion of h i s pap is auhorized by LS 12320ll(

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ANTI-DOPING IN SPORT

Jamaica

we in relation to a prohibited substance or prohibitedmethod m e w the application ingestion injection orconsumption by any means whatsoever of anyprohibited substance or prohibited method as the casemay be

World Anti-Doping Agency or WABA means thebody founded by the hternatiod OlympicCommittee and constituted as a foundation in

husanne Switzerland by an instrument of foundationsigned on November 10 1999 and named in thatinstrument a s the World Anpi-Doping Agency

3 The objects of this Act are to-

(a) promote a drug-free environment for sport andprovide athletes and athlete support personnel withprotection of their right to participate in h g - f k e

sport and thus promote h d t h fairness and quali tyfor d l participants in s p r t s and

(6) ensure harmonized coordinated and effective sportsanti-dgping programmes at the national levell andinternational level with regard to the detectiondeterrence and prevention of doping and

objectsofAct

(c ) respect the rights of individuals and national sportingorganizations by the application of f i r procedures forand meam to oversee doping control determinationof Anti-Doping Rules Violations and theirconsequences and other decisions made in the interestof drug-free sports

4 4 1 ) For the purposes of doping conml the following App1i68ti0

persons are governed by this Act-

(a) a person who has been selected to compete as arepresentative of Jamaica in an international sportingcompetition

Ime inclusion of (his pap is euchorizcd by LN t M O I I J

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(b ) a person who competes in a national sportingcompetition

(c) a person who has been assessed by a Jamaicannational sporting organization as having thepotential to represent Jamaica in an internationalsporting competition

(4 a person who competes as a member of a team ina sporting competition (whether held or to Be

held in or outside Jamaica) at a level whichinvolves participation of the following-

(i) teams that represent Jamaica or

(ii) teams that represent organizations inJamaica and contain members who havek n ssessed by a Jamaican nationalsporting organization as having the

potential to represent Jamaica inan

international sporting competition

(e) a person who competes in sprting competitionand-

(i) is receiving financial or other sport-related support from the Government ofJamaica or an agency of the Govern-

ment or

(li) is a party to an arrangement with theGovernment of Jamaica under which theperson will receive financial or othersport-related support fiom the Govern-ment or an agency of the Government

(i) who has been assessed by a nationalsporting organization or an internationalsporting federation as having reachedsuch a standard of performance in the

(Tbc h d m b m o f (bb page b rmhorhcd by LN lLULOlll

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ANTI-DOPING IN SPORT

field of sporting activity in which hecompetes as to be capable of represemt-

ing in international sporting competitionthe country of which he is a citizen or inwhich he is oqiinarily resident and

(ii) in respect of whom the Commission has

been requested by a National Anti-Doping Organization of a country otherthan Jamaica to obtain a sample for

testing or(g ) a person whose name is entered on the

Commissions Registered Testing Pool ofinternational-level and national-level athletes andwho--

(i) has been notified of his inclusion in theCommissions Registered Testing Pool

and(ii) as a direct result of having his name so

entered is required to file quarterlywhereabouts information with the Com-mission on forms provided by the om-mission which s p i f l on a daily basisthe locations and times where theathlete will be residing training or

competing

(2) Subject to subsection (3 person who at anyparticular time-

(a) is in training or has at any time within the precedingtwelve months trained to compete in a sportingcompetition or

(8) has at any time within the preceding twelve monthscompeted in a sporting competition

is deemed for the purposes of subseetion (1) to be a person whocompetes in a sporting competition

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(3) For the purposes of this Act a person is deemed notto have been an athlete at a particular time if the person had-

(a) given prior written notification to the relevant nationalsporting organization that he had retired from takingpart iam sporting competition

(b ) not since the written notification was given takenpart in a sporting competition and

( c ) been informed by the Commission that he no longersatisfies the criteria for inclusion in the RegisteredTesting Pool

(4) A person who has given written notice of retirementfrom taking part in sporting competition to the relevant nationalsporting organization and who is not serving a period ofineligibility may not resume competing d e s s he has given theCommission at least twelve months prior written notice that heexpects to return to competition and is available for no-advancenotice out-of-competition testing during the period

PART 1 Jamaica Anti-Doping CommissionEstablishment and Functions

-lisBlmmt --(I) There is hereby established for the purposes of thisofJmb

~ n t i - w m g Actp a M y o be called the Jamaica Anti-Doping Commissionammissio which shall be a body corporate to which section 28 of the

Interpretation Act appliesFirst ( 2 )The provisions of the First Schedule shall have effectSckduie

as to the constitution and procedure of the Commission andotherwise in relation thereto

Fm-of 6-41) The Commission shall perform such functions as areChmission

necessary to facilitate the control and prevention of doping insports including-

( a ) implementing the policies and programm es of theGovernment against doping in sport

(b ) doing dl things necessary to comply with andimplement any Article of the Code

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ANTI-DOPING nsJ SPORT

(c) planning implementing and monitoring informationand education progammes aimed at educating

athletes athlete support personnel parents the mediaand the general public in Jamaica about doping insport matters such as-

(i) the health consequences of doping

(ii) the harm of doping to the ethical values ofsport

(iii) prohibited substances and prohibited methods

(iv) therapeutic use exemptions

(v) nutritional supplements

(vi) doping control procedures and resultsmanagement

(vii) the athletes rights and responsibilities inregard to doping in sport and the con-sequences of committing an Anti-DopingRules violation

(4 establishing a register for the Registered Testing Poolof national-level and international-level Jamaicaathletes who are citizens or residents of and noting

such athletes and relevant national sporting oiganiz-ations of entries made in the register

(e) directing the anti-doping programme of the Govew-ment specific to sports including conducting testing ofathletes planning coordinating and implementing thecollection of samples the management of test resultsand conducting hearings in keeping with the man-

datory international standards set out in the Code

ugt testing any athlete whether or not he is a citizen orresident of Jamaica-

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MI-DOPIMG IM SPORT

(g) notifjhg test results to athletes a d as the case maybe g o v m e m t s of countries other than Jamaica anti-

doping organizations of other countries or othersignatodes to the Code in accordance with bilateral ormdpilrateaca9 agreements entered into by Jamaica withsuch governments organizations or signatories

(h) entering into reciprocd testing agreements withN a t i o d Anti-Doping Organizations outside Jamaicain relation to any athlete

(0 encouraging and facilitating the negotiation by anys-porting organization and Anti-Doping Organization of

my agreement permitting their members to be testedby authorized doping control teams h r n othercom~a

63 mpmtiarg with the testing and education initiativesof WW A and other antidoping organizations

(k) supporting encouraging conducting and promotingresearch stbout doping in sport matters that contributesto the development and implementation of eficientantidoping programmes

(I) consulting with advising and assisting-

(i) G o v e m e n t departments and agencies local

authorities the Jamaica Olympic Associa-tion national sporting organizations andother bodies or persons on any mattersconcerned with doping in sport issues andrelated matters

(ii) foreign government and non-governmentalorganizations and other persons outside ofJamaica for the purpose of promoting theadoption of uniform international testingprocedures for doping in sport

(m) publishing and making available the Prohibited Listand any revision thereof to athletes and as such all

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athletes shall be deemed to accept the Prohibited Listand any amendments thereto as binding upon

them

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

(0 ) performing any other h c t i o n s relating to doping insport that are conferred on the Commission by this orany other enactment and

07) generally taking all steps necessary or desirable to

achieve the purposes of this Act(2) In the performance of its functions the Com-

mission-

(a) shall establish for its use and for the use of itscommittees procedures that are appropriate and fair inthe circumstances

(b) shall develop appropriate procedures t+

(i) reflect the needs of athletes who are underthe age of eighteen years and

(ii) reflect the culture and any disabilities orother special concerns of athletes and

(iii) protect each athletes right to privacy

(c ) may impose fees or charges for the provision of

information advice or other services requested of theCommission (other than for information requested byan athlete relating to the athlete)

(3) The powers of the Commission may be exercised ina state other than Jamaica in relation to athletes who are citizensof Jamaica subject to the approval of the relevant foreign stateor relevant national sporting organization of such state

7 4 1 ) The Minister may after consultation with the Chair- Ministarnaygive direc-

man of the Commission give to the Commission directions in tions to

writing of a general character as to the policy to be followed by COmrnissi

the Commission in the performance of its functions as appear to

JThe inclusion of this page ip authorized by LK 123ROlll

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ANTI-DOPING IN SPORT

the Minister to be necessary in the public interest and theCommission shall give effect thereto

(2) Directions given under subsection (1) shall not relateto-

(a) a particular athlete or particular athlete supportpersonnel or

(b) doping control

(3) The Commission shall comely with any directionsgiven under subsection (1)

powerco $--(I) The Commission may with the written approval ofM-the Minister delegate any of its functions under this Act (otherthan the power of delegation) to any member officer or agent ofthe Commission

(2) A delegation under subsection (1) i s ~ v o c a b l ey the

Commission in d the delegation of a function shall not precludethe performance of the delegated function by the Commission

P m 11 Anti-Doping Rules

9 The Commission may with the approval of the Ministermaymake~ l e s make d e s (in this Act referred to as the Anti-Doping Rules)

generally for controlling the occurrence of doping in sports and

for carrying out the objects of this Act and without limitingthe generality of the foregoing such d e s may provide for-

(a) initiating implementing or enforcing any part of thedoping control process

(b) analysis of samples

(c) athlete whereabouts information

(4 consequences of Anti-Doping Rules violation

(e) assessment of costs for disciplinary hearings

results management

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ANTI-DOPING IN SPORT 19

10--(I) Except in any case where an athlete holds a ~nti- oping

Therapeutic Use Exemption Certificate and is in compliance

with the terms of such Therapeutic Use Exemption Certificatethe athlete shall be liable for the presence of any prohibitedsubstance or its metabolites or markers found in his body

(2) Subject to the exception mentioned in subsection(I) a reference in this Act to an Anti-Doping Rules violationshall mean any one of the following-

(a) the presence of a prohibited substance or its meta-bolites or markers in an athletes specimen

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

(c ) refusing or failing without compelling justification tosubmit sample collection after notification asauthorized in applicable Anti-Doping rules or

otherwise evading sample collection(4 violation of applicable requirements regarding athlete

availability for out-of-competition testing includingfailure to provide required whereabouts informationand missed tests which are declared based onreasonable rules which comply with the InternationalStandard for testing

(e) tampering or attempting to tamper with any part ofdoping control

V) possession of prohibited substances or prohibitedmethods

(g) trafficking in any prohibited substance or prohibitedmethod

(h) administration or attempted administration of aprohibited substance or prohibited method to anyathlete or assisting encouraging aiding abettingcovering up or any type of complicity involving anAnti-Doping Rules violation or any attemptedviolation

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Therapeutic Use Exemption

Therapeutic

use81-41) An athlete with a medical condition requiring the

Exemption use of a Prohibited Substance or Prohibited Method shall firstCmihk obtain a Therapeutic Use Exemption Certificate in accordance

with the provisions of this Act the Anti-Doping Rules and theInternational Standard for Therapeutic Use Exemption fromJADCO TUEC or as the case may require the internationalsporting federation under whose control the athletecompetes

(2) Notwithstanding the provisions of subsection (I) aninternational-level athlete or athlete who participates ininternational events shall apply to the international sportingfederation concerned for the Therapeutic Use ExemptionCertificate except in emergency situations no later than twenty-one days before the athletes participation in an internationalsporting event or otherwise provided for in the Anti-Doping

rules of that international sporting federation and provide toJADCO TUEC a copy of such aun application prior to theinternational event

(3) The application for a Therapeutic Use ExemptionCertificate ampom an athlete shall--

(a) be made immediately after the athlete becomes awarethat the use of a Prohibited Substance or Prohibited

Method is required and

(b) subject to any circumstance of emergency be obtainedprior to the athletes participation in any competitionor event

(4) Where an athlete who is subject to testing and hasbeen granted a Therapeutic Use Exemption Certificate by aninternational sporting federation the athlete shall immediately

report the granting of the Therapeutic Use Exemption Certificateto WADA JADCO TUEC and to the relevant national sportingorganization and shall provide to JADCO TUEC all the relevantif in n a ti o n and documentation

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ANTI-DOPING IN SPORT

(5)Every national level athlete and athleteparticipating in national events shall obtain a Therapeutic Use

Exemption Certificate fiom the SAIDCO TUEC unless such anathlete has previously received a Therapeutic Use ExemptionCertificate fiom can international sporting federation md suchTherapeutic Use Exemption Certificate is still vdid and thegrant of which has been previously reported to the JADCOTUEC and the Commission

1241) An application for a Therapeutic Use Exemption Application

Certificate to the JAIDCO TUEC shall be made in accordance Ezmwwith the International Standard for Therapeutic Use Exemption withinternational

(2) The athlete on whose behalf the application has

been made shdl provide written consent for the transmissionof-

(a) d l information pertaining to the application to theSADCO WEC and as required other independent

medical or scientific experts and to all necessary staffinvolved in the management or review of TherapeuticUse Exemptions

(b) the decision of SAC0 TUEC to be distributed toWAIDA and to other relevant Anti-Doping Orghzza-tions under the provisions of the Code

1341) The Coxnmission shall appoint a Committee to bew i n - 8

of aheknown as he J m d c a Anti-Doping Therapeutic Use Exemption -Committee (in this Act known as JADCO PPJIEC)consisting aherapeuaic

of six duly qualified medical practitioners Use

Exemlptiowcommittee

(2) The appointment of every member of the JADCOTUEC shall be evidenced by an instrument in writing whichshall state the period of o fi ce of the member not e x d i n gthree y e m as the Commission may specify in the instrument

and each member shall be eligible for re-appointment

(3) The Commission shall appoint one of the membersof the JADCO TUEC to be the Chairperson thereof

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ANTI-DOPING IN SPORT

Fampons

of JADCOTUEC

NotificationofTherapeuticUseExemption

WADA mayreview andrevmeTUECertificate

(4) The JADCO TUEC sh dl act independently of theCommission and shall not have any other official responsibility

within the Commission(5) Where any member of the JADCO FUEC is

connected with an athlete (having regkd to their familialbusiness or other relationship) or has an interest in any nationalsporting organization or international sporting federation such amember is excluded fiom considering any application forTherapeutic Use Exemption fiom that athlete or as the case maybe any athlete who is a member or participant in a sporiing eventorganized or sanctioned by the international sporting federationor national sporting organization in which he has an interest

14 The hcc tions of the JADCO TUEC shall be to-

(a) receive and exmine applications from national-levelathletes for Therapeutic Use Exemption Certificates

(6) g m t Therapeutic Use Exemption Certificates

(c) revoke Therapeutic Use Exemption Certificates

(4 perform any other fipnctions that are conferred orimposed on it by this Act

15--(I) The JADCO TUEC shall promptly notify theCommission of its decision to grant a Therapeutic UseExemption Certificate

(2) The Commission upon being notified by JADCOTUEC of the grant of a Therapeutic Use Exemption Certificateshall notify WADA thereof

16 Where the JADCO TUEC has made a decision to grantor deny the grant of a Therapeutic Use Exemption Certificate toan athlete WADA at the request of the athlete or on its own initiative may review the p t r denial of the Therapeutic UseExemption Certificate and where WADA determines that the

granting or denial of such Therapeutic Use ExemptionCertificate did not comply with the International Standard forTherapeutic Use Exemption in force at the time then WADAmay reverse the decision to grant or deny the Therapeutic Use

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ANTI-DOPING IN SPORT

Exemption Certificate

17 Tlhe C O ~ I ~ S S ~ O ~hall tecognk the results of laboratory Recognition

d y s i s by other anti-doping organizations once conducted in 0 2 f t ~ faccordance with the WADA International Standard for Dopin

Testing o l g a n d ~ n ~

PART W isciplinary Panel Appeals

18 There is established for the purposes of this Act a M y listm mat

to be d l e d the Jamaica Anti-Doping Disciplinary Panel and theprovisions of the Second Schedule shall have effect as to the hti- oping

constitution and pmcedw of the Disciplinary Panel and Fzhqotherwise in relation thereto second

Schedule

19 Where it appears that there has been an Anti-Doping CommissionI 0der

Rules violation the Commission shall refa the matter to theDisciplinary Panel hearing

20--41) The functions of the Disciplinary Panel shall be Functi0mof

to- the Anti-Doping~ i amp i amp n q

( a ) receive examine and hear evidence relating to an -I

Anti-Doping R des violation

(8) conduct disciplinary hearings related to Anti-DopingRules violations referred to it by the Commission

( c ) determine whether a violation of the Anti-DopingRules has occurred

(4mpose consequences of Anti-Doping Rules yiola-tions

( e ) perfom any other functions that are conferred orimposed on the Disciplinary Panel by this Act

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EstablishmentofJamaicaAnti-DopingAppealsTribunalThirdSchedule

(2) The Disciplinary Panel shdl consequent onreceiving a written reference h m he Commission asserting an

Anti-Doping rules violation-

(a) within fourteen days of the date of receipt of thereference commence a hearing

(b) within twenty days of the date of receipt of thereference issue a written decision

(c ) within thirty days of the date of receipt of the

reference issue written reasons for the decision givenin paragraph (b)

2 1 4 1 ) Subject to section 23 where-

(a) any athlete or other person who is the subject of thedecision being ap p d e d

(b) the C om iss io n

(c ) the relevant international sporting federation

(8 ) relevant nationd sporting organization

(e) the Jamaica Olympic Association

WADA

is aggrieved by a decision of the Disciplinary Panel that personor body may witkin fourteen days of the decision of theDisciplinary Panel and in the prescribed m m e r lodge magpeal with the Appeds Tribunal established under section 22against any decision of the Disciplinary Panel

(2) Every decision of the Disciplinary Pm el in respectof a Anti-Doping Rules violation shdl remain in effect duringthe appeal process unless the Appeal Tribunal otherwiseorders

2 2 4 1 ) For the purposes of an appeal under section 21there is hereby established an Appeds Tribunal to be calledthe Jamaica Anti-Doping Appeals Tribunal constituted inaccordance with the Third Schedule

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ANTI-DOPIAG IN SPORT

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

(a) PO hear and determine issues arising fiom a decision ofthe Disciplinary Panel-

(i) that an Anti-Doping Rules violation wascommitted

(ii) imposing consequences of an Anti- DopingRules violation

(iii) ohat ara Anti-Doping Rules violation was not

committed(iv) that an anti-doping orgmimtion lacks

jurisdiction to rule on an Anti-Doping Rulesviolation or consequences of rn Anti-DopingRules violation

(v) to impose a provisional suspension as a result

of a paovisiond hearing

(b ) to determine the consequences of an Anti-DopingR d es violation to to mposed

(c) to perform any other hctions hat me c o n f e d orimposed on the Appeals T r i b d by virtue of this Act

(3) The Appeds T r i b d shdl consequent on thelodging of an appeal under subsection (1)-

(a) within twenty-one days of lodging receive h a mdex m in e the evidence relating to the ap

(b) within thirty days of the date of lodging issue ao

written decision

(c) within sixty days of the date of l dgin g issue writtenreasons for the decision

(4) kra appeal shdl not in its entirety exceed three

months except in extenuating c k w n a m c e s

23 M e r e an appeal is in respect of an i n t e m ~ o dvent ~ S O F

iclkrdonellor a m e nvolving an nternational-level athlete the decision of amp

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ANTI-DOPING IN SPORT

the Disciplinary Panel may k appealed directly to the Court ofArbitration

Apr of 24-41) Any decision by WADA reversing the grant of aTherapeutic Use Exemption Certificate or as the case be the

d refusal to grant may be appealed directly by the athlete or theUw

~xwptimCommission to the Court of Arbitration

M B e (2) Where an international-level athlete has made an

application for a Therapeutic Use Exemption Certificate andthe international sporting federation has reksed to grarnt

such Therapeutic Use Exemption Certificate the athlete mayappeal exclusively to the Court of Arbitration in respect ofthe refusal to grant the Therapeutic Use ExemptionCertificate

(3) Where the JADCO TUEC has refused to grant aTherapeutic Use Exemption Certificate to a national-levelathlete the athlete may make an appeal to the Appeals Tribunal

(4) Where the Appeals Tribunal reverses the decision ofthe JADCO TklEC to grant a Therapeutic Use ExemptionCertificate WADA may appeal to the Court of Arbitration

Miscellaneous

canmtaity 25-41) Every-

(a ) member of the Commission(b) officer m d employee of the Com is si on

(c) expert retained by the Commission to m i s t in itsinvestigations and delikrations

(4 ember of the Appeals Tribunal

(e ) member of the JADCO TUEC

V) member of the Disciplinary Panel

shall keep secret and confidential all information coming to hisknowledge in the course of the administration of this Act exceptin so far as the Commission authorizes that pason to releasethat information

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ANTI-DOPING IN SPORT

(2) Any person who contravenes subsection (1) shd lbe guilty of an offence and s M l be liable on smw

conviction in a Resident Magistrates Court to a fine notexceeding one million dollars

26-41) The Minister may make regulations generally for awlations

giving effect to the provisions of this Act and without prejudiceto the generality of the foregoing the regulations may pmvidefor-

(a) the determination and collection of fees m d charges in

connection with the exercise of the Ruactions of theCommission

(b) the keeping of such records as the Minister may

require for the pwposes of this Act

(c) the forms to be used for the ppsrposes of this Act and

(4 mything required by this Act to be prescribed

(2) Regulations made under subsection (1) may pmvidefor the imposition of a penalty on summary conviction in a

Resident Magistrates Cowt of a fine not ex ce din g one milliondollars or a term of imprisonment not e x d i n g six months orboth such fine and imprisonment

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ART-DOBlNG lN SPORT

Constitution and Procedure of the Jamaica Anti-Doping Commission

1 The Commission shall consist of the following mem krs-

(a) not less than nine md not more than thirteen persons who theMinister is satisfied am of high integrity and able to exercise soundjudgment in faz8filling their responsibilities under this Act

(heminafter r e f e d to asappointed memkmsn)

(b) the Executive Director of the Commission and the PemmentSempary or his nominee (heminailer r e f e d to as ex-officiomembers)

2 The appointed members of the Commission shall be appointed by theMinister by instrument in writing and shall subject to the provisions of thisSchedule hold office for a pmisd of three years

3 Every appointed member shall be eligible for re-appointment

4 4 1 ) The Minister shdl appoint a chairman and a deputy chairman fromamong the appointed members

(2) ln the case of absence or inability to act of the chaiman thedeputy chairman shall perform the functions of the chaiman

(3) In the case of absence or inability to act of both the chairman and

deputy chairman the Minister may appoint any other member to perform thefunctions of the chairman or as he case may be the deputy chairman duringsuch absence or incapacity

5 If any member is absent or unable to pedorm his duties due to absenceor illness the Minister may appoint any person to act in the place of that

member so however that such appointment shall be made in the m emanner and fiom among the same category of p o n s as would be requiredin the case of a substantive appointment

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

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

(6) is convicted and sentenced to a tenn of imprisonment

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

(4 ngages in such activities as are reasonably consided prejudicialto the interest of the Commission

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M I- D O P IN G IN SPORT 29

7 Thew shall be paid to the members of the Commission such ~mlanaretfol~

remuneration (whether by way of honowriurn salary fees or allowances) as of^^

the Minister with responsibility for the public service may determine

8 Fiye members of the Commission shall form a quorum at any m m

meeting

9 - 4 1 ) An appointed member other than the chahan may at any time Resignation

resign his office by instrument in writing addressed to the Minister and

transmitted through the chairman and fiom the date of receipt by the Minister

of such instrument that person shall cease to be a member

(2) The chairman may at any time resign his office by instrument

in writing addressed to the Minister and such resignation shallrtake eflst

as from the date of receipt by the Minister of that insitmment

10 If any vacancy occurs in the membership of the Commission Fillingof

such vacancy shall be filled by the appointment of another member vrmcmcics

B 1 4 1) No p w i n g s shall be brought or instituted before any co w or meah

tribunal personally against any member of the Commission in respect of my of ~~~act done bonaflde in pursuance or execution or intended execution of this

A n

(2) Where any member is exempt from liability by reason only ofthe provisions of this paragraph the Commission shall be liable to the extent

that it would be if that member were an employee or agent of the

Commission

I f The names of all members of the Commissionas first constimed and Gazetting of

every change therein shall be published in the Gazette ~ h h i p

Administrbrion and Fdnance

1341) The Commission shall appoint and employ at such remuneration ampin-8

and on such terms and conditions as it thinks fit an Executive Director a zySecretary and such other officers employees and agents as it considers mflom

necessary for q e proper carrying out of its functions

(2) Notwithstanding sub-paragraph (1)-

(a) a salary in excess of the prescribed rate shall not be assigned to

any post without the prior approval of the Minister and

(b) an appointment shall not be made to any post to which a salary in

excess of the prescribed rate is assigned without the prior approval

of the Minister

(3) In this section prescribed me means such rate as thk

Minister with responsibility for the public service may by order prescribe

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38 M-DOPING N SPORT

W i 14 The Commission may with the written appmval of the Minister-gmwitksmd

~iharuirimg (a) enter into ammgements respecting schemes whether by way of

bencri insurance policies of otherwise or(6) make regulations

for medical h e f i 4 pensions gratuities and other retiring benefits ordisability or death benefits relating to employees of the Commission andsuch arrangements or regulations may include provisions for the g m t ofbenefits to the dependants and the legal personal representatives of suchemployees

Fundo lad 1 5 4 1) The dunds and resources of the Commission shall consist of-fsaufca ofC g m n i h (a) such funds as may be provided by Parliament for the Commission

in the annual Estimates of Revenue and Expenditum

(b) revenues ampom fees and charges impsed by the Commission form y -ices p d d d by it or the use of any facility

(c) s ~ c h m s as may beallocated b m time to time to theCommission b m esearch or education gmts or fiwm loan fundsand

(d)all o t h a m s r property which may in any manner becomepayable to or vested in the Commission in respect of any matterincidental to its functions

(2) The expenses of the Commission including the remunerationof members md employees shall be paid out of the funds of theCommission

~BDPKCDLO 16 All moneys s f the Commission not q u i r e d to be expended fork v a the purpose of meeting any of the obligations or discharging any of them finctions of the Commission may be invested in such securities as the

Commission may afier consultation with the Minister responsible forfinance consider appropriate and the Commission may sell all or any of suchsecurities

d 17---(I) The Commission shall keep proper accounts and other records inmlation to its business and shall prepare mually in msgect of each financialyear a statement of accounts in a form satisfactory to the Minister beinga form which eon foms with established accounting principles

(2) The accounts of the Commission shall be audited annually by anauditor or auditors appointed by the Commission and approved by theMinis-

(3) The members ofticers and employees ofthe Commission shall-

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ANTI-DOPING IN SPORT 3 1

(a) grant to the auditor appointed under sub-paragraph (2) accessto all books documents cash and securities of the Commissionand

(b) give to the auditor on request all such information as may be

within their knowledge in relation to the Commissions operations

(4) The auditors fees and any expenses of the audit shall be paid bythe Commission

(5) The Auditor-General shall be entitled at all reasonable times toexamine the accounts and other records in relation to the business of theCommission

l8-(l) The Commission shall within six months afterthe end of each A n n d

financial year or within such longer priod as the Minister may in spcialcircumstances allow cause to be made and transmit to the Minister a regort edi-

dealing generally with the activities of the Commission during the precedingyear including-

(a) a statement of its accounts audited in accordance with paragraph 17

(b) a statement of the outcomes and findings of its annual testing

programme including satis tical information on-(i) the provision of samples by athletes

(ii) the testing of samples so provided and

(iii) the extent of the participation of ~ a ti o na l sportingorganizations in testing programmes operated or suppofldby the Commission

(c) the results of Anti-Doping research undertaken by or supported bythe Commission

(4 summary of the education and public information programmesundertaken by or supported by the Commission and

(e) particulars of the extent to which the Commission has compllidwith and achieved the objectives of any sb-ategic plan and theoperational plan in force during the financial year to which theregort relates

(2) The Minister shall cause copies of the report together with the

a n n u l statement of accounts and the auditors report thereon to belaid on theTable of the House of Representatives and of the Senate

(3) The Commission shall before a date specified by the Minisampsubmit to the Minister for his approval estimates of revenue and expenditurefor the ensuing year

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32 ANTI-DOFING IN SPORT

Exemption 1 The income of the Commission shall be exempt fiom incomefminsome

tax

SECOND CHEDULE (Seaion 18)

Constirution of h e Jamaica Awi-Dop ing Disciplinary Panel

Cm d t u t h 141) The Disciplinary Panel shall consist of not more than nineOf Discipi- persons appointed as fol~ows-nsr)Pawl

(a) m chairman and two vice chairmen each of whom shall be legal

practitioners of not less than 18 years of experience

(b) three persons each of whom has been duly qualified medical

practitioners for not less than five years

(el three additioilal members each of whom shall be or has previously

been a spaas administrator or an athlete

(2) The chairman or in his absence the vice chairman shall

appoint three members frsm the panel to hear and determine each case

(3) Every hearing shall comprise of the chairman or a vice chairman

as chairman of the hearing panel one medical pmctitioner member and one- sp rt s dminismtosor athlete member

Tenurecf 2 The members shall be a~pointedby the Minister by instrument inofiw w-riting md shall subject to the provisions of this Schedule hold ofice for a

period of three years

lp 3 Every member shall be eligible for re-a~pointment

qipkmlm

~c t i ng 4 If my member is absent or unable to act the Minister may appoint anyWiatmesrtscerson to act in the glace of that member so however that such appointment

shdl be made in the same manner and frsm among the same category of

persons as would be required in h e case of a substantive appointment

Ip-b 5 The Minister may at any time revoke the appointment of any member

of the Disciplil~~~jymel if such member-8mm

(a) becomes ~f unsound mind or becomes pemanently unable to

p f o m his frsnctions by reason of i l l health

(b) is wnvicted and sentencedto a term of imprisonment

(6 ) hils withotit peasonable excuse to carny out any of the functions

m L d r ionposed on him under this Act or

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ANTI-DOPING IN SPORT 33

( 8 ) engages in such activities as are reasonably considered prejudicialto the interest of the Commission

16 There shall be paid to the members of the Disciplinary Panel such Remuneration

remuneration (whether by way of honorarium salary fees or allowances) as ofmembersthe Minister may determine

7 - (1 ) Any member other than the chairman may at any time resign Resignation

his office by instrument in writing addressed to the Minister and transmittedthrough the chairman and from the date of receipt by the Minister of suchinstrument that person shall cease to be a member

(2) The chairman may at any time resign his office by instrument

in writing addressed to the Minister and such resignation shall take effect asfrom the date of receipt by the Minister of that instrument

8 If any vacancy occurs in the membership of the Disciplinary Panel Fillingof

such vacancy shall be filled by the appointment of another member so vacancies

however that such appointment shall be made in the same manner and fromthe same category of persons as would be required in the case of the originalappointment

9 - ( l ) No proceedings shall be brought or instituted before any court or htection

tribunal personally against any member of the Disciplinary Panel in respect ofmembers

of any act done bo na jide in pursuance or execution or intended execution ofthis Act

(2) Where any member is exempt from liability by reason only ofthe provisions of this paragraph the Disciplinary Panel shall be liable to theextent that it would be if that member were an employee or agent of theDisciplinary Panel

10 The names of all members of the Disciplinary Panel sas first Gazettingof

constituted and every change therein shall be published in the Gazette membership

THIfttl SCHEDULE (Section 22)

Constitutionof the Jamaica Anti-Doping Appeals Tribunal

1 The Appeals Tribunal shall consist of sir person- ConstitutionofAppeals

(a) a chairman and vice-chairman k i n g both persons who have Panel

served as either a Judge of the Court of Appeal or of the SupremeCourt

lTbe Indunion or (bb page b rmthoritcd by LN IUnO l l l

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(b) persons who have served in-

Actingwepombmnts

Revocationof

appointment

Remunetation

Resignation

Filling ofvacancies

(i) the post of a Director of Public Prosecutions or a senior

member of staff of the Office of the Director of PublicProsecutions

(ii) sports administration for at least ten years

(iii) sports medicine for at least ten years

2 The members of the Appeals Tribunal shall be appointed by theMinister by instrument in writing and shall subject to the provisions of thisSchedule hold office for a period of three years

3 Every member shall be eligible for re-appointment

4 If any member of the Appeals Tniunal is absent or unable to performhis duties the Minister may appoint any person to act in the place of thatmember so however that such appointment shall be made in the samemanner and h m mong the same category of persons as would be requiredin the case of a substantive appointment

5 The Minister may at any time revoke the appointment of any memberof theCommission if such member-

(a) becomes of unsound mind or becomes pe-rmanently unable toperform his functions by w o n of i l l health

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

(c) fails without reasonable excuse to cany out any of the functionsconferred or imposed on him under this Act or

(4 ngages in such activities as are reasonably considered prejudicialto the interest of the Commission

6 There shall be paid to the members of the Appeals Tribunal suchremuneration (whether by way of honorarium salary fees or allowances) asthe Minister may determine

7-41) Any member other than the chairman may at any time resign hisoffice by instrument in writing addressed to the Minister and transmittedthrough the chairman and from the date of receipt by the Minister of suchinstrument that person shall cease to be a member

(2) The chairman may at any time resign his oflice by instrument inwriting addressed to the Minister and such resignation shall take effect asfrom the date of receipt by the Minister of that instrument

8 If any vacancy occurs in the membership of the Appeals Tribunal suchvacancy shall be filled by the appointment of another member so however

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ANTI-DOPING IN SPORT

that such appointment shall be made in the same manner and h m he samecategory of persons as would be required in the case of the original

appointment9+1) No proceedings shall be brought or instituted before any court Rotection

or tribunal personally against any member of the Appeals Tribunal in respect of members

of any act done bonafide in pursuance or execution or intended execution ofthis Act

(2) Where any member is exempt from liability by reason only of theprovisions of this paragraph the Appeals Tribunal shall be liable to theextent that it would be if that member were an employee or agent of the

Appeals Tribunal10 The names of all members of the Appeals Tribunal as first constituted Gazatingof

and every change therein shall be published in the Gmette Membenhip

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ANTI-DOPIhG Ih SPORT

(i) as an international-level athlete

(ii) as a national-level athlete (as

determined by the Commission)including but not limited to any person inthe Registered Testing Pool who isotherwise subject to the jurisdiction ofthis Act

(b) for the purposes of section 10 (2) (h) andanti-doping information and education

- any person r e f m d to in paragraph (a)and any other competitor in sport

athlek support personnel means any-

(a) parent or guardian of an athlete who is aminor

(b) m e d i d practitioner or paramedical

personnel(c) coach trainer manager oficial agent or

team sw

working with or treating or assisting an athleteparticipating in or preparing for sports competition

Code means the World Anti-Doping Code adopted bythe World Anti-Doping Agency on March 52003 atCopenhagen Denmark and includes any amendmentsto the Code adopted by the World Anti-DopingAgency from time to time

Commission or JADCO means the Jamaica Anti-Doping Commission established under section 5

competition or sporting competition means a sportingactivity consisting of a single race match game orathletic contest

1 iiuchha o t cbls page a ratborhcd by LX 123120111

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ANTI-DOPING IN SPORT 5

consequences of Anti-Doping Rules violation mmeans oneOH more of the following consequences m d t i n g fioman athletes or other persons violation of an And-

Doping R u le -

(a) disqualificatiorr-this means that the ath-letes s e d t s in a particular competition orevent we invdidakd with d l resultingconsequences including forfeiture of m ym d s points and prizes

(b) ineligibility-this means that the athlete OH

other person is b d or a specified periodof time frsm participating in m y competitionOHother activity or hnding

(c) provisional suspemion-this means that theathlete or other person is b m d temporarilyfiom participating in any competition prior to

the final decision of the Appeals T r i b u d

Court of Arbitration9 means the Court of Arbitration forSport located in L au sm e Switzerland established bythe International Olympic Committee and the statutesof which came into force on June 30 1984

Disciplinary Panel means the dsamdca Anti-DopingDisciplinary Panel established mder section 18

bbdopingmeans any violation of the Anti-Doping Rules

doping control means all the steps and processes frsmtest distribution plming through to ultimate dis-position of any appeal including all steps andprocesses in between such as provision of where-abouts information sample collection and handling

results management and hearings

doping control teams means doping control teams

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ANTI-DOPING IN SPORT

operating under the authority of international orm t i o d ad-do ping organizations

event means a series of individual competitionsconducted together under one international sportingfederation or national sporting organization or d i n g

body

functions includes powers and duties

in-competition means the period commencing twelve

hours before a competition in which the athlete isscheduled to participate through the end of suchconmpetition and the sample collection process relatedto such competition

international event or international competitionmeans as the case may be an event or competitionwhere the Intemational Olympic Committee the

International P d y m p i c Committee an internationalsporting federation a major event organization oranother international sporting organization is thed i n g body for the event or competition or appointsthe technical officials for the event or competition

international-level athlete means an athlete designatedby one or more intemational sporting federations as

being within the Registered Testing Pool for aninternational sporting federation

International Olympic Committee means the organiza-tion created by the Congress of Paris on June 231894and entrusted with the control and development of themodern Olympic Games

Internatiod Pmlympic Committee means the organi-

zation established on September 22 1989 to enablep d y m p i c athletes to achieve sporting excellence andto inspire and excite the world and entrusted with thecontrol and development of the Paralympics Games

l f b c inclrasiooof his psp is 8o(borud by LK IUnOlll

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international sporting federation in relation to aparticular type of sport or event means the sportingbody having international control over that sport orevent

International Standard means a standard adopted by theWorld Anti-Doping Agency in support of the Codecompliance with which is s a c i e n t to conclude thatthe procedures addressed by that standard are

performed properly

JADCO TUEC means the Therapeutic Use ExemptionCommittee appointed under section 13

major event organizations means the continental asso-ciations of National Olympic Committees and otherinternational multi-sport organizations that function

_ a s he ruling body for any continental regional orother international event

marker means a compound group of compounds orbiological parmeters that indicates the use of a

prohibited substance or prohibited method

metabolite means any substance produced by abiotrmsformation process

minor meansa

person under the age of eighteen yearsWational Anti-Doping Organization means-

(a) an entity designated by a state as possessing theprimary authority and responsibility to adopt andimplement rules in that state which are equivalentto the Anti-Doping Rules d k t he collection ofsamples and the management of ttst results and

(6) where such designation has not been made by thecompetent public authority of a state that statesnational Olympic Committee or iamp designatee

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ANTI-DOPING IN SPORT

national event means a sporting event involvinginternational-level or national-level athletes that is not

an international eventnational-level athlete means an athlete other than an

international-level athlete who is designated bythe Commission or the ~aiio la al Anti-DopingOrganization to which he is subject as being withinthe Commissions or organizations Registered Test-ing Pool

national sporting organization in relation to a particularsport means-

(a) in respect of any country a sporting organi-zation that is recognized by the relevantinternational sporting federation as being theorganization responsible for administering theaflFsPigs of that sport or of a substantial part orsection of that sport in that country or

(6 ) in respect of a country other than Jamaica ifthere is no international sporting fderation inrelation to that sprt a sporting organizationthat is generally recognized as being res-ponsible for administering the affairs of thatspa or of a substantial part or section of thespa$ in that country or

(c) in respect of Jamaica whether or not there isan i n t e m t i o d sporting federation in relationto that sport a sporting organization that isreccpgnid by the Government of Jamaica oris generally recognized as being responsiblefor administering the aEairs of that sport or ofa substantial part or section of that sport in

Jamaicano-advance notice means doping control which takes

place with no advance waming to the athlete and

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ANgP-DOPING IN SPORT 9

where the athlete is continuously chaperoned from themoment of notification through to the p i n t where asample is provided

out-ofompetition means any doping control which isnot conducted in-competition

participant means any athlete or athlete supportpersonnel

Prohibited List means the Prohibited List published byWADA which identifies the prohibited slabstances aPmd

methods as amended hmn time totime

prohibited method m e w m y method so described onthe Prohibited List

prohibited substance means any substance so describedon the Prohibited List

Registered Testing Pool means the pool of athletesestablished separately by each intamtiom1 sportingfederation or National Anti-Doping Organization as

the case may Be who are subject to both in-competition and out-of-competition testing as part ofthat fderations or organizations test distributionplanning

sample or specimen means m y biological materidcollected for the pupo m s of doping m n m l

sporting organization inc8des an organization that-

(a) has control in a particular stateor put of a stateor internationally of one or more sports orsporting events

(b ) organizes or administers one or more sports orsporting events

(c) accredits persons to take part ir sportingcompetition

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ANTI-DOPING IN SPORT

(4 rovides teams to compete in sportingcompetition or

(e) trains or provides finance for a person to takepart in sporting competition

tampering means altering for any improper purpose or inan improper way bringing improper influence to bear

interfering improperly to alter results or preventnomid procedures fiom occurring

team sporthems a sport in which the substitution of

athletes is permitted during a competition

k s t i n g b e m the parts of the doping control processinvolving test distribution planning sample collectionsample -handling and sample transport to thelaboratory and kst shall be similarly construed

Therapeutic Use Exemptioq or WE eans anexemption granted in accordance with the Annex 11 ofthe UNESCO Anti-Doping Convention entitledStandards for Granting Therapeutic UseExemptions and the provisions of this Act and anyRules or Regulations made thereunder

trfficking in relation to a prohibited substance orprohibited method means selling giving adminis-tering transporting sending delivering or distribut-

ing as the case may be a prohibited substance orprohibited method to an athlete either directly orindirectly or through one or more third parties butdoes not include selling or distributing (by medicalpersonnel or by persons other than an athletessupport personnel) a prohibited substance for genuineand legal therapeutic purposes

UNESCO Anti-Doping Convention means the Inter-national Convention Against Doping in Sport adoptedby the UNESCO General Conference at Paris Franceon October 19 2005 and includes any amenheritsto the Convention that have entered into force for

- -- -lThc inclusion of h i s pap is auhorized by LS 12320ll(

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ANTI-DOPING IN SPORT

Jamaica

we in relation to a prohibited substance or prohibitedmethod m e w the application ingestion injection orconsumption by any means whatsoever of anyprohibited substance or prohibited method as the casemay be

World Anti-Doping Agency or WABA means thebody founded by the hternatiod OlympicCommittee and constituted as a foundation in

husanne Switzerland by an instrument of foundationsigned on November 10 1999 and named in thatinstrument a s the World Anpi-Doping Agency

3 The objects of this Act are to-

(a) promote a drug-free environment for sport andprovide athletes and athlete support personnel withprotection of their right to participate in h g - f k e

sport and thus promote h d t h fairness and quali tyfor d l participants in s p r t s and

(6) ensure harmonized coordinated and effective sportsanti-dgping programmes at the national levell andinternational level with regard to the detectiondeterrence and prevention of doping and

objectsofAct

(c ) respect the rights of individuals and national sportingorganizations by the application of f i r procedures forand meam to oversee doping control determinationof Anti-Doping Rules Violations and theirconsequences and other decisions made in the interestof drug-free sports

4 4 1 ) For the purposes of doping conml the following App1i68ti0

persons are governed by this Act-

(a) a person who has been selected to compete as arepresentative of Jamaica in an international sportingcompetition

Ime inclusion of (his pap is euchorizcd by LN t M O I I J

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(b ) a person who competes in a national sportingcompetition

(c) a person who has been assessed by a Jamaicannational sporting organization as having thepotential to represent Jamaica in an internationalsporting competition

(4 a person who competes as a member of a team ina sporting competition (whether held or to Be

held in or outside Jamaica) at a level whichinvolves participation of the following-

(i) teams that represent Jamaica or

(ii) teams that represent organizations inJamaica and contain members who havek n ssessed by a Jamaican nationalsporting organization as having the

potential to represent Jamaica inan

international sporting competition

(e) a person who competes in sprting competitionand-

(i) is receiving financial or other sport-related support from the Government ofJamaica or an agency of the Govern-

ment or

(li) is a party to an arrangement with theGovernment of Jamaica under which theperson will receive financial or othersport-related support fiom the Govern-ment or an agency of the Government

(i) who has been assessed by a nationalsporting organization or an internationalsporting federation as having reachedsuch a standard of performance in the

(Tbc h d m b m o f (bb page b rmhorhcd by LN lLULOlll

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ANTI-DOPING IN SPORT

field of sporting activity in which hecompetes as to be capable of represemt-

ing in international sporting competitionthe country of which he is a citizen or inwhich he is oqiinarily resident and

(ii) in respect of whom the Commission has

been requested by a National Anti-Doping Organization of a country otherthan Jamaica to obtain a sample for

testing or(g ) a person whose name is entered on the

Commissions Registered Testing Pool ofinternational-level and national-level athletes andwho--

(i) has been notified of his inclusion in theCommissions Registered Testing Pool

and(ii) as a direct result of having his name so

entered is required to file quarterlywhereabouts information with the Com-mission on forms provided by the om-mission which s p i f l on a daily basisthe locations and times where theathlete will be residing training or

competing

(2) Subject to subsection (3 person who at anyparticular time-

(a) is in training or has at any time within the precedingtwelve months trained to compete in a sportingcompetition or

(8) has at any time within the preceding twelve monthscompeted in a sporting competition

is deemed for the purposes of subseetion (1) to be a person whocompetes in a sporting competition

17be b d dw of (UP page b rmtborhcd by LN 143120111

i

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ANTP-DOPPNG IN SPORT

(3) For the purposes of this Act a person is deemed notto have been an athlete at a particular time if the person had-

(a) given prior written notification to the relevant nationalsporting organization that he had retired from takingpart iam sporting competition

(b ) not since the written notification was given takenpart in a sporting competition and

( c ) been informed by the Commission that he no longersatisfies the criteria for inclusion in the RegisteredTesting Pool

(4) A person who has given written notice of retirementfrom taking part in sporting competition to the relevant nationalsporting organization and who is not serving a period ofineligibility may not resume competing d e s s he has given theCommission at least twelve months prior written notice that heexpects to return to competition and is available for no-advancenotice out-of-competition testing during the period

PART 1 Jamaica Anti-Doping CommissionEstablishment and Functions

-lisBlmmt --(I) There is hereby established for the purposes of thisofJmb

~ n t i - w m g Actp a M y o be called the Jamaica Anti-Doping Commissionammissio which shall be a body corporate to which section 28 of the

Interpretation Act appliesFirst ( 2 )The provisions of the First Schedule shall have effectSckduie

as to the constitution and procedure of the Commission andotherwise in relation thereto

Fm-of 6-41) The Commission shall perform such functions as areChmission

necessary to facilitate the control and prevention of doping insports including-

( a ) implementing the policies and programm es of theGovernment against doping in sport

(b ) doing dl things necessary to comply with andimplement any Article of the Code

JTbe i a d d o a af (bb pap b fis(bohzd by LN 123U)lll

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ANTI-DOPING nsJ SPORT

(c) planning implementing and monitoring informationand education progammes aimed at educating

athletes athlete support personnel parents the mediaand the general public in Jamaica about doping insport matters such as-

(i) the health consequences of doping

(ii) the harm of doping to the ethical values ofsport

(iii) prohibited substances and prohibited methods

(iv) therapeutic use exemptions

(v) nutritional supplements

(vi) doping control procedures and resultsmanagement

(vii) the athletes rights and responsibilities inregard to doping in sport and the con-sequences of committing an Anti-DopingRules violation

(4 establishing a register for the Registered Testing Poolof national-level and international-level Jamaicaathletes who are citizens or residents of and noting

such athletes and relevant national sporting oiganiz-ations of entries made in the register

(e) directing the anti-doping programme of the Govew-ment specific to sports including conducting testing ofathletes planning coordinating and implementing thecollection of samples the management of test resultsand conducting hearings in keeping with the man-

datory international standards set out in the Code

ugt testing any athlete whether or not he is a citizen orresident of Jamaica-

(IEe adosioa of this pap b aulbodz~d y LN 1UZOllI

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MI-DOPIMG IM SPORT

(g) notifjhg test results to athletes a d as the case maybe g o v m e m t s of countries other than Jamaica anti-

doping organizations of other countries or othersignatodes to the Code in accordance with bilateral ormdpilrateaca9 agreements entered into by Jamaica withsuch governments organizations or signatories

(h) entering into reciprocd testing agreements withN a t i o d Anti-Doping Organizations outside Jamaicain relation to any athlete

(0 encouraging and facilitating the negotiation by anys-porting organization and Anti-Doping Organization of

my agreement permitting their members to be testedby authorized doping control teams h r n othercom~a

63 mpmtiarg with the testing and education initiativesof WW A and other antidoping organizations

(k) supporting encouraging conducting and promotingresearch stbout doping in sport matters that contributesto the development and implementation of eficientantidoping programmes

(I) consulting with advising and assisting-

(i) G o v e m e n t departments and agencies local

authorities the Jamaica Olympic Associa-tion national sporting organizations andother bodies or persons on any mattersconcerned with doping in sport issues andrelated matters

(ii) foreign government and non-governmentalorganizations and other persons outside ofJamaica for the purpose of promoting theadoption of uniform international testingprocedures for doping in sport

(m) publishing and making available the Prohibited Listand any revision thereof to athletes and as such all

(Ihe OP)L(IDshmof h i s pap b aothorampcd by LN lUlLblll

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ANTI-DOPING IN SPORT

athletes shall be deemed to accept the Prohibited Listand any amendments thereto as binding upon

them

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

(0 ) performing any other h c t i o n s relating to doping insport that are conferred on the Commission by this orany other enactment and

07) generally taking all steps necessary or desirable to

achieve the purposes of this Act(2) In the performance of its functions the Com-

mission-

(a) shall establish for its use and for the use of itscommittees procedures that are appropriate and fair inthe circumstances

(b) shall develop appropriate procedures t+

(i) reflect the needs of athletes who are underthe age of eighteen years and

(ii) reflect the culture and any disabilities orother special concerns of athletes and

(iii) protect each athletes right to privacy

(c ) may impose fees or charges for the provision of

information advice or other services requested of theCommission (other than for information requested byan athlete relating to the athlete)

(3) The powers of the Commission may be exercised ina state other than Jamaica in relation to athletes who are citizensof Jamaica subject to the approval of the relevant foreign stateor relevant national sporting organization of such state

7 4 1 ) The Minister may after consultation with the Chair- Ministarnaygive direc-

man of the Commission give to the Commission directions in tions to

writing of a general character as to the policy to be followed by COmrnissi

the Commission in the performance of its functions as appear to

JThe inclusion of this page ip authorized by LK 123ROlll

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ANTI-DOPING IN SPORT

the Minister to be necessary in the public interest and theCommission shall give effect thereto

(2) Directions given under subsection (1) shall not relateto-

(a) a particular athlete or particular athlete supportpersonnel or

(b) doping control

(3) The Commission shall comely with any directionsgiven under subsection (1)

powerco $--(I) The Commission may with the written approval ofM-the Minister delegate any of its functions under this Act (otherthan the power of delegation) to any member officer or agent ofthe Commission

(2) A delegation under subsection (1) i s ~ v o c a b l ey the

Commission in d the delegation of a function shall not precludethe performance of the delegated function by the Commission

P m 11 Anti-Doping Rules

9 The Commission may with the approval of the Ministermaymake~ l e s make d e s (in this Act referred to as the Anti-Doping Rules)

generally for controlling the occurrence of doping in sports and

for carrying out the objects of this Act and without limitingthe generality of the foregoing such d e s may provide for-

(a) initiating implementing or enforcing any part of thedoping control process

(b) analysis of samples

(c) athlete whereabouts information

(4 consequences of Anti-Doping Rules violation

(e) assessment of costs for disciplinary hearings

results management

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ANTI-DOPING IN SPORT 19

10--(I) Except in any case where an athlete holds a ~nti- oping

Therapeutic Use Exemption Certificate and is in compliance

with the terms of such Therapeutic Use Exemption Certificatethe athlete shall be liable for the presence of any prohibitedsubstance or its metabolites or markers found in his body

(2) Subject to the exception mentioned in subsection(I) a reference in this Act to an Anti-Doping Rules violationshall mean any one of the following-

(a) the presence of a prohibited substance or its meta-bolites or markers in an athletes specimen

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

(c ) refusing or failing without compelling justification tosubmit sample collection after notification asauthorized in applicable Anti-Doping rules or

otherwise evading sample collection(4 violation of applicable requirements regarding athlete

availability for out-of-competition testing includingfailure to provide required whereabouts informationand missed tests which are declared based onreasonable rules which comply with the InternationalStandard for testing

(e) tampering or attempting to tamper with any part ofdoping control

V) possession of prohibited substances or prohibitedmethods

(g) trafficking in any prohibited substance or prohibitedmethod

(h) administration or attempted administration of aprohibited substance or prohibited method to anyathlete or assisting encouraging aiding abettingcovering up or any type of complicity involving anAnti-Doping Rules violation or any attemptedviolation

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ANTI-DOPING lA SPORT

Therapeutic Use Exemption

Therapeutic

use81-41) An athlete with a medical condition requiring the

Exemption use of a Prohibited Substance or Prohibited Method shall firstCmihk obtain a Therapeutic Use Exemption Certificate in accordance

with the provisions of this Act the Anti-Doping Rules and theInternational Standard for Therapeutic Use Exemption fromJADCO TUEC or as the case may require the internationalsporting federation under whose control the athletecompetes

(2) Notwithstanding the provisions of subsection (I) aninternational-level athlete or athlete who participates ininternational events shall apply to the international sportingfederation concerned for the Therapeutic Use ExemptionCertificate except in emergency situations no later than twenty-one days before the athletes participation in an internationalsporting event or otherwise provided for in the Anti-Doping

rules of that international sporting federation and provide toJADCO TUEC a copy of such aun application prior to theinternational event

(3) The application for a Therapeutic Use ExemptionCertificate ampom an athlete shall--

(a) be made immediately after the athlete becomes awarethat the use of a Prohibited Substance or Prohibited

Method is required and

(b) subject to any circumstance of emergency be obtainedprior to the athletes participation in any competitionor event

(4) Where an athlete who is subject to testing and hasbeen granted a Therapeutic Use Exemption Certificate by aninternational sporting federation the athlete shall immediately

report the granting of the Therapeutic Use Exemption Certificateto WADA JADCO TUEC and to the relevant national sportingorganization and shall provide to JADCO TUEC all the relevantif in n a ti o n and documentation

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ANTI-DOPING IN SPORT

(5)Every national level athlete and athleteparticipating in national events shall obtain a Therapeutic Use

Exemption Certificate fiom the SAIDCO TUEC unless such anathlete has previously received a Therapeutic Use ExemptionCertificate fiom can international sporting federation md suchTherapeutic Use Exemption Certificate is still vdid and thegrant of which has been previously reported to the JADCOTUEC and the Commission

1241) An application for a Therapeutic Use Exemption Application

Certificate to the JAIDCO TUEC shall be made in accordance Ezmwwith the International Standard for Therapeutic Use Exemption withinternational

(2) The athlete on whose behalf the application has

been made shdl provide written consent for the transmissionof-

(a) d l information pertaining to the application to theSADCO WEC and as required other independent

medical or scientific experts and to all necessary staffinvolved in the management or review of TherapeuticUse Exemptions

(b) the decision of SAC0 TUEC to be distributed toWAIDA and to other relevant Anti-Doping Orghzza-tions under the provisions of the Code

1341) The Coxnmission shall appoint a Committee to bew i n - 8

of aheknown as he J m d c a Anti-Doping Therapeutic Use Exemption -Committee (in this Act known as JADCO PPJIEC)consisting aherapeuaic

of six duly qualified medical practitioners Use

Exemlptiowcommittee

(2) The appointment of every member of the JADCOTUEC shall be evidenced by an instrument in writing whichshall state the period of o fi ce of the member not e x d i n gthree y e m as the Commission may specify in the instrument

and each member shall be eligible for re-appointment

(3) The Commission shall appoint one of the membersof the JADCO TUEC to be the Chairperson thereof

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ANTI-DOPING IN SPORT

Fampons

of JADCOTUEC

NotificationofTherapeuticUseExemption

WADA mayreview andrevmeTUECertificate

(4) The JADCO TUEC sh dl act independently of theCommission and shall not have any other official responsibility

within the Commission(5) Where any member of the JADCO FUEC is

connected with an athlete (having regkd to their familialbusiness or other relationship) or has an interest in any nationalsporting organization or international sporting federation such amember is excluded fiom considering any application forTherapeutic Use Exemption fiom that athlete or as the case maybe any athlete who is a member or participant in a sporiing eventorganized or sanctioned by the international sporting federationor national sporting organization in which he has an interest

14 The hcc tions of the JADCO TUEC shall be to-

(a) receive and exmine applications from national-levelathletes for Therapeutic Use Exemption Certificates

(6) g m t Therapeutic Use Exemption Certificates

(c) revoke Therapeutic Use Exemption Certificates

(4 perform any other fipnctions that are conferred orimposed on it by this Act

15--(I) The JADCO TUEC shall promptly notify theCommission of its decision to grant a Therapeutic UseExemption Certificate

(2) The Commission upon being notified by JADCOTUEC of the grant of a Therapeutic Use Exemption Certificateshall notify WADA thereof

16 Where the JADCO TUEC has made a decision to grantor deny the grant of a Therapeutic Use Exemption Certificate toan athlete WADA at the request of the athlete or on its own initiative may review the p t r denial of the Therapeutic UseExemption Certificate and where WADA determines that the

granting or denial of such Therapeutic Use ExemptionCertificate did not comply with the International Standard forTherapeutic Use Exemption in force at the time then WADAmay reverse the decision to grant or deny the Therapeutic Use

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ANTI-DOPING IN SPORT

Exemption Certificate

17 Tlhe C O ~ I ~ S S ~ O ~hall tecognk the results of laboratory Recognition

d y s i s by other anti-doping organizations once conducted in 0 2 f t ~ faccordance with the WADA International Standard for Dopin

Testing o l g a n d ~ n ~

PART W isciplinary Panel Appeals

18 There is established for the purposes of this Act a M y listm mat

to be d l e d the Jamaica Anti-Doping Disciplinary Panel and theprovisions of the Second Schedule shall have effect as to the hti- oping

constitution and pmcedw of the Disciplinary Panel and Fzhqotherwise in relation thereto second

Schedule

19 Where it appears that there has been an Anti-Doping CommissionI 0der

Rules violation the Commission shall refa the matter to theDisciplinary Panel hearing

20--41) The functions of the Disciplinary Panel shall be Functi0mof

to- the Anti-Doping~ i amp i amp n q

( a ) receive examine and hear evidence relating to an -I

Anti-Doping R des violation

(8) conduct disciplinary hearings related to Anti-DopingRules violations referred to it by the Commission

( c ) determine whether a violation of the Anti-DopingRules has occurred

(4mpose consequences of Anti-Doping Rules yiola-tions

( e ) perfom any other functions that are conferred orimposed on the Disciplinary Panel by this Act

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EstablishmentofJamaicaAnti-DopingAppealsTribunalThirdSchedule

(2) The Disciplinary Panel shdl consequent onreceiving a written reference h m he Commission asserting an

Anti-Doping rules violation-

(a) within fourteen days of the date of receipt of thereference commence a hearing

(b) within twenty days of the date of receipt of thereference issue a written decision

(c ) within thirty days of the date of receipt of the

reference issue written reasons for the decision givenin paragraph (b)

2 1 4 1 ) Subject to section 23 where-

(a) any athlete or other person who is the subject of thedecision being ap p d e d

(b) the C om iss io n

(c ) the relevant international sporting federation

(8 ) relevant nationd sporting organization

(e) the Jamaica Olympic Association

WADA

is aggrieved by a decision of the Disciplinary Panel that personor body may witkin fourteen days of the decision of theDisciplinary Panel and in the prescribed m m e r lodge magpeal with the Appeds Tribunal established under section 22against any decision of the Disciplinary Panel

(2) Every decision of the Disciplinary Pm el in respectof a Anti-Doping Rules violation shdl remain in effect duringthe appeal process unless the Appeal Tribunal otherwiseorders

2 2 4 1 ) For the purposes of an appeal under section 21there is hereby established an Appeds Tribunal to be calledthe Jamaica Anti-Doping Appeals Tribunal constituted inaccordance with the Third Schedule

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

(a) PO hear and determine issues arising fiom a decision ofthe Disciplinary Panel-

(i) that an Anti-Doping Rules violation wascommitted

(ii) imposing consequences of an Anti- DopingRules violation

(iii) ohat ara Anti-Doping Rules violation was not

committed(iv) that an anti-doping orgmimtion lacks

jurisdiction to rule on an Anti-Doping Rulesviolation or consequences of rn Anti-DopingRules violation

(v) to impose a provisional suspension as a result

of a paovisiond hearing

(b ) to determine the consequences of an Anti-DopingR d es violation to to mposed

(c) to perform any other hctions hat me c o n f e d orimposed on the Appeals T r i b d by virtue of this Act

(3) The Appeds T r i b d shdl consequent on thelodging of an appeal under subsection (1)-

(a) within twenty-one days of lodging receive h a mdex m in e the evidence relating to the ap

(b) within thirty days of the date of lodging issue ao

written decision

(c) within sixty days of the date of l dgin g issue writtenreasons for the decision

(4) kra appeal shdl not in its entirety exceed three

months except in extenuating c k w n a m c e s

23 M e r e an appeal is in respect of an i n t e m ~ o dvent ~ S O F

iclkrdonellor a m e nvolving an nternational-level athlete the decision of amp

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ANTI-DOPING IN SPORT

the Disciplinary Panel may k appealed directly to the Court ofArbitration

Apr of 24-41) Any decision by WADA reversing the grant of aTherapeutic Use Exemption Certificate or as the case be the

d refusal to grant may be appealed directly by the athlete or theUw

~xwptimCommission to the Court of Arbitration

M B e (2) Where an international-level athlete has made an

application for a Therapeutic Use Exemption Certificate andthe international sporting federation has reksed to grarnt

such Therapeutic Use Exemption Certificate the athlete mayappeal exclusively to the Court of Arbitration in respect ofthe refusal to grant the Therapeutic Use ExemptionCertificate

(3) Where the JADCO TUEC has refused to grant aTherapeutic Use Exemption Certificate to a national-levelathlete the athlete may make an appeal to the Appeals Tribunal

(4) Where the Appeals Tribunal reverses the decision ofthe JADCO TklEC to grant a Therapeutic Use ExemptionCertificate WADA may appeal to the Court of Arbitration

Miscellaneous

canmtaity 25-41) Every-

(a ) member of the Commission(b) officer m d employee of the Com is si on

(c) expert retained by the Commission to m i s t in itsinvestigations and delikrations

(4 ember of the Appeals Tribunal

(e ) member of the JADCO TUEC

V) member of the Disciplinary Panel

shall keep secret and confidential all information coming to hisknowledge in the course of the administration of this Act exceptin so far as the Commission authorizes that pason to releasethat information

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ANTI-DOPING IN SPORT

(2) Any person who contravenes subsection (1) shd lbe guilty of an offence and s M l be liable on smw

conviction in a Resident Magistrates Court to a fine notexceeding one million dollars

26-41) The Minister may make regulations generally for awlations

giving effect to the provisions of this Act and without prejudiceto the generality of the foregoing the regulations may pmvidefor-

(a) the determination and collection of fees m d charges in

connection with the exercise of the Ruactions of theCommission

(b) the keeping of such records as the Minister may

require for the pwposes of this Act

(c) the forms to be used for the ppsrposes of this Act and

(4 mything required by this Act to be prescribed

(2) Regulations made under subsection (1) may pmvidefor the imposition of a penalty on summary conviction in a

Resident Magistrates Cowt of a fine not ex ce din g one milliondollars or a term of imprisonment not e x d i n g six months orboth such fine and imprisonment

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ART-DOBlNG lN SPORT

Constitution and Procedure of the Jamaica Anti-Doping Commission

1 The Commission shall consist of the following mem krs-

(a) not less than nine md not more than thirteen persons who theMinister is satisfied am of high integrity and able to exercise soundjudgment in faz8filling their responsibilities under this Act

(heminafter r e f e d to asappointed memkmsn)

(b) the Executive Director of the Commission and the PemmentSempary or his nominee (heminailer r e f e d to as ex-officiomembers)

2 The appointed members of the Commission shall be appointed by theMinister by instrument in writing and shall subject to the provisions of thisSchedule hold office for a pmisd of three years

3 Every appointed member shall be eligible for re-appointment

4 4 1 ) The Minister shdl appoint a chairman and a deputy chairman fromamong the appointed members

(2) ln the case of absence or inability to act of the chaiman thedeputy chairman shall perform the functions of the chaiman

(3) In the case of absence or inability to act of both the chairman and

deputy chairman the Minister may appoint any other member to perform thefunctions of the chairman or as he case may be the deputy chairman duringsuch absence or incapacity

5 If any member is absent or unable to pedorm his duties due to absenceor illness the Minister may appoint any person to act in the place of that

member so however that such appointment shall be made in the m emanner and fiom among the same category of p o n s as would be requiredin the case of a substantive appointment

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

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

(6) is convicted and sentenced to a tenn of imprisonment

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

(4 ngages in such activities as are reasonably consided prejudicialto the interest of the Commission

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M I- D O P IN G IN SPORT 29

7 Thew shall be paid to the members of the Commission such ~mlanaretfol~

remuneration (whether by way of honowriurn salary fees or allowances) as of^^

the Minister with responsibility for the public service may determine

8 Fiye members of the Commission shall form a quorum at any m m

meeting

9 - 4 1 ) An appointed member other than the chahan may at any time Resignation

resign his office by instrument in writing addressed to the Minister and

transmitted through the chairman and fiom the date of receipt by the Minister

of such instrument that person shall cease to be a member

(2) The chairman may at any time resign his office by instrument

in writing addressed to the Minister and such resignation shallrtake eflst

as from the date of receipt by the Minister of that insitmment

10 If any vacancy occurs in the membership of the Commission Fillingof

such vacancy shall be filled by the appointment of another member vrmcmcics

B 1 4 1) No p w i n g s shall be brought or instituted before any co w or meah

tribunal personally against any member of the Commission in respect of my of ~~~act done bonaflde in pursuance or execution or intended execution of this

A n

(2) Where any member is exempt from liability by reason only ofthe provisions of this paragraph the Commission shall be liable to the extent

that it would be if that member were an employee or agent of the

Commission

I f The names of all members of the Commissionas first constimed and Gazetting of

every change therein shall be published in the Gazette ~ h h i p

Administrbrion and Fdnance

1341) The Commission shall appoint and employ at such remuneration ampin-8

and on such terms and conditions as it thinks fit an Executive Director a zySecretary and such other officers employees and agents as it considers mflom

necessary for q e proper carrying out of its functions

(2) Notwithstanding sub-paragraph (1)-

(a) a salary in excess of the prescribed rate shall not be assigned to

any post without the prior approval of the Minister and

(b) an appointment shall not be made to any post to which a salary in

excess of the prescribed rate is assigned without the prior approval

of the Minister

(3) In this section prescribed me means such rate as thk

Minister with responsibility for the public service may by order prescribe

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38 M-DOPING N SPORT

W i 14 The Commission may with the written appmval of the Minister-gmwitksmd

~iharuirimg (a) enter into ammgements respecting schemes whether by way of

bencri insurance policies of otherwise or(6) make regulations

for medical h e f i 4 pensions gratuities and other retiring benefits ordisability or death benefits relating to employees of the Commission andsuch arrangements or regulations may include provisions for the g m t ofbenefits to the dependants and the legal personal representatives of suchemployees

Fundo lad 1 5 4 1) The dunds and resources of the Commission shall consist of-fsaufca ofC g m n i h (a) such funds as may be provided by Parliament for the Commission

in the annual Estimates of Revenue and Expenditum

(b) revenues ampom fees and charges impsed by the Commission form y -ices p d d d by it or the use of any facility

(c) s ~ c h m s as may beallocated b m time to time to theCommission b m esearch or education gmts or fiwm loan fundsand

(d)all o t h a m s r property which may in any manner becomepayable to or vested in the Commission in respect of any matterincidental to its functions

(2) The expenses of the Commission including the remunerationof members md employees shall be paid out of the funds of theCommission

~BDPKCDLO 16 All moneys s f the Commission not q u i r e d to be expended fork v a the purpose of meeting any of the obligations or discharging any of them finctions of the Commission may be invested in such securities as the

Commission may afier consultation with the Minister responsible forfinance consider appropriate and the Commission may sell all or any of suchsecurities

d 17---(I) The Commission shall keep proper accounts and other records inmlation to its business and shall prepare mually in msgect of each financialyear a statement of accounts in a form satisfactory to the Minister beinga form which eon foms with established accounting principles

(2) The accounts of the Commission shall be audited annually by anauditor or auditors appointed by the Commission and approved by theMinis-

(3) The members ofticers and employees ofthe Commission shall-

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ANTI-DOPING IN SPORT 3 1

(a) grant to the auditor appointed under sub-paragraph (2) accessto all books documents cash and securities of the Commissionand

(b) give to the auditor on request all such information as may be

within their knowledge in relation to the Commissions operations

(4) The auditors fees and any expenses of the audit shall be paid bythe Commission

(5) The Auditor-General shall be entitled at all reasonable times toexamine the accounts and other records in relation to the business of theCommission

l8-(l) The Commission shall within six months afterthe end of each A n n d

financial year or within such longer priod as the Minister may in spcialcircumstances allow cause to be made and transmit to the Minister a regort edi-

dealing generally with the activities of the Commission during the precedingyear including-

(a) a statement of its accounts audited in accordance with paragraph 17

(b) a statement of the outcomes and findings of its annual testing

programme including satis tical information on-(i) the provision of samples by athletes

(ii) the testing of samples so provided and

(iii) the extent of the participation of ~ a ti o na l sportingorganizations in testing programmes operated or suppofldby the Commission

(c) the results of Anti-Doping research undertaken by or supported bythe Commission

(4 summary of the education and public information programmesundertaken by or supported by the Commission and

(e) particulars of the extent to which the Commission has compllidwith and achieved the objectives of any sb-ategic plan and theoperational plan in force during the financial year to which theregort relates

(2) The Minister shall cause copies of the report together with the

a n n u l statement of accounts and the auditors report thereon to belaid on theTable of the House of Representatives and of the Senate

(3) The Commission shall before a date specified by the Minisampsubmit to the Minister for his approval estimates of revenue and expenditurefor the ensuing year

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32 ANTI-DOFING IN SPORT

Exemption 1 The income of the Commission shall be exempt fiom incomefminsome

tax

SECOND CHEDULE (Seaion 18)

Constirution of h e Jamaica Awi-Dop ing Disciplinary Panel

Cm d t u t h 141) The Disciplinary Panel shall consist of not more than nineOf Discipi- persons appointed as fol~ows-nsr)Pawl

(a) m chairman and two vice chairmen each of whom shall be legal

practitioners of not less than 18 years of experience

(b) three persons each of whom has been duly qualified medical

practitioners for not less than five years

(el three additioilal members each of whom shall be or has previously

been a spaas administrator or an athlete

(2) The chairman or in his absence the vice chairman shall

appoint three members frsm the panel to hear and determine each case

(3) Every hearing shall comprise of the chairman or a vice chairman

as chairman of the hearing panel one medical pmctitioner member and one- sp rt s dminismtosor athlete member

Tenurecf 2 The members shall be a~pointedby the Minister by instrument inofiw w-riting md shall subject to the provisions of this Schedule hold ofice for a

period of three years

lp 3 Every member shall be eligible for re-a~pointment

qipkmlm

~c t i ng 4 If my member is absent or unable to act the Minister may appoint anyWiatmesrtscerson to act in the glace of that member so however that such appointment

shdl be made in the same manner and frsm among the same category of

persons as would be required in h e case of a substantive appointment

Ip-b 5 The Minister may at any time revoke the appointment of any member

of the Disciplil~~~jymel if such member-8mm

(a) becomes ~f unsound mind or becomes pemanently unable to

p f o m his frsnctions by reason of i l l health

(b) is wnvicted and sentencedto a term of imprisonment

(6 ) hils withotit peasonable excuse to carny out any of the functions

m L d r ionposed on him under this Act or

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ANTI-DOPING IN SPORT 33

( 8 ) engages in such activities as are reasonably considered prejudicialto the interest of the Commission

16 There shall be paid to the members of the Disciplinary Panel such Remuneration

remuneration (whether by way of honorarium salary fees or allowances) as ofmembersthe Minister may determine

7 - (1 ) Any member other than the chairman may at any time resign Resignation

his office by instrument in writing addressed to the Minister and transmittedthrough the chairman and from the date of receipt by the Minister of suchinstrument that person shall cease to be a member

(2) The chairman may at any time resign his office by instrument

in writing addressed to the Minister and such resignation shall take effect asfrom the date of receipt by the Minister of that instrument

8 If any vacancy occurs in the membership of the Disciplinary Panel Fillingof

such vacancy shall be filled by the appointment of another member so vacancies

however that such appointment shall be made in the same manner and fromthe same category of persons as would be required in the case of the originalappointment

9 - ( l ) No proceedings shall be brought or instituted before any court or htection

tribunal personally against any member of the Disciplinary Panel in respect ofmembers

of any act done bo na jide in pursuance or execution or intended execution ofthis Act

(2) Where any member is exempt from liability by reason only ofthe provisions of this paragraph the Disciplinary Panel shall be liable to theextent that it would be if that member were an employee or agent of theDisciplinary Panel

10 The names of all members of the Disciplinary Panel sas first Gazettingof

constituted and every change therein shall be published in the Gazette membership

THIfttl SCHEDULE (Section 22)

Constitutionof the Jamaica Anti-Doping Appeals Tribunal

1 The Appeals Tribunal shall consist of sir person- ConstitutionofAppeals

(a) a chairman and vice-chairman k i n g both persons who have Panel

served as either a Judge of the Court of Appeal or of the SupremeCourt

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ANTILDOPING IiV SPORT

(b) persons who have served in-

Actingwepombmnts

Revocationof

appointment

Remunetation

Resignation

Filling ofvacancies

(i) the post of a Director of Public Prosecutions or a senior

member of staff of the Office of the Director of PublicProsecutions

(ii) sports administration for at least ten years

(iii) sports medicine for at least ten years

2 The members of the Appeals Tribunal shall be appointed by theMinister by instrument in writing and shall subject to the provisions of thisSchedule hold office for a period of three years

3 Every member shall be eligible for re-appointment

4 If any member of the Appeals Tniunal is absent or unable to performhis duties the Minister may appoint any person to act in the place of thatmember so however that such appointment shall be made in the samemanner and h m mong the same category of persons as would be requiredin the case of a substantive appointment

5 The Minister may at any time revoke the appointment of any memberof theCommission if such member-

(a) becomes of unsound mind or becomes pe-rmanently unable toperform his functions by w o n of i l l health

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

(c) fails without reasonable excuse to cany out any of the functionsconferred or imposed on him under this Act or

(4 ngages in such activities as are reasonably considered prejudicialto the interest of the Commission

6 There shall be paid to the members of the Appeals Tribunal suchremuneration (whether by way of honorarium salary fees or allowances) asthe Minister may determine

7-41) Any member other than the chairman may at any time resign hisoffice by instrument in writing addressed to the Minister and transmittedthrough the chairman and from the date of receipt by the Minister of suchinstrument that person shall cease to be a member

(2) The chairman may at any time resign his oflice by instrument inwriting addressed to the Minister and such resignation shall take effect asfrom the date of receipt by the Minister of that instrument

8 If any vacancy occurs in the membership of the Appeals Tribunal suchvacancy shall be filled by the appointment of another member so however

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ANTI-DOPING IN SPORT

that such appointment shall be made in the same manner and h m he samecategory of persons as would be required in the case of the original

appointment9+1) No proceedings shall be brought or instituted before any court Rotection

or tribunal personally against any member of the Appeals Tribunal in respect of members

of any act done bonafide in pursuance or execution or intended execution ofthis Act

(2) Where any member is exempt from liability by reason only of theprovisions of this paragraph the Appeals Tribunal shall be liable to theextent that it would be if that member were an employee or agent of the

Appeals Tribunal10 The names of all members of the Appeals Tribunal as first constituted Gazatingof

and every change therein shall be published in the Gmette Membenhip

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ANTI-DOPING IN SPORT 5

consequences of Anti-Doping Rules violation mmeans oneOH more of the following consequences m d t i n g fioman athletes or other persons violation of an And-

Doping R u le -

(a) disqualificatiorr-this means that the ath-letes s e d t s in a particular competition orevent we invdidakd with d l resultingconsequences including forfeiture of m ym d s points and prizes

(b) ineligibility-this means that the athlete OH

other person is b d or a specified periodof time frsm participating in m y competitionOHother activity or hnding

(c) provisional suspemion-this means that theathlete or other person is b m d temporarilyfiom participating in any competition prior to

the final decision of the Appeals T r i b u d

Court of Arbitration9 means the Court of Arbitration forSport located in L au sm e Switzerland established bythe International Olympic Committee and the statutesof which came into force on June 30 1984

Disciplinary Panel means the dsamdca Anti-DopingDisciplinary Panel established mder section 18

bbdopingmeans any violation of the Anti-Doping Rules

doping control means all the steps and processes frsmtest distribution plming through to ultimate dis-position of any appeal including all steps andprocesses in between such as provision of where-abouts information sample collection and handling

results management and hearings

doping control teams means doping control teams

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ANTI-DOPING IN SPORT

operating under the authority of international orm t i o d ad-do ping organizations

event means a series of individual competitionsconducted together under one international sportingfederation or national sporting organization or d i n g

body

functions includes powers and duties

in-competition means the period commencing twelve

hours before a competition in which the athlete isscheduled to participate through the end of suchconmpetition and the sample collection process relatedto such competition

international event or international competitionmeans as the case may be an event or competitionwhere the Intemational Olympic Committee the

International P d y m p i c Committee an internationalsporting federation a major event organization oranother international sporting organization is thed i n g body for the event or competition or appointsthe technical officials for the event or competition

international-level athlete means an athlete designatedby one or more intemational sporting federations as

being within the Registered Testing Pool for aninternational sporting federation

International Olympic Committee means the organiza-tion created by the Congress of Paris on June 231894and entrusted with the control and development of themodern Olympic Games

Internatiod Pmlympic Committee means the organi-

zation established on September 22 1989 to enablep d y m p i c athletes to achieve sporting excellence andto inspire and excite the world and entrusted with thecontrol and development of the Paralympics Games

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international sporting federation in relation to aparticular type of sport or event means the sportingbody having international control over that sport orevent

International Standard means a standard adopted by theWorld Anti-Doping Agency in support of the Codecompliance with which is s a c i e n t to conclude thatthe procedures addressed by that standard are

performed properly

JADCO TUEC means the Therapeutic Use ExemptionCommittee appointed under section 13

major event organizations means the continental asso-ciations of National Olympic Committees and otherinternational multi-sport organizations that function

_ a s he ruling body for any continental regional orother international event

marker means a compound group of compounds orbiological parmeters that indicates the use of a

prohibited substance or prohibited method

metabolite means any substance produced by abiotrmsformation process

minor meansa

person under the age of eighteen yearsWational Anti-Doping Organization means-

(a) an entity designated by a state as possessing theprimary authority and responsibility to adopt andimplement rules in that state which are equivalentto the Anti-Doping Rules d k t he collection ofsamples and the management of ttst results and

(6) where such designation has not been made by thecompetent public authority of a state that statesnational Olympic Committee or iamp designatee

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ANTI-DOPING IN SPORT

national event means a sporting event involvinginternational-level or national-level athletes that is not

an international eventnational-level athlete means an athlete other than an

international-level athlete who is designated bythe Commission or the ~aiio la al Anti-DopingOrganization to which he is subject as being withinthe Commissions or organizations Registered Test-ing Pool

national sporting organization in relation to a particularsport means-

(a) in respect of any country a sporting organi-zation that is recognized by the relevantinternational sporting federation as being theorganization responsible for administering theaflFsPigs of that sport or of a substantial part orsection of that sport in that country or

(6 ) in respect of a country other than Jamaica ifthere is no international sporting fderation inrelation to that sprt a sporting organizationthat is generally recognized as being res-ponsible for administering the affairs of thatspa or of a substantial part or section of thespa$ in that country or

(c) in respect of Jamaica whether or not there isan i n t e m t i o d sporting federation in relationto that sport a sporting organization that isreccpgnid by the Government of Jamaica oris generally recognized as being responsiblefor administering the aEairs of that sport or ofa substantial part or section of that sport in

Jamaicano-advance notice means doping control which takes

place with no advance waming to the athlete and

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ANgP-DOPING IN SPORT 9

where the athlete is continuously chaperoned from themoment of notification through to the p i n t where asample is provided

out-ofompetition means any doping control which isnot conducted in-competition

participant means any athlete or athlete supportpersonnel

Prohibited List means the Prohibited List published byWADA which identifies the prohibited slabstances aPmd

methods as amended hmn time totime

prohibited method m e w m y method so described onthe Prohibited List

prohibited substance means any substance so describedon the Prohibited List

Registered Testing Pool means the pool of athletesestablished separately by each intamtiom1 sportingfederation or National Anti-Doping Organization as

the case may Be who are subject to both in-competition and out-of-competition testing as part ofthat fderations or organizations test distributionplanning

sample or specimen means m y biological materidcollected for the pupo m s of doping m n m l

sporting organization inc8des an organization that-

(a) has control in a particular stateor put of a stateor internationally of one or more sports orsporting events

(b ) organizes or administers one or more sports orsporting events

(c) accredits persons to take part ir sportingcompetition

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(4 rovides teams to compete in sportingcompetition or

(e) trains or provides finance for a person to takepart in sporting competition

tampering means altering for any improper purpose or inan improper way bringing improper influence to bear

interfering improperly to alter results or preventnomid procedures fiom occurring

team sporthems a sport in which the substitution of

athletes is permitted during a competition

k s t i n g b e m the parts of the doping control processinvolving test distribution planning sample collectionsample -handling and sample transport to thelaboratory and kst shall be similarly construed

Therapeutic Use Exemptioq or WE eans anexemption granted in accordance with the Annex 11 ofthe UNESCO Anti-Doping Convention entitledStandards for Granting Therapeutic UseExemptions and the provisions of this Act and anyRules or Regulations made thereunder

trfficking in relation to a prohibited substance orprohibited method means selling giving adminis-tering transporting sending delivering or distribut-

ing as the case may be a prohibited substance orprohibited method to an athlete either directly orindirectly or through one or more third parties butdoes not include selling or distributing (by medicalpersonnel or by persons other than an athletessupport personnel) a prohibited substance for genuineand legal therapeutic purposes

UNESCO Anti-Doping Convention means the Inter-national Convention Against Doping in Sport adoptedby the UNESCO General Conference at Paris Franceon October 19 2005 and includes any amenheritsto the Convention that have entered into force for

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Jamaica

we in relation to a prohibited substance or prohibitedmethod m e w the application ingestion injection orconsumption by any means whatsoever of anyprohibited substance or prohibited method as the casemay be

World Anti-Doping Agency or WABA means thebody founded by the hternatiod OlympicCommittee and constituted as a foundation in

husanne Switzerland by an instrument of foundationsigned on November 10 1999 and named in thatinstrument a s the World Anpi-Doping Agency

3 The objects of this Act are to-

(a) promote a drug-free environment for sport andprovide athletes and athlete support personnel withprotection of their right to participate in h g - f k e

sport and thus promote h d t h fairness and quali tyfor d l participants in s p r t s and

(6) ensure harmonized coordinated and effective sportsanti-dgping programmes at the national levell andinternational level with regard to the detectiondeterrence and prevention of doping and

objectsofAct

(c ) respect the rights of individuals and national sportingorganizations by the application of f i r procedures forand meam to oversee doping control determinationof Anti-Doping Rules Violations and theirconsequences and other decisions made in the interestof drug-free sports

4 4 1 ) For the purposes of doping conml the following App1i68ti0

persons are governed by this Act-

(a) a person who has been selected to compete as arepresentative of Jamaica in an international sportingcompetition

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(b ) a person who competes in a national sportingcompetition

(c) a person who has been assessed by a Jamaicannational sporting organization as having thepotential to represent Jamaica in an internationalsporting competition

(4 a person who competes as a member of a team ina sporting competition (whether held or to Be

held in or outside Jamaica) at a level whichinvolves participation of the following-

(i) teams that represent Jamaica or

(ii) teams that represent organizations inJamaica and contain members who havek n ssessed by a Jamaican nationalsporting organization as having the

potential to represent Jamaica inan

international sporting competition

(e) a person who competes in sprting competitionand-

(i) is receiving financial or other sport-related support from the Government ofJamaica or an agency of the Govern-

ment or

(li) is a party to an arrangement with theGovernment of Jamaica under which theperson will receive financial or othersport-related support fiom the Govern-ment or an agency of the Government

(i) who has been assessed by a nationalsporting organization or an internationalsporting federation as having reachedsuch a standard of performance in the

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ANTI-DOPING IN SPORT

field of sporting activity in which hecompetes as to be capable of represemt-

ing in international sporting competitionthe country of which he is a citizen or inwhich he is oqiinarily resident and

(ii) in respect of whom the Commission has

been requested by a National Anti-Doping Organization of a country otherthan Jamaica to obtain a sample for

testing or(g ) a person whose name is entered on the

Commissions Registered Testing Pool ofinternational-level and national-level athletes andwho--

(i) has been notified of his inclusion in theCommissions Registered Testing Pool

and(ii) as a direct result of having his name so

entered is required to file quarterlywhereabouts information with the Com-mission on forms provided by the om-mission which s p i f l on a daily basisthe locations and times where theathlete will be residing training or

competing

(2) Subject to subsection (3 person who at anyparticular time-

(a) is in training or has at any time within the precedingtwelve months trained to compete in a sportingcompetition or

(8) has at any time within the preceding twelve monthscompeted in a sporting competition

is deemed for the purposes of subseetion (1) to be a person whocompetes in a sporting competition

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(3) For the purposes of this Act a person is deemed notto have been an athlete at a particular time if the person had-

(a) given prior written notification to the relevant nationalsporting organization that he had retired from takingpart iam sporting competition

(b ) not since the written notification was given takenpart in a sporting competition and

( c ) been informed by the Commission that he no longersatisfies the criteria for inclusion in the RegisteredTesting Pool

(4) A person who has given written notice of retirementfrom taking part in sporting competition to the relevant nationalsporting organization and who is not serving a period ofineligibility may not resume competing d e s s he has given theCommission at least twelve months prior written notice that heexpects to return to competition and is available for no-advancenotice out-of-competition testing during the period

PART 1 Jamaica Anti-Doping CommissionEstablishment and Functions

-lisBlmmt --(I) There is hereby established for the purposes of thisofJmb

~ n t i - w m g Actp a M y o be called the Jamaica Anti-Doping Commissionammissio which shall be a body corporate to which section 28 of the

Interpretation Act appliesFirst ( 2 )The provisions of the First Schedule shall have effectSckduie

as to the constitution and procedure of the Commission andotherwise in relation thereto

Fm-of 6-41) The Commission shall perform such functions as areChmission

necessary to facilitate the control and prevention of doping insports including-

( a ) implementing the policies and programm es of theGovernment against doping in sport

(b ) doing dl things necessary to comply with andimplement any Article of the Code

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ANTI-DOPING nsJ SPORT

(c) planning implementing and monitoring informationand education progammes aimed at educating

athletes athlete support personnel parents the mediaand the general public in Jamaica about doping insport matters such as-

(i) the health consequences of doping

(ii) the harm of doping to the ethical values ofsport

(iii) prohibited substances and prohibited methods

(iv) therapeutic use exemptions

(v) nutritional supplements

(vi) doping control procedures and resultsmanagement

(vii) the athletes rights and responsibilities inregard to doping in sport and the con-sequences of committing an Anti-DopingRules violation

(4 establishing a register for the Registered Testing Poolof national-level and international-level Jamaicaathletes who are citizens or residents of and noting

such athletes and relevant national sporting oiganiz-ations of entries made in the register

(e) directing the anti-doping programme of the Govew-ment specific to sports including conducting testing ofathletes planning coordinating and implementing thecollection of samples the management of test resultsand conducting hearings in keeping with the man-

datory international standards set out in the Code

ugt testing any athlete whether or not he is a citizen orresident of Jamaica-

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MI-DOPIMG IM SPORT

(g) notifjhg test results to athletes a d as the case maybe g o v m e m t s of countries other than Jamaica anti-

doping organizations of other countries or othersignatodes to the Code in accordance with bilateral ormdpilrateaca9 agreements entered into by Jamaica withsuch governments organizations or signatories

(h) entering into reciprocd testing agreements withN a t i o d Anti-Doping Organizations outside Jamaicain relation to any athlete

(0 encouraging and facilitating the negotiation by anys-porting organization and Anti-Doping Organization of

my agreement permitting their members to be testedby authorized doping control teams h r n othercom~a

63 mpmtiarg with the testing and education initiativesof WW A and other antidoping organizations

(k) supporting encouraging conducting and promotingresearch stbout doping in sport matters that contributesto the development and implementation of eficientantidoping programmes

(I) consulting with advising and assisting-

(i) G o v e m e n t departments and agencies local

authorities the Jamaica Olympic Associa-tion national sporting organizations andother bodies or persons on any mattersconcerned with doping in sport issues andrelated matters

(ii) foreign government and non-governmentalorganizations and other persons outside ofJamaica for the purpose of promoting theadoption of uniform international testingprocedures for doping in sport

(m) publishing and making available the Prohibited Listand any revision thereof to athletes and as such all

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ANTI-DOPING IN SPORT

athletes shall be deemed to accept the Prohibited Listand any amendments thereto as binding upon

them

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

(0 ) performing any other h c t i o n s relating to doping insport that are conferred on the Commission by this orany other enactment and

07) generally taking all steps necessary or desirable to

achieve the purposes of this Act(2) In the performance of its functions the Com-

mission-

(a) shall establish for its use and for the use of itscommittees procedures that are appropriate and fair inthe circumstances

(b) shall develop appropriate procedures t+

(i) reflect the needs of athletes who are underthe age of eighteen years and

(ii) reflect the culture and any disabilities orother special concerns of athletes and

(iii) protect each athletes right to privacy

(c ) may impose fees or charges for the provision of

information advice or other services requested of theCommission (other than for information requested byan athlete relating to the athlete)

(3) The powers of the Commission may be exercised ina state other than Jamaica in relation to athletes who are citizensof Jamaica subject to the approval of the relevant foreign stateor relevant national sporting organization of such state

7 4 1 ) The Minister may after consultation with the Chair- Ministarnaygive direc-

man of the Commission give to the Commission directions in tions to

writing of a general character as to the policy to be followed by COmrnissi

the Commission in the performance of its functions as appear to

JThe inclusion of this page ip authorized by LK 123ROlll

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ANTI-DOPING IN SPORT

the Minister to be necessary in the public interest and theCommission shall give effect thereto

(2) Directions given under subsection (1) shall not relateto-

(a) a particular athlete or particular athlete supportpersonnel or

(b) doping control

(3) The Commission shall comely with any directionsgiven under subsection (1)

powerco $--(I) The Commission may with the written approval ofM-the Minister delegate any of its functions under this Act (otherthan the power of delegation) to any member officer or agent ofthe Commission

(2) A delegation under subsection (1) i s ~ v o c a b l ey the

Commission in d the delegation of a function shall not precludethe performance of the delegated function by the Commission

P m 11 Anti-Doping Rules

9 The Commission may with the approval of the Ministermaymake~ l e s make d e s (in this Act referred to as the Anti-Doping Rules)

generally for controlling the occurrence of doping in sports and

for carrying out the objects of this Act and without limitingthe generality of the foregoing such d e s may provide for-

(a) initiating implementing or enforcing any part of thedoping control process

(b) analysis of samples

(c) athlete whereabouts information

(4 consequences of Anti-Doping Rules violation

(e) assessment of costs for disciplinary hearings

results management

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ANTI-DOPING IN SPORT 19

10--(I) Except in any case where an athlete holds a ~nti- oping

Therapeutic Use Exemption Certificate and is in compliance

with the terms of such Therapeutic Use Exemption Certificatethe athlete shall be liable for the presence of any prohibitedsubstance or its metabolites or markers found in his body

(2) Subject to the exception mentioned in subsection(I) a reference in this Act to an Anti-Doping Rules violationshall mean any one of the following-

(a) the presence of a prohibited substance or its meta-bolites or markers in an athletes specimen

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

(c ) refusing or failing without compelling justification tosubmit sample collection after notification asauthorized in applicable Anti-Doping rules or

otherwise evading sample collection(4 violation of applicable requirements regarding athlete

availability for out-of-competition testing includingfailure to provide required whereabouts informationand missed tests which are declared based onreasonable rules which comply with the InternationalStandard for testing

(e) tampering or attempting to tamper with any part ofdoping control

V) possession of prohibited substances or prohibitedmethods

(g) trafficking in any prohibited substance or prohibitedmethod

(h) administration or attempted administration of aprohibited substance or prohibited method to anyathlete or assisting encouraging aiding abettingcovering up or any type of complicity involving anAnti-Doping Rules violation or any attemptedviolation

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Therapeutic Use Exemption

Therapeutic

use81-41) An athlete with a medical condition requiring the

Exemption use of a Prohibited Substance or Prohibited Method shall firstCmihk obtain a Therapeutic Use Exemption Certificate in accordance

with the provisions of this Act the Anti-Doping Rules and theInternational Standard for Therapeutic Use Exemption fromJADCO TUEC or as the case may require the internationalsporting federation under whose control the athletecompetes

(2) Notwithstanding the provisions of subsection (I) aninternational-level athlete or athlete who participates ininternational events shall apply to the international sportingfederation concerned for the Therapeutic Use ExemptionCertificate except in emergency situations no later than twenty-one days before the athletes participation in an internationalsporting event or otherwise provided for in the Anti-Doping

rules of that international sporting federation and provide toJADCO TUEC a copy of such aun application prior to theinternational event

(3) The application for a Therapeutic Use ExemptionCertificate ampom an athlete shall--

(a) be made immediately after the athlete becomes awarethat the use of a Prohibited Substance or Prohibited

Method is required and

(b) subject to any circumstance of emergency be obtainedprior to the athletes participation in any competitionor event

(4) Where an athlete who is subject to testing and hasbeen granted a Therapeutic Use Exemption Certificate by aninternational sporting federation the athlete shall immediately

report the granting of the Therapeutic Use Exemption Certificateto WADA JADCO TUEC and to the relevant national sportingorganization and shall provide to JADCO TUEC all the relevantif in n a ti o n and documentation

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(5)Every national level athlete and athleteparticipating in national events shall obtain a Therapeutic Use

Exemption Certificate fiom the SAIDCO TUEC unless such anathlete has previously received a Therapeutic Use ExemptionCertificate fiom can international sporting federation md suchTherapeutic Use Exemption Certificate is still vdid and thegrant of which has been previously reported to the JADCOTUEC and the Commission

1241) An application for a Therapeutic Use Exemption Application

Certificate to the JAIDCO TUEC shall be made in accordance Ezmwwith the International Standard for Therapeutic Use Exemption withinternational

(2) The athlete on whose behalf the application has

been made shdl provide written consent for the transmissionof-

(a) d l information pertaining to the application to theSADCO WEC and as required other independent

medical or scientific experts and to all necessary staffinvolved in the management or review of TherapeuticUse Exemptions

(b) the decision of SAC0 TUEC to be distributed toWAIDA and to other relevant Anti-Doping Orghzza-tions under the provisions of the Code

1341) The Coxnmission shall appoint a Committee to bew i n - 8

of aheknown as he J m d c a Anti-Doping Therapeutic Use Exemption -Committee (in this Act known as JADCO PPJIEC)consisting aherapeuaic

of six duly qualified medical practitioners Use

Exemlptiowcommittee

(2) The appointment of every member of the JADCOTUEC shall be evidenced by an instrument in writing whichshall state the period of o fi ce of the member not e x d i n gthree y e m as the Commission may specify in the instrument

and each member shall be eligible for re-appointment

(3) The Commission shall appoint one of the membersof the JADCO TUEC to be the Chairperson thereof

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Fampons

of JADCOTUEC

NotificationofTherapeuticUseExemption

WADA mayreview andrevmeTUECertificate

(4) The JADCO TUEC sh dl act independently of theCommission and shall not have any other official responsibility

within the Commission(5) Where any member of the JADCO FUEC is

connected with an athlete (having regkd to their familialbusiness or other relationship) or has an interest in any nationalsporting organization or international sporting federation such amember is excluded fiom considering any application forTherapeutic Use Exemption fiom that athlete or as the case maybe any athlete who is a member or participant in a sporiing eventorganized or sanctioned by the international sporting federationor national sporting organization in which he has an interest

14 The hcc tions of the JADCO TUEC shall be to-

(a) receive and exmine applications from national-levelathletes for Therapeutic Use Exemption Certificates

(6) g m t Therapeutic Use Exemption Certificates

(c) revoke Therapeutic Use Exemption Certificates

(4 perform any other fipnctions that are conferred orimposed on it by this Act

15--(I) The JADCO TUEC shall promptly notify theCommission of its decision to grant a Therapeutic UseExemption Certificate

(2) The Commission upon being notified by JADCOTUEC of the grant of a Therapeutic Use Exemption Certificateshall notify WADA thereof

16 Where the JADCO TUEC has made a decision to grantor deny the grant of a Therapeutic Use Exemption Certificate toan athlete WADA at the request of the athlete or on its own initiative may review the p t r denial of the Therapeutic UseExemption Certificate and where WADA determines that the

granting or denial of such Therapeutic Use ExemptionCertificate did not comply with the International Standard forTherapeutic Use Exemption in force at the time then WADAmay reverse the decision to grant or deny the Therapeutic Use

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Exemption Certificate

17 Tlhe C O ~ I ~ S S ~ O ~hall tecognk the results of laboratory Recognition

d y s i s by other anti-doping organizations once conducted in 0 2 f t ~ faccordance with the WADA International Standard for Dopin

Testing o l g a n d ~ n ~

PART W isciplinary Panel Appeals

18 There is established for the purposes of this Act a M y listm mat

to be d l e d the Jamaica Anti-Doping Disciplinary Panel and theprovisions of the Second Schedule shall have effect as to the hti- oping

constitution and pmcedw of the Disciplinary Panel and Fzhqotherwise in relation thereto second

Schedule

19 Where it appears that there has been an Anti-Doping CommissionI 0der

Rules violation the Commission shall refa the matter to theDisciplinary Panel hearing

20--41) The functions of the Disciplinary Panel shall be Functi0mof

to- the Anti-Doping~ i amp i amp n q

( a ) receive examine and hear evidence relating to an -I

Anti-Doping R des violation

(8) conduct disciplinary hearings related to Anti-DopingRules violations referred to it by the Commission

( c ) determine whether a violation of the Anti-DopingRules has occurred

(4mpose consequences of Anti-Doping Rules yiola-tions

( e ) perfom any other functions that are conferred orimposed on the Disciplinary Panel by this Act

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EstablishmentofJamaicaAnti-DopingAppealsTribunalThirdSchedule

(2) The Disciplinary Panel shdl consequent onreceiving a written reference h m he Commission asserting an

Anti-Doping rules violation-

(a) within fourteen days of the date of receipt of thereference commence a hearing

(b) within twenty days of the date of receipt of thereference issue a written decision

(c ) within thirty days of the date of receipt of the

reference issue written reasons for the decision givenin paragraph (b)

2 1 4 1 ) Subject to section 23 where-

(a) any athlete or other person who is the subject of thedecision being ap p d e d

(b) the C om iss io n

(c ) the relevant international sporting federation

(8 ) relevant nationd sporting organization

(e) the Jamaica Olympic Association

WADA

is aggrieved by a decision of the Disciplinary Panel that personor body may witkin fourteen days of the decision of theDisciplinary Panel and in the prescribed m m e r lodge magpeal with the Appeds Tribunal established under section 22against any decision of the Disciplinary Panel

(2) Every decision of the Disciplinary Pm el in respectof a Anti-Doping Rules violation shdl remain in effect duringthe appeal process unless the Appeal Tribunal otherwiseorders

2 2 4 1 ) For the purposes of an appeal under section 21there is hereby established an Appeds Tribunal to be calledthe Jamaica Anti-Doping Appeals Tribunal constituted inaccordance with the Third Schedule

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

(a) PO hear and determine issues arising fiom a decision ofthe Disciplinary Panel-

(i) that an Anti-Doping Rules violation wascommitted

(ii) imposing consequences of an Anti- DopingRules violation

(iii) ohat ara Anti-Doping Rules violation was not

committed(iv) that an anti-doping orgmimtion lacks

jurisdiction to rule on an Anti-Doping Rulesviolation or consequences of rn Anti-DopingRules violation

(v) to impose a provisional suspension as a result

of a paovisiond hearing

(b ) to determine the consequences of an Anti-DopingR d es violation to to mposed

(c) to perform any other hctions hat me c o n f e d orimposed on the Appeals T r i b d by virtue of this Act

(3) The Appeds T r i b d shdl consequent on thelodging of an appeal under subsection (1)-

(a) within twenty-one days of lodging receive h a mdex m in e the evidence relating to the ap

(b) within thirty days of the date of lodging issue ao

written decision

(c) within sixty days of the date of l dgin g issue writtenreasons for the decision

(4) kra appeal shdl not in its entirety exceed three

months except in extenuating c k w n a m c e s

23 M e r e an appeal is in respect of an i n t e m ~ o dvent ~ S O F

iclkrdonellor a m e nvolving an nternational-level athlete the decision of amp

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the Disciplinary Panel may k appealed directly to the Court ofArbitration

Apr of 24-41) Any decision by WADA reversing the grant of aTherapeutic Use Exemption Certificate or as the case be the

d refusal to grant may be appealed directly by the athlete or theUw

~xwptimCommission to the Court of Arbitration

M B e (2) Where an international-level athlete has made an

application for a Therapeutic Use Exemption Certificate andthe international sporting federation has reksed to grarnt

such Therapeutic Use Exemption Certificate the athlete mayappeal exclusively to the Court of Arbitration in respect ofthe refusal to grant the Therapeutic Use ExemptionCertificate

(3) Where the JADCO TUEC has refused to grant aTherapeutic Use Exemption Certificate to a national-levelathlete the athlete may make an appeal to the Appeals Tribunal

(4) Where the Appeals Tribunal reverses the decision ofthe JADCO TklEC to grant a Therapeutic Use ExemptionCertificate WADA may appeal to the Court of Arbitration

Miscellaneous

canmtaity 25-41) Every-

(a ) member of the Commission(b) officer m d employee of the Com is si on

(c) expert retained by the Commission to m i s t in itsinvestigations and delikrations

(4 ember of the Appeals Tribunal

(e ) member of the JADCO TUEC

V) member of the Disciplinary Panel

shall keep secret and confidential all information coming to hisknowledge in the course of the administration of this Act exceptin so far as the Commission authorizes that pason to releasethat information

l l b e ampndaabmof tbb pmge b ntborbcd by DJVILU(QlIj

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(2) Any person who contravenes subsection (1) shd lbe guilty of an offence and s M l be liable on smw

conviction in a Resident Magistrates Court to a fine notexceeding one million dollars

26-41) The Minister may make regulations generally for awlations

giving effect to the provisions of this Act and without prejudiceto the generality of the foregoing the regulations may pmvidefor-

(a) the determination and collection of fees m d charges in

connection with the exercise of the Ruactions of theCommission

(b) the keeping of such records as the Minister may

require for the pwposes of this Act

(c) the forms to be used for the ppsrposes of this Act and

(4 mything required by this Act to be prescribed

(2) Regulations made under subsection (1) may pmvidefor the imposition of a penalty on summary conviction in a

Resident Magistrates Cowt of a fine not ex ce din g one milliondollars or a term of imprisonment not e x d i n g six months orboth such fine and imprisonment

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Constitution and Procedure of the Jamaica Anti-Doping Commission

1 The Commission shall consist of the following mem krs-

(a) not less than nine md not more than thirteen persons who theMinister is satisfied am of high integrity and able to exercise soundjudgment in faz8filling their responsibilities under this Act

(heminafter r e f e d to asappointed memkmsn)

(b) the Executive Director of the Commission and the PemmentSempary or his nominee (heminailer r e f e d to as ex-officiomembers)

2 The appointed members of the Commission shall be appointed by theMinister by instrument in writing and shall subject to the provisions of thisSchedule hold office for a pmisd of three years

3 Every appointed member shall be eligible for re-appointment

4 4 1 ) The Minister shdl appoint a chairman and a deputy chairman fromamong the appointed members

(2) ln the case of absence or inability to act of the chaiman thedeputy chairman shall perform the functions of the chaiman

(3) In the case of absence or inability to act of both the chairman and

deputy chairman the Minister may appoint any other member to perform thefunctions of the chairman or as he case may be the deputy chairman duringsuch absence or incapacity

5 If any member is absent or unable to pedorm his duties due to absenceor illness the Minister may appoint any person to act in the place of that

member so however that such appointment shall be made in the m emanner and fiom among the same category of p o n s as would be requiredin the case of a substantive appointment

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

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

(6) is convicted and sentenced to a tenn of imprisonment

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

(4 ngages in such activities as are reasonably consided prejudicialto the interest of the Commission

[The i a h h n cP Ibb amp aulborired by LN i23fZOlll

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M I- D O P IN G IN SPORT 29

7 Thew shall be paid to the members of the Commission such ~mlanaretfol~

remuneration (whether by way of honowriurn salary fees or allowances) as of^^

the Minister with responsibility for the public service may determine

8 Fiye members of the Commission shall form a quorum at any m m

meeting

9 - 4 1 ) An appointed member other than the chahan may at any time Resignation

resign his office by instrument in writing addressed to the Minister and

transmitted through the chairman and fiom the date of receipt by the Minister

of such instrument that person shall cease to be a member

(2) The chairman may at any time resign his office by instrument

in writing addressed to the Minister and such resignation shallrtake eflst

as from the date of receipt by the Minister of that insitmment

10 If any vacancy occurs in the membership of the Commission Fillingof

such vacancy shall be filled by the appointment of another member vrmcmcics

B 1 4 1) No p w i n g s shall be brought or instituted before any co w or meah

tribunal personally against any member of the Commission in respect of my of ~~~act done bonaflde in pursuance or execution or intended execution of this

A n

(2) Where any member is exempt from liability by reason only ofthe provisions of this paragraph the Commission shall be liable to the extent

that it would be if that member were an employee or agent of the

Commission

I f The names of all members of the Commissionas first constimed and Gazetting of

every change therein shall be published in the Gazette ~ h h i p

Administrbrion and Fdnance

1341) The Commission shall appoint and employ at such remuneration ampin-8

and on such terms and conditions as it thinks fit an Executive Director a zySecretary and such other officers employees and agents as it considers mflom

necessary for q e proper carrying out of its functions

(2) Notwithstanding sub-paragraph (1)-

(a) a salary in excess of the prescribed rate shall not be assigned to

any post without the prior approval of the Minister and

(b) an appointment shall not be made to any post to which a salary in

excess of the prescribed rate is assigned without the prior approval

of the Minister

(3) In this section prescribed me means such rate as thk

Minister with responsibility for the public service may by order prescribe

IThe lndluioe of this pap is authorired by LN 1232011(

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38 M-DOPING N SPORT

W i 14 The Commission may with the written appmval of the Minister-gmwitksmd

~iharuirimg (a) enter into ammgements respecting schemes whether by way of

bencri insurance policies of otherwise or(6) make regulations

for medical h e f i 4 pensions gratuities and other retiring benefits ordisability or death benefits relating to employees of the Commission andsuch arrangements or regulations may include provisions for the g m t ofbenefits to the dependants and the legal personal representatives of suchemployees

Fundo lad 1 5 4 1) The dunds and resources of the Commission shall consist of-fsaufca ofC g m n i h (a) such funds as may be provided by Parliament for the Commission

in the annual Estimates of Revenue and Expenditum

(b) revenues ampom fees and charges impsed by the Commission form y -ices p d d d by it or the use of any facility

(c) s ~ c h m s as may beallocated b m time to time to theCommission b m esearch or education gmts or fiwm loan fundsand

(d)all o t h a m s r property which may in any manner becomepayable to or vested in the Commission in respect of any matterincidental to its functions

(2) The expenses of the Commission including the remunerationof members md employees shall be paid out of the funds of theCommission

~BDPKCDLO 16 All moneys s f the Commission not q u i r e d to be expended fork v a the purpose of meeting any of the obligations or discharging any of them finctions of the Commission may be invested in such securities as the

Commission may afier consultation with the Minister responsible forfinance consider appropriate and the Commission may sell all or any of suchsecurities

d 17---(I) The Commission shall keep proper accounts and other records inmlation to its business and shall prepare mually in msgect of each financialyear a statement of accounts in a form satisfactory to the Minister beinga form which eon foms with established accounting principles

(2) The accounts of the Commission shall be audited annually by anauditor or auditors appointed by the Commission and approved by theMinis-

(3) The members ofticers and employees ofthe Commission shall-

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ANTI-DOPING IN SPORT 3 1

(a) grant to the auditor appointed under sub-paragraph (2) accessto all books documents cash and securities of the Commissionand

(b) give to the auditor on request all such information as may be

within their knowledge in relation to the Commissions operations

(4) The auditors fees and any expenses of the audit shall be paid bythe Commission

(5) The Auditor-General shall be entitled at all reasonable times toexamine the accounts and other records in relation to the business of theCommission

l8-(l) The Commission shall within six months afterthe end of each A n n d

financial year or within such longer priod as the Minister may in spcialcircumstances allow cause to be made and transmit to the Minister a regort edi-

dealing generally with the activities of the Commission during the precedingyear including-

(a) a statement of its accounts audited in accordance with paragraph 17

(b) a statement of the outcomes and findings of its annual testing

programme including satis tical information on-(i) the provision of samples by athletes

(ii) the testing of samples so provided and

(iii) the extent of the participation of ~ a ti o na l sportingorganizations in testing programmes operated or suppofldby the Commission

(c) the results of Anti-Doping research undertaken by or supported bythe Commission

(4 summary of the education and public information programmesundertaken by or supported by the Commission and

(e) particulars of the extent to which the Commission has compllidwith and achieved the objectives of any sb-ategic plan and theoperational plan in force during the financial year to which theregort relates

(2) The Minister shall cause copies of the report together with the

a n n u l statement of accounts and the auditors report thereon to belaid on theTable of the House of Representatives and of the Senate

(3) The Commission shall before a date specified by the Minisampsubmit to the Minister for his approval estimates of revenue and expenditurefor the ensuing year

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32 ANTI-DOFING IN SPORT

Exemption 1 The income of the Commission shall be exempt fiom incomefminsome

tax

SECOND CHEDULE (Seaion 18)

Constirution of h e Jamaica Awi-Dop ing Disciplinary Panel

Cm d t u t h 141) The Disciplinary Panel shall consist of not more than nineOf Discipi- persons appointed as fol~ows-nsr)Pawl

(a) m chairman and two vice chairmen each of whom shall be legal

practitioners of not less than 18 years of experience

(b) three persons each of whom has been duly qualified medical

practitioners for not less than five years

(el three additioilal members each of whom shall be or has previously

been a spaas administrator or an athlete

(2) The chairman or in his absence the vice chairman shall

appoint three members frsm the panel to hear and determine each case

(3) Every hearing shall comprise of the chairman or a vice chairman

as chairman of the hearing panel one medical pmctitioner member and one- sp rt s dminismtosor athlete member

Tenurecf 2 The members shall be a~pointedby the Minister by instrument inofiw w-riting md shall subject to the provisions of this Schedule hold ofice for a

period of three years

lp 3 Every member shall be eligible for re-a~pointment

qipkmlm

~c t i ng 4 If my member is absent or unable to act the Minister may appoint anyWiatmesrtscerson to act in the glace of that member so however that such appointment

shdl be made in the same manner and frsm among the same category of

persons as would be required in h e case of a substantive appointment

Ip-b 5 The Minister may at any time revoke the appointment of any member

of the Disciplil~~~jymel if such member-8mm

(a) becomes ~f unsound mind or becomes pemanently unable to

p f o m his frsnctions by reason of i l l health

(b) is wnvicted and sentencedto a term of imprisonment

(6 ) hils withotit peasonable excuse to carny out any of the functions

m L d r ionposed on him under this Act or

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ANTI-DOPING IN SPORT 33

( 8 ) engages in such activities as are reasonably considered prejudicialto the interest of the Commission

16 There shall be paid to the members of the Disciplinary Panel such Remuneration

remuneration (whether by way of honorarium salary fees or allowances) as ofmembersthe Minister may determine

7 - (1 ) Any member other than the chairman may at any time resign Resignation

his office by instrument in writing addressed to the Minister and transmittedthrough the chairman and from the date of receipt by the Minister of suchinstrument that person shall cease to be a member

(2) The chairman may at any time resign his office by instrument

in writing addressed to the Minister and such resignation shall take effect asfrom the date of receipt by the Minister of that instrument

8 If any vacancy occurs in the membership of the Disciplinary Panel Fillingof

such vacancy shall be filled by the appointment of another member so vacancies

however that such appointment shall be made in the same manner and fromthe same category of persons as would be required in the case of the originalappointment

9 - ( l ) No proceedings shall be brought or instituted before any court or htection

tribunal personally against any member of the Disciplinary Panel in respect ofmembers

of any act done bo na jide in pursuance or execution or intended execution ofthis Act

(2) Where any member is exempt from liability by reason only ofthe provisions of this paragraph the Disciplinary Panel shall be liable to theextent that it would be if that member were an employee or agent of theDisciplinary Panel

10 The names of all members of the Disciplinary Panel sas first Gazettingof

constituted and every change therein shall be published in the Gazette membership

THIfttl SCHEDULE (Section 22)

Constitutionof the Jamaica Anti-Doping Appeals Tribunal

1 The Appeals Tribunal shall consist of sir person- ConstitutionofAppeals

(a) a chairman and vice-chairman k i n g both persons who have Panel

served as either a Judge of the Court of Appeal or of the SupremeCourt

lTbe Indunion or (bb page b rmthoritcd by LN IUnO l l l

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(b) persons who have served in-

Actingwepombmnts

Revocationof

appointment

Remunetation

Resignation

Filling ofvacancies

(i) the post of a Director of Public Prosecutions or a senior

member of staff of the Office of the Director of PublicProsecutions

(ii) sports administration for at least ten years

(iii) sports medicine for at least ten years

2 The members of the Appeals Tribunal shall be appointed by theMinister by instrument in writing and shall subject to the provisions of thisSchedule hold office for a period of three years

3 Every member shall be eligible for re-appointment

4 If any member of the Appeals Tniunal is absent or unable to performhis duties the Minister may appoint any person to act in the place of thatmember so however that such appointment shall be made in the samemanner and h m mong the same category of persons as would be requiredin the case of a substantive appointment

5 The Minister may at any time revoke the appointment of any memberof theCommission if such member-

(a) becomes of unsound mind or becomes pe-rmanently unable toperform his functions by w o n of i l l health

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

(c) fails without reasonable excuse to cany out any of the functionsconferred or imposed on him under this Act or

(4 ngages in such activities as are reasonably considered prejudicialto the interest of the Commission

6 There shall be paid to the members of the Appeals Tribunal suchremuneration (whether by way of honorarium salary fees or allowances) asthe Minister may determine

7-41) Any member other than the chairman may at any time resign hisoffice by instrument in writing addressed to the Minister and transmittedthrough the chairman and from the date of receipt by the Minister of suchinstrument that person shall cease to be a member

(2) The chairman may at any time resign his oflice by instrument inwriting addressed to the Minister and such resignation shall take effect asfrom the date of receipt by the Minister of that instrument

8 If any vacancy occurs in the membership of the Appeals Tribunal suchvacancy shall be filled by the appointment of another member so however

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ANTI-DOPING IN SPORT

that such appointment shall be made in the same manner and h m he samecategory of persons as would be required in the case of the original

appointment9+1) No proceedings shall be brought or instituted before any court Rotection

or tribunal personally against any member of the Appeals Tribunal in respect of members

of any act done bonafide in pursuance or execution or intended execution ofthis Act

(2) Where any member is exempt from liability by reason only of theprovisions of this paragraph the Appeals Tribunal shall be liable to theextent that it would be if that member were an employee or agent of the

Appeals Tribunal10 The names of all members of the Appeals Tribunal as first constituted Gazatingof

and every change therein shall be published in the Gmette Membenhip

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operating under the authority of international orm t i o d ad-do ping organizations

event means a series of individual competitionsconducted together under one international sportingfederation or national sporting organization or d i n g

body

functions includes powers and duties

in-competition means the period commencing twelve

hours before a competition in which the athlete isscheduled to participate through the end of suchconmpetition and the sample collection process relatedto such competition

international event or international competitionmeans as the case may be an event or competitionwhere the Intemational Olympic Committee the

International P d y m p i c Committee an internationalsporting federation a major event organization oranother international sporting organization is thed i n g body for the event or competition or appointsthe technical officials for the event or competition

international-level athlete means an athlete designatedby one or more intemational sporting federations as

being within the Registered Testing Pool for aninternational sporting federation

International Olympic Committee means the organiza-tion created by the Congress of Paris on June 231894and entrusted with the control and development of themodern Olympic Games

Internatiod Pmlympic Committee means the organi-

zation established on September 22 1989 to enablep d y m p i c athletes to achieve sporting excellence andto inspire and excite the world and entrusted with thecontrol and development of the Paralympics Games

l f b c inclrasiooof his psp is 8o(borud by LK IUnOlll

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international sporting federation in relation to aparticular type of sport or event means the sportingbody having international control over that sport orevent

International Standard means a standard adopted by theWorld Anti-Doping Agency in support of the Codecompliance with which is s a c i e n t to conclude thatthe procedures addressed by that standard are

performed properly

JADCO TUEC means the Therapeutic Use ExemptionCommittee appointed under section 13

major event organizations means the continental asso-ciations of National Olympic Committees and otherinternational multi-sport organizations that function

_ a s he ruling body for any continental regional orother international event

marker means a compound group of compounds orbiological parmeters that indicates the use of a

prohibited substance or prohibited method

metabolite means any substance produced by abiotrmsformation process

minor meansa

person under the age of eighteen yearsWational Anti-Doping Organization means-

(a) an entity designated by a state as possessing theprimary authority and responsibility to adopt andimplement rules in that state which are equivalentto the Anti-Doping Rules d k t he collection ofsamples and the management of ttst results and

(6) where such designation has not been made by thecompetent public authority of a state that statesnational Olympic Committee or iamp designatee

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ANTI-DOPING IN SPORT

national event means a sporting event involvinginternational-level or national-level athletes that is not

an international eventnational-level athlete means an athlete other than an

international-level athlete who is designated bythe Commission or the ~aiio la al Anti-DopingOrganization to which he is subject as being withinthe Commissions or organizations Registered Test-ing Pool

national sporting organization in relation to a particularsport means-

(a) in respect of any country a sporting organi-zation that is recognized by the relevantinternational sporting federation as being theorganization responsible for administering theaflFsPigs of that sport or of a substantial part orsection of that sport in that country or

(6 ) in respect of a country other than Jamaica ifthere is no international sporting fderation inrelation to that sprt a sporting organizationthat is generally recognized as being res-ponsible for administering the affairs of thatspa or of a substantial part or section of thespa$ in that country or

(c) in respect of Jamaica whether or not there isan i n t e m t i o d sporting federation in relationto that sport a sporting organization that isreccpgnid by the Government of Jamaica oris generally recognized as being responsiblefor administering the aEairs of that sport or ofa substantial part or section of that sport in

Jamaicano-advance notice means doping control which takes

place with no advance waming to the athlete and

1 h dmbn d cbb page b a r h r b c d by LN lUltOll(

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ANgP-DOPING IN SPORT 9

where the athlete is continuously chaperoned from themoment of notification through to the p i n t where asample is provided

out-ofompetition means any doping control which isnot conducted in-competition

participant means any athlete or athlete supportpersonnel

Prohibited List means the Prohibited List published byWADA which identifies the prohibited slabstances aPmd

methods as amended hmn time totime

prohibited method m e w m y method so described onthe Prohibited List

prohibited substance means any substance so describedon the Prohibited List

Registered Testing Pool means the pool of athletesestablished separately by each intamtiom1 sportingfederation or National Anti-Doping Organization as

the case may Be who are subject to both in-competition and out-of-competition testing as part ofthat fderations or organizations test distributionplanning

sample or specimen means m y biological materidcollected for the pupo m s of doping m n m l

sporting organization inc8des an organization that-

(a) has control in a particular stateor put of a stateor internationally of one or more sports orsporting events

(b ) organizes or administers one or more sports orsporting events

(c) accredits persons to take part ir sportingcompetition

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(4 rovides teams to compete in sportingcompetition or

(e) trains or provides finance for a person to takepart in sporting competition

tampering means altering for any improper purpose or inan improper way bringing improper influence to bear

interfering improperly to alter results or preventnomid procedures fiom occurring

team sporthems a sport in which the substitution of

athletes is permitted during a competition

k s t i n g b e m the parts of the doping control processinvolving test distribution planning sample collectionsample -handling and sample transport to thelaboratory and kst shall be similarly construed

Therapeutic Use Exemptioq or WE eans anexemption granted in accordance with the Annex 11 ofthe UNESCO Anti-Doping Convention entitledStandards for Granting Therapeutic UseExemptions and the provisions of this Act and anyRules or Regulations made thereunder

trfficking in relation to a prohibited substance orprohibited method means selling giving adminis-tering transporting sending delivering or distribut-

ing as the case may be a prohibited substance orprohibited method to an athlete either directly orindirectly or through one or more third parties butdoes not include selling or distributing (by medicalpersonnel or by persons other than an athletessupport personnel) a prohibited substance for genuineand legal therapeutic purposes

UNESCO Anti-Doping Convention means the Inter-national Convention Against Doping in Sport adoptedby the UNESCO General Conference at Paris Franceon October 19 2005 and includes any amenheritsto the Convention that have entered into force for

- -- -lThc inclusion of h i s pap is auhorized by LS 12320ll(

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ANTI-DOPING IN SPORT

Jamaica

we in relation to a prohibited substance or prohibitedmethod m e w the application ingestion injection orconsumption by any means whatsoever of anyprohibited substance or prohibited method as the casemay be

World Anti-Doping Agency or WABA means thebody founded by the hternatiod OlympicCommittee and constituted as a foundation in

husanne Switzerland by an instrument of foundationsigned on November 10 1999 and named in thatinstrument a s the World Anpi-Doping Agency

3 The objects of this Act are to-

(a) promote a drug-free environment for sport andprovide athletes and athlete support personnel withprotection of their right to participate in h g - f k e

sport and thus promote h d t h fairness and quali tyfor d l participants in s p r t s and

(6) ensure harmonized coordinated and effective sportsanti-dgping programmes at the national levell andinternational level with regard to the detectiondeterrence and prevention of doping and

objectsofAct

(c ) respect the rights of individuals and national sportingorganizations by the application of f i r procedures forand meam to oversee doping control determinationof Anti-Doping Rules Violations and theirconsequences and other decisions made in the interestof drug-free sports

4 4 1 ) For the purposes of doping conml the following App1i68ti0

persons are governed by this Act-

(a) a person who has been selected to compete as arepresentative of Jamaica in an international sportingcompetition

Ime inclusion of (his pap is euchorizcd by LN t M O I I J

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(b ) a person who competes in a national sportingcompetition

(c) a person who has been assessed by a Jamaicannational sporting organization as having thepotential to represent Jamaica in an internationalsporting competition

(4 a person who competes as a member of a team ina sporting competition (whether held or to Be

held in or outside Jamaica) at a level whichinvolves participation of the following-

(i) teams that represent Jamaica or

(ii) teams that represent organizations inJamaica and contain members who havek n ssessed by a Jamaican nationalsporting organization as having the

potential to represent Jamaica inan

international sporting competition

(e) a person who competes in sprting competitionand-

(i) is receiving financial or other sport-related support from the Government ofJamaica or an agency of the Govern-

ment or

(li) is a party to an arrangement with theGovernment of Jamaica under which theperson will receive financial or othersport-related support fiom the Govern-ment or an agency of the Government

(i) who has been assessed by a nationalsporting organization or an internationalsporting federation as having reachedsuch a standard of performance in the

(Tbc h d m b m o f (bb page b rmhorhcd by LN lLULOlll

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ANTI-DOPING IN SPORT

field of sporting activity in which hecompetes as to be capable of represemt-

ing in international sporting competitionthe country of which he is a citizen or inwhich he is oqiinarily resident and

(ii) in respect of whom the Commission has

been requested by a National Anti-Doping Organization of a country otherthan Jamaica to obtain a sample for

testing or(g ) a person whose name is entered on the

Commissions Registered Testing Pool ofinternational-level and national-level athletes andwho--

(i) has been notified of his inclusion in theCommissions Registered Testing Pool

and(ii) as a direct result of having his name so

entered is required to file quarterlywhereabouts information with the Com-mission on forms provided by the om-mission which s p i f l on a daily basisthe locations and times where theathlete will be residing training or

competing

(2) Subject to subsection (3 person who at anyparticular time-

(a) is in training or has at any time within the precedingtwelve months trained to compete in a sportingcompetition or

(8) has at any time within the preceding twelve monthscompeted in a sporting competition

is deemed for the purposes of subseetion (1) to be a person whocompetes in a sporting competition

17be b d dw of (UP page b rmtborhcd by LN 143120111

i

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ANTP-DOPPNG IN SPORT

(3) For the purposes of this Act a person is deemed notto have been an athlete at a particular time if the person had-

(a) given prior written notification to the relevant nationalsporting organization that he had retired from takingpart iam sporting competition

(b ) not since the written notification was given takenpart in a sporting competition and

( c ) been informed by the Commission that he no longersatisfies the criteria for inclusion in the RegisteredTesting Pool

(4) A person who has given written notice of retirementfrom taking part in sporting competition to the relevant nationalsporting organization and who is not serving a period ofineligibility may not resume competing d e s s he has given theCommission at least twelve months prior written notice that heexpects to return to competition and is available for no-advancenotice out-of-competition testing during the period

PART 1 Jamaica Anti-Doping CommissionEstablishment and Functions

-lisBlmmt --(I) There is hereby established for the purposes of thisofJmb

~ n t i - w m g Actp a M y o be called the Jamaica Anti-Doping Commissionammissio which shall be a body corporate to which section 28 of the

Interpretation Act appliesFirst ( 2 )The provisions of the First Schedule shall have effectSckduie

as to the constitution and procedure of the Commission andotherwise in relation thereto

Fm-of 6-41) The Commission shall perform such functions as areChmission

necessary to facilitate the control and prevention of doping insports including-

( a ) implementing the policies and programm es of theGovernment against doping in sport

(b ) doing dl things necessary to comply with andimplement any Article of the Code

JTbe i a d d o a af (bb pap b fis(bohzd by LN 123U)lll

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ANTI-DOPING nsJ SPORT

(c) planning implementing and monitoring informationand education progammes aimed at educating

athletes athlete support personnel parents the mediaand the general public in Jamaica about doping insport matters such as-

(i) the health consequences of doping

(ii) the harm of doping to the ethical values ofsport

(iii) prohibited substances and prohibited methods

(iv) therapeutic use exemptions

(v) nutritional supplements

(vi) doping control procedures and resultsmanagement

(vii) the athletes rights and responsibilities inregard to doping in sport and the con-sequences of committing an Anti-DopingRules violation

(4 establishing a register for the Registered Testing Poolof national-level and international-level Jamaicaathletes who are citizens or residents of and noting

such athletes and relevant national sporting oiganiz-ations of entries made in the register

(e) directing the anti-doping programme of the Govew-ment specific to sports including conducting testing ofathletes planning coordinating and implementing thecollection of samples the management of test resultsand conducting hearings in keeping with the man-

datory international standards set out in the Code

ugt testing any athlete whether or not he is a citizen orresident of Jamaica-

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MI-DOPIMG IM SPORT

(g) notifjhg test results to athletes a d as the case maybe g o v m e m t s of countries other than Jamaica anti-

doping organizations of other countries or othersignatodes to the Code in accordance with bilateral ormdpilrateaca9 agreements entered into by Jamaica withsuch governments organizations or signatories

(h) entering into reciprocd testing agreements withN a t i o d Anti-Doping Organizations outside Jamaicain relation to any athlete

(0 encouraging and facilitating the negotiation by anys-porting organization and Anti-Doping Organization of

my agreement permitting their members to be testedby authorized doping control teams h r n othercom~a

63 mpmtiarg with the testing and education initiativesof WW A and other antidoping organizations

(k) supporting encouraging conducting and promotingresearch stbout doping in sport matters that contributesto the development and implementation of eficientantidoping programmes

(I) consulting with advising and assisting-

(i) G o v e m e n t departments and agencies local

authorities the Jamaica Olympic Associa-tion national sporting organizations andother bodies or persons on any mattersconcerned with doping in sport issues andrelated matters

(ii) foreign government and non-governmentalorganizations and other persons outside ofJamaica for the purpose of promoting theadoption of uniform international testingprocedures for doping in sport

(m) publishing and making available the Prohibited Listand any revision thereof to athletes and as such all

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ANTI-DOPING IN SPORT

athletes shall be deemed to accept the Prohibited Listand any amendments thereto as binding upon

them

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

(0 ) performing any other h c t i o n s relating to doping insport that are conferred on the Commission by this orany other enactment and

07) generally taking all steps necessary or desirable to

achieve the purposes of this Act(2) In the performance of its functions the Com-

mission-

(a) shall establish for its use and for the use of itscommittees procedures that are appropriate and fair inthe circumstances

(b) shall develop appropriate procedures t+

(i) reflect the needs of athletes who are underthe age of eighteen years and

(ii) reflect the culture and any disabilities orother special concerns of athletes and

(iii) protect each athletes right to privacy

(c ) may impose fees or charges for the provision of

information advice or other services requested of theCommission (other than for information requested byan athlete relating to the athlete)

(3) The powers of the Commission may be exercised ina state other than Jamaica in relation to athletes who are citizensof Jamaica subject to the approval of the relevant foreign stateor relevant national sporting organization of such state

7 4 1 ) The Minister may after consultation with the Chair- Ministarnaygive direc-

man of the Commission give to the Commission directions in tions to

writing of a general character as to the policy to be followed by COmrnissi

the Commission in the performance of its functions as appear to

JThe inclusion of this page ip authorized by LK 123ROlll

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ANTI-DOPING IN SPORT

the Minister to be necessary in the public interest and theCommission shall give effect thereto

(2) Directions given under subsection (1) shall not relateto-

(a) a particular athlete or particular athlete supportpersonnel or

(b) doping control

(3) The Commission shall comely with any directionsgiven under subsection (1)

powerco $--(I) The Commission may with the written approval ofM-the Minister delegate any of its functions under this Act (otherthan the power of delegation) to any member officer or agent ofthe Commission

(2) A delegation under subsection (1) i s ~ v o c a b l ey the

Commission in d the delegation of a function shall not precludethe performance of the delegated function by the Commission

P m 11 Anti-Doping Rules

9 The Commission may with the approval of the Ministermaymake~ l e s make d e s (in this Act referred to as the Anti-Doping Rules)

generally for controlling the occurrence of doping in sports and

for carrying out the objects of this Act and without limitingthe generality of the foregoing such d e s may provide for-

(a) initiating implementing or enforcing any part of thedoping control process

(b) analysis of samples

(c) athlete whereabouts information

(4 consequences of Anti-Doping Rules violation

(e) assessment of costs for disciplinary hearings

results management

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ANTI-DOPING IN SPORT 19

10--(I) Except in any case where an athlete holds a ~nti- oping

Therapeutic Use Exemption Certificate and is in compliance

with the terms of such Therapeutic Use Exemption Certificatethe athlete shall be liable for the presence of any prohibitedsubstance or its metabolites or markers found in his body

(2) Subject to the exception mentioned in subsection(I) a reference in this Act to an Anti-Doping Rules violationshall mean any one of the following-

(a) the presence of a prohibited substance or its meta-bolites or markers in an athletes specimen

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

(c ) refusing or failing without compelling justification tosubmit sample collection after notification asauthorized in applicable Anti-Doping rules or

otherwise evading sample collection(4 violation of applicable requirements regarding athlete

availability for out-of-competition testing includingfailure to provide required whereabouts informationand missed tests which are declared based onreasonable rules which comply with the InternationalStandard for testing

(e) tampering or attempting to tamper with any part ofdoping control

V) possession of prohibited substances or prohibitedmethods

(g) trafficking in any prohibited substance or prohibitedmethod

(h) administration or attempted administration of aprohibited substance or prohibited method to anyathlete or assisting encouraging aiding abettingcovering up or any type of complicity involving anAnti-Doping Rules violation or any attemptedviolation

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ANTI-DOPING lA SPORT

Therapeutic Use Exemption

Therapeutic

use81-41) An athlete with a medical condition requiring the

Exemption use of a Prohibited Substance or Prohibited Method shall firstCmihk obtain a Therapeutic Use Exemption Certificate in accordance

with the provisions of this Act the Anti-Doping Rules and theInternational Standard for Therapeutic Use Exemption fromJADCO TUEC or as the case may require the internationalsporting federation under whose control the athletecompetes

(2) Notwithstanding the provisions of subsection (I) aninternational-level athlete or athlete who participates ininternational events shall apply to the international sportingfederation concerned for the Therapeutic Use ExemptionCertificate except in emergency situations no later than twenty-one days before the athletes participation in an internationalsporting event or otherwise provided for in the Anti-Doping

rules of that international sporting federation and provide toJADCO TUEC a copy of such aun application prior to theinternational event

(3) The application for a Therapeutic Use ExemptionCertificate ampom an athlete shall--

(a) be made immediately after the athlete becomes awarethat the use of a Prohibited Substance or Prohibited

Method is required and

(b) subject to any circumstance of emergency be obtainedprior to the athletes participation in any competitionor event

(4) Where an athlete who is subject to testing and hasbeen granted a Therapeutic Use Exemption Certificate by aninternational sporting federation the athlete shall immediately

report the granting of the Therapeutic Use Exemption Certificateto WADA JADCO TUEC and to the relevant national sportingorganization and shall provide to JADCO TUEC all the relevantif in n a ti o n and documentation

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ANTI-DOPING IN SPORT

(5)Every national level athlete and athleteparticipating in national events shall obtain a Therapeutic Use

Exemption Certificate fiom the SAIDCO TUEC unless such anathlete has previously received a Therapeutic Use ExemptionCertificate fiom can international sporting federation md suchTherapeutic Use Exemption Certificate is still vdid and thegrant of which has been previously reported to the JADCOTUEC and the Commission

1241) An application for a Therapeutic Use Exemption Application

Certificate to the JAIDCO TUEC shall be made in accordance Ezmwwith the International Standard for Therapeutic Use Exemption withinternational

(2) The athlete on whose behalf the application has

been made shdl provide written consent for the transmissionof-

(a) d l information pertaining to the application to theSADCO WEC and as required other independent

medical or scientific experts and to all necessary staffinvolved in the management or review of TherapeuticUse Exemptions

(b) the decision of SAC0 TUEC to be distributed toWAIDA and to other relevant Anti-Doping Orghzza-tions under the provisions of the Code

1341) The Coxnmission shall appoint a Committee to bew i n - 8

of aheknown as he J m d c a Anti-Doping Therapeutic Use Exemption -Committee (in this Act known as JADCO PPJIEC)consisting aherapeuaic

of six duly qualified medical practitioners Use

Exemlptiowcommittee

(2) The appointment of every member of the JADCOTUEC shall be evidenced by an instrument in writing whichshall state the period of o fi ce of the member not e x d i n gthree y e m as the Commission may specify in the instrument

and each member shall be eligible for re-appointment

(3) The Commission shall appoint one of the membersof the JADCO TUEC to be the Chairperson thereof

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ANTI-DOPING IN SPORT

Fampons

of JADCOTUEC

NotificationofTherapeuticUseExemption

WADA mayreview andrevmeTUECertificate

(4) The JADCO TUEC sh dl act independently of theCommission and shall not have any other official responsibility

within the Commission(5) Where any member of the JADCO FUEC is

connected with an athlete (having regkd to their familialbusiness or other relationship) or has an interest in any nationalsporting organization or international sporting federation such amember is excluded fiom considering any application forTherapeutic Use Exemption fiom that athlete or as the case maybe any athlete who is a member or participant in a sporiing eventorganized or sanctioned by the international sporting federationor national sporting organization in which he has an interest

14 The hcc tions of the JADCO TUEC shall be to-

(a) receive and exmine applications from national-levelathletes for Therapeutic Use Exemption Certificates

(6) g m t Therapeutic Use Exemption Certificates

(c) revoke Therapeutic Use Exemption Certificates

(4 perform any other fipnctions that are conferred orimposed on it by this Act

15--(I) The JADCO TUEC shall promptly notify theCommission of its decision to grant a Therapeutic UseExemption Certificate

(2) The Commission upon being notified by JADCOTUEC of the grant of a Therapeutic Use Exemption Certificateshall notify WADA thereof

16 Where the JADCO TUEC has made a decision to grantor deny the grant of a Therapeutic Use Exemption Certificate toan athlete WADA at the request of the athlete or on its own initiative may review the p t r denial of the Therapeutic UseExemption Certificate and where WADA determines that the

granting or denial of such Therapeutic Use ExemptionCertificate did not comply with the International Standard forTherapeutic Use Exemption in force at the time then WADAmay reverse the decision to grant or deny the Therapeutic Use

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ANTI-DOPING IN SPORT

Exemption Certificate

17 Tlhe C O ~ I ~ S S ~ O ~hall tecognk the results of laboratory Recognition

d y s i s by other anti-doping organizations once conducted in 0 2 f t ~ faccordance with the WADA International Standard for Dopin

Testing o l g a n d ~ n ~

PART W isciplinary Panel Appeals

18 There is established for the purposes of this Act a M y listm mat

to be d l e d the Jamaica Anti-Doping Disciplinary Panel and theprovisions of the Second Schedule shall have effect as to the hti- oping

constitution and pmcedw of the Disciplinary Panel and Fzhqotherwise in relation thereto second

Schedule

19 Where it appears that there has been an Anti-Doping CommissionI 0der

Rules violation the Commission shall refa the matter to theDisciplinary Panel hearing

20--41) The functions of the Disciplinary Panel shall be Functi0mof

to- the Anti-Doping~ i amp i amp n q

( a ) receive examine and hear evidence relating to an -I

Anti-Doping R des violation

(8) conduct disciplinary hearings related to Anti-DopingRules violations referred to it by the Commission

( c ) determine whether a violation of the Anti-DopingRules has occurred

(4mpose consequences of Anti-Doping Rules yiola-tions

( e ) perfom any other functions that are conferred orimposed on the Disciplinary Panel by this Act

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ANT-DOPINGIN SPORT

EstablishmentofJamaicaAnti-DopingAppealsTribunalThirdSchedule

(2) The Disciplinary Panel shdl consequent onreceiving a written reference h m he Commission asserting an

Anti-Doping rules violation-

(a) within fourteen days of the date of receipt of thereference commence a hearing

(b) within twenty days of the date of receipt of thereference issue a written decision

(c ) within thirty days of the date of receipt of the

reference issue written reasons for the decision givenin paragraph (b)

2 1 4 1 ) Subject to section 23 where-

(a) any athlete or other person who is the subject of thedecision being ap p d e d

(b) the C om iss io n

(c ) the relevant international sporting federation

(8 ) relevant nationd sporting organization

(e) the Jamaica Olympic Association

WADA

is aggrieved by a decision of the Disciplinary Panel that personor body may witkin fourteen days of the decision of theDisciplinary Panel and in the prescribed m m e r lodge magpeal with the Appeds Tribunal established under section 22against any decision of the Disciplinary Panel

(2) Every decision of the Disciplinary Pm el in respectof a Anti-Doping Rules violation shdl remain in effect duringthe appeal process unless the Appeal Tribunal otherwiseorders

2 2 4 1 ) For the purposes of an appeal under section 21there is hereby established an Appeds Tribunal to be calledthe Jamaica Anti-Doping Appeals Tribunal constituted inaccordance with the Third Schedule

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ANTI-DOPIAG IN SPORT

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

(a) PO hear and determine issues arising fiom a decision ofthe Disciplinary Panel-

(i) that an Anti-Doping Rules violation wascommitted

(ii) imposing consequences of an Anti- DopingRules violation

(iii) ohat ara Anti-Doping Rules violation was not

committed(iv) that an anti-doping orgmimtion lacks

jurisdiction to rule on an Anti-Doping Rulesviolation or consequences of rn Anti-DopingRules violation

(v) to impose a provisional suspension as a result

of a paovisiond hearing

(b ) to determine the consequences of an Anti-DopingR d es violation to to mposed

(c) to perform any other hctions hat me c o n f e d orimposed on the Appeals T r i b d by virtue of this Act

(3) The Appeds T r i b d shdl consequent on thelodging of an appeal under subsection (1)-

(a) within twenty-one days of lodging receive h a mdex m in e the evidence relating to the ap

(b) within thirty days of the date of lodging issue ao

written decision

(c) within sixty days of the date of l dgin g issue writtenreasons for the decision

(4) kra appeal shdl not in its entirety exceed three

months except in extenuating c k w n a m c e s

23 M e r e an appeal is in respect of an i n t e m ~ o dvent ~ S O F

iclkrdonellor a m e nvolving an nternational-level athlete the decision of amp

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ANTI-DOPING IN SPORT

the Disciplinary Panel may k appealed directly to the Court ofArbitration

Apr of 24-41) Any decision by WADA reversing the grant of aTherapeutic Use Exemption Certificate or as the case be the

d refusal to grant may be appealed directly by the athlete or theUw

~xwptimCommission to the Court of Arbitration

M B e (2) Where an international-level athlete has made an

application for a Therapeutic Use Exemption Certificate andthe international sporting federation has reksed to grarnt

such Therapeutic Use Exemption Certificate the athlete mayappeal exclusively to the Court of Arbitration in respect ofthe refusal to grant the Therapeutic Use ExemptionCertificate

(3) Where the JADCO TUEC has refused to grant aTherapeutic Use Exemption Certificate to a national-levelathlete the athlete may make an appeal to the Appeals Tribunal

(4) Where the Appeals Tribunal reverses the decision ofthe JADCO TklEC to grant a Therapeutic Use ExemptionCertificate WADA may appeal to the Court of Arbitration

Miscellaneous

canmtaity 25-41) Every-

(a ) member of the Commission(b) officer m d employee of the Com is si on

(c) expert retained by the Commission to m i s t in itsinvestigations and delikrations

(4 ember of the Appeals Tribunal

(e ) member of the JADCO TUEC

V) member of the Disciplinary Panel

shall keep secret and confidential all information coming to hisknowledge in the course of the administration of this Act exceptin so far as the Commission authorizes that pason to releasethat information

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ANTI-DOPING IN SPORT

(2) Any person who contravenes subsection (1) shd lbe guilty of an offence and s M l be liable on smw

conviction in a Resident Magistrates Court to a fine notexceeding one million dollars

26-41) The Minister may make regulations generally for awlations

giving effect to the provisions of this Act and without prejudiceto the generality of the foregoing the regulations may pmvidefor-

(a) the determination and collection of fees m d charges in

connection with the exercise of the Ruactions of theCommission

(b) the keeping of such records as the Minister may

require for the pwposes of this Act

(c) the forms to be used for the ppsrposes of this Act and

(4 mything required by this Act to be prescribed

(2) Regulations made under subsection (1) may pmvidefor the imposition of a penalty on summary conviction in a

Resident Magistrates Cowt of a fine not ex ce din g one milliondollars or a term of imprisonment not e x d i n g six months orboth such fine and imprisonment

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ART-DOBlNG lN SPORT

Constitution and Procedure of the Jamaica Anti-Doping Commission

1 The Commission shall consist of the following mem krs-

(a) not less than nine md not more than thirteen persons who theMinister is satisfied am of high integrity and able to exercise soundjudgment in faz8filling their responsibilities under this Act

(heminafter r e f e d to asappointed memkmsn)

(b) the Executive Director of the Commission and the PemmentSempary or his nominee (heminailer r e f e d to as ex-officiomembers)

2 The appointed members of the Commission shall be appointed by theMinister by instrument in writing and shall subject to the provisions of thisSchedule hold office for a pmisd of three years

3 Every appointed member shall be eligible for re-appointment

4 4 1 ) The Minister shdl appoint a chairman and a deputy chairman fromamong the appointed members

(2) ln the case of absence or inability to act of the chaiman thedeputy chairman shall perform the functions of the chaiman

(3) In the case of absence or inability to act of both the chairman and

deputy chairman the Minister may appoint any other member to perform thefunctions of the chairman or as he case may be the deputy chairman duringsuch absence or incapacity

5 If any member is absent or unable to pedorm his duties due to absenceor illness the Minister may appoint any person to act in the place of that

member so however that such appointment shall be made in the m emanner and fiom among the same category of p o n s as would be requiredin the case of a substantive appointment

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

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

(6) is convicted and sentenced to a tenn of imprisonment

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

(4 ngages in such activities as are reasonably consided prejudicialto the interest of the Commission

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M I- D O P IN G IN SPORT 29

7 Thew shall be paid to the members of the Commission such ~mlanaretfol~

remuneration (whether by way of honowriurn salary fees or allowances) as of^^

the Minister with responsibility for the public service may determine

8 Fiye members of the Commission shall form a quorum at any m m

meeting

9 - 4 1 ) An appointed member other than the chahan may at any time Resignation

resign his office by instrument in writing addressed to the Minister and

transmitted through the chairman and fiom the date of receipt by the Minister

of such instrument that person shall cease to be a member

(2) The chairman may at any time resign his office by instrument

in writing addressed to the Minister and such resignation shallrtake eflst

as from the date of receipt by the Minister of that insitmment

10 If any vacancy occurs in the membership of the Commission Fillingof

such vacancy shall be filled by the appointment of another member vrmcmcics

B 1 4 1) No p w i n g s shall be brought or instituted before any co w or meah

tribunal personally against any member of the Commission in respect of my of ~~~act done bonaflde in pursuance or execution or intended execution of this

A n

(2) Where any member is exempt from liability by reason only ofthe provisions of this paragraph the Commission shall be liable to the extent

that it would be if that member were an employee or agent of the

Commission

I f The names of all members of the Commissionas first constimed and Gazetting of

every change therein shall be published in the Gazette ~ h h i p

Administrbrion and Fdnance

1341) The Commission shall appoint and employ at such remuneration ampin-8

and on such terms and conditions as it thinks fit an Executive Director a zySecretary and such other officers employees and agents as it considers mflom

necessary for q e proper carrying out of its functions

(2) Notwithstanding sub-paragraph (1)-

(a) a salary in excess of the prescribed rate shall not be assigned to

any post without the prior approval of the Minister and

(b) an appointment shall not be made to any post to which a salary in

excess of the prescribed rate is assigned without the prior approval

of the Minister

(3) In this section prescribed me means such rate as thk

Minister with responsibility for the public service may by order prescribe

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38 M-DOPING N SPORT

W i 14 The Commission may with the written appmval of the Minister-gmwitksmd

~iharuirimg (a) enter into ammgements respecting schemes whether by way of

bencri insurance policies of otherwise or(6) make regulations

for medical h e f i 4 pensions gratuities and other retiring benefits ordisability or death benefits relating to employees of the Commission andsuch arrangements or regulations may include provisions for the g m t ofbenefits to the dependants and the legal personal representatives of suchemployees

Fundo lad 1 5 4 1) The dunds and resources of the Commission shall consist of-fsaufca ofC g m n i h (a) such funds as may be provided by Parliament for the Commission

in the annual Estimates of Revenue and Expenditum

(b) revenues ampom fees and charges impsed by the Commission form y -ices p d d d by it or the use of any facility

(c) s ~ c h m s as may beallocated b m time to time to theCommission b m esearch or education gmts or fiwm loan fundsand

(d)all o t h a m s r property which may in any manner becomepayable to or vested in the Commission in respect of any matterincidental to its functions

(2) The expenses of the Commission including the remunerationof members md employees shall be paid out of the funds of theCommission

~BDPKCDLO 16 All moneys s f the Commission not q u i r e d to be expended fork v a the purpose of meeting any of the obligations or discharging any of them finctions of the Commission may be invested in such securities as the

Commission may afier consultation with the Minister responsible forfinance consider appropriate and the Commission may sell all or any of suchsecurities

d 17---(I) The Commission shall keep proper accounts and other records inmlation to its business and shall prepare mually in msgect of each financialyear a statement of accounts in a form satisfactory to the Minister beinga form which eon foms with established accounting principles

(2) The accounts of the Commission shall be audited annually by anauditor or auditors appointed by the Commission and approved by theMinis-

(3) The members ofticers and employees ofthe Commission shall-

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ANTI-DOPING IN SPORT 3 1

(a) grant to the auditor appointed under sub-paragraph (2) accessto all books documents cash and securities of the Commissionand

(b) give to the auditor on request all such information as may be

within their knowledge in relation to the Commissions operations

(4) The auditors fees and any expenses of the audit shall be paid bythe Commission

(5) The Auditor-General shall be entitled at all reasonable times toexamine the accounts and other records in relation to the business of theCommission

l8-(l) The Commission shall within six months afterthe end of each A n n d

financial year or within such longer priod as the Minister may in spcialcircumstances allow cause to be made and transmit to the Minister a regort edi-

dealing generally with the activities of the Commission during the precedingyear including-

(a) a statement of its accounts audited in accordance with paragraph 17

(b) a statement of the outcomes and findings of its annual testing

programme including satis tical information on-(i) the provision of samples by athletes

(ii) the testing of samples so provided and

(iii) the extent of the participation of ~ a ti o na l sportingorganizations in testing programmes operated or suppofldby the Commission

(c) the results of Anti-Doping research undertaken by or supported bythe Commission

(4 summary of the education and public information programmesundertaken by or supported by the Commission and

(e) particulars of the extent to which the Commission has compllidwith and achieved the objectives of any sb-ategic plan and theoperational plan in force during the financial year to which theregort relates

(2) The Minister shall cause copies of the report together with the

a n n u l statement of accounts and the auditors report thereon to belaid on theTable of the House of Representatives and of the Senate

(3) The Commission shall before a date specified by the Minisampsubmit to the Minister for his approval estimates of revenue and expenditurefor the ensuing year

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32 ANTI-DOFING IN SPORT

Exemption 1 The income of the Commission shall be exempt fiom incomefminsome

tax

SECOND CHEDULE (Seaion 18)

Constirution of h e Jamaica Awi-Dop ing Disciplinary Panel

Cm d t u t h 141) The Disciplinary Panel shall consist of not more than nineOf Discipi- persons appointed as fol~ows-nsr)Pawl

(a) m chairman and two vice chairmen each of whom shall be legal

practitioners of not less than 18 years of experience

(b) three persons each of whom has been duly qualified medical

practitioners for not less than five years

(el three additioilal members each of whom shall be or has previously

been a spaas administrator or an athlete

(2) The chairman or in his absence the vice chairman shall

appoint three members frsm the panel to hear and determine each case

(3) Every hearing shall comprise of the chairman or a vice chairman

as chairman of the hearing panel one medical pmctitioner member and one- sp rt s dminismtosor athlete member

Tenurecf 2 The members shall be a~pointedby the Minister by instrument inofiw w-riting md shall subject to the provisions of this Schedule hold ofice for a

period of three years

lp 3 Every member shall be eligible for re-a~pointment

qipkmlm

~c t i ng 4 If my member is absent or unable to act the Minister may appoint anyWiatmesrtscerson to act in the glace of that member so however that such appointment

shdl be made in the same manner and frsm among the same category of

persons as would be required in h e case of a substantive appointment

Ip-b 5 The Minister may at any time revoke the appointment of any member

of the Disciplil~~~jymel if such member-8mm

(a) becomes ~f unsound mind or becomes pemanently unable to

p f o m his frsnctions by reason of i l l health

(b) is wnvicted and sentencedto a term of imprisonment

(6 ) hils withotit peasonable excuse to carny out any of the functions

m L d r ionposed on him under this Act or

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ANTI-DOPING IN SPORT 33

( 8 ) engages in such activities as are reasonably considered prejudicialto the interest of the Commission

16 There shall be paid to the members of the Disciplinary Panel such Remuneration

remuneration (whether by way of honorarium salary fees or allowances) as ofmembersthe Minister may determine

7 - (1 ) Any member other than the chairman may at any time resign Resignation

his office by instrument in writing addressed to the Minister and transmittedthrough the chairman and from the date of receipt by the Minister of suchinstrument that person shall cease to be a member

(2) The chairman may at any time resign his office by instrument

in writing addressed to the Minister and such resignation shall take effect asfrom the date of receipt by the Minister of that instrument

8 If any vacancy occurs in the membership of the Disciplinary Panel Fillingof

such vacancy shall be filled by the appointment of another member so vacancies

however that such appointment shall be made in the same manner and fromthe same category of persons as would be required in the case of the originalappointment

9 - ( l ) No proceedings shall be brought or instituted before any court or htection

tribunal personally against any member of the Disciplinary Panel in respect ofmembers

of any act done bo na jide in pursuance or execution or intended execution ofthis Act

(2) Where any member is exempt from liability by reason only ofthe provisions of this paragraph the Disciplinary Panel shall be liable to theextent that it would be if that member were an employee or agent of theDisciplinary Panel

10 The names of all members of the Disciplinary Panel sas first Gazettingof

constituted and every change therein shall be published in the Gazette membership

THIfttl SCHEDULE (Section 22)

Constitutionof the Jamaica Anti-Doping Appeals Tribunal

1 The Appeals Tribunal shall consist of sir person- ConstitutionofAppeals

(a) a chairman and vice-chairman k i n g both persons who have Panel

served as either a Judge of the Court of Appeal or of the SupremeCourt

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(b) persons who have served in-

Actingwepombmnts

Revocationof

appointment

Remunetation

Resignation

Filling ofvacancies

(i) the post of a Director of Public Prosecutions or a senior

member of staff of the Office of the Director of PublicProsecutions

(ii) sports administration for at least ten years

(iii) sports medicine for at least ten years

2 The members of the Appeals Tribunal shall be appointed by theMinister by instrument in writing and shall subject to the provisions of thisSchedule hold office for a period of three years

3 Every member shall be eligible for re-appointment

4 If any member of the Appeals Tniunal is absent or unable to performhis duties the Minister may appoint any person to act in the place of thatmember so however that such appointment shall be made in the samemanner and h m mong the same category of persons as would be requiredin the case of a substantive appointment

5 The Minister may at any time revoke the appointment of any memberof theCommission if such member-

(a) becomes of unsound mind or becomes pe-rmanently unable toperform his functions by w o n of i l l health

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

(c) fails without reasonable excuse to cany out any of the functionsconferred or imposed on him under this Act or

(4 ngages in such activities as are reasonably considered prejudicialto the interest of the Commission

6 There shall be paid to the members of the Appeals Tribunal suchremuneration (whether by way of honorarium salary fees or allowances) asthe Minister may determine

7-41) Any member other than the chairman may at any time resign hisoffice by instrument in writing addressed to the Minister and transmittedthrough the chairman and from the date of receipt by the Minister of suchinstrument that person shall cease to be a member

(2) The chairman may at any time resign his oflice by instrument inwriting addressed to the Minister and such resignation shall take effect asfrom the date of receipt by the Minister of that instrument

8 If any vacancy occurs in the membership of the Appeals Tribunal suchvacancy shall be filled by the appointment of another member so however

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that such appointment shall be made in the same manner and h m he samecategory of persons as would be required in the case of the original

appointment9+1) No proceedings shall be brought or instituted before any court Rotection

or tribunal personally against any member of the Appeals Tribunal in respect of members

of any act done bonafide in pursuance or execution or intended execution ofthis Act

(2) Where any member is exempt from liability by reason only of theprovisions of this paragraph the Appeals Tribunal shall be liable to theextent that it would be if that member were an employee or agent of the

Appeals Tribunal10 The names of all members of the Appeals Tribunal as first constituted Gazatingof

and every change therein shall be published in the Gmette Membenhip

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international sporting federation in relation to aparticular type of sport or event means the sportingbody having international control over that sport orevent

International Standard means a standard adopted by theWorld Anti-Doping Agency in support of the Codecompliance with which is s a c i e n t to conclude thatthe procedures addressed by that standard are

performed properly

JADCO TUEC means the Therapeutic Use ExemptionCommittee appointed under section 13

major event organizations means the continental asso-ciations of National Olympic Committees and otherinternational multi-sport organizations that function

_ a s he ruling body for any continental regional orother international event

marker means a compound group of compounds orbiological parmeters that indicates the use of a

prohibited substance or prohibited method

metabolite means any substance produced by abiotrmsformation process

minor meansa

person under the age of eighteen yearsWational Anti-Doping Organization means-

(a) an entity designated by a state as possessing theprimary authority and responsibility to adopt andimplement rules in that state which are equivalentto the Anti-Doping Rules d k t he collection ofsamples and the management of ttst results and

(6) where such designation has not been made by thecompetent public authority of a state that statesnational Olympic Committee or iamp designatee

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ANTI-DOPING IN SPORT

national event means a sporting event involvinginternational-level or national-level athletes that is not

an international eventnational-level athlete means an athlete other than an

international-level athlete who is designated bythe Commission or the ~aiio la al Anti-DopingOrganization to which he is subject as being withinthe Commissions or organizations Registered Test-ing Pool

national sporting organization in relation to a particularsport means-

(a) in respect of any country a sporting organi-zation that is recognized by the relevantinternational sporting federation as being theorganization responsible for administering theaflFsPigs of that sport or of a substantial part orsection of that sport in that country or

(6 ) in respect of a country other than Jamaica ifthere is no international sporting fderation inrelation to that sprt a sporting organizationthat is generally recognized as being res-ponsible for administering the affairs of thatspa or of a substantial part or section of thespa$ in that country or

(c) in respect of Jamaica whether or not there isan i n t e m t i o d sporting federation in relationto that sport a sporting organization that isreccpgnid by the Government of Jamaica oris generally recognized as being responsiblefor administering the aEairs of that sport or ofa substantial part or section of that sport in

Jamaicano-advance notice means doping control which takes

place with no advance waming to the athlete and

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ANgP-DOPING IN SPORT 9

where the athlete is continuously chaperoned from themoment of notification through to the p i n t where asample is provided

out-ofompetition means any doping control which isnot conducted in-competition

participant means any athlete or athlete supportpersonnel

Prohibited List means the Prohibited List published byWADA which identifies the prohibited slabstances aPmd

methods as amended hmn time totime

prohibited method m e w m y method so described onthe Prohibited List

prohibited substance means any substance so describedon the Prohibited List

Registered Testing Pool means the pool of athletesestablished separately by each intamtiom1 sportingfederation or National Anti-Doping Organization as

the case may Be who are subject to both in-competition and out-of-competition testing as part ofthat fderations or organizations test distributionplanning

sample or specimen means m y biological materidcollected for the pupo m s of doping m n m l

sporting organization inc8des an organization that-

(a) has control in a particular stateor put of a stateor internationally of one or more sports orsporting events

(b ) organizes or administers one or more sports orsporting events

(c) accredits persons to take part ir sportingcompetition

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(4 rovides teams to compete in sportingcompetition or

(e) trains or provides finance for a person to takepart in sporting competition

tampering means altering for any improper purpose or inan improper way bringing improper influence to bear

interfering improperly to alter results or preventnomid procedures fiom occurring

team sporthems a sport in which the substitution of

athletes is permitted during a competition

k s t i n g b e m the parts of the doping control processinvolving test distribution planning sample collectionsample -handling and sample transport to thelaboratory and kst shall be similarly construed

Therapeutic Use Exemptioq or WE eans anexemption granted in accordance with the Annex 11 ofthe UNESCO Anti-Doping Convention entitledStandards for Granting Therapeutic UseExemptions and the provisions of this Act and anyRules or Regulations made thereunder

trfficking in relation to a prohibited substance orprohibited method means selling giving adminis-tering transporting sending delivering or distribut-

ing as the case may be a prohibited substance orprohibited method to an athlete either directly orindirectly or through one or more third parties butdoes not include selling or distributing (by medicalpersonnel or by persons other than an athletessupport personnel) a prohibited substance for genuineand legal therapeutic purposes

UNESCO Anti-Doping Convention means the Inter-national Convention Against Doping in Sport adoptedby the UNESCO General Conference at Paris Franceon October 19 2005 and includes any amenheritsto the Convention that have entered into force for

- -- -lThc inclusion of h i s pap is auhorized by LS 12320ll(

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Jamaica

we in relation to a prohibited substance or prohibitedmethod m e w the application ingestion injection orconsumption by any means whatsoever of anyprohibited substance or prohibited method as the casemay be

World Anti-Doping Agency or WABA means thebody founded by the hternatiod OlympicCommittee and constituted as a foundation in

husanne Switzerland by an instrument of foundationsigned on November 10 1999 and named in thatinstrument a s the World Anpi-Doping Agency

3 The objects of this Act are to-

(a) promote a drug-free environment for sport andprovide athletes and athlete support personnel withprotection of their right to participate in h g - f k e

sport and thus promote h d t h fairness and quali tyfor d l participants in s p r t s and

(6) ensure harmonized coordinated and effective sportsanti-dgping programmes at the national levell andinternational level with regard to the detectiondeterrence and prevention of doping and

objectsofAct

(c ) respect the rights of individuals and national sportingorganizations by the application of f i r procedures forand meam to oversee doping control determinationof Anti-Doping Rules Violations and theirconsequences and other decisions made in the interestof drug-free sports

4 4 1 ) For the purposes of doping conml the following App1i68ti0

persons are governed by this Act-

(a) a person who has been selected to compete as arepresentative of Jamaica in an international sportingcompetition

Ime inclusion of (his pap is euchorizcd by LN t M O I I J

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(b ) a person who competes in a national sportingcompetition

(c) a person who has been assessed by a Jamaicannational sporting organization as having thepotential to represent Jamaica in an internationalsporting competition

(4 a person who competes as a member of a team ina sporting competition (whether held or to Be

held in or outside Jamaica) at a level whichinvolves participation of the following-

(i) teams that represent Jamaica or

(ii) teams that represent organizations inJamaica and contain members who havek n ssessed by a Jamaican nationalsporting organization as having the

potential to represent Jamaica inan

international sporting competition

(e) a person who competes in sprting competitionand-

(i) is receiving financial or other sport-related support from the Government ofJamaica or an agency of the Govern-

ment or

(li) is a party to an arrangement with theGovernment of Jamaica under which theperson will receive financial or othersport-related support fiom the Govern-ment or an agency of the Government

(i) who has been assessed by a nationalsporting organization or an internationalsporting federation as having reachedsuch a standard of performance in the

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ANTI-DOPING IN SPORT

field of sporting activity in which hecompetes as to be capable of represemt-

ing in international sporting competitionthe country of which he is a citizen or inwhich he is oqiinarily resident and

(ii) in respect of whom the Commission has

been requested by a National Anti-Doping Organization of a country otherthan Jamaica to obtain a sample for

testing or(g ) a person whose name is entered on the

Commissions Registered Testing Pool ofinternational-level and national-level athletes andwho--

(i) has been notified of his inclusion in theCommissions Registered Testing Pool

and(ii) as a direct result of having his name so

entered is required to file quarterlywhereabouts information with the Com-mission on forms provided by the om-mission which s p i f l on a daily basisthe locations and times where theathlete will be residing training or

competing

(2) Subject to subsection (3 person who at anyparticular time-

(a) is in training or has at any time within the precedingtwelve months trained to compete in a sportingcompetition or

(8) has at any time within the preceding twelve monthscompeted in a sporting competition

is deemed for the purposes of subseetion (1) to be a person whocompetes in a sporting competition

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(3) For the purposes of this Act a person is deemed notto have been an athlete at a particular time if the person had-

(a) given prior written notification to the relevant nationalsporting organization that he had retired from takingpart iam sporting competition

(b ) not since the written notification was given takenpart in a sporting competition and

( c ) been informed by the Commission that he no longersatisfies the criteria for inclusion in the RegisteredTesting Pool

(4) A person who has given written notice of retirementfrom taking part in sporting competition to the relevant nationalsporting organization and who is not serving a period ofineligibility may not resume competing d e s s he has given theCommission at least twelve months prior written notice that heexpects to return to competition and is available for no-advancenotice out-of-competition testing during the period

PART 1 Jamaica Anti-Doping CommissionEstablishment and Functions

-lisBlmmt --(I) There is hereby established for the purposes of thisofJmb

~ n t i - w m g Actp a M y o be called the Jamaica Anti-Doping Commissionammissio which shall be a body corporate to which section 28 of the

Interpretation Act appliesFirst ( 2 )The provisions of the First Schedule shall have effectSckduie

as to the constitution and procedure of the Commission andotherwise in relation thereto

Fm-of 6-41) The Commission shall perform such functions as areChmission

necessary to facilitate the control and prevention of doping insports including-

( a ) implementing the policies and programm es of theGovernment against doping in sport

(b ) doing dl things necessary to comply with andimplement any Article of the Code

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ANTI-DOPING nsJ SPORT

(c) planning implementing and monitoring informationand education progammes aimed at educating

athletes athlete support personnel parents the mediaand the general public in Jamaica about doping insport matters such as-

(i) the health consequences of doping

(ii) the harm of doping to the ethical values ofsport

(iii) prohibited substances and prohibited methods

(iv) therapeutic use exemptions

(v) nutritional supplements

(vi) doping control procedures and resultsmanagement

(vii) the athletes rights and responsibilities inregard to doping in sport and the con-sequences of committing an Anti-DopingRules violation

(4 establishing a register for the Registered Testing Poolof national-level and international-level Jamaicaathletes who are citizens or residents of and noting

such athletes and relevant national sporting oiganiz-ations of entries made in the register

(e) directing the anti-doping programme of the Govew-ment specific to sports including conducting testing ofathletes planning coordinating and implementing thecollection of samples the management of test resultsand conducting hearings in keeping with the man-

datory international standards set out in the Code

ugt testing any athlete whether or not he is a citizen orresident of Jamaica-

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MI-DOPIMG IM SPORT

(g) notifjhg test results to athletes a d as the case maybe g o v m e m t s of countries other than Jamaica anti-

doping organizations of other countries or othersignatodes to the Code in accordance with bilateral ormdpilrateaca9 agreements entered into by Jamaica withsuch governments organizations or signatories

(h) entering into reciprocd testing agreements withN a t i o d Anti-Doping Organizations outside Jamaicain relation to any athlete

(0 encouraging and facilitating the negotiation by anys-porting organization and Anti-Doping Organization of

my agreement permitting their members to be testedby authorized doping control teams h r n othercom~a

63 mpmtiarg with the testing and education initiativesof WW A and other antidoping organizations

(k) supporting encouraging conducting and promotingresearch stbout doping in sport matters that contributesto the development and implementation of eficientantidoping programmes

(I) consulting with advising and assisting-

(i) G o v e m e n t departments and agencies local

authorities the Jamaica Olympic Associa-tion national sporting organizations andother bodies or persons on any mattersconcerned with doping in sport issues andrelated matters

(ii) foreign government and non-governmentalorganizations and other persons outside ofJamaica for the purpose of promoting theadoption of uniform international testingprocedures for doping in sport

(m) publishing and making available the Prohibited Listand any revision thereof to athletes and as such all

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ANTI-DOPING IN SPORT

athletes shall be deemed to accept the Prohibited Listand any amendments thereto as binding upon

them

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

(0 ) performing any other h c t i o n s relating to doping insport that are conferred on the Commission by this orany other enactment and

07) generally taking all steps necessary or desirable to

achieve the purposes of this Act(2) In the performance of its functions the Com-

mission-

(a) shall establish for its use and for the use of itscommittees procedures that are appropriate and fair inthe circumstances

(b) shall develop appropriate procedures t+

(i) reflect the needs of athletes who are underthe age of eighteen years and

(ii) reflect the culture and any disabilities orother special concerns of athletes and

(iii) protect each athletes right to privacy

(c ) may impose fees or charges for the provision of

information advice or other services requested of theCommission (other than for information requested byan athlete relating to the athlete)

(3) The powers of the Commission may be exercised ina state other than Jamaica in relation to athletes who are citizensof Jamaica subject to the approval of the relevant foreign stateor relevant national sporting organization of such state

7 4 1 ) The Minister may after consultation with the Chair- Ministarnaygive direc-

man of the Commission give to the Commission directions in tions to

writing of a general character as to the policy to be followed by COmrnissi

the Commission in the performance of its functions as appear to

JThe inclusion of this page ip authorized by LK 123ROlll

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ANTI-DOPING IN SPORT

the Minister to be necessary in the public interest and theCommission shall give effect thereto

(2) Directions given under subsection (1) shall not relateto-

(a) a particular athlete or particular athlete supportpersonnel or

(b) doping control

(3) The Commission shall comely with any directionsgiven under subsection (1)

powerco $--(I) The Commission may with the written approval ofM-the Minister delegate any of its functions under this Act (otherthan the power of delegation) to any member officer or agent ofthe Commission

(2) A delegation under subsection (1) i s ~ v o c a b l ey the

Commission in d the delegation of a function shall not precludethe performance of the delegated function by the Commission

P m 11 Anti-Doping Rules

9 The Commission may with the approval of the Ministermaymake~ l e s make d e s (in this Act referred to as the Anti-Doping Rules)

generally for controlling the occurrence of doping in sports and

for carrying out the objects of this Act and without limitingthe generality of the foregoing such d e s may provide for-

(a) initiating implementing or enforcing any part of thedoping control process

(b) analysis of samples

(c) athlete whereabouts information

(4 consequences of Anti-Doping Rules violation

(e) assessment of costs for disciplinary hearings

results management

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ANTI-DOPING IN SPORT 19

10--(I) Except in any case where an athlete holds a ~nti- oping

Therapeutic Use Exemption Certificate and is in compliance

with the terms of such Therapeutic Use Exemption Certificatethe athlete shall be liable for the presence of any prohibitedsubstance or its metabolites or markers found in his body

(2) Subject to the exception mentioned in subsection(I) a reference in this Act to an Anti-Doping Rules violationshall mean any one of the following-

(a) the presence of a prohibited substance or its meta-bolites or markers in an athletes specimen

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

(c ) refusing or failing without compelling justification tosubmit sample collection after notification asauthorized in applicable Anti-Doping rules or

otherwise evading sample collection(4 violation of applicable requirements regarding athlete

availability for out-of-competition testing includingfailure to provide required whereabouts informationand missed tests which are declared based onreasonable rules which comply with the InternationalStandard for testing

(e) tampering or attempting to tamper with any part ofdoping control

V) possession of prohibited substances or prohibitedmethods

(g) trafficking in any prohibited substance or prohibitedmethod

(h) administration or attempted administration of aprohibited substance or prohibited method to anyathlete or assisting encouraging aiding abettingcovering up or any type of complicity involving anAnti-Doping Rules violation or any attemptedviolation

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Therapeutic Use Exemption

Therapeutic

use81-41) An athlete with a medical condition requiring the

Exemption use of a Prohibited Substance or Prohibited Method shall firstCmihk obtain a Therapeutic Use Exemption Certificate in accordance

with the provisions of this Act the Anti-Doping Rules and theInternational Standard for Therapeutic Use Exemption fromJADCO TUEC or as the case may require the internationalsporting federation under whose control the athletecompetes

(2) Notwithstanding the provisions of subsection (I) aninternational-level athlete or athlete who participates ininternational events shall apply to the international sportingfederation concerned for the Therapeutic Use ExemptionCertificate except in emergency situations no later than twenty-one days before the athletes participation in an internationalsporting event or otherwise provided for in the Anti-Doping

rules of that international sporting federation and provide toJADCO TUEC a copy of such aun application prior to theinternational event

(3) The application for a Therapeutic Use ExemptionCertificate ampom an athlete shall--

(a) be made immediately after the athlete becomes awarethat the use of a Prohibited Substance or Prohibited

Method is required and

(b) subject to any circumstance of emergency be obtainedprior to the athletes participation in any competitionor event

(4) Where an athlete who is subject to testing and hasbeen granted a Therapeutic Use Exemption Certificate by aninternational sporting federation the athlete shall immediately

report the granting of the Therapeutic Use Exemption Certificateto WADA JADCO TUEC and to the relevant national sportingorganization and shall provide to JADCO TUEC all the relevantif in n a ti o n and documentation

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(5)Every national level athlete and athleteparticipating in national events shall obtain a Therapeutic Use

Exemption Certificate fiom the SAIDCO TUEC unless such anathlete has previously received a Therapeutic Use ExemptionCertificate fiom can international sporting federation md suchTherapeutic Use Exemption Certificate is still vdid and thegrant of which has been previously reported to the JADCOTUEC and the Commission

1241) An application for a Therapeutic Use Exemption Application

Certificate to the JAIDCO TUEC shall be made in accordance Ezmwwith the International Standard for Therapeutic Use Exemption withinternational

(2) The athlete on whose behalf the application has

been made shdl provide written consent for the transmissionof-

(a) d l information pertaining to the application to theSADCO WEC and as required other independent

medical or scientific experts and to all necessary staffinvolved in the management or review of TherapeuticUse Exemptions

(b) the decision of SAC0 TUEC to be distributed toWAIDA and to other relevant Anti-Doping Orghzza-tions under the provisions of the Code

1341) The Coxnmission shall appoint a Committee to bew i n - 8

of aheknown as he J m d c a Anti-Doping Therapeutic Use Exemption -Committee (in this Act known as JADCO PPJIEC)consisting aherapeuaic

of six duly qualified medical practitioners Use

Exemlptiowcommittee

(2) The appointment of every member of the JADCOTUEC shall be evidenced by an instrument in writing whichshall state the period of o fi ce of the member not e x d i n gthree y e m as the Commission may specify in the instrument

and each member shall be eligible for re-appointment

(3) The Commission shall appoint one of the membersof the JADCO TUEC to be the Chairperson thereof

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Fampons

of JADCOTUEC

NotificationofTherapeuticUseExemption

WADA mayreview andrevmeTUECertificate

(4) The JADCO TUEC sh dl act independently of theCommission and shall not have any other official responsibility

within the Commission(5) Where any member of the JADCO FUEC is

connected with an athlete (having regkd to their familialbusiness or other relationship) or has an interest in any nationalsporting organization or international sporting federation such amember is excluded fiom considering any application forTherapeutic Use Exemption fiom that athlete or as the case maybe any athlete who is a member or participant in a sporiing eventorganized or sanctioned by the international sporting federationor national sporting organization in which he has an interest

14 The hcc tions of the JADCO TUEC shall be to-

(a) receive and exmine applications from national-levelathletes for Therapeutic Use Exemption Certificates

(6) g m t Therapeutic Use Exemption Certificates

(c) revoke Therapeutic Use Exemption Certificates

(4 perform any other fipnctions that are conferred orimposed on it by this Act

15--(I) The JADCO TUEC shall promptly notify theCommission of its decision to grant a Therapeutic UseExemption Certificate

(2) The Commission upon being notified by JADCOTUEC of the grant of a Therapeutic Use Exemption Certificateshall notify WADA thereof

16 Where the JADCO TUEC has made a decision to grantor deny the grant of a Therapeutic Use Exemption Certificate toan athlete WADA at the request of the athlete or on its own initiative may review the p t r denial of the Therapeutic UseExemption Certificate and where WADA determines that the

granting or denial of such Therapeutic Use ExemptionCertificate did not comply with the International Standard forTherapeutic Use Exemption in force at the time then WADAmay reverse the decision to grant or deny the Therapeutic Use

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Exemption Certificate

17 Tlhe C O ~ I ~ S S ~ O ~hall tecognk the results of laboratory Recognition

d y s i s by other anti-doping organizations once conducted in 0 2 f t ~ faccordance with the WADA International Standard for Dopin

Testing o l g a n d ~ n ~

PART W isciplinary Panel Appeals

18 There is established for the purposes of this Act a M y listm mat

to be d l e d the Jamaica Anti-Doping Disciplinary Panel and theprovisions of the Second Schedule shall have effect as to the hti- oping

constitution and pmcedw of the Disciplinary Panel and Fzhqotherwise in relation thereto second

Schedule

19 Where it appears that there has been an Anti-Doping CommissionI 0der

Rules violation the Commission shall refa the matter to theDisciplinary Panel hearing

20--41) The functions of the Disciplinary Panel shall be Functi0mof

to- the Anti-Doping~ i amp i amp n q

( a ) receive examine and hear evidence relating to an -I

Anti-Doping R des violation

(8) conduct disciplinary hearings related to Anti-DopingRules violations referred to it by the Commission

( c ) determine whether a violation of the Anti-DopingRules has occurred

(4mpose consequences of Anti-Doping Rules yiola-tions

( e ) perfom any other functions that are conferred orimposed on the Disciplinary Panel by this Act

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ANT-DOPINGIN SPORT

EstablishmentofJamaicaAnti-DopingAppealsTribunalThirdSchedule

(2) The Disciplinary Panel shdl consequent onreceiving a written reference h m he Commission asserting an

Anti-Doping rules violation-

(a) within fourteen days of the date of receipt of thereference commence a hearing

(b) within twenty days of the date of receipt of thereference issue a written decision

(c ) within thirty days of the date of receipt of the

reference issue written reasons for the decision givenin paragraph (b)

2 1 4 1 ) Subject to section 23 where-

(a) any athlete or other person who is the subject of thedecision being ap p d e d

(b) the C om iss io n

(c ) the relevant international sporting federation

(8 ) relevant nationd sporting organization

(e) the Jamaica Olympic Association

WADA

is aggrieved by a decision of the Disciplinary Panel that personor body may witkin fourteen days of the decision of theDisciplinary Panel and in the prescribed m m e r lodge magpeal with the Appeds Tribunal established under section 22against any decision of the Disciplinary Panel

(2) Every decision of the Disciplinary Pm el in respectof a Anti-Doping Rules violation shdl remain in effect duringthe appeal process unless the Appeal Tribunal otherwiseorders

2 2 4 1 ) For the purposes of an appeal under section 21there is hereby established an Appeds Tribunal to be calledthe Jamaica Anti-Doping Appeals Tribunal constituted inaccordance with the Third Schedule

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ANTI-DOPIAG IN SPORT

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

(a) PO hear and determine issues arising fiom a decision ofthe Disciplinary Panel-

(i) that an Anti-Doping Rules violation wascommitted

(ii) imposing consequences of an Anti- DopingRules violation

(iii) ohat ara Anti-Doping Rules violation was not

committed(iv) that an anti-doping orgmimtion lacks

jurisdiction to rule on an Anti-Doping Rulesviolation or consequences of rn Anti-DopingRules violation

(v) to impose a provisional suspension as a result

of a paovisiond hearing

(b ) to determine the consequences of an Anti-DopingR d es violation to to mposed

(c) to perform any other hctions hat me c o n f e d orimposed on the Appeals T r i b d by virtue of this Act

(3) The Appeds T r i b d shdl consequent on thelodging of an appeal under subsection (1)-

(a) within twenty-one days of lodging receive h a mdex m in e the evidence relating to the ap

(b) within thirty days of the date of lodging issue ao

written decision

(c) within sixty days of the date of l dgin g issue writtenreasons for the decision

(4) kra appeal shdl not in its entirety exceed three

months except in extenuating c k w n a m c e s

23 M e r e an appeal is in respect of an i n t e m ~ o dvent ~ S O F

iclkrdonellor a m e nvolving an nternational-level athlete the decision of amp

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ANTI-DOPING IN SPORT

the Disciplinary Panel may k appealed directly to the Court ofArbitration

Apr of 24-41) Any decision by WADA reversing the grant of aTherapeutic Use Exemption Certificate or as the case be the

d refusal to grant may be appealed directly by the athlete or theUw

~xwptimCommission to the Court of Arbitration

M B e (2) Where an international-level athlete has made an

application for a Therapeutic Use Exemption Certificate andthe international sporting federation has reksed to grarnt

such Therapeutic Use Exemption Certificate the athlete mayappeal exclusively to the Court of Arbitration in respect ofthe refusal to grant the Therapeutic Use ExemptionCertificate

(3) Where the JADCO TUEC has refused to grant aTherapeutic Use Exemption Certificate to a national-levelathlete the athlete may make an appeal to the Appeals Tribunal

(4) Where the Appeals Tribunal reverses the decision ofthe JADCO TklEC to grant a Therapeutic Use ExemptionCertificate WADA may appeal to the Court of Arbitration

Miscellaneous

canmtaity 25-41) Every-

(a ) member of the Commission(b) officer m d employee of the Com is si on

(c) expert retained by the Commission to m i s t in itsinvestigations and delikrations

(4 ember of the Appeals Tribunal

(e ) member of the JADCO TUEC

V) member of the Disciplinary Panel

shall keep secret and confidential all information coming to hisknowledge in the course of the administration of this Act exceptin so far as the Commission authorizes that pason to releasethat information

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ANTI-DOPING IN SPORT

(2) Any person who contravenes subsection (1) shd lbe guilty of an offence and s M l be liable on smw

conviction in a Resident Magistrates Court to a fine notexceeding one million dollars

26-41) The Minister may make regulations generally for awlations

giving effect to the provisions of this Act and without prejudiceto the generality of the foregoing the regulations may pmvidefor-

(a) the determination and collection of fees m d charges in

connection with the exercise of the Ruactions of theCommission

(b) the keeping of such records as the Minister may

require for the pwposes of this Act

(c) the forms to be used for the ppsrposes of this Act and

(4 mything required by this Act to be prescribed

(2) Regulations made under subsection (1) may pmvidefor the imposition of a penalty on summary conviction in a

Resident Magistrates Cowt of a fine not ex ce din g one milliondollars or a term of imprisonment not e x d i n g six months orboth such fine and imprisonment

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Constitution and Procedure of the Jamaica Anti-Doping Commission

1 The Commission shall consist of the following mem krs-

(a) not less than nine md not more than thirteen persons who theMinister is satisfied am of high integrity and able to exercise soundjudgment in faz8filling their responsibilities under this Act

(heminafter r e f e d to asappointed memkmsn)

(b) the Executive Director of the Commission and the PemmentSempary or his nominee (heminailer r e f e d to as ex-officiomembers)

2 The appointed members of the Commission shall be appointed by theMinister by instrument in writing and shall subject to the provisions of thisSchedule hold office for a pmisd of three years

3 Every appointed member shall be eligible for re-appointment

4 4 1 ) The Minister shdl appoint a chairman and a deputy chairman fromamong the appointed members

(2) ln the case of absence or inability to act of the chaiman thedeputy chairman shall perform the functions of the chaiman

(3) In the case of absence or inability to act of both the chairman and

deputy chairman the Minister may appoint any other member to perform thefunctions of the chairman or as he case may be the deputy chairman duringsuch absence or incapacity

5 If any member is absent or unable to pedorm his duties due to absenceor illness the Minister may appoint any person to act in the place of that

member so however that such appointment shall be made in the m emanner and fiom among the same category of p o n s as would be requiredin the case of a substantive appointment

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

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

(6) is convicted and sentenced to a tenn of imprisonment

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

(4 ngages in such activities as are reasonably consided prejudicialto the interest of the Commission

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M I- D O P IN G IN SPORT 29

7 Thew shall be paid to the members of the Commission such ~mlanaretfol~

remuneration (whether by way of honowriurn salary fees or allowances) as of^^

the Minister with responsibility for the public service may determine

8 Fiye members of the Commission shall form a quorum at any m m

meeting

9 - 4 1 ) An appointed member other than the chahan may at any time Resignation

resign his office by instrument in writing addressed to the Minister and

transmitted through the chairman and fiom the date of receipt by the Minister

of such instrument that person shall cease to be a member

(2) The chairman may at any time resign his office by instrument

in writing addressed to the Minister and such resignation shallrtake eflst

as from the date of receipt by the Minister of that insitmment

10 If any vacancy occurs in the membership of the Commission Fillingof

such vacancy shall be filled by the appointment of another member vrmcmcics

B 1 4 1) No p w i n g s shall be brought or instituted before any co w or meah

tribunal personally against any member of the Commission in respect of my of ~~~act done bonaflde in pursuance or execution or intended execution of this

A n

(2) Where any member is exempt from liability by reason only ofthe provisions of this paragraph the Commission shall be liable to the extent

that it would be if that member were an employee or agent of the

Commission

I f The names of all members of the Commissionas first constimed and Gazetting of

every change therein shall be published in the Gazette ~ h h i p

Administrbrion and Fdnance

1341) The Commission shall appoint and employ at such remuneration ampin-8

and on such terms and conditions as it thinks fit an Executive Director a zySecretary and such other officers employees and agents as it considers mflom

necessary for q e proper carrying out of its functions

(2) Notwithstanding sub-paragraph (1)-

(a) a salary in excess of the prescribed rate shall not be assigned to

any post without the prior approval of the Minister and

(b) an appointment shall not be made to any post to which a salary in

excess of the prescribed rate is assigned without the prior approval

of the Minister

(3) In this section prescribed me means such rate as thk

Minister with responsibility for the public service may by order prescribe

IThe lndluioe of this pap is authorired by LN 1232011(

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38 M-DOPING N SPORT

W i 14 The Commission may with the written appmval of the Minister-gmwitksmd

~iharuirimg (a) enter into ammgements respecting schemes whether by way of

bencri insurance policies of otherwise or(6) make regulations

for medical h e f i 4 pensions gratuities and other retiring benefits ordisability or death benefits relating to employees of the Commission andsuch arrangements or regulations may include provisions for the g m t ofbenefits to the dependants and the legal personal representatives of suchemployees

Fundo lad 1 5 4 1) The dunds and resources of the Commission shall consist of-fsaufca ofC g m n i h (a) such funds as may be provided by Parliament for the Commission

in the annual Estimates of Revenue and Expenditum

(b) revenues ampom fees and charges impsed by the Commission form y -ices p d d d by it or the use of any facility

(c) s ~ c h m s as may beallocated b m time to time to theCommission b m esearch or education gmts or fiwm loan fundsand

(d)all o t h a m s r property which may in any manner becomepayable to or vested in the Commission in respect of any matterincidental to its functions

(2) The expenses of the Commission including the remunerationof members md employees shall be paid out of the funds of theCommission

~BDPKCDLO 16 All moneys s f the Commission not q u i r e d to be expended fork v a the purpose of meeting any of the obligations or discharging any of them finctions of the Commission may be invested in such securities as the

Commission may afier consultation with the Minister responsible forfinance consider appropriate and the Commission may sell all or any of suchsecurities

d 17---(I) The Commission shall keep proper accounts and other records inmlation to its business and shall prepare mually in msgect of each financialyear a statement of accounts in a form satisfactory to the Minister beinga form which eon foms with established accounting principles

(2) The accounts of the Commission shall be audited annually by anauditor or auditors appointed by the Commission and approved by theMinis-

(3) The members ofticers and employees ofthe Commission shall-

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ANTI-DOPING IN SPORT 3 1

(a) grant to the auditor appointed under sub-paragraph (2) accessto all books documents cash and securities of the Commissionand

(b) give to the auditor on request all such information as may be

within their knowledge in relation to the Commissions operations

(4) The auditors fees and any expenses of the audit shall be paid bythe Commission

(5) The Auditor-General shall be entitled at all reasonable times toexamine the accounts and other records in relation to the business of theCommission

l8-(l) The Commission shall within six months afterthe end of each A n n d

financial year or within such longer priod as the Minister may in spcialcircumstances allow cause to be made and transmit to the Minister a regort edi-

dealing generally with the activities of the Commission during the precedingyear including-

(a) a statement of its accounts audited in accordance with paragraph 17

(b) a statement of the outcomes and findings of its annual testing

programme including satis tical information on-(i) the provision of samples by athletes

(ii) the testing of samples so provided and

(iii) the extent of the participation of ~ a ti o na l sportingorganizations in testing programmes operated or suppofldby the Commission

(c) the results of Anti-Doping research undertaken by or supported bythe Commission

(4 summary of the education and public information programmesundertaken by or supported by the Commission and

(e) particulars of the extent to which the Commission has compllidwith and achieved the objectives of any sb-ategic plan and theoperational plan in force during the financial year to which theregort relates

(2) The Minister shall cause copies of the report together with the

a n n u l statement of accounts and the auditors report thereon to belaid on theTable of the House of Representatives and of the Senate

(3) The Commission shall before a date specified by the Minisampsubmit to the Minister for his approval estimates of revenue and expenditurefor the ensuing year

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32 ANTI-DOFING IN SPORT

Exemption 1 The income of the Commission shall be exempt fiom incomefminsome

tax

SECOND CHEDULE (Seaion 18)

Constirution of h e Jamaica Awi-Dop ing Disciplinary Panel

Cm d t u t h 141) The Disciplinary Panel shall consist of not more than nineOf Discipi- persons appointed as fol~ows-nsr)Pawl

(a) m chairman and two vice chairmen each of whom shall be legal

practitioners of not less than 18 years of experience

(b) three persons each of whom has been duly qualified medical

practitioners for not less than five years

(el three additioilal members each of whom shall be or has previously

been a spaas administrator or an athlete

(2) The chairman or in his absence the vice chairman shall

appoint three members frsm the panel to hear and determine each case

(3) Every hearing shall comprise of the chairman or a vice chairman

as chairman of the hearing panel one medical pmctitioner member and one- sp rt s dminismtosor athlete member

Tenurecf 2 The members shall be a~pointedby the Minister by instrument inofiw w-riting md shall subject to the provisions of this Schedule hold ofice for a

period of three years

lp 3 Every member shall be eligible for re-a~pointment

qipkmlm

~c t i ng 4 If my member is absent or unable to act the Minister may appoint anyWiatmesrtscerson to act in the glace of that member so however that such appointment

shdl be made in the same manner and frsm among the same category of

persons as would be required in h e case of a substantive appointment

Ip-b 5 The Minister may at any time revoke the appointment of any member

of the Disciplil~~~jymel if such member-8mm

(a) becomes ~f unsound mind or becomes pemanently unable to

p f o m his frsnctions by reason of i l l health

(b) is wnvicted and sentencedto a term of imprisonment

(6 ) hils withotit peasonable excuse to carny out any of the functions

m L d r ionposed on him under this Act or

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ANTI-DOPING IN SPORT 33

( 8 ) engages in such activities as are reasonably considered prejudicialto the interest of the Commission

16 There shall be paid to the members of the Disciplinary Panel such Remuneration

remuneration (whether by way of honorarium salary fees or allowances) as ofmembersthe Minister may determine

7 - (1 ) Any member other than the chairman may at any time resign Resignation

his office by instrument in writing addressed to the Minister and transmittedthrough the chairman and from the date of receipt by the Minister of suchinstrument that person shall cease to be a member

(2) The chairman may at any time resign his office by instrument

in writing addressed to the Minister and such resignation shall take effect asfrom the date of receipt by the Minister of that instrument

8 If any vacancy occurs in the membership of the Disciplinary Panel Fillingof

such vacancy shall be filled by the appointment of another member so vacancies

however that such appointment shall be made in the same manner and fromthe same category of persons as would be required in the case of the originalappointment

9 - ( l ) No proceedings shall be brought or instituted before any court or htection

tribunal personally against any member of the Disciplinary Panel in respect ofmembers

of any act done bo na jide in pursuance or execution or intended execution ofthis Act

(2) Where any member is exempt from liability by reason only ofthe provisions of this paragraph the Disciplinary Panel shall be liable to theextent that it would be if that member were an employee or agent of theDisciplinary Panel

10 The names of all members of the Disciplinary Panel sas first Gazettingof

constituted and every change therein shall be published in the Gazette membership

THIfttl SCHEDULE (Section 22)

Constitutionof the Jamaica Anti-Doping Appeals Tribunal

1 The Appeals Tribunal shall consist of sir person- ConstitutionofAppeals

(a) a chairman and vice-chairman k i n g both persons who have Panel

served as either a Judge of the Court of Appeal or of the SupremeCourt

lTbe Indunion or (bb page b rmthoritcd by LN IUnO l l l

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ANTILDOPING IiV SPORT

(b) persons who have served in-

Actingwepombmnts

Revocationof

appointment

Remunetation

Resignation

Filling ofvacancies

(i) the post of a Director of Public Prosecutions or a senior

member of staff of the Office of the Director of PublicProsecutions

(ii) sports administration for at least ten years

(iii) sports medicine for at least ten years

2 The members of the Appeals Tribunal shall be appointed by theMinister by instrument in writing and shall subject to the provisions of thisSchedule hold office for a period of three years

3 Every member shall be eligible for re-appointment

4 If any member of the Appeals Tniunal is absent or unable to performhis duties the Minister may appoint any person to act in the place of thatmember so however that such appointment shall be made in the samemanner and h m mong the same category of persons as would be requiredin the case of a substantive appointment

5 The Minister may at any time revoke the appointment of any memberof theCommission if such member-

(a) becomes of unsound mind or becomes pe-rmanently unable toperform his functions by w o n of i l l health

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

(c) fails without reasonable excuse to cany out any of the functionsconferred or imposed on him under this Act or

(4 ngages in such activities as are reasonably considered prejudicialto the interest of the Commission

6 There shall be paid to the members of the Appeals Tribunal suchremuneration (whether by way of honorarium salary fees or allowances) asthe Minister may determine

7-41) Any member other than the chairman may at any time resign hisoffice by instrument in writing addressed to the Minister and transmittedthrough the chairman and from the date of receipt by the Minister of suchinstrument that person shall cease to be a member

(2) The chairman may at any time resign his oflice by instrument inwriting addressed to the Minister and such resignation shall take effect asfrom the date of receipt by the Minister of that instrument

8 If any vacancy occurs in the membership of the Appeals Tribunal suchvacancy shall be filled by the appointment of another member so however

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ANTI-DOPING IN SPORT

that such appointment shall be made in the same manner and h m he samecategory of persons as would be required in the case of the original

appointment9+1) No proceedings shall be brought or instituted before any court Rotection

or tribunal personally against any member of the Appeals Tribunal in respect of members

of any act done bonafide in pursuance or execution or intended execution ofthis Act

(2) Where any member is exempt from liability by reason only of theprovisions of this paragraph the Appeals Tribunal shall be liable to theextent that it would be if that member were an employee or agent of the

Appeals Tribunal10 The names of all members of the Appeals Tribunal as first constituted Gazatingof

and every change therein shall be published in the Gmette Membenhip

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ANTI-DOPING IN SPORT

national event means a sporting event involvinginternational-level or national-level athletes that is not

an international eventnational-level athlete means an athlete other than an

international-level athlete who is designated bythe Commission or the ~aiio la al Anti-DopingOrganization to which he is subject as being withinthe Commissions or organizations Registered Test-ing Pool

national sporting organization in relation to a particularsport means-

(a) in respect of any country a sporting organi-zation that is recognized by the relevantinternational sporting federation as being theorganization responsible for administering theaflFsPigs of that sport or of a substantial part orsection of that sport in that country or

(6 ) in respect of a country other than Jamaica ifthere is no international sporting fderation inrelation to that sprt a sporting organizationthat is generally recognized as being res-ponsible for administering the affairs of thatspa or of a substantial part or section of thespa$ in that country or

(c) in respect of Jamaica whether or not there isan i n t e m t i o d sporting federation in relationto that sport a sporting organization that isreccpgnid by the Government of Jamaica oris generally recognized as being responsiblefor administering the aEairs of that sport or ofa substantial part or section of that sport in

Jamaicano-advance notice means doping control which takes

place with no advance waming to the athlete and

1 h dmbn d cbb page b a r h r b c d by LN lUltOll(

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ANgP-DOPING IN SPORT 9

where the athlete is continuously chaperoned from themoment of notification through to the p i n t where asample is provided

out-ofompetition means any doping control which isnot conducted in-competition

participant means any athlete or athlete supportpersonnel

Prohibited List means the Prohibited List published byWADA which identifies the prohibited slabstances aPmd

methods as amended hmn time totime

prohibited method m e w m y method so described onthe Prohibited List

prohibited substance means any substance so describedon the Prohibited List

Registered Testing Pool means the pool of athletesestablished separately by each intamtiom1 sportingfederation or National Anti-Doping Organization as

the case may Be who are subject to both in-competition and out-of-competition testing as part ofthat fderations or organizations test distributionplanning

sample or specimen means m y biological materidcollected for the pupo m s of doping m n m l

sporting organization inc8des an organization that-

(a) has control in a particular stateor put of a stateor internationally of one or more sports orsporting events

(b ) organizes or administers one or more sports orsporting events

(c) accredits persons to take part ir sportingcompetition

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ANTI-DOPING IN SPORT

(4 rovides teams to compete in sportingcompetition or

(e) trains or provides finance for a person to takepart in sporting competition

tampering means altering for any improper purpose or inan improper way bringing improper influence to bear

interfering improperly to alter results or preventnomid procedures fiom occurring

team sporthems a sport in which the substitution of

athletes is permitted during a competition

k s t i n g b e m the parts of the doping control processinvolving test distribution planning sample collectionsample -handling and sample transport to thelaboratory and kst shall be similarly construed

Therapeutic Use Exemptioq or WE eans anexemption granted in accordance with the Annex 11 ofthe UNESCO Anti-Doping Convention entitledStandards for Granting Therapeutic UseExemptions and the provisions of this Act and anyRules or Regulations made thereunder

trfficking in relation to a prohibited substance orprohibited method means selling giving adminis-tering transporting sending delivering or distribut-

ing as the case may be a prohibited substance orprohibited method to an athlete either directly orindirectly or through one or more third parties butdoes not include selling or distributing (by medicalpersonnel or by persons other than an athletessupport personnel) a prohibited substance for genuineand legal therapeutic purposes

UNESCO Anti-Doping Convention means the Inter-national Convention Against Doping in Sport adoptedby the UNESCO General Conference at Paris Franceon October 19 2005 and includes any amenheritsto the Convention that have entered into force for

- -- -lThc inclusion of h i s pap is auhorized by LS 12320ll(

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ANTI-DOPING IN SPORT

Jamaica

we in relation to a prohibited substance or prohibitedmethod m e w the application ingestion injection orconsumption by any means whatsoever of anyprohibited substance or prohibited method as the casemay be

World Anti-Doping Agency or WABA means thebody founded by the hternatiod OlympicCommittee and constituted as a foundation in

husanne Switzerland by an instrument of foundationsigned on November 10 1999 and named in thatinstrument a s the World Anpi-Doping Agency

3 The objects of this Act are to-

(a) promote a drug-free environment for sport andprovide athletes and athlete support personnel withprotection of their right to participate in h g - f k e

sport and thus promote h d t h fairness and quali tyfor d l participants in s p r t s and

(6) ensure harmonized coordinated and effective sportsanti-dgping programmes at the national levell andinternational level with regard to the detectiondeterrence and prevention of doping and

objectsofAct

(c ) respect the rights of individuals and national sportingorganizations by the application of f i r procedures forand meam to oversee doping control determinationof Anti-Doping Rules Violations and theirconsequences and other decisions made in the interestof drug-free sports

4 4 1 ) For the purposes of doping conml the following App1i68ti0

persons are governed by this Act-

(a) a person who has been selected to compete as arepresentative of Jamaica in an international sportingcompetition

Ime inclusion of (his pap is euchorizcd by LN t M O I I J

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(b ) a person who competes in a national sportingcompetition

(c) a person who has been assessed by a Jamaicannational sporting organization as having thepotential to represent Jamaica in an internationalsporting competition

(4 a person who competes as a member of a team ina sporting competition (whether held or to Be

held in or outside Jamaica) at a level whichinvolves participation of the following-

(i) teams that represent Jamaica or

(ii) teams that represent organizations inJamaica and contain members who havek n ssessed by a Jamaican nationalsporting organization as having the

potential to represent Jamaica inan

international sporting competition

(e) a person who competes in sprting competitionand-

(i) is receiving financial or other sport-related support from the Government ofJamaica or an agency of the Govern-

ment or

(li) is a party to an arrangement with theGovernment of Jamaica under which theperson will receive financial or othersport-related support fiom the Govern-ment or an agency of the Government

(i) who has been assessed by a nationalsporting organization or an internationalsporting federation as having reachedsuch a standard of performance in the

(Tbc h d m b m o f (bb page b rmhorhcd by LN lLULOlll

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ANTI-DOPING IN SPORT

field of sporting activity in which hecompetes as to be capable of represemt-

ing in international sporting competitionthe country of which he is a citizen or inwhich he is oqiinarily resident and

(ii) in respect of whom the Commission has

been requested by a National Anti-Doping Organization of a country otherthan Jamaica to obtain a sample for

testing or(g ) a person whose name is entered on the

Commissions Registered Testing Pool ofinternational-level and national-level athletes andwho--

(i) has been notified of his inclusion in theCommissions Registered Testing Pool

and(ii) as a direct result of having his name so

entered is required to file quarterlywhereabouts information with the Com-mission on forms provided by the om-mission which s p i f l on a daily basisthe locations and times where theathlete will be residing training or

competing

(2) Subject to subsection (3 person who at anyparticular time-

(a) is in training or has at any time within the precedingtwelve months trained to compete in a sportingcompetition or

(8) has at any time within the preceding twelve monthscompeted in a sporting competition

is deemed for the purposes of subseetion (1) to be a person whocompetes in a sporting competition

17be b d dw of (UP page b rmtborhcd by LN 143120111

i

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ANTP-DOPPNG IN SPORT

(3) For the purposes of this Act a person is deemed notto have been an athlete at a particular time if the person had-

(a) given prior written notification to the relevant nationalsporting organization that he had retired from takingpart iam sporting competition

(b ) not since the written notification was given takenpart in a sporting competition and

( c ) been informed by the Commission that he no longersatisfies the criteria for inclusion in the RegisteredTesting Pool

(4) A person who has given written notice of retirementfrom taking part in sporting competition to the relevant nationalsporting organization and who is not serving a period ofineligibility may not resume competing d e s s he has given theCommission at least twelve months prior written notice that heexpects to return to competition and is available for no-advancenotice out-of-competition testing during the period

PART 1 Jamaica Anti-Doping CommissionEstablishment and Functions

-lisBlmmt --(I) There is hereby established for the purposes of thisofJmb

~ n t i - w m g Actp a M y o be called the Jamaica Anti-Doping Commissionammissio which shall be a body corporate to which section 28 of the

Interpretation Act appliesFirst ( 2 )The provisions of the First Schedule shall have effectSckduie

as to the constitution and procedure of the Commission andotherwise in relation thereto

Fm-of 6-41) The Commission shall perform such functions as areChmission

necessary to facilitate the control and prevention of doping insports including-

( a ) implementing the policies and programm es of theGovernment against doping in sport

(b ) doing dl things necessary to comply with andimplement any Article of the Code

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ANTI-DOPING nsJ SPORT

(c) planning implementing and monitoring informationand education progammes aimed at educating

athletes athlete support personnel parents the mediaand the general public in Jamaica about doping insport matters such as-

(i) the health consequences of doping

(ii) the harm of doping to the ethical values ofsport

(iii) prohibited substances and prohibited methods

(iv) therapeutic use exemptions

(v) nutritional supplements

(vi) doping control procedures and resultsmanagement

(vii) the athletes rights and responsibilities inregard to doping in sport and the con-sequences of committing an Anti-DopingRules violation

(4 establishing a register for the Registered Testing Poolof national-level and international-level Jamaicaathletes who are citizens or residents of and noting

such athletes and relevant national sporting oiganiz-ations of entries made in the register

(e) directing the anti-doping programme of the Govew-ment specific to sports including conducting testing ofathletes planning coordinating and implementing thecollection of samples the management of test resultsand conducting hearings in keeping with the man-

datory international standards set out in the Code

ugt testing any athlete whether or not he is a citizen orresident of Jamaica-

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MI-DOPIMG IM SPORT

(g) notifjhg test results to athletes a d as the case maybe g o v m e m t s of countries other than Jamaica anti-

doping organizations of other countries or othersignatodes to the Code in accordance with bilateral ormdpilrateaca9 agreements entered into by Jamaica withsuch governments organizations or signatories

(h) entering into reciprocd testing agreements withN a t i o d Anti-Doping Organizations outside Jamaicain relation to any athlete

(0 encouraging and facilitating the negotiation by anys-porting organization and Anti-Doping Organization of

my agreement permitting their members to be testedby authorized doping control teams h r n othercom~a

63 mpmtiarg with the testing and education initiativesof WW A and other antidoping organizations

(k) supporting encouraging conducting and promotingresearch stbout doping in sport matters that contributesto the development and implementation of eficientantidoping programmes

(I) consulting with advising and assisting-

(i) G o v e m e n t departments and agencies local

authorities the Jamaica Olympic Associa-tion national sporting organizations andother bodies or persons on any mattersconcerned with doping in sport issues andrelated matters

(ii) foreign government and non-governmentalorganizations and other persons outside ofJamaica for the purpose of promoting theadoption of uniform international testingprocedures for doping in sport

(m) publishing and making available the Prohibited Listand any revision thereof to athletes and as such all

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athletes shall be deemed to accept the Prohibited Listand any amendments thereto as binding upon

them

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

(0 ) performing any other h c t i o n s relating to doping insport that are conferred on the Commission by this orany other enactment and

07) generally taking all steps necessary or desirable to

achieve the purposes of this Act(2) In the performance of its functions the Com-

mission-

(a) shall establish for its use and for the use of itscommittees procedures that are appropriate and fair inthe circumstances

(b) shall develop appropriate procedures t+

(i) reflect the needs of athletes who are underthe age of eighteen years and

(ii) reflect the culture and any disabilities orother special concerns of athletes and

(iii) protect each athletes right to privacy

(c ) may impose fees or charges for the provision of

information advice or other services requested of theCommission (other than for information requested byan athlete relating to the athlete)

(3) The powers of the Commission may be exercised ina state other than Jamaica in relation to athletes who are citizensof Jamaica subject to the approval of the relevant foreign stateor relevant national sporting organization of such state

7 4 1 ) The Minister may after consultation with the Chair- Ministarnaygive direc-

man of the Commission give to the Commission directions in tions to

writing of a general character as to the policy to be followed by COmrnissi

the Commission in the performance of its functions as appear to

JThe inclusion of this page ip authorized by LK 123ROlll

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ANTI-DOPING IN SPORT

the Minister to be necessary in the public interest and theCommission shall give effect thereto

(2) Directions given under subsection (1) shall not relateto-

(a) a particular athlete or particular athlete supportpersonnel or

(b) doping control

(3) The Commission shall comely with any directionsgiven under subsection (1)

powerco $--(I) The Commission may with the written approval ofM-the Minister delegate any of its functions under this Act (otherthan the power of delegation) to any member officer or agent ofthe Commission

(2) A delegation under subsection (1) i s ~ v o c a b l ey the

Commission in d the delegation of a function shall not precludethe performance of the delegated function by the Commission

P m 11 Anti-Doping Rules

9 The Commission may with the approval of the Ministermaymake~ l e s make d e s (in this Act referred to as the Anti-Doping Rules)

generally for controlling the occurrence of doping in sports and

for carrying out the objects of this Act and without limitingthe generality of the foregoing such d e s may provide for-

(a) initiating implementing or enforcing any part of thedoping control process

(b) analysis of samples

(c) athlete whereabouts information

(4 consequences of Anti-Doping Rules violation

(e) assessment of costs for disciplinary hearings

results management

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ANTI-DOPING IN SPORT 19

10--(I) Except in any case where an athlete holds a ~nti- oping

Therapeutic Use Exemption Certificate and is in compliance

with the terms of such Therapeutic Use Exemption Certificatethe athlete shall be liable for the presence of any prohibitedsubstance or its metabolites or markers found in his body

(2) Subject to the exception mentioned in subsection(I) a reference in this Act to an Anti-Doping Rules violationshall mean any one of the following-

(a) the presence of a prohibited substance or its meta-bolites or markers in an athletes specimen

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

(c ) refusing or failing without compelling justification tosubmit sample collection after notification asauthorized in applicable Anti-Doping rules or

otherwise evading sample collection(4 violation of applicable requirements regarding athlete

availability for out-of-competition testing includingfailure to provide required whereabouts informationand missed tests which are declared based onreasonable rules which comply with the InternationalStandard for testing

(e) tampering or attempting to tamper with any part ofdoping control

V) possession of prohibited substances or prohibitedmethods

(g) trafficking in any prohibited substance or prohibitedmethod

(h) administration or attempted administration of aprohibited substance or prohibited method to anyathlete or assisting encouraging aiding abettingcovering up or any type of complicity involving anAnti-Doping Rules violation or any attemptedviolation

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Therapeutic Use Exemption

Therapeutic

use81-41) An athlete with a medical condition requiring the

Exemption use of a Prohibited Substance or Prohibited Method shall firstCmihk obtain a Therapeutic Use Exemption Certificate in accordance

with the provisions of this Act the Anti-Doping Rules and theInternational Standard for Therapeutic Use Exemption fromJADCO TUEC or as the case may require the internationalsporting federation under whose control the athletecompetes

(2) Notwithstanding the provisions of subsection (I) aninternational-level athlete or athlete who participates ininternational events shall apply to the international sportingfederation concerned for the Therapeutic Use ExemptionCertificate except in emergency situations no later than twenty-one days before the athletes participation in an internationalsporting event or otherwise provided for in the Anti-Doping

rules of that international sporting federation and provide toJADCO TUEC a copy of such aun application prior to theinternational event

(3) The application for a Therapeutic Use ExemptionCertificate ampom an athlete shall--

(a) be made immediately after the athlete becomes awarethat the use of a Prohibited Substance or Prohibited

Method is required and

(b) subject to any circumstance of emergency be obtainedprior to the athletes participation in any competitionor event

(4) Where an athlete who is subject to testing and hasbeen granted a Therapeutic Use Exemption Certificate by aninternational sporting federation the athlete shall immediately

report the granting of the Therapeutic Use Exemption Certificateto WADA JADCO TUEC and to the relevant national sportingorganization and shall provide to JADCO TUEC all the relevantif in n a ti o n and documentation

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ANTI-DOPING IN SPORT

(5)Every national level athlete and athleteparticipating in national events shall obtain a Therapeutic Use

Exemption Certificate fiom the SAIDCO TUEC unless such anathlete has previously received a Therapeutic Use ExemptionCertificate fiom can international sporting federation md suchTherapeutic Use Exemption Certificate is still vdid and thegrant of which has been previously reported to the JADCOTUEC and the Commission

1241) An application for a Therapeutic Use Exemption Application

Certificate to the JAIDCO TUEC shall be made in accordance Ezmwwith the International Standard for Therapeutic Use Exemption withinternational

(2) The athlete on whose behalf the application has

been made shdl provide written consent for the transmissionof-

(a) d l information pertaining to the application to theSADCO WEC and as required other independent

medical or scientific experts and to all necessary staffinvolved in the management or review of TherapeuticUse Exemptions

(b) the decision of SAC0 TUEC to be distributed toWAIDA and to other relevant Anti-Doping Orghzza-tions under the provisions of the Code

1341) The Coxnmission shall appoint a Committee to bew i n - 8

of aheknown as he J m d c a Anti-Doping Therapeutic Use Exemption -Committee (in this Act known as JADCO PPJIEC)consisting aherapeuaic

of six duly qualified medical practitioners Use

Exemlptiowcommittee

(2) The appointment of every member of the JADCOTUEC shall be evidenced by an instrument in writing whichshall state the period of o fi ce of the member not e x d i n gthree y e m as the Commission may specify in the instrument

and each member shall be eligible for re-appointment

(3) The Commission shall appoint one of the membersof the JADCO TUEC to be the Chairperson thereof

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ANTI-DOPING IN SPORT

Fampons

of JADCOTUEC

NotificationofTherapeuticUseExemption

WADA mayreview andrevmeTUECertificate

(4) The JADCO TUEC sh dl act independently of theCommission and shall not have any other official responsibility

within the Commission(5) Where any member of the JADCO FUEC is

connected with an athlete (having regkd to their familialbusiness or other relationship) or has an interest in any nationalsporting organization or international sporting federation such amember is excluded fiom considering any application forTherapeutic Use Exemption fiom that athlete or as the case maybe any athlete who is a member or participant in a sporiing eventorganized or sanctioned by the international sporting federationor national sporting organization in which he has an interest

14 The hcc tions of the JADCO TUEC shall be to-

(a) receive and exmine applications from national-levelathletes for Therapeutic Use Exemption Certificates

(6) g m t Therapeutic Use Exemption Certificates

(c) revoke Therapeutic Use Exemption Certificates

(4 perform any other fipnctions that are conferred orimposed on it by this Act

15--(I) The JADCO TUEC shall promptly notify theCommission of its decision to grant a Therapeutic UseExemption Certificate

(2) The Commission upon being notified by JADCOTUEC of the grant of a Therapeutic Use Exemption Certificateshall notify WADA thereof

16 Where the JADCO TUEC has made a decision to grantor deny the grant of a Therapeutic Use Exemption Certificate toan athlete WADA at the request of the athlete or on its own initiative may review the p t r denial of the Therapeutic UseExemption Certificate and where WADA determines that the

granting or denial of such Therapeutic Use ExemptionCertificate did not comply with the International Standard forTherapeutic Use Exemption in force at the time then WADAmay reverse the decision to grant or deny the Therapeutic Use

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ANTI-DOPING IN SPORT

Exemption Certificate

17 Tlhe C O ~ I ~ S S ~ O ~hall tecognk the results of laboratory Recognition

d y s i s by other anti-doping organizations once conducted in 0 2 f t ~ faccordance with the WADA International Standard for Dopin

Testing o l g a n d ~ n ~

PART W isciplinary Panel Appeals

18 There is established for the purposes of this Act a M y listm mat

to be d l e d the Jamaica Anti-Doping Disciplinary Panel and theprovisions of the Second Schedule shall have effect as to the hti- oping

constitution and pmcedw of the Disciplinary Panel and Fzhqotherwise in relation thereto second

Schedule

19 Where it appears that there has been an Anti-Doping CommissionI 0der

Rules violation the Commission shall refa the matter to theDisciplinary Panel hearing

20--41) The functions of the Disciplinary Panel shall be Functi0mof

to- the Anti-Doping~ i amp i amp n q

( a ) receive examine and hear evidence relating to an -I

Anti-Doping R des violation

(8) conduct disciplinary hearings related to Anti-DopingRules violations referred to it by the Commission

( c ) determine whether a violation of the Anti-DopingRules has occurred

(4mpose consequences of Anti-Doping Rules yiola-tions

( e ) perfom any other functions that are conferred orimposed on the Disciplinary Panel by this Act

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EstablishmentofJamaicaAnti-DopingAppealsTribunalThirdSchedule

(2) The Disciplinary Panel shdl consequent onreceiving a written reference h m he Commission asserting an

Anti-Doping rules violation-

(a) within fourteen days of the date of receipt of thereference commence a hearing

(b) within twenty days of the date of receipt of thereference issue a written decision

(c ) within thirty days of the date of receipt of the

reference issue written reasons for the decision givenin paragraph (b)

2 1 4 1 ) Subject to section 23 where-

(a) any athlete or other person who is the subject of thedecision being ap p d e d

(b) the C om iss io n

(c ) the relevant international sporting federation

(8 ) relevant nationd sporting organization

(e) the Jamaica Olympic Association

WADA

is aggrieved by a decision of the Disciplinary Panel that personor body may witkin fourteen days of the decision of theDisciplinary Panel and in the prescribed m m e r lodge magpeal with the Appeds Tribunal established under section 22against any decision of the Disciplinary Panel

(2) Every decision of the Disciplinary Pm el in respectof a Anti-Doping Rules violation shdl remain in effect duringthe appeal process unless the Appeal Tribunal otherwiseorders

2 2 4 1 ) For the purposes of an appeal under section 21there is hereby established an Appeds Tribunal to be calledthe Jamaica Anti-Doping Appeals Tribunal constituted inaccordance with the Third Schedule

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ANTI-DOPIAG IN SPORT

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

(a) PO hear and determine issues arising fiom a decision ofthe Disciplinary Panel-

(i) that an Anti-Doping Rules violation wascommitted

(ii) imposing consequences of an Anti- DopingRules violation

(iii) ohat ara Anti-Doping Rules violation was not

committed(iv) that an anti-doping orgmimtion lacks

jurisdiction to rule on an Anti-Doping Rulesviolation or consequences of rn Anti-DopingRules violation

(v) to impose a provisional suspension as a result

of a paovisiond hearing

(b ) to determine the consequences of an Anti-DopingR d es violation to to mposed

(c) to perform any other hctions hat me c o n f e d orimposed on the Appeals T r i b d by virtue of this Act

(3) The Appeds T r i b d shdl consequent on thelodging of an appeal under subsection (1)-

(a) within twenty-one days of lodging receive h a mdex m in e the evidence relating to the ap

(b) within thirty days of the date of lodging issue ao

written decision

(c) within sixty days of the date of l dgin g issue writtenreasons for the decision

(4) kra appeal shdl not in its entirety exceed three

months except in extenuating c k w n a m c e s

23 M e r e an appeal is in respect of an i n t e m ~ o dvent ~ S O F

iclkrdonellor a m e nvolving an nternational-level athlete the decision of amp

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ANTI-DOPING IN SPORT

the Disciplinary Panel may k appealed directly to the Court ofArbitration

Apr of 24-41) Any decision by WADA reversing the grant of aTherapeutic Use Exemption Certificate or as the case be the

d refusal to grant may be appealed directly by the athlete or theUw

~xwptimCommission to the Court of Arbitration

M B e (2) Where an international-level athlete has made an

application for a Therapeutic Use Exemption Certificate andthe international sporting federation has reksed to grarnt

such Therapeutic Use Exemption Certificate the athlete mayappeal exclusively to the Court of Arbitration in respect ofthe refusal to grant the Therapeutic Use ExemptionCertificate

(3) Where the JADCO TUEC has refused to grant aTherapeutic Use Exemption Certificate to a national-levelathlete the athlete may make an appeal to the Appeals Tribunal

(4) Where the Appeals Tribunal reverses the decision ofthe JADCO TklEC to grant a Therapeutic Use ExemptionCertificate WADA may appeal to the Court of Arbitration

Miscellaneous

canmtaity 25-41) Every-

(a ) member of the Commission(b) officer m d employee of the Com is si on

(c) expert retained by the Commission to m i s t in itsinvestigations and delikrations

(4 ember of the Appeals Tribunal

(e ) member of the JADCO TUEC

V) member of the Disciplinary Panel

shall keep secret and confidential all information coming to hisknowledge in the course of the administration of this Act exceptin so far as the Commission authorizes that pason to releasethat information

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ANTI-DOPING IN SPORT

(2) Any person who contravenes subsection (1) shd lbe guilty of an offence and s M l be liable on smw

conviction in a Resident Magistrates Court to a fine notexceeding one million dollars

26-41) The Minister may make regulations generally for awlations

giving effect to the provisions of this Act and without prejudiceto the generality of the foregoing the regulations may pmvidefor-

(a) the determination and collection of fees m d charges in

connection with the exercise of the Ruactions of theCommission

(b) the keeping of such records as the Minister may

require for the pwposes of this Act

(c) the forms to be used for the ppsrposes of this Act and

(4 mything required by this Act to be prescribed

(2) Regulations made under subsection (1) may pmvidefor the imposition of a penalty on summary conviction in a

Resident Magistrates Cowt of a fine not ex ce din g one milliondollars or a term of imprisonment not e x d i n g six months orboth such fine and imprisonment

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ART-DOBlNG lN SPORT

Constitution and Procedure of the Jamaica Anti-Doping Commission

1 The Commission shall consist of the following mem krs-

(a) not less than nine md not more than thirteen persons who theMinister is satisfied am of high integrity and able to exercise soundjudgment in faz8filling their responsibilities under this Act

(heminafter r e f e d to asappointed memkmsn)

(b) the Executive Director of the Commission and the PemmentSempary or his nominee (heminailer r e f e d to as ex-officiomembers)

2 The appointed members of the Commission shall be appointed by theMinister by instrument in writing and shall subject to the provisions of thisSchedule hold office for a pmisd of three years

3 Every appointed member shall be eligible for re-appointment

4 4 1 ) The Minister shdl appoint a chairman and a deputy chairman fromamong the appointed members

(2) ln the case of absence or inability to act of the chaiman thedeputy chairman shall perform the functions of the chaiman

(3) In the case of absence or inability to act of both the chairman and

deputy chairman the Minister may appoint any other member to perform thefunctions of the chairman or as he case may be the deputy chairman duringsuch absence or incapacity

5 If any member is absent or unable to pedorm his duties due to absenceor illness the Minister may appoint any person to act in the place of that

member so however that such appointment shall be made in the m emanner and fiom among the same category of p o n s as would be requiredin the case of a substantive appointment

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

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

(6) is convicted and sentenced to a tenn of imprisonment

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

(4 ngages in such activities as are reasonably consided prejudicialto the interest of the Commission

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M I- D O P IN G IN SPORT 29

7 Thew shall be paid to the members of the Commission such ~mlanaretfol~

remuneration (whether by way of honowriurn salary fees or allowances) as of^^

the Minister with responsibility for the public service may determine

8 Fiye members of the Commission shall form a quorum at any m m

meeting

9 - 4 1 ) An appointed member other than the chahan may at any time Resignation

resign his office by instrument in writing addressed to the Minister and

transmitted through the chairman and fiom the date of receipt by the Minister

of such instrument that person shall cease to be a member

(2) The chairman may at any time resign his office by instrument

in writing addressed to the Minister and such resignation shallrtake eflst

as from the date of receipt by the Minister of that insitmment

10 If any vacancy occurs in the membership of the Commission Fillingof

such vacancy shall be filled by the appointment of another member vrmcmcics

B 1 4 1) No p w i n g s shall be brought or instituted before any co w or meah

tribunal personally against any member of the Commission in respect of my of ~~~act done bonaflde in pursuance or execution or intended execution of this

A n

(2) Where any member is exempt from liability by reason only ofthe provisions of this paragraph the Commission shall be liable to the extent

that it would be if that member were an employee or agent of the

Commission

I f The names of all members of the Commissionas first constimed and Gazetting of

every change therein shall be published in the Gazette ~ h h i p

Administrbrion and Fdnance

1341) The Commission shall appoint and employ at such remuneration ampin-8

and on such terms and conditions as it thinks fit an Executive Director a zySecretary and such other officers employees and agents as it considers mflom

necessary for q e proper carrying out of its functions

(2) Notwithstanding sub-paragraph (1)-

(a) a salary in excess of the prescribed rate shall not be assigned to

any post without the prior approval of the Minister and

(b) an appointment shall not be made to any post to which a salary in

excess of the prescribed rate is assigned without the prior approval

of the Minister

(3) In this section prescribed me means such rate as thk

Minister with responsibility for the public service may by order prescribe

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38 M-DOPING N SPORT

W i 14 The Commission may with the written appmval of the Minister-gmwitksmd

~iharuirimg (a) enter into ammgements respecting schemes whether by way of

bencri insurance policies of otherwise or(6) make regulations

for medical h e f i 4 pensions gratuities and other retiring benefits ordisability or death benefits relating to employees of the Commission andsuch arrangements or regulations may include provisions for the g m t ofbenefits to the dependants and the legal personal representatives of suchemployees

Fundo lad 1 5 4 1) The dunds and resources of the Commission shall consist of-fsaufca ofC g m n i h (a) such funds as may be provided by Parliament for the Commission

in the annual Estimates of Revenue and Expenditum

(b) revenues ampom fees and charges impsed by the Commission form y -ices p d d d by it or the use of any facility

(c) s ~ c h m s as may beallocated b m time to time to theCommission b m esearch or education gmts or fiwm loan fundsand

(d)all o t h a m s r property which may in any manner becomepayable to or vested in the Commission in respect of any matterincidental to its functions

(2) The expenses of the Commission including the remunerationof members md employees shall be paid out of the funds of theCommission

~BDPKCDLO 16 All moneys s f the Commission not q u i r e d to be expended fork v a the purpose of meeting any of the obligations or discharging any of them finctions of the Commission may be invested in such securities as the

Commission may afier consultation with the Minister responsible forfinance consider appropriate and the Commission may sell all or any of suchsecurities

d 17---(I) The Commission shall keep proper accounts and other records inmlation to its business and shall prepare mually in msgect of each financialyear a statement of accounts in a form satisfactory to the Minister beinga form which eon foms with established accounting principles

(2) The accounts of the Commission shall be audited annually by anauditor or auditors appointed by the Commission and approved by theMinis-

(3) The members ofticers and employees ofthe Commission shall-

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ANTI-DOPING IN SPORT 3 1

(a) grant to the auditor appointed under sub-paragraph (2) accessto all books documents cash and securities of the Commissionand

(b) give to the auditor on request all such information as may be

within their knowledge in relation to the Commissions operations

(4) The auditors fees and any expenses of the audit shall be paid bythe Commission

(5) The Auditor-General shall be entitled at all reasonable times toexamine the accounts and other records in relation to the business of theCommission

l8-(l) The Commission shall within six months afterthe end of each A n n d

financial year or within such longer priod as the Minister may in spcialcircumstances allow cause to be made and transmit to the Minister a regort edi-

dealing generally with the activities of the Commission during the precedingyear including-

(a) a statement of its accounts audited in accordance with paragraph 17

(b) a statement of the outcomes and findings of its annual testing

programme including satis tical information on-(i) the provision of samples by athletes

(ii) the testing of samples so provided and

(iii) the extent of the participation of ~ a ti o na l sportingorganizations in testing programmes operated or suppofldby the Commission

(c) the results of Anti-Doping research undertaken by or supported bythe Commission

(4 summary of the education and public information programmesundertaken by or supported by the Commission and

(e) particulars of the extent to which the Commission has compllidwith and achieved the objectives of any sb-ategic plan and theoperational plan in force during the financial year to which theregort relates

(2) The Minister shall cause copies of the report together with the

a n n u l statement of accounts and the auditors report thereon to belaid on theTable of the House of Representatives and of the Senate

(3) The Commission shall before a date specified by the Minisampsubmit to the Minister for his approval estimates of revenue and expenditurefor the ensuing year

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32 ANTI-DOFING IN SPORT

Exemption 1 The income of the Commission shall be exempt fiom incomefminsome

tax

SECOND CHEDULE (Seaion 18)

Constirution of h e Jamaica Awi-Dop ing Disciplinary Panel

Cm d t u t h 141) The Disciplinary Panel shall consist of not more than nineOf Discipi- persons appointed as fol~ows-nsr)Pawl

(a) m chairman and two vice chairmen each of whom shall be legal

practitioners of not less than 18 years of experience

(b) three persons each of whom has been duly qualified medical

practitioners for not less than five years

(el three additioilal members each of whom shall be or has previously

been a spaas administrator or an athlete

(2) The chairman or in his absence the vice chairman shall

appoint three members frsm the panel to hear and determine each case

(3) Every hearing shall comprise of the chairman or a vice chairman

as chairman of the hearing panel one medical pmctitioner member and one- sp rt s dminismtosor athlete member

Tenurecf 2 The members shall be a~pointedby the Minister by instrument inofiw w-riting md shall subject to the provisions of this Schedule hold ofice for a

period of three years

lp 3 Every member shall be eligible for re-a~pointment

qipkmlm

~c t i ng 4 If my member is absent or unable to act the Minister may appoint anyWiatmesrtscerson to act in the glace of that member so however that such appointment

shdl be made in the same manner and frsm among the same category of

persons as would be required in h e case of a substantive appointment

Ip-b 5 The Minister may at any time revoke the appointment of any member

of the Disciplil~~~jymel if such member-8mm

(a) becomes ~f unsound mind or becomes pemanently unable to

p f o m his frsnctions by reason of i l l health

(b) is wnvicted and sentencedto a term of imprisonment

(6 ) hils withotit peasonable excuse to carny out any of the functions

m L d r ionposed on him under this Act or

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ANTI-DOPING IN SPORT 33

( 8 ) engages in such activities as are reasonably considered prejudicialto the interest of the Commission

16 There shall be paid to the members of the Disciplinary Panel such Remuneration

remuneration (whether by way of honorarium salary fees or allowances) as ofmembersthe Minister may determine

7 - (1 ) Any member other than the chairman may at any time resign Resignation

his office by instrument in writing addressed to the Minister and transmittedthrough the chairman and from the date of receipt by the Minister of suchinstrument that person shall cease to be a member

(2) The chairman may at any time resign his office by instrument

in writing addressed to the Minister and such resignation shall take effect asfrom the date of receipt by the Minister of that instrument

8 If any vacancy occurs in the membership of the Disciplinary Panel Fillingof

such vacancy shall be filled by the appointment of another member so vacancies

however that such appointment shall be made in the same manner and fromthe same category of persons as would be required in the case of the originalappointment

9 - ( l ) No proceedings shall be brought or instituted before any court or htection

tribunal personally against any member of the Disciplinary Panel in respect ofmembers

of any act done bo na jide in pursuance or execution or intended execution ofthis Act

(2) Where any member is exempt from liability by reason only ofthe provisions of this paragraph the Disciplinary Panel shall be liable to theextent that it would be if that member were an employee or agent of theDisciplinary Panel

10 The names of all members of the Disciplinary Panel sas first Gazettingof

constituted and every change therein shall be published in the Gazette membership

THIfttl SCHEDULE (Section 22)

Constitutionof the Jamaica Anti-Doping Appeals Tribunal

1 The Appeals Tribunal shall consist of sir person- ConstitutionofAppeals

(a) a chairman and vice-chairman k i n g both persons who have Panel

served as either a Judge of the Court of Appeal or of the SupremeCourt

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ANTILDOPING IiV SPORT

(b) persons who have served in-

Actingwepombmnts

Revocationof

appointment

Remunetation

Resignation

Filling ofvacancies

(i) the post of a Director of Public Prosecutions or a senior

member of staff of the Office of the Director of PublicProsecutions

(ii) sports administration for at least ten years

(iii) sports medicine for at least ten years

2 The members of the Appeals Tribunal shall be appointed by theMinister by instrument in writing and shall subject to the provisions of thisSchedule hold office for a period of three years

3 Every member shall be eligible for re-appointment

4 If any member of the Appeals Tniunal is absent or unable to performhis duties the Minister may appoint any person to act in the place of thatmember so however that such appointment shall be made in the samemanner and h m mong the same category of persons as would be requiredin the case of a substantive appointment

5 The Minister may at any time revoke the appointment of any memberof theCommission if such member-

(a) becomes of unsound mind or becomes pe-rmanently unable toperform his functions by w o n of i l l health

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

(c) fails without reasonable excuse to cany out any of the functionsconferred or imposed on him under this Act or

(4 ngages in such activities as are reasonably considered prejudicialto the interest of the Commission

6 There shall be paid to the members of the Appeals Tribunal suchremuneration (whether by way of honorarium salary fees or allowances) asthe Minister may determine

7-41) Any member other than the chairman may at any time resign hisoffice by instrument in writing addressed to the Minister and transmittedthrough the chairman and from the date of receipt by the Minister of suchinstrument that person shall cease to be a member

(2) The chairman may at any time resign his oflice by instrument inwriting addressed to the Minister and such resignation shall take effect asfrom the date of receipt by the Minister of that instrument

8 If any vacancy occurs in the membership of the Appeals Tribunal suchvacancy shall be filled by the appointment of another member so however

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ANTI-DOPING IN SPORT

that such appointment shall be made in the same manner and h m he samecategory of persons as would be required in the case of the original

appointment9+1) No proceedings shall be brought or instituted before any court Rotection

or tribunal personally against any member of the Appeals Tribunal in respect of members

of any act done bonafide in pursuance or execution or intended execution ofthis Act

(2) Where any member is exempt from liability by reason only of theprovisions of this paragraph the Appeals Tribunal shall be liable to theextent that it would be if that member were an employee or agent of the

Appeals Tribunal10 The names of all members of the Appeals Tribunal as first constituted Gazatingof

and every change therein shall be published in the Gmette Membenhip

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ANgP-DOPING IN SPORT 9

where the athlete is continuously chaperoned from themoment of notification through to the p i n t where asample is provided

out-ofompetition means any doping control which isnot conducted in-competition

participant means any athlete or athlete supportpersonnel

Prohibited List means the Prohibited List published byWADA which identifies the prohibited slabstances aPmd

methods as amended hmn time totime

prohibited method m e w m y method so described onthe Prohibited List

prohibited substance means any substance so describedon the Prohibited List

Registered Testing Pool means the pool of athletesestablished separately by each intamtiom1 sportingfederation or National Anti-Doping Organization as

the case may Be who are subject to both in-competition and out-of-competition testing as part ofthat fderations or organizations test distributionplanning

sample or specimen means m y biological materidcollected for the pupo m s of doping m n m l

sporting organization inc8des an organization that-

(a) has control in a particular stateor put of a stateor internationally of one or more sports orsporting events

(b ) organizes or administers one or more sports orsporting events

(c) accredits persons to take part ir sportingcompetition

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(4 rovides teams to compete in sportingcompetition or

(e) trains or provides finance for a person to takepart in sporting competition

tampering means altering for any improper purpose or inan improper way bringing improper influence to bear

interfering improperly to alter results or preventnomid procedures fiom occurring

team sporthems a sport in which the substitution of

athletes is permitted during a competition

k s t i n g b e m the parts of the doping control processinvolving test distribution planning sample collectionsample -handling and sample transport to thelaboratory and kst shall be similarly construed

Therapeutic Use Exemptioq or WE eans anexemption granted in accordance with the Annex 11 ofthe UNESCO Anti-Doping Convention entitledStandards for Granting Therapeutic UseExemptions and the provisions of this Act and anyRules or Regulations made thereunder

trfficking in relation to a prohibited substance orprohibited method means selling giving adminis-tering transporting sending delivering or distribut-

ing as the case may be a prohibited substance orprohibited method to an athlete either directly orindirectly or through one or more third parties butdoes not include selling or distributing (by medicalpersonnel or by persons other than an athletessupport personnel) a prohibited substance for genuineand legal therapeutic purposes

UNESCO Anti-Doping Convention means the Inter-national Convention Against Doping in Sport adoptedby the UNESCO General Conference at Paris Franceon October 19 2005 and includes any amenheritsto the Convention that have entered into force for

- -- -lThc inclusion of h i s pap is auhorized by LS 12320ll(

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Jamaica

we in relation to a prohibited substance or prohibitedmethod m e w the application ingestion injection orconsumption by any means whatsoever of anyprohibited substance or prohibited method as the casemay be

World Anti-Doping Agency or WABA means thebody founded by the hternatiod OlympicCommittee and constituted as a foundation in

husanne Switzerland by an instrument of foundationsigned on November 10 1999 and named in thatinstrument a s the World Anpi-Doping Agency

3 The objects of this Act are to-

(a) promote a drug-free environment for sport andprovide athletes and athlete support personnel withprotection of their right to participate in h g - f k e

sport and thus promote h d t h fairness and quali tyfor d l participants in s p r t s and

(6) ensure harmonized coordinated and effective sportsanti-dgping programmes at the national levell andinternational level with regard to the detectiondeterrence and prevention of doping and

objectsofAct

(c ) respect the rights of individuals and national sportingorganizations by the application of f i r procedures forand meam to oversee doping control determinationof Anti-Doping Rules Violations and theirconsequences and other decisions made in the interestof drug-free sports

4 4 1 ) For the purposes of doping conml the following App1i68ti0

persons are governed by this Act-

(a) a person who has been selected to compete as arepresentative of Jamaica in an international sportingcompetition

Ime inclusion of (his pap is euchorizcd by LN t M O I I J

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(b ) a person who competes in a national sportingcompetition

(c) a person who has been assessed by a Jamaicannational sporting organization as having thepotential to represent Jamaica in an internationalsporting competition

(4 a person who competes as a member of a team ina sporting competition (whether held or to Be

held in or outside Jamaica) at a level whichinvolves participation of the following-

(i) teams that represent Jamaica or

(ii) teams that represent organizations inJamaica and contain members who havek n ssessed by a Jamaican nationalsporting organization as having the

potential to represent Jamaica inan

international sporting competition

(e) a person who competes in sprting competitionand-

(i) is receiving financial or other sport-related support from the Government ofJamaica or an agency of the Govern-

ment or

(li) is a party to an arrangement with theGovernment of Jamaica under which theperson will receive financial or othersport-related support fiom the Govern-ment or an agency of the Government

(i) who has been assessed by a nationalsporting organization or an internationalsporting federation as having reachedsuch a standard of performance in the

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ANTI-DOPING IN SPORT

field of sporting activity in which hecompetes as to be capable of represemt-

ing in international sporting competitionthe country of which he is a citizen or inwhich he is oqiinarily resident and

(ii) in respect of whom the Commission has

been requested by a National Anti-Doping Organization of a country otherthan Jamaica to obtain a sample for

testing or(g ) a person whose name is entered on the

Commissions Registered Testing Pool ofinternational-level and national-level athletes andwho--

(i) has been notified of his inclusion in theCommissions Registered Testing Pool

and(ii) as a direct result of having his name so

entered is required to file quarterlywhereabouts information with the Com-mission on forms provided by the om-mission which s p i f l on a daily basisthe locations and times where theathlete will be residing training or

competing

(2) Subject to subsection (3 person who at anyparticular time-

(a) is in training or has at any time within the precedingtwelve months trained to compete in a sportingcompetition or

(8) has at any time within the preceding twelve monthscompeted in a sporting competition

is deemed for the purposes of subseetion (1) to be a person whocompetes in a sporting competition

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ANTP-DOPPNG IN SPORT

(3) For the purposes of this Act a person is deemed notto have been an athlete at a particular time if the person had-

(a) given prior written notification to the relevant nationalsporting organization that he had retired from takingpart iam sporting competition

(b ) not since the written notification was given takenpart in a sporting competition and

( c ) been informed by the Commission that he no longersatisfies the criteria for inclusion in the RegisteredTesting Pool

(4) A person who has given written notice of retirementfrom taking part in sporting competition to the relevant nationalsporting organization and who is not serving a period ofineligibility may not resume competing d e s s he has given theCommission at least twelve months prior written notice that heexpects to return to competition and is available for no-advancenotice out-of-competition testing during the period

PART 1 Jamaica Anti-Doping CommissionEstablishment and Functions

-lisBlmmt --(I) There is hereby established for the purposes of thisofJmb

~ n t i - w m g Actp a M y o be called the Jamaica Anti-Doping Commissionammissio which shall be a body corporate to which section 28 of the

Interpretation Act appliesFirst ( 2 )The provisions of the First Schedule shall have effectSckduie

as to the constitution and procedure of the Commission andotherwise in relation thereto

Fm-of 6-41) The Commission shall perform such functions as areChmission

necessary to facilitate the control and prevention of doping insports including-

( a ) implementing the policies and programm es of theGovernment against doping in sport

(b ) doing dl things necessary to comply with andimplement any Article of the Code

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ANTI-DOPING nsJ SPORT

(c) planning implementing and monitoring informationand education progammes aimed at educating

athletes athlete support personnel parents the mediaand the general public in Jamaica about doping insport matters such as-

(i) the health consequences of doping

(ii) the harm of doping to the ethical values ofsport

(iii) prohibited substances and prohibited methods

(iv) therapeutic use exemptions

(v) nutritional supplements

(vi) doping control procedures and resultsmanagement

(vii) the athletes rights and responsibilities inregard to doping in sport and the con-sequences of committing an Anti-DopingRules violation

(4 establishing a register for the Registered Testing Poolof national-level and international-level Jamaicaathletes who are citizens or residents of and noting

such athletes and relevant national sporting oiganiz-ations of entries made in the register

(e) directing the anti-doping programme of the Govew-ment specific to sports including conducting testing ofathletes planning coordinating and implementing thecollection of samples the management of test resultsand conducting hearings in keeping with the man-

datory international standards set out in the Code

ugt testing any athlete whether or not he is a citizen orresident of Jamaica-

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MI-DOPIMG IM SPORT

(g) notifjhg test results to athletes a d as the case maybe g o v m e m t s of countries other than Jamaica anti-

doping organizations of other countries or othersignatodes to the Code in accordance with bilateral ormdpilrateaca9 agreements entered into by Jamaica withsuch governments organizations or signatories

(h) entering into reciprocd testing agreements withN a t i o d Anti-Doping Organizations outside Jamaicain relation to any athlete

(0 encouraging and facilitating the negotiation by anys-porting organization and Anti-Doping Organization of

my agreement permitting their members to be testedby authorized doping control teams h r n othercom~a

63 mpmtiarg with the testing and education initiativesof WW A and other antidoping organizations

(k) supporting encouraging conducting and promotingresearch stbout doping in sport matters that contributesto the development and implementation of eficientantidoping programmes

(I) consulting with advising and assisting-

(i) G o v e m e n t departments and agencies local

authorities the Jamaica Olympic Associa-tion national sporting organizations andother bodies or persons on any mattersconcerned with doping in sport issues andrelated matters

(ii) foreign government and non-governmentalorganizations and other persons outside ofJamaica for the purpose of promoting theadoption of uniform international testingprocedures for doping in sport

(m) publishing and making available the Prohibited Listand any revision thereof to athletes and as such all

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ANTI-DOPING IN SPORT

athletes shall be deemed to accept the Prohibited Listand any amendments thereto as binding upon

them

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

(0 ) performing any other h c t i o n s relating to doping insport that are conferred on the Commission by this orany other enactment and

07) generally taking all steps necessary or desirable to

achieve the purposes of this Act(2) In the performance of its functions the Com-

mission-

(a) shall establish for its use and for the use of itscommittees procedures that are appropriate and fair inthe circumstances

(b) shall develop appropriate procedures t+

(i) reflect the needs of athletes who are underthe age of eighteen years and

(ii) reflect the culture and any disabilities orother special concerns of athletes and

(iii) protect each athletes right to privacy

(c ) may impose fees or charges for the provision of

information advice or other services requested of theCommission (other than for information requested byan athlete relating to the athlete)

(3) The powers of the Commission may be exercised ina state other than Jamaica in relation to athletes who are citizensof Jamaica subject to the approval of the relevant foreign stateor relevant national sporting organization of such state

7 4 1 ) The Minister may after consultation with the Chair- Ministarnaygive direc-

man of the Commission give to the Commission directions in tions to

writing of a general character as to the policy to be followed by COmrnissi

the Commission in the performance of its functions as appear to

JThe inclusion of this page ip authorized by LK 123ROlll

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ANTI-DOPING IN SPORT

the Minister to be necessary in the public interest and theCommission shall give effect thereto

(2) Directions given under subsection (1) shall not relateto-

(a) a particular athlete or particular athlete supportpersonnel or

(b) doping control

(3) The Commission shall comely with any directionsgiven under subsection (1)

powerco $--(I) The Commission may with the written approval ofM-the Minister delegate any of its functions under this Act (otherthan the power of delegation) to any member officer or agent ofthe Commission

(2) A delegation under subsection (1) i s ~ v o c a b l ey the

Commission in d the delegation of a function shall not precludethe performance of the delegated function by the Commission

P m 11 Anti-Doping Rules

9 The Commission may with the approval of the Ministermaymake~ l e s make d e s (in this Act referred to as the Anti-Doping Rules)

generally for controlling the occurrence of doping in sports and

for carrying out the objects of this Act and without limitingthe generality of the foregoing such d e s may provide for-

(a) initiating implementing or enforcing any part of thedoping control process

(b) analysis of samples

(c) athlete whereabouts information

(4 consequences of Anti-Doping Rules violation

(e) assessment of costs for disciplinary hearings

results management

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ANTI-DOPING IN SPORT 19

10--(I) Except in any case where an athlete holds a ~nti- oping

Therapeutic Use Exemption Certificate and is in compliance

with the terms of such Therapeutic Use Exemption Certificatethe athlete shall be liable for the presence of any prohibitedsubstance or its metabolites or markers found in his body

(2) Subject to the exception mentioned in subsection(I) a reference in this Act to an Anti-Doping Rules violationshall mean any one of the following-

(a) the presence of a prohibited substance or its meta-bolites or markers in an athletes specimen

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

(c ) refusing or failing without compelling justification tosubmit sample collection after notification asauthorized in applicable Anti-Doping rules or

otherwise evading sample collection(4 violation of applicable requirements regarding athlete

availability for out-of-competition testing includingfailure to provide required whereabouts informationand missed tests which are declared based onreasonable rules which comply with the InternationalStandard for testing

(e) tampering or attempting to tamper with any part ofdoping control

V) possession of prohibited substances or prohibitedmethods

(g) trafficking in any prohibited substance or prohibitedmethod

(h) administration or attempted administration of aprohibited substance or prohibited method to anyathlete or assisting encouraging aiding abettingcovering up or any type of complicity involving anAnti-Doping Rules violation or any attemptedviolation

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Therapeutic Use Exemption

Therapeutic

use81-41) An athlete with a medical condition requiring the

Exemption use of a Prohibited Substance or Prohibited Method shall firstCmihk obtain a Therapeutic Use Exemption Certificate in accordance

with the provisions of this Act the Anti-Doping Rules and theInternational Standard for Therapeutic Use Exemption fromJADCO TUEC or as the case may require the internationalsporting federation under whose control the athletecompetes

(2) Notwithstanding the provisions of subsection (I) aninternational-level athlete or athlete who participates ininternational events shall apply to the international sportingfederation concerned for the Therapeutic Use ExemptionCertificate except in emergency situations no later than twenty-one days before the athletes participation in an internationalsporting event or otherwise provided for in the Anti-Doping

rules of that international sporting federation and provide toJADCO TUEC a copy of such aun application prior to theinternational event

(3) The application for a Therapeutic Use ExemptionCertificate ampom an athlete shall--

(a) be made immediately after the athlete becomes awarethat the use of a Prohibited Substance or Prohibited

Method is required and

(b) subject to any circumstance of emergency be obtainedprior to the athletes participation in any competitionor event

(4) Where an athlete who is subject to testing and hasbeen granted a Therapeutic Use Exemption Certificate by aninternational sporting federation the athlete shall immediately

report the granting of the Therapeutic Use Exemption Certificateto WADA JADCO TUEC and to the relevant national sportingorganization and shall provide to JADCO TUEC all the relevantif in n a ti o n and documentation

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(5)Every national level athlete and athleteparticipating in national events shall obtain a Therapeutic Use

Exemption Certificate fiom the SAIDCO TUEC unless such anathlete has previously received a Therapeutic Use ExemptionCertificate fiom can international sporting federation md suchTherapeutic Use Exemption Certificate is still vdid and thegrant of which has been previously reported to the JADCOTUEC and the Commission

1241) An application for a Therapeutic Use Exemption Application

Certificate to the JAIDCO TUEC shall be made in accordance Ezmwwith the International Standard for Therapeutic Use Exemption withinternational

(2) The athlete on whose behalf the application has

been made shdl provide written consent for the transmissionof-

(a) d l information pertaining to the application to theSADCO WEC and as required other independent

medical or scientific experts and to all necessary staffinvolved in the management or review of TherapeuticUse Exemptions

(b) the decision of SAC0 TUEC to be distributed toWAIDA and to other relevant Anti-Doping Orghzza-tions under the provisions of the Code

1341) The Coxnmission shall appoint a Committee to bew i n - 8

of aheknown as he J m d c a Anti-Doping Therapeutic Use Exemption -Committee (in this Act known as JADCO PPJIEC)consisting aherapeuaic

of six duly qualified medical practitioners Use

Exemlptiowcommittee

(2) The appointment of every member of the JADCOTUEC shall be evidenced by an instrument in writing whichshall state the period of o fi ce of the member not e x d i n gthree y e m as the Commission may specify in the instrument

and each member shall be eligible for re-appointment

(3) The Commission shall appoint one of the membersof the JADCO TUEC to be the Chairperson thereof

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Fampons

of JADCOTUEC

NotificationofTherapeuticUseExemption

WADA mayreview andrevmeTUECertificate

(4) The JADCO TUEC sh dl act independently of theCommission and shall not have any other official responsibility

within the Commission(5) Where any member of the JADCO FUEC is

connected with an athlete (having regkd to their familialbusiness or other relationship) or has an interest in any nationalsporting organization or international sporting federation such amember is excluded fiom considering any application forTherapeutic Use Exemption fiom that athlete or as the case maybe any athlete who is a member or participant in a sporiing eventorganized or sanctioned by the international sporting federationor national sporting organization in which he has an interest

14 The hcc tions of the JADCO TUEC shall be to-

(a) receive and exmine applications from national-levelathletes for Therapeutic Use Exemption Certificates

(6) g m t Therapeutic Use Exemption Certificates

(c) revoke Therapeutic Use Exemption Certificates

(4 perform any other fipnctions that are conferred orimposed on it by this Act

15--(I) The JADCO TUEC shall promptly notify theCommission of its decision to grant a Therapeutic UseExemption Certificate

(2) The Commission upon being notified by JADCOTUEC of the grant of a Therapeutic Use Exemption Certificateshall notify WADA thereof

16 Where the JADCO TUEC has made a decision to grantor deny the grant of a Therapeutic Use Exemption Certificate toan athlete WADA at the request of the athlete or on its own initiative may review the p t r denial of the Therapeutic UseExemption Certificate and where WADA determines that the

granting or denial of such Therapeutic Use ExemptionCertificate did not comply with the International Standard forTherapeutic Use Exemption in force at the time then WADAmay reverse the decision to grant or deny the Therapeutic Use

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Exemption Certificate

17 Tlhe C O ~ I ~ S S ~ O ~hall tecognk the results of laboratory Recognition

d y s i s by other anti-doping organizations once conducted in 0 2 f t ~ faccordance with the WADA International Standard for Dopin

Testing o l g a n d ~ n ~

PART W isciplinary Panel Appeals

18 There is established for the purposes of this Act a M y listm mat

to be d l e d the Jamaica Anti-Doping Disciplinary Panel and theprovisions of the Second Schedule shall have effect as to the hti- oping

constitution and pmcedw of the Disciplinary Panel and Fzhqotherwise in relation thereto second

Schedule

19 Where it appears that there has been an Anti-Doping CommissionI 0der

Rules violation the Commission shall refa the matter to theDisciplinary Panel hearing

20--41) The functions of the Disciplinary Panel shall be Functi0mof

to- the Anti-Doping~ i amp i amp n q

( a ) receive examine and hear evidence relating to an -I

Anti-Doping R des violation

(8) conduct disciplinary hearings related to Anti-DopingRules violations referred to it by the Commission

( c ) determine whether a violation of the Anti-DopingRules has occurred

(4mpose consequences of Anti-Doping Rules yiola-tions

( e ) perfom any other functions that are conferred orimposed on the Disciplinary Panel by this Act

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EstablishmentofJamaicaAnti-DopingAppealsTribunalThirdSchedule

(2) The Disciplinary Panel shdl consequent onreceiving a written reference h m he Commission asserting an

Anti-Doping rules violation-

(a) within fourteen days of the date of receipt of thereference commence a hearing

(b) within twenty days of the date of receipt of thereference issue a written decision

(c ) within thirty days of the date of receipt of the

reference issue written reasons for the decision givenin paragraph (b)

2 1 4 1 ) Subject to section 23 where-

(a) any athlete or other person who is the subject of thedecision being ap p d e d

(b) the C om iss io n

(c ) the relevant international sporting federation

(8 ) relevant nationd sporting organization

(e) the Jamaica Olympic Association

WADA

is aggrieved by a decision of the Disciplinary Panel that personor body may witkin fourteen days of the decision of theDisciplinary Panel and in the prescribed m m e r lodge magpeal with the Appeds Tribunal established under section 22against any decision of the Disciplinary Panel

(2) Every decision of the Disciplinary Pm el in respectof a Anti-Doping Rules violation shdl remain in effect duringthe appeal process unless the Appeal Tribunal otherwiseorders

2 2 4 1 ) For the purposes of an appeal under section 21there is hereby established an Appeds Tribunal to be calledthe Jamaica Anti-Doping Appeals Tribunal constituted inaccordance with the Third Schedule

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ANTI-DOPIAG IN SPORT

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

(a) PO hear and determine issues arising fiom a decision ofthe Disciplinary Panel-

(i) that an Anti-Doping Rules violation wascommitted

(ii) imposing consequences of an Anti- DopingRules violation

(iii) ohat ara Anti-Doping Rules violation was not

committed(iv) that an anti-doping orgmimtion lacks

jurisdiction to rule on an Anti-Doping Rulesviolation or consequences of rn Anti-DopingRules violation

(v) to impose a provisional suspension as a result

of a paovisiond hearing

(b ) to determine the consequences of an Anti-DopingR d es violation to to mposed

(c) to perform any other hctions hat me c o n f e d orimposed on the Appeals T r i b d by virtue of this Act

(3) The Appeds T r i b d shdl consequent on thelodging of an appeal under subsection (1)-

(a) within twenty-one days of lodging receive h a mdex m in e the evidence relating to the ap

(b) within thirty days of the date of lodging issue ao

written decision

(c) within sixty days of the date of l dgin g issue writtenreasons for the decision

(4) kra appeal shdl not in its entirety exceed three

months except in extenuating c k w n a m c e s

23 M e r e an appeal is in respect of an i n t e m ~ o dvent ~ S O F

iclkrdonellor a m e nvolving an nternational-level athlete the decision of amp

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ANTI-DOPING IN SPORT

the Disciplinary Panel may k appealed directly to the Court ofArbitration

Apr of 24-41) Any decision by WADA reversing the grant of aTherapeutic Use Exemption Certificate or as the case be the

d refusal to grant may be appealed directly by the athlete or theUw

~xwptimCommission to the Court of Arbitration

M B e (2) Where an international-level athlete has made an

application for a Therapeutic Use Exemption Certificate andthe international sporting federation has reksed to grarnt

such Therapeutic Use Exemption Certificate the athlete mayappeal exclusively to the Court of Arbitration in respect ofthe refusal to grant the Therapeutic Use ExemptionCertificate

(3) Where the JADCO TUEC has refused to grant aTherapeutic Use Exemption Certificate to a national-levelathlete the athlete may make an appeal to the Appeals Tribunal

(4) Where the Appeals Tribunal reverses the decision ofthe JADCO TklEC to grant a Therapeutic Use ExemptionCertificate WADA may appeal to the Court of Arbitration

Miscellaneous

canmtaity 25-41) Every-

(a ) member of the Commission(b) officer m d employee of the Com is si on

(c) expert retained by the Commission to m i s t in itsinvestigations and delikrations

(4 ember of the Appeals Tribunal

(e ) member of the JADCO TUEC

V) member of the Disciplinary Panel

shall keep secret and confidential all information coming to hisknowledge in the course of the administration of this Act exceptin so far as the Commission authorizes that pason to releasethat information

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ANTI-DOPING IN SPORT

(2) Any person who contravenes subsection (1) shd lbe guilty of an offence and s M l be liable on smw

conviction in a Resident Magistrates Court to a fine notexceeding one million dollars

26-41) The Minister may make regulations generally for awlations

giving effect to the provisions of this Act and without prejudiceto the generality of the foregoing the regulations may pmvidefor-

(a) the determination and collection of fees m d charges in

connection with the exercise of the Ruactions of theCommission

(b) the keeping of such records as the Minister may

require for the pwposes of this Act

(c) the forms to be used for the ppsrposes of this Act and

(4 mything required by this Act to be prescribed

(2) Regulations made under subsection (1) may pmvidefor the imposition of a penalty on summary conviction in a

Resident Magistrates Cowt of a fine not ex ce din g one milliondollars or a term of imprisonment not e x d i n g six months orboth such fine and imprisonment

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ART-DOBlNG lN SPORT

Constitution and Procedure of the Jamaica Anti-Doping Commission

1 The Commission shall consist of the following mem krs-

(a) not less than nine md not more than thirteen persons who theMinister is satisfied am of high integrity and able to exercise soundjudgment in faz8filling their responsibilities under this Act

(heminafter r e f e d to asappointed memkmsn)

(b) the Executive Director of the Commission and the PemmentSempary or his nominee (heminailer r e f e d to as ex-officiomembers)

2 The appointed members of the Commission shall be appointed by theMinister by instrument in writing and shall subject to the provisions of thisSchedule hold office for a pmisd of three years

3 Every appointed member shall be eligible for re-appointment

4 4 1 ) The Minister shdl appoint a chairman and a deputy chairman fromamong the appointed members

(2) ln the case of absence or inability to act of the chaiman thedeputy chairman shall perform the functions of the chaiman

(3) In the case of absence or inability to act of both the chairman and

deputy chairman the Minister may appoint any other member to perform thefunctions of the chairman or as he case may be the deputy chairman duringsuch absence or incapacity

5 If any member is absent or unable to pedorm his duties due to absenceor illness the Minister may appoint any person to act in the place of that

member so however that such appointment shall be made in the m emanner and fiom among the same category of p o n s as would be requiredin the case of a substantive appointment

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

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

(6) is convicted and sentenced to a tenn of imprisonment

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

(4 ngages in such activities as are reasonably consided prejudicialto the interest of the Commission

[The i a h h n cP Ibb amp aulborired by LN i23fZOlll

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M I- D O P IN G IN SPORT 29

7 Thew shall be paid to the members of the Commission such ~mlanaretfol~

remuneration (whether by way of honowriurn salary fees or allowances) as of^^

the Minister with responsibility for the public service may determine

8 Fiye members of the Commission shall form a quorum at any m m

meeting

9 - 4 1 ) An appointed member other than the chahan may at any time Resignation

resign his office by instrument in writing addressed to the Minister and

transmitted through the chairman and fiom the date of receipt by the Minister

of such instrument that person shall cease to be a member

(2) The chairman may at any time resign his office by instrument

in writing addressed to the Minister and such resignation shallrtake eflst

as from the date of receipt by the Minister of that insitmment

10 If any vacancy occurs in the membership of the Commission Fillingof

such vacancy shall be filled by the appointment of another member vrmcmcics

B 1 4 1) No p w i n g s shall be brought or instituted before any co w or meah

tribunal personally against any member of the Commission in respect of my of ~~~act done bonaflde in pursuance or execution or intended execution of this

A n

(2) Where any member is exempt from liability by reason only ofthe provisions of this paragraph the Commission shall be liable to the extent

that it would be if that member were an employee or agent of the

Commission

I f The names of all members of the Commissionas first constimed and Gazetting of

every change therein shall be published in the Gazette ~ h h i p

Administrbrion and Fdnance

1341) The Commission shall appoint and employ at such remuneration ampin-8

and on such terms and conditions as it thinks fit an Executive Director a zySecretary and such other officers employees and agents as it considers mflom

necessary for q e proper carrying out of its functions

(2) Notwithstanding sub-paragraph (1)-

(a) a salary in excess of the prescribed rate shall not be assigned to

any post without the prior approval of the Minister and

(b) an appointment shall not be made to any post to which a salary in

excess of the prescribed rate is assigned without the prior approval

of the Minister

(3) In this section prescribed me means such rate as thk

Minister with responsibility for the public service may by order prescribe

IThe lndluioe of this pap is authorired by LN 1232011(

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38 M-DOPING N SPORT

W i 14 The Commission may with the written appmval of the Minister-gmwitksmd

~iharuirimg (a) enter into ammgements respecting schemes whether by way of

bencri insurance policies of otherwise or(6) make regulations

for medical h e f i 4 pensions gratuities and other retiring benefits ordisability or death benefits relating to employees of the Commission andsuch arrangements or regulations may include provisions for the g m t ofbenefits to the dependants and the legal personal representatives of suchemployees

Fundo lad 1 5 4 1) The dunds and resources of the Commission shall consist of-fsaufca ofC g m n i h (a) such funds as may be provided by Parliament for the Commission

in the annual Estimates of Revenue and Expenditum

(b) revenues ampom fees and charges impsed by the Commission form y -ices p d d d by it or the use of any facility

(c) s ~ c h m s as may beallocated b m time to time to theCommission b m esearch or education gmts or fiwm loan fundsand

(d)all o t h a m s r property which may in any manner becomepayable to or vested in the Commission in respect of any matterincidental to its functions

(2) The expenses of the Commission including the remunerationof members md employees shall be paid out of the funds of theCommission

~BDPKCDLO 16 All moneys s f the Commission not q u i r e d to be expended fork v a the purpose of meeting any of the obligations or discharging any of them finctions of the Commission may be invested in such securities as the

Commission may afier consultation with the Minister responsible forfinance consider appropriate and the Commission may sell all or any of suchsecurities

d 17---(I) The Commission shall keep proper accounts and other records inmlation to its business and shall prepare mually in msgect of each financialyear a statement of accounts in a form satisfactory to the Minister beinga form which eon foms with established accounting principles

(2) The accounts of the Commission shall be audited annually by anauditor or auditors appointed by the Commission and approved by theMinis-

(3) The members ofticers and employees ofthe Commission shall-

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ANTI-DOPING IN SPORT 3 1

(a) grant to the auditor appointed under sub-paragraph (2) accessto all books documents cash and securities of the Commissionand

(b) give to the auditor on request all such information as may be

within their knowledge in relation to the Commissions operations

(4) The auditors fees and any expenses of the audit shall be paid bythe Commission

(5) The Auditor-General shall be entitled at all reasonable times toexamine the accounts and other records in relation to the business of theCommission

l8-(l) The Commission shall within six months afterthe end of each A n n d

financial year or within such longer priod as the Minister may in spcialcircumstances allow cause to be made and transmit to the Minister a regort edi-

dealing generally with the activities of the Commission during the precedingyear including-

(a) a statement of its accounts audited in accordance with paragraph 17

(b) a statement of the outcomes and findings of its annual testing

programme including satis tical information on-(i) the provision of samples by athletes

(ii) the testing of samples so provided and

(iii) the extent of the participation of ~ a ti o na l sportingorganizations in testing programmes operated or suppofldby the Commission

(c) the results of Anti-Doping research undertaken by or supported bythe Commission

(4 summary of the education and public information programmesundertaken by or supported by the Commission and

(e) particulars of the extent to which the Commission has compllidwith and achieved the objectives of any sb-ategic plan and theoperational plan in force during the financial year to which theregort relates

(2) The Minister shall cause copies of the report together with the

a n n u l statement of accounts and the auditors report thereon to belaid on theTable of the House of Representatives and of the Senate

(3) The Commission shall before a date specified by the Minisampsubmit to the Minister for his approval estimates of revenue and expenditurefor the ensuing year

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32 ANTI-DOFING IN SPORT

Exemption 1 The income of the Commission shall be exempt fiom incomefminsome

tax

SECOND CHEDULE (Seaion 18)

Constirution of h e Jamaica Awi-Dop ing Disciplinary Panel

Cm d t u t h 141) The Disciplinary Panel shall consist of not more than nineOf Discipi- persons appointed as fol~ows-nsr)Pawl

(a) m chairman and two vice chairmen each of whom shall be legal

practitioners of not less than 18 years of experience

(b) three persons each of whom has been duly qualified medical

practitioners for not less than five years

(el three additioilal members each of whom shall be or has previously

been a spaas administrator or an athlete

(2) The chairman or in his absence the vice chairman shall

appoint three members frsm the panel to hear and determine each case

(3) Every hearing shall comprise of the chairman or a vice chairman

as chairman of the hearing panel one medical pmctitioner member and one- sp rt s dminismtosor athlete member

Tenurecf 2 The members shall be a~pointedby the Minister by instrument inofiw w-riting md shall subject to the provisions of this Schedule hold ofice for a

period of three years

lp 3 Every member shall be eligible for re-a~pointment

qipkmlm

~c t i ng 4 If my member is absent or unable to act the Minister may appoint anyWiatmesrtscerson to act in the glace of that member so however that such appointment

shdl be made in the same manner and frsm among the same category of

persons as would be required in h e case of a substantive appointment

Ip-b 5 The Minister may at any time revoke the appointment of any member

of the Disciplil~~~jymel if such member-8mm

(a) becomes ~f unsound mind or becomes pemanently unable to

p f o m his frsnctions by reason of i l l health

(b) is wnvicted and sentencedto a term of imprisonment

(6 ) hils withotit peasonable excuse to carny out any of the functions

m L d r ionposed on him under this Act or

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ANTI-DOPING IN SPORT 33

( 8 ) engages in such activities as are reasonably considered prejudicialto the interest of the Commission

16 There shall be paid to the members of the Disciplinary Panel such Remuneration

remuneration (whether by way of honorarium salary fees or allowances) as ofmembersthe Minister may determine

7 - (1 ) Any member other than the chairman may at any time resign Resignation

his office by instrument in writing addressed to the Minister and transmittedthrough the chairman and from the date of receipt by the Minister of suchinstrument that person shall cease to be a member

(2) The chairman may at any time resign his office by instrument

in writing addressed to the Minister and such resignation shall take effect asfrom the date of receipt by the Minister of that instrument

8 If any vacancy occurs in the membership of the Disciplinary Panel Fillingof

such vacancy shall be filled by the appointment of another member so vacancies

however that such appointment shall be made in the same manner and fromthe same category of persons as would be required in the case of the originalappointment

9 - ( l ) No proceedings shall be brought or instituted before any court or htection

tribunal personally against any member of the Disciplinary Panel in respect ofmembers

of any act done bo na jide in pursuance or execution or intended execution ofthis Act

(2) Where any member is exempt from liability by reason only ofthe provisions of this paragraph the Disciplinary Panel shall be liable to theextent that it would be if that member were an employee or agent of theDisciplinary Panel

10 The names of all members of the Disciplinary Panel sas first Gazettingof

constituted and every change therein shall be published in the Gazette membership

THIfttl SCHEDULE (Section 22)

Constitutionof the Jamaica Anti-Doping Appeals Tribunal

1 The Appeals Tribunal shall consist of sir person- ConstitutionofAppeals

(a) a chairman and vice-chairman k i n g both persons who have Panel

served as either a Judge of the Court of Appeal or of the SupremeCourt

lTbe Indunion or (bb page b rmthoritcd by LN IUnO l l l

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ANTILDOPING IiV SPORT

(b) persons who have served in-

Actingwepombmnts

Revocationof

appointment

Remunetation

Resignation

Filling ofvacancies

(i) the post of a Director of Public Prosecutions or a senior

member of staff of the Office of the Director of PublicProsecutions

(ii) sports administration for at least ten years

(iii) sports medicine for at least ten years

2 The members of the Appeals Tribunal shall be appointed by theMinister by instrument in writing and shall subject to the provisions of thisSchedule hold office for a period of three years

3 Every member shall be eligible for re-appointment

4 If any member of the Appeals Tniunal is absent or unable to performhis duties the Minister may appoint any person to act in the place of thatmember so however that such appointment shall be made in the samemanner and h m mong the same category of persons as would be requiredin the case of a substantive appointment

5 The Minister may at any time revoke the appointment of any memberof theCommission if such member-

(a) becomes of unsound mind or becomes pe-rmanently unable toperform his functions by w o n of i l l health

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

(c) fails without reasonable excuse to cany out any of the functionsconferred or imposed on him under this Act or

(4 ngages in such activities as are reasonably considered prejudicialto the interest of the Commission

6 There shall be paid to the members of the Appeals Tribunal suchremuneration (whether by way of honorarium salary fees or allowances) asthe Minister may determine

7-41) Any member other than the chairman may at any time resign hisoffice by instrument in writing addressed to the Minister and transmittedthrough the chairman and from the date of receipt by the Minister of suchinstrument that person shall cease to be a member

(2) The chairman may at any time resign his oflice by instrument inwriting addressed to the Minister and such resignation shall take effect asfrom the date of receipt by the Minister of that instrument

8 If any vacancy occurs in the membership of the Appeals Tribunal suchvacancy shall be filled by the appointment of another member so however

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ANTI-DOPING IN SPORT

that such appointment shall be made in the same manner and h m he samecategory of persons as would be required in the case of the original

appointment9+1) No proceedings shall be brought or instituted before any court Rotection

or tribunal personally against any member of the Appeals Tribunal in respect of members

of any act done bonafide in pursuance or execution or intended execution ofthis Act

(2) Where any member is exempt from liability by reason only of theprovisions of this paragraph the Appeals Tribunal shall be liable to theextent that it would be if that member were an employee or agent of the

Appeals Tribunal10 The names of all members of the Appeals Tribunal as first constituted Gazatingof

and every change therein shall be published in the Gmette Membenhip

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ANTI-DOPING IN SPORT

(4 rovides teams to compete in sportingcompetition or

(e) trains or provides finance for a person to takepart in sporting competition

tampering means altering for any improper purpose or inan improper way bringing improper influence to bear

interfering improperly to alter results or preventnomid procedures fiom occurring

team sporthems a sport in which the substitution of

athletes is permitted during a competition

k s t i n g b e m the parts of the doping control processinvolving test distribution planning sample collectionsample -handling and sample transport to thelaboratory and kst shall be similarly construed

Therapeutic Use Exemptioq or WE eans anexemption granted in accordance with the Annex 11 ofthe UNESCO Anti-Doping Convention entitledStandards for Granting Therapeutic UseExemptions and the provisions of this Act and anyRules or Regulations made thereunder

trfficking in relation to a prohibited substance orprohibited method means selling giving adminis-tering transporting sending delivering or distribut-

ing as the case may be a prohibited substance orprohibited method to an athlete either directly orindirectly or through one or more third parties butdoes not include selling or distributing (by medicalpersonnel or by persons other than an athletessupport personnel) a prohibited substance for genuineand legal therapeutic purposes

UNESCO Anti-Doping Convention means the Inter-national Convention Against Doping in Sport adoptedby the UNESCO General Conference at Paris Franceon October 19 2005 and includes any amenheritsto the Convention that have entered into force for

- -- -lThc inclusion of h i s pap is auhorized by LS 12320ll(

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ANTI-DOPING IN SPORT

Jamaica

we in relation to a prohibited substance or prohibitedmethod m e w the application ingestion injection orconsumption by any means whatsoever of anyprohibited substance or prohibited method as the casemay be

World Anti-Doping Agency or WABA means thebody founded by the hternatiod OlympicCommittee and constituted as a foundation in

husanne Switzerland by an instrument of foundationsigned on November 10 1999 and named in thatinstrument a s the World Anpi-Doping Agency

3 The objects of this Act are to-

(a) promote a drug-free environment for sport andprovide athletes and athlete support personnel withprotection of their right to participate in h g - f k e

sport and thus promote h d t h fairness and quali tyfor d l participants in s p r t s and

(6) ensure harmonized coordinated and effective sportsanti-dgping programmes at the national levell andinternational level with regard to the detectiondeterrence and prevention of doping and

objectsofAct

(c ) respect the rights of individuals and national sportingorganizations by the application of f i r procedures forand meam to oversee doping control determinationof Anti-Doping Rules Violations and theirconsequences and other decisions made in the interestof drug-free sports

4 4 1 ) For the purposes of doping conml the following App1i68ti0

persons are governed by this Act-

(a) a person who has been selected to compete as arepresentative of Jamaica in an international sportingcompetition

Ime inclusion of (his pap is euchorizcd by LN t M O I I J

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(b ) a person who competes in a national sportingcompetition

(c) a person who has been assessed by a Jamaicannational sporting organization as having thepotential to represent Jamaica in an internationalsporting competition

(4 a person who competes as a member of a team ina sporting competition (whether held or to Be

held in or outside Jamaica) at a level whichinvolves participation of the following-

(i) teams that represent Jamaica or

(ii) teams that represent organizations inJamaica and contain members who havek n ssessed by a Jamaican nationalsporting organization as having the

potential to represent Jamaica inan

international sporting competition

(e) a person who competes in sprting competitionand-

(i) is receiving financial or other sport-related support from the Government ofJamaica or an agency of the Govern-

ment or

(li) is a party to an arrangement with theGovernment of Jamaica under which theperson will receive financial or othersport-related support fiom the Govern-ment or an agency of the Government

(i) who has been assessed by a nationalsporting organization or an internationalsporting federation as having reachedsuch a standard of performance in the

(Tbc h d m b m o f (bb page b rmhorhcd by LN lLULOlll

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ANTI-DOPING IN SPORT

field of sporting activity in which hecompetes as to be capable of represemt-

ing in international sporting competitionthe country of which he is a citizen or inwhich he is oqiinarily resident and

(ii) in respect of whom the Commission has

been requested by a National Anti-Doping Organization of a country otherthan Jamaica to obtain a sample for

testing or(g ) a person whose name is entered on the

Commissions Registered Testing Pool ofinternational-level and national-level athletes andwho--

(i) has been notified of his inclusion in theCommissions Registered Testing Pool

and(ii) as a direct result of having his name so

entered is required to file quarterlywhereabouts information with the Com-mission on forms provided by the om-mission which s p i f l on a daily basisthe locations and times where theathlete will be residing training or

competing

(2) Subject to subsection (3 person who at anyparticular time-

(a) is in training or has at any time within the precedingtwelve months trained to compete in a sportingcompetition or

(8) has at any time within the preceding twelve monthscompeted in a sporting competition

is deemed for the purposes of subseetion (1) to be a person whocompetes in a sporting competition

17be b d dw of (UP page b rmtborhcd by LN 143120111

i

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ANTP-DOPPNG IN SPORT

(3) For the purposes of this Act a person is deemed notto have been an athlete at a particular time if the person had-

(a) given prior written notification to the relevant nationalsporting organization that he had retired from takingpart iam sporting competition

(b ) not since the written notification was given takenpart in a sporting competition and

( c ) been informed by the Commission that he no longersatisfies the criteria for inclusion in the RegisteredTesting Pool

(4) A person who has given written notice of retirementfrom taking part in sporting competition to the relevant nationalsporting organization and who is not serving a period ofineligibility may not resume competing d e s s he has given theCommission at least twelve months prior written notice that heexpects to return to competition and is available for no-advancenotice out-of-competition testing during the period

PART 1 Jamaica Anti-Doping CommissionEstablishment and Functions

-lisBlmmt --(I) There is hereby established for the purposes of thisofJmb

~ n t i - w m g Actp a M y o be called the Jamaica Anti-Doping Commissionammissio which shall be a body corporate to which section 28 of the

Interpretation Act appliesFirst ( 2 )The provisions of the First Schedule shall have effectSckduie

as to the constitution and procedure of the Commission andotherwise in relation thereto

Fm-of 6-41) The Commission shall perform such functions as areChmission

necessary to facilitate the control and prevention of doping insports including-

( a ) implementing the policies and programm es of theGovernment against doping in sport

(b ) doing dl things necessary to comply with andimplement any Article of the Code

JTbe i a d d o a af (bb pap b fis(bohzd by LN 123U)lll

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ANTI-DOPING nsJ SPORT

(c) planning implementing and monitoring informationand education progammes aimed at educating

athletes athlete support personnel parents the mediaand the general public in Jamaica about doping insport matters such as-

(i) the health consequences of doping

(ii) the harm of doping to the ethical values ofsport

(iii) prohibited substances and prohibited methods

(iv) therapeutic use exemptions

(v) nutritional supplements

(vi) doping control procedures and resultsmanagement

(vii) the athletes rights and responsibilities inregard to doping in sport and the con-sequences of committing an Anti-DopingRules violation

(4 establishing a register for the Registered Testing Poolof national-level and international-level Jamaicaathletes who are citizens or residents of and noting

such athletes and relevant national sporting oiganiz-ations of entries made in the register

(e) directing the anti-doping programme of the Govew-ment specific to sports including conducting testing ofathletes planning coordinating and implementing thecollection of samples the management of test resultsand conducting hearings in keeping with the man-

datory international standards set out in the Code

ugt testing any athlete whether or not he is a citizen orresident of Jamaica-

(IEe adosioa of this pap b aulbodz~d y LN 1UZOllI

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MI-DOPIMG IM SPORT

(g) notifjhg test results to athletes a d as the case maybe g o v m e m t s of countries other than Jamaica anti-

doping organizations of other countries or othersignatodes to the Code in accordance with bilateral ormdpilrateaca9 agreements entered into by Jamaica withsuch governments organizations or signatories

(h) entering into reciprocd testing agreements withN a t i o d Anti-Doping Organizations outside Jamaicain relation to any athlete

(0 encouraging and facilitating the negotiation by anys-porting organization and Anti-Doping Organization of

my agreement permitting their members to be testedby authorized doping control teams h r n othercom~a

63 mpmtiarg with the testing and education initiativesof WW A and other antidoping organizations

(k) supporting encouraging conducting and promotingresearch stbout doping in sport matters that contributesto the development and implementation of eficientantidoping programmes

(I) consulting with advising and assisting-

(i) G o v e m e n t departments and agencies local

authorities the Jamaica Olympic Associa-tion national sporting organizations andother bodies or persons on any mattersconcerned with doping in sport issues andrelated matters

(ii) foreign government and non-governmentalorganizations and other persons outside ofJamaica for the purpose of promoting theadoption of uniform international testingprocedures for doping in sport

(m) publishing and making available the Prohibited Listand any revision thereof to athletes and as such all

(Ihe OP)L(IDshmof h i s pap b aothorampcd by LN lUlLblll

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ANTI-DOPING IN SPORT

athletes shall be deemed to accept the Prohibited Listand any amendments thereto as binding upon

them

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

(0 ) performing any other h c t i o n s relating to doping insport that are conferred on the Commission by this orany other enactment and

07) generally taking all steps necessary or desirable to

achieve the purposes of this Act(2) In the performance of its functions the Com-

mission-

(a) shall establish for its use and for the use of itscommittees procedures that are appropriate and fair inthe circumstances

(b) shall develop appropriate procedures t+

(i) reflect the needs of athletes who are underthe age of eighteen years and

(ii) reflect the culture and any disabilities orother special concerns of athletes and

(iii) protect each athletes right to privacy

(c ) may impose fees or charges for the provision of

information advice or other services requested of theCommission (other than for information requested byan athlete relating to the athlete)

(3) The powers of the Commission may be exercised ina state other than Jamaica in relation to athletes who are citizensof Jamaica subject to the approval of the relevant foreign stateor relevant national sporting organization of such state

7 4 1 ) The Minister may after consultation with the Chair- Ministarnaygive direc-

man of the Commission give to the Commission directions in tions to

writing of a general character as to the policy to be followed by COmrnissi

the Commission in the performance of its functions as appear to

JThe inclusion of this page ip authorized by LK 123ROlll

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ANTI-DOPING IN SPORT

the Minister to be necessary in the public interest and theCommission shall give effect thereto

(2) Directions given under subsection (1) shall not relateto-

(a) a particular athlete or particular athlete supportpersonnel or

(b) doping control

(3) The Commission shall comely with any directionsgiven under subsection (1)

powerco $--(I) The Commission may with the written approval ofM-the Minister delegate any of its functions under this Act (otherthan the power of delegation) to any member officer or agent ofthe Commission

(2) A delegation under subsection (1) i s ~ v o c a b l ey the

Commission in d the delegation of a function shall not precludethe performance of the delegated function by the Commission

P m 11 Anti-Doping Rules

9 The Commission may with the approval of the Ministermaymake~ l e s make d e s (in this Act referred to as the Anti-Doping Rules)

generally for controlling the occurrence of doping in sports and

for carrying out the objects of this Act and without limitingthe generality of the foregoing such d e s may provide for-

(a) initiating implementing or enforcing any part of thedoping control process

(b) analysis of samples

(c) athlete whereabouts information

(4 consequences of Anti-Doping Rules violation

(e) assessment of costs for disciplinary hearings

results management

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ANTI-DOPING IN SPORT 19

10--(I) Except in any case where an athlete holds a ~nti- oping

Therapeutic Use Exemption Certificate and is in compliance

with the terms of such Therapeutic Use Exemption Certificatethe athlete shall be liable for the presence of any prohibitedsubstance or its metabolites or markers found in his body

(2) Subject to the exception mentioned in subsection(I) a reference in this Act to an Anti-Doping Rules violationshall mean any one of the following-

(a) the presence of a prohibited substance or its meta-bolites or markers in an athletes specimen

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

(c ) refusing or failing without compelling justification tosubmit sample collection after notification asauthorized in applicable Anti-Doping rules or

otherwise evading sample collection(4 violation of applicable requirements regarding athlete

availability for out-of-competition testing includingfailure to provide required whereabouts informationand missed tests which are declared based onreasonable rules which comply with the InternationalStandard for testing

(e) tampering or attempting to tamper with any part ofdoping control

V) possession of prohibited substances or prohibitedmethods

(g) trafficking in any prohibited substance or prohibitedmethod

(h) administration or attempted administration of aprohibited substance or prohibited method to anyathlete or assisting encouraging aiding abettingcovering up or any type of complicity involving anAnti-Doping Rules violation or any attemptedviolation

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ANTI-DOPING lA SPORT

Therapeutic Use Exemption

Therapeutic

use81-41) An athlete with a medical condition requiring the

Exemption use of a Prohibited Substance or Prohibited Method shall firstCmihk obtain a Therapeutic Use Exemption Certificate in accordance

with the provisions of this Act the Anti-Doping Rules and theInternational Standard for Therapeutic Use Exemption fromJADCO TUEC or as the case may require the internationalsporting federation under whose control the athletecompetes

(2) Notwithstanding the provisions of subsection (I) aninternational-level athlete or athlete who participates ininternational events shall apply to the international sportingfederation concerned for the Therapeutic Use ExemptionCertificate except in emergency situations no later than twenty-one days before the athletes participation in an internationalsporting event or otherwise provided for in the Anti-Doping

rules of that international sporting federation and provide toJADCO TUEC a copy of such aun application prior to theinternational event

(3) The application for a Therapeutic Use ExemptionCertificate ampom an athlete shall--

(a) be made immediately after the athlete becomes awarethat the use of a Prohibited Substance or Prohibited

Method is required and

(b) subject to any circumstance of emergency be obtainedprior to the athletes participation in any competitionor event

(4) Where an athlete who is subject to testing and hasbeen granted a Therapeutic Use Exemption Certificate by aninternational sporting federation the athlete shall immediately

report the granting of the Therapeutic Use Exemption Certificateto WADA JADCO TUEC and to the relevant national sportingorganization and shall provide to JADCO TUEC all the relevantif in n a ti o n and documentation

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ANTI-DOPING IN SPORT

(5)Every national level athlete and athleteparticipating in national events shall obtain a Therapeutic Use

Exemption Certificate fiom the SAIDCO TUEC unless such anathlete has previously received a Therapeutic Use ExemptionCertificate fiom can international sporting federation md suchTherapeutic Use Exemption Certificate is still vdid and thegrant of which has been previously reported to the JADCOTUEC and the Commission

1241) An application for a Therapeutic Use Exemption Application

Certificate to the JAIDCO TUEC shall be made in accordance Ezmwwith the International Standard for Therapeutic Use Exemption withinternational

(2) The athlete on whose behalf the application has

been made shdl provide written consent for the transmissionof-

(a) d l information pertaining to the application to theSADCO WEC and as required other independent

medical or scientific experts and to all necessary staffinvolved in the management or review of TherapeuticUse Exemptions

(b) the decision of SAC0 TUEC to be distributed toWAIDA and to other relevant Anti-Doping Orghzza-tions under the provisions of the Code

1341) The Coxnmission shall appoint a Committee to bew i n - 8

of aheknown as he J m d c a Anti-Doping Therapeutic Use Exemption -Committee (in this Act known as JADCO PPJIEC)consisting aherapeuaic

of six duly qualified medical practitioners Use

Exemlptiowcommittee

(2) The appointment of every member of the JADCOTUEC shall be evidenced by an instrument in writing whichshall state the period of o fi ce of the member not e x d i n gthree y e m as the Commission may specify in the instrument

and each member shall be eligible for re-appointment

(3) The Commission shall appoint one of the membersof the JADCO TUEC to be the Chairperson thereof

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ANTI-DOPING IN SPORT

Fampons

of JADCOTUEC

NotificationofTherapeuticUseExemption

WADA mayreview andrevmeTUECertificate

(4) The JADCO TUEC sh dl act independently of theCommission and shall not have any other official responsibility

within the Commission(5) Where any member of the JADCO FUEC is

connected with an athlete (having regkd to their familialbusiness or other relationship) or has an interest in any nationalsporting organization or international sporting federation such amember is excluded fiom considering any application forTherapeutic Use Exemption fiom that athlete or as the case maybe any athlete who is a member or participant in a sporiing eventorganized or sanctioned by the international sporting federationor national sporting organization in which he has an interest

14 The hcc tions of the JADCO TUEC shall be to-

(a) receive and exmine applications from national-levelathletes for Therapeutic Use Exemption Certificates

(6) g m t Therapeutic Use Exemption Certificates

(c) revoke Therapeutic Use Exemption Certificates

(4 perform any other fipnctions that are conferred orimposed on it by this Act

15--(I) The JADCO TUEC shall promptly notify theCommission of its decision to grant a Therapeutic UseExemption Certificate

(2) The Commission upon being notified by JADCOTUEC of the grant of a Therapeutic Use Exemption Certificateshall notify WADA thereof

16 Where the JADCO TUEC has made a decision to grantor deny the grant of a Therapeutic Use Exemption Certificate toan athlete WADA at the request of the athlete or on its own initiative may review the p t r denial of the Therapeutic UseExemption Certificate and where WADA determines that the

granting or denial of such Therapeutic Use ExemptionCertificate did not comply with the International Standard forTherapeutic Use Exemption in force at the time then WADAmay reverse the decision to grant or deny the Therapeutic Use

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ANTI-DOPING IN SPORT

Exemption Certificate

17 Tlhe C O ~ I ~ S S ~ O ~hall tecognk the results of laboratory Recognition

d y s i s by other anti-doping organizations once conducted in 0 2 f t ~ faccordance with the WADA International Standard for Dopin

Testing o l g a n d ~ n ~

PART W isciplinary Panel Appeals

18 There is established for the purposes of this Act a M y listm mat

to be d l e d the Jamaica Anti-Doping Disciplinary Panel and theprovisions of the Second Schedule shall have effect as to the hti- oping

constitution and pmcedw of the Disciplinary Panel and Fzhqotherwise in relation thereto second

Schedule

19 Where it appears that there has been an Anti-Doping CommissionI 0der

Rules violation the Commission shall refa the matter to theDisciplinary Panel hearing

20--41) The functions of the Disciplinary Panel shall be Functi0mof

to- the Anti-Doping~ i amp i amp n q

( a ) receive examine and hear evidence relating to an -I

Anti-Doping R des violation

(8) conduct disciplinary hearings related to Anti-DopingRules violations referred to it by the Commission

( c ) determine whether a violation of the Anti-DopingRules has occurred

(4mpose consequences of Anti-Doping Rules yiola-tions

( e ) perfom any other functions that are conferred orimposed on the Disciplinary Panel by this Act

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ANT-DOPINGIN SPORT

EstablishmentofJamaicaAnti-DopingAppealsTribunalThirdSchedule

(2) The Disciplinary Panel shdl consequent onreceiving a written reference h m he Commission asserting an

Anti-Doping rules violation-

(a) within fourteen days of the date of receipt of thereference commence a hearing

(b) within twenty days of the date of receipt of thereference issue a written decision

(c ) within thirty days of the date of receipt of the

reference issue written reasons for the decision givenin paragraph (b)

2 1 4 1 ) Subject to section 23 where-

(a) any athlete or other person who is the subject of thedecision being ap p d e d

(b) the C om iss io n

(c ) the relevant international sporting federation

(8 ) relevant nationd sporting organization

(e) the Jamaica Olympic Association

WADA

is aggrieved by a decision of the Disciplinary Panel that personor body may witkin fourteen days of the decision of theDisciplinary Panel and in the prescribed m m e r lodge magpeal with the Appeds Tribunal established under section 22against any decision of the Disciplinary Panel

(2) Every decision of the Disciplinary Pm el in respectof a Anti-Doping Rules violation shdl remain in effect duringthe appeal process unless the Appeal Tribunal otherwiseorders

2 2 4 1 ) For the purposes of an appeal under section 21there is hereby established an Appeds Tribunal to be calledthe Jamaica Anti-Doping Appeals Tribunal constituted inaccordance with the Third Schedule

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ANTI-DOPIAG IN SPORT

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

(a) PO hear and determine issues arising fiom a decision ofthe Disciplinary Panel-

(i) that an Anti-Doping Rules violation wascommitted

(ii) imposing consequences of an Anti- DopingRules violation

(iii) ohat ara Anti-Doping Rules violation was not

committed(iv) that an anti-doping orgmimtion lacks

jurisdiction to rule on an Anti-Doping Rulesviolation or consequences of rn Anti-DopingRules violation

(v) to impose a provisional suspension as a result

of a paovisiond hearing

(b ) to determine the consequences of an Anti-DopingR d es violation to to mposed

(c) to perform any other hctions hat me c o n f e d orimposed on the Appeals T r i b d by virtue of this Act

(3) The Appeds T r i b d shdl consequent on thelodging of an appeal under subsection (1)-

(a) within twenty-one days of lodging receive h a mdex m in e the evidence relating to the ap

(b) within thirty days of the date of lodging issue ao

written decision

(c) within sixty days of the date of l dgin g issue writtenreasons for the decision

(4) kra appeal shdl not in its entirety exceed three

months except in extenuating c k w n a m c e s

23 M e r e an appeal is in respect of an i n t e m ~ o dvent ~ S O F

iclkrdonellor a m e nvolving an nternational-level athlete the decision of amp

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ANTI-DOPING IN SPORT

the Disciplinary Panel may k appealed directly to the Court ofArbitration

Apr of 24-41) Any decision by WADA reversing the grant of aTherapeutic Use Exemption Certificate or as the case be the

d refusal to grant may be appealed directly by the athlete or theUw

~xwptimCommission to the Court of Arbitration

M B e (2) Where an international-level athlete has made an

application for a Therapeutic Use Exemption Certificate andthe international sporting federation has reksed to grarnt

such Therapeutic Use Exemption Certificate the athlete mayappeal exclusively to the Court of Arbitration in respect ofthe refusal to grant the Therapeutic Use ExemptionCertificate

(3) Where the JADCO TUEC has refused to grant aTherapeutic Use Exemption Certificate to a national-levelathlete the athlete may make an appeal to the Appeals Tribunal

(4) Where the Appeals Tribunal reverses the decision ofthe JADCO TklEC to grant a Therapeutic Use ExemptionCertificate WADA may appeal to the Court of Arbitration

Miscellaneous

canmtaity 25-41) Every-

(a ) member of the Commission(b) officer m d employee of the Com is si on

(c) expert retained by the Commission to m i s t in itsinvestigations and delikrations

(4 ember of the Appeals Tribunal

(e ) member of the JADCO TUEC

V) member of the Disciplinary Panel

shall keep secret and confidential all information coming to hisknowledge in the course of the administration of this Act exceptin so far as the Commission authorizes that pason to releasethat information

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ANTI-DOPING IN SPORT

(2) Any person who contravenes subsection (1) shd lbe guilty of an offence and s M l be liable on smw

conviction in a Resident Magistrates Court to a fine notexceeding one million dollars

26-41) The Minister may make regulations generally for awlations

giving effect to the provisions of this Act and without prejudiceto the generality of the foregoing the regulations may pmvidefor-

(a) the determination and collection of fees m d charges in

connection with the exercise of the Ruactions of theCommission

(b) the keeping of such records as the Minister may

require for the pwposes of this Act

(c) the forms to be used for the ppsrposes of this Act and

(4 mything required by this Act to be prescribed

(2) Regulations made under subsection (1) may pmvidefor the imposition of a penalty on summary conviction in a

Resident Magistrates Cowt of a fine not ex ce din g one milliondollars or a term of imprisonment not e x d i n g six months orboth such fine and imprisonment

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ART-DOBlNG lN SPORT

Constitution and Procedure of the Jamaica Anti-Doping Commission

1 The Commission shall consist of the following mem krs-

(a) not less than nine md not more than thirteen persons who theMinister is satisfied am of high integrity and able to exercise soundjudgment in faz8filling their responsibilities under this Act

(heminafter r e f e d to asappointed memkmsn)

(b) the Executive Director of the Commission and the PemmentSempary or his nominee (heminailer r e f e d to as ex-officiomembers)

2 The appointed members of the Commission shall be appointed by theMinister by instrument in writing and shall subject to the provisions of thisSchedule hold office for a pmisd of three years

3 Every appointed member shall be eligible for re-appointment

4 4 1 ) The Minister shdl appoint a chairman and a deputy chairman fromamong the appointed members

(2) ln the case of absence or inability to act of the chaiman thedeputy chairman shall perform the functions of the chaiman

(3) In the case of absence or inability to act of both the chairman and

deputy chairman the Minister may appoint any other member to perform thefunctions of the chairman or as he case may be the deputy chairman duringsuch absence or incapacity

5 If any member is absent or unable to pedorm his duties due to absenceor illness the Minister may appoint any person to act in the place of that

member so however that such appointment shall be made in the m emanner and fiom among the same category of p o n s as would be requiredin the case of a substantive appointment

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

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

(6) is convicted and sentenced to a tenn of imprisonment

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

(4 ngages in such activities as are reasonably consided prejudicialto the interest of the Commission

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M I- D O P IN G IN SPORT 29

7 Thew shall be paid to the members of the Commission such ~mlanaretfol~

remuneration (whether by way of honowriurn salary fees or allowances) as of^^

the Minister with responsibility for the public service may determine

8 Fiye members of the Commission shall form a quorum at any m m

meeting

9 - 4 1 ) An appointed member other than the chahan may at any time Resignation

resign his office by instrument in writing addressed to the Minister and

transmitted through the chairman and fiom the date of receipt by the Minister

of such instrument that person shall cease to be a member

(2) The chairman may at any time resign his office by instrument

in writing addressed to the Minister and such resignation shallrtake eflst

as from the date of receipt by the Minister of that insitmment

10 If any vacancy occurs in the membership of the Commission Fillingof

such vacancy shall be filled by the appointment of another member vrmcmcics

B 1 4 1) No p w i n g s shall be brought or instituted before any co w or meah

tribunal personally against any member of the Commission in respect of my of ~~~act done bonaflde in pursuance or execution or intended execution of this

A n

(2) Where any member is exempt from liability by reason only ofthe provisions of this paragraph the Commission shall be liable to the extent

that it would be if that member were an employee or agent of the

Commission

I f The names of all members of the Commissionas first constimed and Gazetting of

every change therein shall be published in the Gazette ~ h h i p

Administrbrion and Fdnance

1341) The Commission shall appoint and employ at such remuneration ampin-8

and on such terms and conditions as it thinks fit an Executive Director a zySecretary and such other officers employees and agents as it considers mflom

necessary for q e proper carrying out of its functions

(2) Notwithstanding sub-paragraph (1)-

(a) a salary in excess of the prescribed rate shall not be assigned to

any post without the prior approval of the Minister and

(b) an appointment shall not be made to any post to which a salary in

excess of the prescribed rate is assigned without the prior approval

of the Minister

(3) In this section prescribed me means such rate as thk

Minister with responsibility for the public service may by order prescribe

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38 M-DOPING N SPORT

W i 14 The Commission may with the written appmval of the Minister-gmwitksmd

~iharuirimg (a) enter into ammgements respecting schemes whether by way of

bencri insurance policies of otherwise or(6) make regulations

for medical h e f i 4 pensions gratuities and other retiring benefits ordisability or death benefits relating to employees of the Commission andsuch arrangements or regulations may include provisions for the g m t ofbenefits to the dependants and the legal personal representatives of suchemployees

Fundo lad 1 5 4 1) The dunds and resources of the Commission shall consist of-fsaufca ofC g m n i h (a) such funds as may be provided by Parliament for the Commission

in the annual Estimates of Revenue and Expenditum

(b) revenues ampom fees and charges impsed by the Commission form y -ices p d d d by it or the use of any facility

(c) s ~ c h m s as may beallocated b m time to time to theCommission b m esearch or education gmts or fiwm loan fundsand

(d)all o t h a m s r property which may in any manner becomepayable to or vested in the Commission in respect of any matterincidental to its functions

(2) The expenses of the Commission including the remunerationof members md employees shall be paid out of the funds of theCommission

~BDPKCDLO 16 All moneys s f the Commission not q u i r e d to be expended fork v a the purpose of meeting any of the obligations or discharging any of them finctions of the Commission may be invested in such securities as the

Commission may afier consultation with the Minister responsible forfinance consider appropriate and the Commission may sell all or any of suchsecurities

d 17---(I) The Commission shall keep proper accounts and other records inmlation to its business and shall prepare mually in msgect of each financialyear a statement of accounts in a form satisfactory to the Minister beinga form which eon foms with established accounting principles

(2) The accounts of the Commission shall be audited annually by anauditor or auditors appointed by the Commission and approved by theMinis-

(3) The members ofticers and employees ofthe Commission shall-

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ANTI-DOPING IN SPORT 3 1

(a) grant to the auditor appointed under sub-paragraph (2) accessto all books documents cash and securities of the Commissionand

(b) give to the auditor on request all such information as may be

within their knowledge in relation to the Commissions operations

(4) The auditors fees and any expenses of the audit shall be paid bythe Commission

(5) The Auditor-General shall be entitled at all reasonable times toexamine the accounts and other records in relation to the business of theCommission

l8-(l) The Commission shall within six months afterthe end of each A n n d

financial year or within such longer priod as the Minister may in spcialcircumstances allow cause to be made and transmit to the Minister a regort edi-

dealing generally with the activities of the Commission during the precedingyear including-

(a) a statement of its accounts audited in accordance with paragraph 17

(b) a statement of the outcomes and findings of its annual testing

programme including satis tical information on-(i) the provision of samples by athletes

(ii) the testing of samples so provided and

(iii) the extent of the participation of ~ a ti o na l sportingorganizations in testing programmes operated or suppofldby the Commission

(c) the results of Anti-Doping research undertaken by or supported bythe Commission

(4 summary of the education and public information programmesundertaken by or supported by the Commission and

(e) particulars of the extent to which the Commission has compllidwith and achieved the objectives of any sb-ategic plan and theoperational plan in force during the financial year to which theregort relates

(2) The Minister shall cause copies of the report together with the

a n n u l statement of accounts and the auditors report thereon to belaid on theTable of the House of Representatives and of the Senate

(3) The Commission shall before a date specified by the Minisampsubmit to the Minister for his approval estimates of revenue and expenditurefor the ensuing year

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32 ANTI-DOFING IN SPORT

Exemption 1 The income of the Commission shall be exempt fiom incomefminsome

tax

SECOND CHEDULE (Seaion 18)

Constirution of h e Jamaica Awi-Dop ing Disciplinary Panel

Cm d t u t h 141) The Disciplinary Panel shall consist of not more than nineOf Discipi- persons appointed as fol~ows-nsr)Pawl

(a) m chairman and two vice chairmen each of whom shall be legal

practitioners of not less than 18 years of experience

(b) three persons each of whom has been duly qualified medical

practitioners for not less than five years

(el three additioilal members each of whom shall be or has previously

been a spaas administrator or an athlete

(2) The chairman or in his absence the vice chairman shall

appoint three members frsm the panel to hear and determine each case

(3) Every hearing shall comprise of the chairman or a vice chairman

as chairman of the hearing panel one medical pmctitioner member and one- sp rt s dminismtosor athlete member

Tenurecf 2 The members shall be a~pointedby the Minister by instrument inofiw w-riting md shall subject to the provisions of this Schedule hold ofice for a

period of three years

lp 3 Every member shall be eligible for re-a~pointment

qipkmlm

~c t i ng 4 If my member is absent or unable to act the Minister may appoint anyWiatmesrtscerson to act in the glace of that member so however that such appointment

shdl be made in the same manner and frsm among the same category of

persons as would be required in h e case of a substantive appointment

Ip-b 5 The Minister may at any time revoke the appointment of any member

of the Disciplil~~~jymel if such member-8mm

(a) becomes ~f unsound mind or becomes pemanently unable to

p f o m his frsnctions by reason of i l l health

(b) is wnvicted and sentencedto a term of imprisonment

(6 ) hils withotit peasonable excuse to carny out any of the functions

m L d r ionposed on him under this Act or

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ANTI-DOPING IN SPORT 33

( 8 ) engages in such activities as are reasonably considered prejudicialto the interest of the Commission

16 There shall be paid to the members of the Disciplinary Panel such Remuneration

remuneration (whether by way of honorarium salary fees or allowances) as ofmembersthe Minister may determine

7 - (1 ) Any member other than the chairman may at any time resign Resignation

his office by instrument in writing addressed to the Minister and transmittedthrough the chairman and from the date of receipt by the Minister of suchinstrument that person shall cease to be a member

(2) The chairman may at any time resign his office by instrument

in writing addressed to the Minister and such resignation shall take effect asfrom the date of receipt by the Minister of that instrument

8 If any vacancy occurs in the membership of the Disciplinary Panel Fillingof

such vacancy shall be filled by the appointment of another member so vacancies

however that such appointment shall be made in the same manner and fromthe same category of persons as would be required in the case of the originalappointment

9 - ( l ) No proceedings shall be brought or instituted before any court or htection

tribunal personally against any member of the Disciplinary Panel in respect ofmembers

of any act done bo na jide in pursuance or execution or intended execution ofthis Act

(2) Where any member is exempt from liability by reason only ofthe provisions of this paragraph the Disciplinary Panel shall be liable to theextent that it would be if that member were an employee or agent of theDisciplinary Panel

10 The names of all members of the Disciplinary Panel sas first Gazettingof

constituted and every change therein shall be published in the Gazette membership

THIfttl SCHEDULE (Section 22)

Constitutionof the Jamaica Anti-Doping Appeals Tribunal

1 The Appeals Tribunal shall consist of sir person- ConstitutionofAppeals

(a) a chairman and vice-chairman k i n g both persons who have Panel

served as either a Judge of the Court of Appeal or of the SupremeCourt

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ANTILDOPING IiV SPORT

(b) persons who have served in-

Actingwepombmnts

Revocationof

appointment

Remunetation

Resignation

Filling ofvacancies

(i) the post of a Director of Public Prosecutions or a senior

member of staff of the Office of the Director of PublicProsecutions

(ii) sports administration for at least ten years

(iii) sports medicine for at least ten years

2 The members of the Appeals Tribunal shall be appointed by theMinister by instrument in writing and shall subject to the provisions of thisSchedule hold office for a period of three years

3 Every member shall be eligible for re-appointment

4 If any member of the Appeals Tniunal is absent or unable to performhis duties the Minister may appoint any person to act in the place of thatmember so however that such appointment shall be made in the samemanner and h m mong the same category of persons as would be requiredin the case of a substantive appointment

5 The Minister may at any time revoke the appointment of any memberof theCommission if such member-

(a) becomes of unsound mind or becomes pe-rmanently unable toperform his functions by w o n of i l l health

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

(c) fails without reasonable excuse to cany out any of the functionsconferred or imposed on him under this Act or

(4 ngages in such activities as are reasonably considered prejudicialto the interest of the Commission

6 There shall be paid to the members of the Appeals Tribunal suchremuneration (whether by way of honorarium salary fees or allowances) asthe Minister may determine

7-41) Any member other than the chairman may at any time resign hisoffice by instrument in writing addressed to the Minister and transmittedthrough the chairman and from the date of receipt by the Minister of suchinstrument that person shall cease to be a member

(2) The chairman may at any time resign his oflice by instrument inwriting addressed to the Minister and such resignation shall take effect asfrom the date of receipt by the Minister of that instrument

8 If any vacancy occurs in the membership of the Appeals Tribunal suchvacancy shall be filled by the appointment of another member so however

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ANTI-DOPING IN SPORT

that such appointment shall be made in the same manner and h m he samecategory of persons as would be required in the case of the original

appointment9+1) No proceedings shall be brought or instituted before any court Rotection

or tribunal personally against any member of the Appeals Tribunal in respect of members

of any act done bonafide in pursuance or execution or intended execution ofthis Act

(2) Where any member is exempt from liability by reason only of theprovisions of this paragraph the Appeals Tribunal shall be liable to theextent that it would be if that member were an employee or agent of the

Appeals Tribunal10 The names of all members of the Appeals Tribunal as first constituted Gazatingof

and every change therein shall be published in the Gmette Membenhip

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Jamaica

we in relation to a prohibited substance or prohibitedmethod m e w the application ingestion injection orconsumption by any means whatsoever of anyprohibited substance or prohibited method as the casemay be

World Anti-Doping Agency or WABA means thebody founded by the hternatiod OlympicCommittee and constituted as a foundation in

husanne Switzerland by an instrument of foundationsigned on November 10 1999 and named in thatinstrument a s the World Anpi-Doping Agency

3 The objects of this Act are to-

(a) promote a drug-free environment for sport andprovide athletes and athlete support personnel withprotection of their right to participate in h g - f k e

sport and thus promote h d t h fairness and quali tyfor d l participants in s p r t s and

(6) ensure harmonized coordinated and effective sportsanti-dgping programmes at the national levell andinternational level with regard to the detectiondeterrence and prevention of doping and

objectsofAct

(c ) respect the rights of individuals and national sportingorganizations by the application of f i r procedures forand meam to oversee doping control determinationof Anti-Doping Rules Violations and theirconsequences and other decisions made in the interestof drug-free sports

4 4 1 ) For the purposes of doping conml the following App1i68ti0

persons are governed by this Act-

(a) a person who has been selected to compete as arepresentative of Jamaica in an international sportingcompetition

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(b ) a person who competes in a national sportingcompetition

(c) a person who has been assessed by a Jamaicannational sporting organization as having thepotential to represent Jamaica in an internationalsporting competition

(4 a person who competes as a member of a team ina sporting competition (whether held or to Be

held in or outside Jamaica) at a level whichinvolves participation of the following-

(i) teams that represent Jamaica or

(ii) teams that represent organizations inJamaica and contain members who havek n ssessed by a Jamaican nationalsporting organization as having the

potential to represent Jamaica inan

international sporting competition

(e) a person who competes in sprting competitionand-

(i) is receiving financial or other sport-related support from the Government ofJamaica or an agency of the Govern-

ment or

(li) is a party to an arrangement with theGovernment of Jamaica under which theperson will receive financial or othersport-related support fiom the Govern-ment or an agency of the Government

(i) who has been assessed by a nationalsporting organization or an internationalsporting federation as having reachedsuch a standard of performance in the

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ANTI-DOPING IN SPORT

field of sporting activity in which hecompetes as to be capable of represemt-

ing in international sporting competitionthe country of which he is a citizen or inwhich he is oqiinarily resident and

(ii) in respect of whom the Commission has

been requested by a National Anti-Doping Organization of a country otherthan Jamaica to obtain a sample for

testing or(g ) a person whose name is entered on the

Commissions Registered Testing Pool ofinternational-level and national-level athletes andwho--

(i) has been notified of his inclusion in theCommissions Registered Testing Pool

and(ii) as a direct result of having his name so

entered is required to file quarterlywhereabouts information with the Com-mission on forms provided by the om-mission which s p i f l on a daily basisthe locations and times where theathlete will be residing training or

competing

(2) Subject to subsection (3 person who at anyparticular time-

(a) is in training or has at any time within the precedingtwelve months trained to compete in a sportingcompetition or

(8) has at any time within the preceding twelve monthscompeted in a sporting competition

is deemed for the purposes of subseetion (1) to be a person whocompetes in a sporting competition

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(3) For the purposes of this Act a person is deemed notto have been an athlete at a particular time if the person had-

(a) given prior written notification to the relevant nationalsporting organization that he had retired from takingpart iam sporting competition

(b ) not since the written notification was given takenpart in a sporting competition and

( c ) been informed by the Commission that he no longersatisfies the criteria for inclusion in the RegisteredTesting Pool

(4) A person who has given written notice of retirementfrom taking part in sporting competition to the relevant nationalsporting organization and who is not serving a period ofineligibility may not resume competing d e s s he has given theCommission at least twelve months prior written notice that heexpects to return to competition and is available for no-advancenotice out-of-competition testing during the period

PART 1 Jamaica Anti-Doping CommissionEstablishment and Functions

-lisBlmmt --(I) There is hereby established for the purposes of thisofJmb

~ n t i - w m g Actp a M y o be called the Jamaica Anti-Doping Commissionammissio which shall be a body corporate to which section 28 of the

Interpretation Act appliesFirst ( 2 )The provisions of the First Schedule shall have effectSckduie

as to the constitution and procedure of the Commission andotherwise in relation thereto

Fm-of 6-41) The Commission shall perform such functions as areChmission

necessary to facilitate the control and prevention of doping insports including-

( a ) implementing the policies and programm es of theGovernment against doping in sport

(b ) doing dl things necessary to comply with andimplement any Article of the Code

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ANTI-DOPING nsJ SPORT

(c) planning implementing and monitoring informationand education progammes aimed at educating

athletes athlete support personnel parents the mediaand the general public in Jamaica about doping insport matters such as-

(i) the health consequences of doping

(ii) the harm of doping to the ethical values ofsport

(iii) prohibited substances and prohibited methods

(iv) therapeutic use exemptions

(v) nutritional supplements

(vi) doping control procedures and resultsmanagement

(vii) the athletes rights and responsibilities inregard to doping in sport and the con-sequences of committing an Anti-DopingRules violation

(4 establishing a register for the Registered Testing Poolof national-level and international-level Jamaicaathletes who are citizens or residents of and noting

such athletes and relevant national sporting oiganiz-ations of entries made in the register

(e) directing the anti-doping programme of the Govew-ment specific to sports including conducting testing ofathletes planning coordinating and implementing thecollection of samples the management of test resultsand conducting hearings in keeping with the man-

datory international standards set out in the Code

ugt testing any athlete whether or not he is a citizen orresident of Jamaica-

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MI-DOPIMG IM SPORT

(g) notifjhg test results to athletes a d as the case maybe g o v m e m t s of countries other than Jamaica anti-

doping organizations of other countries or othersignatodes to the Code in accordance with bilateral ormdpilrateaca9 agreements entered into by Jamaica withsuch governments organizations or signatories

(h) entering into reciprocd testing agreements withN a t i o d Anti-Doping Organizations outside Jamaicain relation to any athlete

(0 encouraging and facilitating the negotiation by anys-porting organization and Anti-Doping Organization of

my agreement permitting their members to be testedby authorized doping control teams h r n othercom~a

63 mpmtiarg with the testing and education initiativesof WW A and other antidoping organizations

(k) supporting encouraging conducting and promotingresearch stbout doping in sport matters that contributesto the development and implementation of eficientantidoping programmes

(I) consulting with advising and assisting-

(i) G o v e m e n t departments and agencies local

authorities the Jamaica Olympic Associa-tion national sporting organizations andother bodies or persons on any mattersconcerned with doping in sport issues andrelated matters

(ii) foreign government and non-governmentalorganizations and other persons outside ofJamaica for the purpose of promoting theadoption of uniform international testingprocedures for doping in sport

(m) publishing and making available the Prohibited Listand any revision thereof to athletes and as such all

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athletes shall be deemed to accept the Prohibited Listand any amendments thereto as binding upon

them

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

(0 ) performing any other h c t i o n s relating to doping insport that are conferred on the Commission by this orany other enactment and

07) generally taking all steps necessary or desirable to

achieve the purposes of this Act(2) In the performance of its functions the Com-

mission-

(a) shall establish for its use and for the use of itscommittees procedures that are appropriate and fair inthe circumstances

(b) shall develop appropriate procedures t+

(i) reflect the needs of athletes who are underthe age of eighteen years and

(ii) reflect the culture and any disabilities orother special concerns of athletes and

(iii) protect each athletes right to privacy

(c ) may impose fees or charges for the provision of

information advice or other services requested of theCommission (other than for information requested byan athlete relating to the athlete)

(3) The powers of the Commission may be exercised ina state other than Jamaica in relation to athletes who are citizensof Jamaica subject to the approval of the relevant foreign stateor relevant national sporting organization of such state

7 4 1 ) The Minister may after consultation with the Chair- Ministarnaygive direc-

man of the Commission give to the Commission directions in tions to

writing of a general character as to the policy to be followed by COmrnissi

the Commission in the performance of its functions as appear to

JThe inclusion of this page ip authorized by LK 123ROlll

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ANTI-DOPING IN SPORT

the Minister to be necessary in the public interest and theCommission shall give effect thereto

(2) Directions given under subsection (1) shall not relateto-

(a) a particular athlete or particular athlete supportpersonnel or

(b) doping control

(3) The Commission shall comely with any directionsgiven under subsection (1)

powerco $--(I) The Commission may with the written approval ofM-the Minister delegate any of its functions under this Act (otherthan the power of delegation) to any member officer or agent ofthe Commission

(2) A delegation under subsection (1) i s ~ v o c a b l ey the

Commission in d the delegation of a function shall not precludethe performance of the delegated function by the Commission

P m 11 Anti-Doping Rules

9 The Commission may with the approval of the Ministermaymake~ l e s make d e s (in this Act referred to as the Anti-Doping Rules)

generally for controlling the occurrence of doping in sports and

for carrying out the objects of this Act and without limitingthe generality of the foregoing such d e s may provide for-

(a) initiating implementing or enforcing any part of thedoping control process

(b) analysis of samples

(c) athlete whereabouts information

(4 consequences of Anti-Doping Rules violation

(e) assessment of costs for disciplinary hearings

results management

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ANTI-DOPING IN SPORT 19

10--(I) Except in any case where an athlete holds a ~nti- oping

Therapeutic Use Exemption Certificate and is in compliance

with the terms of such Therapeutic Use Exemption Certificatethe athlete shall be liable for the presence of any prohibitedsubstance or its metabolites or markers found in his body

(2) Subject to the exception mentioned in subsection(I) a reference in this Act to an Anti-Doping Rules violationshall mean any one of the following-

(a) the presence of a prohibited substance or its meta-bolites or markers in an athletes specimen

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

(c ) refusing or failing without compelling justification tosubmit sample collection after notification asauthorized in applicable Anti-Doping rules or

otherwise evading sample collection(4 violation of applicable requirements regarding athlete

availability for out-of-competition testing includingfailure to provide required whereabouts informationand missed tests which are declared based onreasonable rules which comply with the InternationalStandard for testing

(e) tampering or attempting to tamper with any part ofdoping control

V) possession of prohibited substances or prohibitedmethods

(g) trafficking in any prohibited substance or prohibitedmethod

(h) administration or attempted administration of aprohibited substance or prohibited method to anyathlete or assisting encouraging aiding abettingcovering up or any type of complicity involving anAnti-Doping Rules violation or any attemptedviolation

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ANTI-DOPING lA SPORT

Therapeutic Use Exemption

Therapeutic

use81-41) An athlete with a medical condition requiring the

Exemption use of a Prohibited Substance or Prohibited Method shall firstCmihk obtain a Therapeutic Use Exemption Certificate in accordance

with the provisions of this Act the Anti-Doping Rules and theInternational Standard for Therapeutic Use Exemption fromJADCO TUEC or as the case may require the internationalsporting federation under whose control the athletecompetes

(2) Notwithstanding the provisions of subsection (I) aninternational-level athlete or athlete who participates ininternational events shall apply to the international sportingfederation concerned for the Therapeutic Use ExemptionCertificate except in emergency situations no later than twenty-one days before the athletes participation in an internationalsporting event or otherwise provided for in the Anti-Doping

rules of that international sporting federation and provide toJADCO TUEC a copy of such aun application prior to theinternational event

(3) The application for a Therapeutic Use ExemptionCertificate ampom an athlete shall--

(a) be made immediately after the athlete becomes awarethat the use of a Prohibited Substance or Prohibited

Method is required and

(b) subject to any circumstance of emergency be obtainedprior to the athletes participation in any competitionor event

(4) Where an athlete who is subject to testing and hasbeen granted a Therapeutic Use Exemption Certificate by aninternational sporting federation the athlete shall immediately

report the granting of the Therapeutic Use Exemption Certificateto WADA JADCO TUEC and to the relevant national sportingorganization and shall provide to JADCO TUEC all the relevantif in n a ti o n and documentation

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ANTI-DOPING IN SPORT

(5)Every national level athlete and athleteparticipating in national events shall obtain a Therapeutic Use

Exemption Certificate fiom the SAIDCO TUEC unless such anathlete has previously received a Therapeutic Use ExemptionCertificate fiom can international sporting federation md suchTherapeutic Use Exemption Certificate is still vdid and thegrant of which has been previously reported to the JADCOTUEC and the Commission

1241) An application for a Therapeutic Use Exemption Application

Certificate to the JAIDCO TUEC shall be made in accordance Ezmwwith the International Standard for Therapeutic Use Exemption withinternational

(2) The athlete on whose behalf the application has

been made shdl provide written consent for the transmissionof-

(a) d l information pertaining to the application to theSADCO WEC and as required other independent

medical or scientific experts and to all necessary staffinvolved in the management or review of TherapeuticUse Exemptions

(b) the decision of SAC0 TUEC to be distributed toWAIDA and to other relevant Anti-Doping Orghzza-tions under the provisions of the Code

1341) The Coxnmission shall appoint a Committee to bew i n - 8

of aheknown as he J m d c a Anti-Doping Therapeutic Use Exemption -Committee (in this Act known as JADCO PPJIEC)consisting aherapeuaic

of six duly qualified medical practitioners Use

Exemlptiowcommittee

(2) The appointment of every member of the JADCOTUEC shall be evidenced by an instrument in writing whichshall state the period of o fi ce of the member not e x d i n gthree y e m as the Commission may specify in the instrument

and each member shall be eligible for re-appointment

(3) The Commission shall appoint one of the membersof the JADCO TUEC to be the Chairperson thereof

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Fampons

of JADCOTUEC

NotificationofTherapeuticUseExemption

WADA mayreview andrevmeTUECertificate

(4) The JADCO TUEC sh dl act independently of theCommission and shall not have any other official responsibility

within the Commission(5) Where any member of the JADCO FUEC is

connected with an athlete (having regkd to their familialbusiness or other relationship) or has an interest in any nationalsporting organization or international sporting federation such amember is excluded fiom considering any application forTherapeutic Use Exemption fiom that athlete or as the case maybe any athlete who is a member or participant in a sporiing eventorganized or sanctioned by the international sporting federationor national sporting organization in which he has an interest

14 The hcc tions of the JADCO TUEC shall be to-

(a) receive and exmine applications from national-levelathletes for Therapeutic Use Exemption Certificates

(6) g m t Therapeutic Use Exemption Certificates

(c) revoke Therapeutic Use Exemption Certificates

(4 perform any other fipnctions that are conferred orimposed on it by this Act

15--(I) The JADCO TUEC shall promptly notify theCommission of its decision to grant a Therapeutic UseExemption Certificate

(2) The Commission upon being notified by JADCOTUEC of the grant of a Therapeutic Use Exemption Certificateshall notify WADA thereof

16 Where the JADCO TUEC has made a decision to grantor deny the grant of a Therapeutic Use Exemption Certificate toan athlete WADA at the request of the athlete or on its own initiative may review the p t r denial of the Therapeutic UseExemption Certificate and where WADA determines that the

granting or denial of such Therapeutic Use ExemptionCertificate did not comply with the International Standard forTherapeutic Use Exemption in force at the time then WADAmay reverse the decision to grant or deny the Therapeutic Use

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Exemption Certificate

17 Tlhe C O ~ I ~ S S ~ O ~hall tecognk the results of laboratory Recognition

d y s i s by other anti-doping organizations once conducted in 0 2 f t ~ faccordance with the WADA International Standard for Dopin

Testing o l g a n d ~ n ~

PART W isciplinary Panel Appeals

18 There is established for the purposes of this Act a M y listm mat

to be d l e d the Jamaica Anti-Doping Disciplinary Panel and theprovisions of the Second Schedule shall have effect as to the hti- oping

constitution and pmcedw of the Disciplinary Panel and Fzhqotherwise in relation thereto second

Schedule

19 Where it appears that there has been an Anti-Doping CommissionI 0der

Rules violation the Commission shall refa the matter to theDisciplinary Panel hearing

20--41) The functions of the Disciplinary Panel shall be Functi0mof

to- the Anti-Doping~ i amp i amp n q

( a ) receive examine and hear evidence relating to an -I

Anti-Doping R des violation

(8) conduct disciplinary hearings related to Anti-DopingRules violations referred to it by the Commission

( c ) determine whether a violation of the Anti-DopingRules has occurred

(4mpose consequences of Anti-Doping Rules yiola-tions

( e ) perfom any other functions that are conferred orimposed on the Disciplinary Panel by this Act

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EstablishmentofJamaicaAnti-DopingAppealsTribunalThirdSchedule

(2) The Disciplinary Panel shdl consequent onreceiving a written reference h m he Commission asserting an

Anti-Doping rules violation-

(a) within fourteen days of the date of receipt of thereference commence a hearing

(b) within twenty days of the date of receipt of thereference issue a written decision

(c ) within thirty days of the date of receipt of the

reference issue written reasons for the decision givenin paragraph (b)

2 1 4 1 ) Subject to section 23 where-

(a) any athlete or other person who is the subject of thedecision being ap p d e d

(b) the C om iss io n

(c ) the relevant international sporting federation

(8 ) relevant nationd sporting organization

(e) the Jamaica Olympic Association

WADA

is aggrieved by a decision of the Disciplinary Panel that personor body may witkin fourteen days of the decision of theDisciplinary Panel and in the prescribed m m e r lodge magpeal with the Appeds Tribunal established under section 22against any decision of the Disciplinary Panel

(2) Every decision of the Disciplinary Pm el in respectof a Anti-Doping Rules violation shdl remain in effect duringthe appeal process unless the Appeal Tribunal otherwiseorders

2 2 4 1 ) For the purposes of an appeal under section 21there is hereby established an Appeds Tribunal to be calledthe Jamaica Anti-Doping Appeals Tribunal constituted inaccordance with the Third Schedule

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ANTI-DOPIAG IN SPORT

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

(a) PO hear and determine issues arising fiom a decision ofthe Disciplinary Panel-

(i) that an Anti-Doping Rules violation wascommitted

(ii) imposing consequences of an Anti- DopingRules violation

(iii) ohat ara Anti-Doping Rules violation was not

committed(iv) that an anti-doping orgmimtion lacks

jurisdiction to rule on an Anti-Doping Rulesviolation or consequences of rn Anti-DopingRules violation

(v) to impose a provisional suspension as a result

of a paovisiond hearing

(b ) to determine the consequences of an Anti-DopingR d es violation to to mposed

(c) to perform any other hctions hat me c o n f e d orimposed on the Appeals T r i b d by virtue of this Act

(3) The Appeds T r i b d shdl consequent on thelodging of an appeal under subsection (1)-

(a) within twenty-one days of lodging receive h a mdex m in e the evidence relating to the ap

(b) within thirty days of the date of lodging issue ao

written decision

(c) within sixty days of the date of l dgin g issue writtenreasons for the decision

(4) kra appeal shdl not in its entirety exceed three

months except in extenuating c k w n a m c e s

23 M e r e an appeal is in respect of an i n t e m ~ o dvent ~ S O F

iclkrdonellor a m e nvolving an nternational-level athlete the decision of amp

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ANTI-DOPING IN SPORT

the Disciplinary Panel may k appealed directly to the Court ofArbitration

Apr of 24-41) Any decision by WADA reversing the grant of aTherapeutic Use Exemption Certificate or as the case be the

d refusal to grant may be appealed directly by the athlete or theUw

~xwptimCommission to the Court of Arbitration

M B e (2) Where an international-level athlete has made an

application for a Therapeutic Use Exemption Certificate andthe international sporting federation has reksed to grarnt

such Therapeutic Use Exemption Certificate the athlete mayappeal exclusively to the Court of Arbitration in respect ofthe refusal to grant the Therapeutic Use ExemptionCertificate

(3) Where the JADCO TUEC has refused to grant aTherapeutic Use Exemption Certificate to a national-levelathlete the athlete may make an appeal to the Appeals Tribunal

(4) Where the Appeals Tribunal reverses the decision ofthe JADCO TklEC to grant a Therapeutic Use ExemptionCertificate WADA may appeal to the Court of Arbitration

Miscellaneous

canmtaity 25-41) Every-

(a ) member of the Commission(b) officer m d employee of the Com is si on

(c) expert retained by the Commission to m i s t in itsinvestigations and delikrations

(4 ember of the Appeals Tribunal

(e ) member of the JADCO TUEC

V) member of the Disciplinary Panel

shall keep secret and confidential all information coming to hisknowledge in the course of the administration of this Act exceptin so far as the Commission authorizes that pason to releasethat information

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ANTI-DOPING IN SPORT

(2) Any person who contravenes subsection (1) shd lbe guilty of an offence and s M l be liable on smw

conviction in a Resident Magistrates Court to a fine notexceeding one million dollars

26-41) The Minister may make regulations generally for awlations

giving effect to the provisions of this Act and without prejudiceto the generality of the foregoing the regulations may pmvidefor-

(a) the determination and collection of fees m d charges in

connection with the exercise of the Ruactions of theCommission

(b) the keeping of such records as the Minister may

require for the pwposes of this Act

(c) the forms to be used for the ppsrposes of this Act and

(4 mything required by this Act to be prescribed

(2) Regulations made under subsection (1) may pmvidefor the imposition of a penalty on summary conviction in a

Resident Magistrates Cowt of a fine not ex ce din g one milliondollars or a term of imprisonment not e x d i n g six months orboth such fine and imprisonment

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ART-DOBlNG lN SPORT

Constitution and Procedure of the Jamaica Anti-Doping Commission

1 The Commission shall consist of the following mem krs-

(a) not less than nine md not more than thirteen persons who theMinister is satisfied am of high integrity and able to exercise soundjudgment in faz8filling their responsibilities under this Act

(heminafter r e f e d to asappointed memkmsn)

(b) the Executive Director of the Commission and the PemmentSempary or his nominee (heminailer r e f e d to as ex-officiomembers)

2 The appointed members of the Commission shall be appointed by theMinister by instrument in writing and shall subject to the provisions of thisSchedule hold office for a pmisd of three years

3 Every appointed member shall be eligible for re-appointment

4 4 1 ) The Minister shdl appoint a chairman and a deputy chairman fromamong the appointed members

(2) ln the case of absence or inability to act of the chaiman thedeputy chairman shall perform the functions of the chaiman

(3) In the case of absence or inability to act of both the chairman and

deputy chairman the Minister may appoint any other member to perform thefunctions of the chairman or as he case may be the deputy chairman duringsuch absence or incapacity

5 If any member is absent or unable to pedorm his duties due to absenceor illness the Minister may appoint any person to act in the place of that

member so however that such appointment shall be made in the m emanner and fiom among the same category of p o n s as would be requiredin the case of a substantive appointment

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

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

(6) is convicted and sentenced to a tenn of imprisonment

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

(4 ngages in such activities as are reasonably consided prejudicialto the interest of the Commission

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M I- D O P IN G IN SPORT 29

7 Thew shall be paid to the members of the Commission such ~mlanaretfol~

remuneration (whether by way of honowriurn salary fees or allowances) as of^^

the Minister with responsibility for the public service may determine

8 Fiye members of the Commission shall form a quorum at any m m

meeting

9 - 4 1 ) An appointed member other than the chahan may at any time Resignation

resign his office by instrument in writing addressed to the Minister and

transmitted through the chairman and fiom the date of receipt by the Minister

of such instrument that person shall cease to be a member

(2) The chairman may at any time resign his office by instrument

in writing addressed to the Minister and such resignation shallrtake eflst

as from the date of receipt by the Minister of that insitmment

10 If any vacancy occurs in the membership of the Commission Fillingof

such vacancy shall be filled by the appointment of another member vrmcmcics

B 1 4 1) No p w i n g s shall be brought or instituted before any co w or meah

tribunal personally against any member of the Commission in respect of my of ~~~act done bonaflde in pursuance or execution or intended execution of this

A n

(2) Where any member is exempt from liability by reason only ofthe provisions of this paragraph the Commission shall be liable to the extent

that it would be if that member were an employee or agent of the

Commission

I f The names of all members of the Commissionas first constimed and Gazetting of

every change therein shall be published in the Gazette ~ h h i p

Administrbrion and Fdnance

1341) The Commission shall appoint and employ at such remuneration ampin-8

and on such terms and conditions as it thinks fit an Executive Director a zySecretary and such other officers employees and agents as it considers mflom

necessary for q e proper carrying out of its functions

(2) Notwithstanding sub-paragraph (1)-

(a) a salary in excess of the prescribed rate shall not be assigned to

any post without the prior approval of the Minister and

(b) an appointment shall not be made to any post to which a salary in

excess of the prescribed rate is assigned without the prior approval

of the Minister

(3) In this section prescribed me means such rate as thk

Minister with responsibility for the public service may by order prescribe

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38 M-DOPING N SPORT

W i 14 The Commission may with the written appmval of the Minister-gmwitksmd

~iharuirimg (a) enter into ammgements respecting schemes whether by way of

bencri insurance policies of otherwise or(6) make regulations

for medical h e f i 4 pensions gratuities and other retiring benefits ordisability or death benefits relating to employees of the Commission andsuch arrangements or regulations may include provisions for the g m t ofbenefits to the dependants and the legal personal representatives of suchemployees

Fundo lad 1 5 4 1) The dunds and resources of the Commission shall consist of-fsaufca ofC g m n i h (a) such funds as may be provided by Parliament for the Commission

in the annual Estimates of Revenue and Expenditum

(b) revenues ampom fees and charges impsed by the Commission form y -ices p d d d by it or the use of any facility

(c) s ~ c h m s as may beallocated b m time to time to theCommission b m esearch or education gmts or fiwm loan fundsand

(d)all o t h a m s r property which may in any manner becomepayable to or vested in the Commission in respect of any matterincidental to its functions

(2) The expenses of the Commission including the remunerationof members md employees shall be paid out of the funds of theCommission

~BDPKCDLO 16 All moneys s f the Commission not q u i r e d to be expended fork v a the purpose of meeting any of the obligations or discharging any of them finctions of the Commission may be invested in such securities as the

Commission may afier consultation with the Minister responsible forfinance consider appropriate and the Commission may sell all or any of suchsecurities

d 17---(I) The Commission shall keep proper accounts and other records inmlation to its business and shall prepare mually in msgect of each financialyear a statement of accounts in a form satisfactory to the Minister beinga form which eon foms with established accounting principles

(2) The accounts of the Commission shall be audited annually by anauditor or auditors appointed by the Commission and approved by theMinis-

(3) The members ofticers and employees ofthe Commission shall-

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ANTI-DOPING IN SPORT 3 1

(a) grant to the auditor appointed under sub-paragraph (2) accessto all books documents cash and securities of the Commissionand

(b) give to the auditor on request all such information as may be

within their knowledge in relation to the Commissions operations

(4) The auditors fees and any expenses of the audit shall be paid bythe Commission

(5) The Auditor-General shall be entitled at all reasonable times toexamine the accounts and other records in relation to the business of theCommission

l8-(l) The Commission shall within six months afterthe end of each A n n d

financial year or within such longer priod as the Minister may in spcialcircumstances allow cause to be made and transmit to the Minister a regort edi-

dealing generally with the activities of the Commission during the precedingyear including-

(a) a statement of its accounts audited in accordance with paragraph 17

(b) a statement of the outcomes and findings of its annual testing

programme including satis tical information on-(i) the provision of samples by athletes

(ii) the testing of samples so provided and

(iii) the extent of the participation of ~ a ti o na l sportingorganizations in testing programmes operated or suppofldby the Commission

(c) the results of Anti-Doping research undertaken by or supported bythe Commission

(4 summary of the education and public information programmesundertaken by or supported by the Commission and

(e) particulars of the extent to which the Commission has compllidwith and achieved the objectives of any sb-ategic plan and theoperational plan in force during the financial year to which theregort relates

(2) The Minister shall cause copies of the report together with the

a n n u l statement of accounts and the auditors report thereon to belaid on theTable of the House of Representatives and of the Senate

(3) The Commission shall before a date specified by the Minisampsubmit to the Minister for his approval estimates of revenue and expenditurefor the ensuing year

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32 ANTI-DOFING IN SPORT

Exemption 1 The income of the Commission shall be exempt fiom incomefminsome

tax

SECOND CHEDULE (Seaion 18)

Constirution of h e Jamaica Awi-Dop ing Disciplinary Panel

Cm d t u t h 141) The Disciplinary Panel shall consist of not more than nineOf Discipi- persons appointed as fol~ows-nsr)Pawl

(a) m chairman and two vice chairmen each of whom shall be legal

practitioners of not less than 18 years of experience

(b) three persons each of whom has been duly qualified medical

practitioners for not less than five years

(el three additioilal members each of whom shall be or has previously

been a spaas administrator or an athlete

(2) The chairman or in his absence the vice chairman shall

appoint three members frsm the panel to hear and determine each case

(3) Every hearing shall comprise of the chairman or a vice chairman

as chairman of the hearing panel one medical pmctitioner member and one- sp rt s dminismtosor athlete member

Tenurecf 2 The members shall be a~pointedby the Minister by instrument inofiw w-riting md shall subject to the provisions of this Schedule hold ofice for a

period of three years

lp 3 Every member shall be eligible for re-a~pointment

qipkmlm

~c t i ng 4 If my member is absent or unable to act the Minister may appoint anyWiatmesrtscerson to act in the glace of that member so however that such appointment

shdl be made in the same manner and frsm among the same category of

persons as would be required in h e case of a substantive appointment

Ip-b 5 The Minister may at any time revoke the appointment of any member

of the Disciplil~~~jymel if such member-8mm

(a) becomes ~f unsound mind or becomes pemanently unable to

p f o m his frsnctions by reason of i l l health

(b) is wnvicted and sentencedto a term of imprisonment

(6 ) hils withotit peasonable excuse to carny out any of the functions

m L d r ionposed on him under this Act or

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ANTI-DOPING IN SPORT 33

( 8 ) engages in such activities as are reasonably considered prejudicialto the interest of the Commission

16 There shall be paid to the members of the Disciplinary Panel such Remuneration

remuneration (whether by way of honorarium salary fees or allowances) as ofmembersthe Minister may determine

7 - (1 ) Any member other than the chairman may at any time resign Resignation

his office by instrument in writing addressed to the Minister and transmittedthrough the chairman and from the date of receipt by the Minister of suchinstrument that person shall cease to be a member

(2) The chairman may at any time resign his office by instrument

in writing addressed to the Minister and such resignation shall take effect asfrom the date of receipt by the Minister of that instrument

8 If any vacancy occurs in the membership of the Disciplinary Panel Fillingof

such vacancy shall be filled by the appointment of another member so vacancies

however that such appointment shall be made in the same manner and fromthe same category of persons as would be required in the case of the originalappointment

9 - ( l ) No proceedings shall be brought or instituted before any court or htection

tribunal personally against any member of the Disciplinary Panel in respect ofmembers

of any act done bo na jide in pursuance or execution or intended execution ofthis Act

(2) Where any member is exempt from liability by reason only ofthe provisions of this paragraph the Disciplinary Panel shall be liable to theextent that it would be if that member were an employee or agent of theDisciplinary Panel

10 The names of all members of the Disciplinary Panel sas first Gazettingof

constituted and every change therein shall be published in the Gazette membership

THIfttl SCHEDULE (Section 22)

Constitutionof the Jamaica Anti-Doping Appeals Tribunal

1 The Appeals Tribunal shall consist of sir person- ConstitutionofAppeals

(a) a chairman and vice-chairman k i n g both persons who have Panel

served as either a Judge of the Court of Appeal or of the SupremeCourt

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(b) persons who have served in-

Actingwepombmnts

Revocationof

appointment

Remunetation

Resignation

Filling ofvacancies

(i) the post of a Director of Public Prosecutions or a senior

member of staff of the Office of the Director of PublicProsecutions

(ii) sports administration for at least ten years

(iii) sports medicine for at least ten years

2 The members of the Appeals Tribunal shall be appointed by theMinister by instrument in writing and shall subject to the provisions of thisSchedule hold office for a period of three years

3 Every member shall be eligible for re-appointment

4 If any member of the Appeals Tniunal is absent or unable to performhis duties the Minister may appoint any person to act in the place of thatmember so however that such appointment shall be made in the samemanner and h m mong the same category of persons as would be requiredin the case of a substantive appointment

5 The Minister may at any time revoke the appointment of any memberof theCommission if such member-

(a) becomes of unsound mind or becomes pe-rmanently unable toperform his functions by w o n of i l l health

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

(c) fails without reasonable excuse to cany out any of the functionsconferred or imposed on him under this Act or

(4 ngages in such activities as are reasonably considered prejudicialto the interest of the Commission

6 There shall be paid to the members of the Appeals Tribunal suchremuneration (whether by way of honorarium salary fees or allowances) asthe Minister may determine

7-41) Any member other than the chairman may at any time resign hisoffice by instrument in writing addressed to the Minister and transmittedthrough the chairman and from the date of receipt by the Minister of suchinstrument that person shall cease to be a member

(2) The chairman may at any time resign his oflice by instrument inwriting addressed to the Minister and such resignation shall take effect asfrom the date of receipt by the Minister of that instrument

8 If any vacancy occurs in the membership of the Appeals Tribunal suchvacancy shall be filled by the appointment of another member so however

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that such appointment shall be made in the same manner and h m he samecategory of persons as would be required in the case of the original

appointment9+1) No proceedings shall be brought or instituted before any court Rotection

or tribunal personally against any member of the Appeals Tribunal in respect of members

of any act done bonafide in pursuance or execution or intended execution ofthis Act

(2) Where any member is exempt from liability by reason only of theprovisions of this paragraph the Appeals Tribunal shall be liable to theextent that it would be if that member were an employee or agent of the

Appeals Tribunal10 The names of all members of the Appeals Tribunal as first constituted Gazatingof

and every change therein shall be published in the Gmette Membenhip

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(b ) a person who competes in a national sportingcompetition

(c) a person who has been assessed by a Jamaicannational sporting organization as having thepotential to represent Jamaica in an internationalsporting competition

(4 a person who competes as a member of a team ina sporting competition (whether held or to Be

held in or outside Jamaica) at a level whichinvolves participation of the following-

(i) teams that represent Jamaica or

(ii) teams that represent organizations inJamaica and contain members who havek n ssessed by a Jamaican nationalsporting organization as having the

potential to represent Jamaica inan

international sporting competition

(e) a person who competes in sprting competitionand-

(i) is receiving financial or other sport-related support from the Government ofJamaica or an agency of the Govern-

ment or

(li) is a party to an arrangement with theGovernment of Jamaica under which theperson will receive financial or othersport-related support fiom the Govern-ment or an agency of the Government

(i) who has been assessed by a nationalsporting organization or an internationalsporting federation as having reachedsuch a standard of performance in the

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ANTI-DOPING IN SPORT

field of sporting activity in which hecompetes as to be capable of represemt-

ing in international sporting competitionthe country of which he is a citizen or inwhich he is oqiinarily resident and

(ii) in respect of whom the Commission has

been requested by a National Anti-Doping Organization of a country otherthan Jamaica to obtain a sample for

testing or(g ) a person whose name is entered on the

Commissions Registered Testing Pool ofinternational-level and national-level athletes andwho--

(i) has been notified of his inclusion in theCommissions Registered Testing Pool

and(ii) as a direct result of having his name so

entered is required to file quarterlywhereabouts information with the Com-mission on forms provided by the om-mission which s p i f l on a daily basisthe locations and times where theathlete will be residing training or

competing

(2) Subject to subsection (3 person who at anyparticular time-

(a) is in training or has at any time within the precedingtwelve months trained to compete in a sportingcompetition or

(8) has at any time within the preceding twelve monthscompeted in a sporting competition

is deemed for the purposes of subseetion (1) to be a person whocompetes in a sporting competition

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i

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ANTP-DOPPNG IN SPORT

(3) For the purposes of this Act a person is deemed notto have been an athlete at a particular time if the person had-

(a) given prior written notification to the relevant nationalsporting organization that he had retired from takingpart iam sporting competition

(b ) not since the written notification was given takenpart in a sporting competition and

( c ) been informed by the Commission that he no longersatisfies the criteria for inclusion in the RegisteredTesting Pool

(4) A person who has given written notice of retirementfrom taking part in sporting competition to the relevant nationalsporting organization and who is not serving a period ofineligibility may not resume competing d e s s he has given theCommission at least twelve months prior written notice that heexpects to return to competition and is available for no-advancenotice out-of-competition testing during the period

PART 1 Jamaica Anti-Doping CommissionEstablishment and Functions

-lisBlmmt --(I) There is hereby established for the purposes of thisofJmb

~ n t i - w m g Actp a M y o be called the Jamaica Anti-Doping Commissionammissio which shall be a body corporate to which section 28 of the

Interpretation Act appliesFirst ( 2 )The provisions of the First Schedule shall have effectSckduie

as to the constitution and procedure of the Commission andotherwise in relation thereto

Fm-of 6-41) The Commission shall perform such functions as areChmission

necessary to facilitate the control and prevention of doping insports including-

( a ) implementing the policies and programm es of theGovernment against doping in sport

(b ) doing dl things necessary to comply with andimplement any Article of the Code

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ANTI-DOPING nsJ SPORT

(c) planning implementing and monitoring informationand education progammes aimed at educating

athletes athlete support personnel parents the mediaand the general public in Jamaica about doping insport matters such as-

(i) the health consequences of doping

(ii) the harm of doping to the ethical values ofsport

(iii) prohibited substances and prohibited methods

(iv) therapeutic use exemptions

(v) nutritional supplements

(vi) doping control procedures and resultsmanagement

(vii) the athletes rights and responsibilities inregard to doping in sport and the con-sequences of committing an Anti-DopingRules violation

(4 establishing a register for the Registered Testing Poolof national-level and international-level Jamaicaathletes who are citizens or residents of and noting

such athletes and relevant national sporting oiganiz-ations of entries made in the register

(e) directing the anti-doping programme of the Govew-ment specific to sports including conducting testing ofathletes planning coordinating and implementing thecollection of samples the management of test resultsand conducting hearings in keeping with the man-

datory international standards set out in the Code

ugt testing any athlete whether or not he is a citizen orresident of Jamaica-

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MI-DOPIMG IM SPORT

(g) notifjhg test results to athletes a d as the case maybe g o v m e m t s of countries other than Jamaica anti-

doping organizations of other countries or othersignatodes to the Code in accordance with bilateral ormdpilrateaca9 agreements entered into by Jamaica withsuch governments organizations or signatories

(h) entering into reciprocd testing agreements withN a t i o d Anti-Doping Organizations outside Jamaicain relation to any athlete

(0 encouraging and facilitating the negotiation by anys-porting organization and Anti-Doping Organization of

my agreement permitting their members to be testedby authorized doping control teams h r n othercom~a

63 mpmtiarg with the testing and education initiativesof WW A and other antidoping organizations

(k) supporting encouraging conducting and promotingresearch stbout doping in sport matters that contributesto the development and implementation of eficientantidoping programmes

(I) consulting with advising and assisting-

(i) G o v e m e n t departments and agencies local

authorities the Jamaica Olympic Associa-tion national sporting organizations andother bodies or persons on any mattersconcerned with doping in sport issues andrelated matters

(ii) foreign government and non-governmentalorganizations and other persons outside ofJamaica for the purpose of promoting theadoption of uniform international testingprocedures for doping in sport

(m) publishing and making available the Prohibited Listand any revision thereof to athletes and as such all

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ANTI-DOPING IN SPORT

athletes shall be deemed to accept the Prohibited Listand any amendments thereto as binding upon

them

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

(0 ) performing any other h c t i o n s relating to doping insport that are conferred on the Commission by this orany other enactment and

07) generally taking all steps necessary or desirable to

achieve the purposes of this Act(2) In the performance of its functions the Com-

mission-

(a) shall establish for its use and for the use of itscommittees procedures that are appropriate and fair inthe circumstances

(b) shall develop appropriate procedures t+

(i) reflect the needs of athletes who are underthe age of eighteen years and

(ii) reflect the culture and any disabilities orother special concerns of athletes and

(iii) protect each athletes right to privacy

(c ) may impose fees or charges for the provision of

information advice or other services requested of theCommission (other than for information requested byan athlete relating to the athlete)

(3) The powers of the Commission may be exercised ina state other than Jamaica in relation to athletes who are citizensof Jamaica subject to the approval of the relevant foreign stateor relevant national sporting organization of such state

7 4 1 ) The Minister may after consultation with the Chair- Ministarnaygive direc-

man of the Commission give to the Commission directions in tions to

writing of a general character as to the policy to be followed by COmrnissi

the Commission in the performance of its functions as appear to

JThe inclusion of this page ip authorized by LK 123ROlll

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ANTI-DOPING IN SPORT

the Minister to be necessary in the public interest and theCommission shall give effect thereto

(2) Directions given under subsection (1) shall not relateto-

(a) a particular athlete or particular athlete supportpersonnel or

(b) doping control

(3) The Commission shall comely with any directionsgiven under subsection (1)

powerco $--(I) The Commission may with the written approval ofM-the Minister delegate any of its functions under this Act (otherthan the power of delegation) to any member officer or agent ofthe Commission

(2) A delegation under subsection (1) i s ~ v o c a b l ey the

Commission in d the delegation of a function shall not precludethe performance of the delegated function by the Commission

P m 11 Anti-Doping Rules

9 The Commission may with the approval of the Ministermaymake~ l e s make d e s (in this Act referred to as the Anti-Doping Rules)

generally for controlling the occurrence of doping in sports and

for carrying out the objects of this Act and without limitingthe generality of the foregoing such d e s may provide for-

(a) initiating implementing or enforcing any part of thedoping control process

(b) analysis of samples

(c) athlete whereabouts information

(4 consequences of Anti-Doping Rules violation

(e) assessment of costs for disciplinary hearings

results management

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ANTI-DOPING IN SPORT 19

10--(I) Except in any case where an athlete holds a ~nti- oping

Therapeutic Use Exemption Certificate and is in compliance

with the terms of such Therapeutic Use Exemption Certificatethe athlete shall be liable for the presence of any prohibitedsubstance or its metabolites or markers found in his body

(2) Subject to the exception mentioned in subsection(I) a reference in this Act to an Anti-Doping Rules violationshall mean any one of the following-

(a) the presence of a prohibited substance or its meta-bolites or markers in an athletes specimen

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

(c ) refusing or failing without compelling justification tosubmit sample collection after notification asauthorized in applicable Anti-Doping rules or

otherwise evading sample collection(4 violation of applicable requirements regarding athlete

availability for out-of-competition testing includingfailure to provide required whereabouts informationand missed tests which are declared based onreasonable rules which comply with the InternationalStandard for testing

(e) tampering or attempting to tamper with any part ofdoping control

V) possession of prohibited substances or prohibitedmethods

(g) trafficking in any prohibited substance or prohibitedmethod

(h) administration or attempted administration of aprohibited substance or prohibited method to anyathlete or assisting encouraging aiding abettingcovering up or any type of complicity involving anAnti-Doping Rules violation or any attemptedviolation

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ANTI-DOPING lA SPORT

Therapeutic Use Exemption

Therapeutic

use81-41) An athlete with a medical condition requiring the

Exemption use of a Prohibited Substance or Prohibited Method shall firstCmihk obtain a Therapeutic Use Exemption Certificate in accordance

with the provisions of this Act the Anti-Doping Rules and theInternational Standard for Therapeutic Use Exemption fromJADCO TUEC or as the case may require the internationalsporting federation under whose control the athletecompetes

(2) Notwithstanding the provisions of subsection (I) aninternational-level athlete or athlete who participates ininternational events shall apply to the international sportingfederation concerned for the Therapeutic Use ExemptionCertificate except in emergency situations no later than twenty-one days before the athletes participation in an internationalsporting event or otherwise provided for in the Anti-Doping

rules of that international sporting federation and provide toJADCO TUEC a copy of such aun application prior to theinternational event

(3) The application for a Therapeutic Use ExemptionCertificate ampom an athlete shall--

(a) be made immediately after the athlete becomes awarethat the use of a Prohibited Substance or Prohibited

Method is required and

(b) subject to any circumstance of emergency be obtainedprior to the athletes participation in any competitionor event

(4) Where an athlete who is subject to testing and hasbeen granted a Therapeutic Use Exemption Certificate by aninternational sporting federation the athlete shall immediately

report the granting of the Therapeutic Use Exemption Certificateto WADA JADCO TUEC and to the relevant national sportingorganization and shall provide to JADCO TUEC all the relevantif in n a ti o n and documentation

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(5)Every national level athlete and athleteparticipating in national events shall obtain a Therapeutic Use

Exemption Certificate fiom the SAIDCO TUEC unless such anathlete has previously received a Therapeutic Use ExemptionCertificate fiom can international sporting federation md suchTherapeutic Use Exemption Certificate is still vdid and thegrant of which has been previously reported to the JADCOTUEC and the Commission

1241) An application for a Therapeutic Use Exemption Application

Certificate to the JAIDCO TUEC shall be made in accordance Ezmwwith the International Standard for Therapeutic Use Exemption withinternational

(2) The athlete on whose behalf the application has

been made shdl provide written consent for the transmissionof-

(a) d l information pertaining to the application to theSADCO WEC and as required other independent

medical or scientific experts and to all necessary staffinvolved in the management or review of TherapeuticUse Exemptions

(b) the decision of SAC0 TUEC to be distributed toWAIDA and to other relevant Anti-Doping Orghzza-tions under the provisions of the Code

1341) The Coxnmission shall appoint a Committee to bew i n - 8

of aheknown as he J m d c a Anti-Doping Therapeutic Use Exemption -Committee (in this Act known as JADCO PPJIEC)consisting aherapeuaic

of six duly qualified medical practitioners Use

Exemlptiowcommittee

(2) The appointment of every member of the JADCOTUEC shall be evidenced by an instrument in writing whichshall state the period of o fi ce of the member not e x d i n gthree y e m as the Commission may specify in the instrument

and each member shall be eligible for re-appointment

(3) The Commission shall appoint one of the membersof the JADCO TUEC to be the Chairperson thereof

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Fampons

of JADCOTUEC

NotificationofTherapeuticUseExemption

WADA mayreview andrevmeTUECertificate

(4) The JADCO TUEC sh dl act independently of theCommission and shall not have any other official responsibility

within the Commission(5) Where any member of the JADCO FUEC is

connected with an athlete (having regkd to their familialbusiness or other relationship) or has an interest in any nationalsporting organization or international sporting federation such amember is excluded fiom considering any application forTherapeutic Use Exemption fiom that athlete or as the case maybe any athlete who is a member or participant in a sporiing eventorganized or sanctioned by the international sporting federationor national sporting organization in which he has an interest

14 The hcc tions of the JADCO TUEC shall be to-

(a) receive and exmine applications from national-levelathletes for Therapeutic Use Exemption Certificates

(6) g m t Therapeutic Use Exemption Certificates

(c) revoke Therapeutic Use Exemption Certificates

(4 perform any other fipnctions that are conferred orimposed on it by this Act

15--(I) The JADCO TUEC shall promptly notify theCommission of its decision to grant a Therapeutic UseExemption Certificate

(2) The Commission upon being notified by JADCOTUEC of the grant of a Therapeutic Use Exemption Certificateshall notify WADA thereof

16 Where the JADCO TUEC has made a decision to grantor deny the grant of a Therapeutic Use Exemption Certificate toan athlete WADA at the request of the athlete or on its own initiative may review the p t r denial of the Therapeutic UseExemption Certificate and where WADA determines that the

granting or denial of such Therapeutic Use ExemptionCertificate did not comply with the International Standard forTherapeutic Use Exemption in force at the time then WADAmay reverse the decision to grant or deny the Therapeutic Use

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Exemption Certificate

17 Tlhe C O ~ I ~ S S ~ O ~hall tecognk the results of laboratory Recognition

d y s i s by other anti-doping organizations once conducted in 0 2 f t ~ faccordance with the WADA International Standard for Dopin

Testing o l g a n d ~ n ~

PART W isciplinary Panel Appeals

18 There is established for the purposes of this Act a M y listm mat

to be d l e d the Jamaica Anti-Doping Disciplinary Panel and theprovisions of the Second Schedule shall have effect as to the hti- oping

constitution and pmcedw of the Disciplinary Panel and Fzhqotherwise in relation thereto second

Schedule

19 Where it appears that there has been an Anti-Doping CommissionI 0der

Rules violation the Commission shall refa the matter to theDisciplinary Panel hearing

20--41) The functions of the Disciplinary Panel shall be Functi0mof

to- the Anti-Doping~ i amp i amp n q

( a ) receive examine and hear evidence relating to an -I

Anti-Doping R des violation

(8) conduct disciplinary hearings related to Anti-DopingRules violations referred to it by the Commission

( c ) determine whether a violation of the Anti-DopingRules has occurred

(4mpose consequences of Anti-Doping Rules yiola-tions

( e ) perfom any other functions that are conferred orimposed on the Disciplinary Panel by this Act

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EstablishmentofJamaicaAnti-DopingAppealsTribunalThirdSchedule

(2) The Disciplinary Panel shdl consequent onreceiving a written reference h m he Commission asserting an

Anti-Doping rules violation-

(a) within fourteen days of the date of receipt of thereference commence a hearing

(b) within twenty days of the date of receipt of thereference issue a written decision

(c ) within thirty days of the date of receipt of the

reference issue written reasons for the decision givenin paragraph (b)

2 1 4 1 ) Subject to section 23 where-

(a) any athlete or other person who is the subject of thedecision being ap p d e d

(b) the C om iss io n

(c ) the relevant international sporting federation

(8 ) relevant nationd sporting organization

(e) the Jamaica Olympic Association

WADA

is aggrieved by a decision of the Disciplinary Panel that personor body may witkin fourteen days of the decision of theDisciplinary Panel and in the prescribed m m e r lodge magpeal with the Appeds Tribunal established under section 22against any decision of the Disciplinary Panel

(2) Every decision of the Disciplinary Pm el in respectof a Anti-Doping Rules violation shdl remain in effect duringthe appeal process unless the Appeal Tribunal otherwiseorders

2 2 4 1 ) For the purposes of an appeal under section 21there is hereby established an Appeds Tribunal to be calledthe Jamaica Anti-Doping Appeals Tribunal constituted inaccordance with the Third Schedule

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ANTI-DOPIAG IN SPORT

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

(a) PO hear and determine issues arising fiom a decision ofthe Disciplinary Panel-

(i) that an Anti-Doping Rules violation wascommitted

(ii) imposing consequences of an Anti- DopingRules violation

(iii) ohat ara Anti-Doping Rules violation was not

committed(iv) that an anti-doping orgmimtion lacks

jurisdiction to rule on an Anti-Doping Rulesviolation or consequences of rn Anti-DopingRules violation

(v) to impose a provisional suspension as a result

of a paovisiond hearing

(b ) to determine the consequences of an Anti-DopingR d es violation to to mposed

(c) to perform any other hctions hat me c o n f e d orimposed on the Appeals T r i b d by virtue of this Act

(3) The Appeds T r i b d shdl consequent on thelodging of an appeal under subsection (1)-

(a) within twenty-one days of lodging receive h a mdex m in e the evidence relating to the ap

(b) within thirty days of the date of lodging issue ao

written decision

(c) within sixty days of the date of l dgin g issue writtenreasons for the decision

(4) kra appeal shdl not in its entirety exceed three

months except in extenuating c k w n a m c e s

23 M e r e an appeal is in respect of an i n t e m ~ o dvent ~ S O F

iclkrdonellor a m e nvolving an nternational-level athlete the decision of amp

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ANTI-DOPING IN SPORT

the Disciplinary Panel may k appealed directly to the Court ofArbitration

Apr of 24-41) Any decision by WADA reversing the grant of aTherapeutic Use Exemption Certificate or as the case be the

d refusal to grant may be appealed directly by the athlete or theUw

~xwptimCommission to the Court of Arbitration

M B e (2) Where an international-level athlete has made an

application for a Therapeutic Use Exemption Certificate andthe international sporting federation has reksed to grarnt

such Therapeutic Use Exemption Certificate the athlete mayappeal exclusively to the Court of Arbitration in respect ofthe refusal to grant the Therapeutic Use ExemptionCertificate

(3) Where the JADCO TUEC has refused to grant aTherapeutic Use Exemption Certificate to a national-levelathlete the athlete may make an appeal to the Appeals Tribunal

(4) Where the Appeals Tribunal reverses the decision ofthe JADCO TklEC to grant a Therapeutic Use ExemptionCertificate WADA may appeal to the Court of Arbitration

Miscellaneous

canmtaity 25-41) Every-

(a ) member of the Commission(b) officer m d employee of the Com is si on

(c) expert retained by the Commission to m i s t in itsinvestigations and delikrations

(4 ember of the Appeals Tribunal

(e ) member of the JADCO TUEC

V) member of the Disciplinary Panel

shall keep secret and confidential all information coming to hisknowledge in the course of the administration of this Act exceptin so far as the Commission authorizes that pason to releasethat information

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ANTI-DOPING IN SPORT

(2) Any person who contravenes subsection (1) shd lbe guilty of an offence and s M l be liable on smw

conviction in a Resident Magistrates Court to a fine notexceeding one million dollars

26-41) The Minister may make regulations generally for awlations

giving effect to the provisions of this Act and without prejudiceto the generality of the foregoing the regulations may pmvidefor-

(a) the determination and collection of fees m d charges in

connection with the exercise of the Ruactions of theCommission

(b) the keeping of such records as the Minister may

require for the pwposes of this Act

(c) the forms to be used for the ppsrposes of this Act and

(4 mything required by this Act to be prescribed

(2) Regulations made under subsection (1) may pmvidefor the imposition of a penalty on summary conviction in a

Resident Magistrates Cowt of a fine not ex ce din g one milliondollars or a term of imprisonment not e x d i n g six months orboth such fine and imprisonment

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Constitution and Procedure of the Jamaica Anti-Doping Commission

1 The Commission shall consist of the following mem krs-

(a) not less than nine md not more than thirteen persons who theMinister is satisfied am of high integrity and able to exercise soundjudgment in faz8filling their responsibilities under this Act

(heminafter r e f e d to asappointed memkmsn)

(b) the Executive Director of the Commission and the PemmentSempary or his nominee (heminailer r e f e d to as ex-officiomembers)

2 The appointed members of the Commission shall be appointed by theMinister by instrument in writing and shall subject to the provisions of thisSchedule hold office for a pmisd of three years

3 Every appointed member shall be eligible for re-appointment

4 4 1 ) The Minister shdl appoint a chairman and a deputy chairman fromamong the appointed members

(2) ln the case of absence or inability to act of the chaiman thedeputy chairman shall perform the functions of the chaiman

(3) In the case of absence or inability to act of both the chairman and

deputy chairman the Minister may appoint any other member to perform thefunctions of the chairman or as he case may be the deputy chairman duringsuch absence or incapacity

5 If any member is absent or unable to pedorm his duties due to absenceor illness the Minister may appoint any person to act in the place of that

member so however that such appointment shall be made in the m emanner and fiom among the same category of p o n s as would be requiredin the case of a substantive appointment

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

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

(6) is convicted and sentenced to a tenn of imprisonment

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

(4 ngages in such activities as are reasonably consided prejudicialto the interest of the Commission

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M I- D O P IN G IN SPORT 29

7 Thew shall be paid to the members of the Commission such ~mlanaretfol~

remuneration (whether by way of honowriurn salary fees or allowances) as of^^

the Minister with responsibility for the public service may determine

8 Fiye members of the Commission shall form a quorum at any m m

meeting

9 - 4 1 ) An appointed member other than the chahan may at any time Resignation

resign his office by instrument in writing addressed to the Minister and

transmitted through the chairman and fiom the date of receipt by the Minister

of such instrument that person shall cease to be a member

(2) The chairman may at any time resign his office by instrument

in writing addressed to the Minister and such resignation shallrtake eflst

as from the date of receipt by the Minister of that insitmment

10 If any vacancy occurs in the membership of the Commission Fillingof

such vacancy shall be filled by the appointment of another member vrmcmcics

B 1 4 1) No p w i n g s shall be brought or instituted before any co w or meah

tribunal personally against any member of the Commission in respect of my of ~~~act done bonaflde in pursuance or execution or intended execution of this

A n

(2) Where any member is exempt from liability by reason only ofthe provisions of this paragraph the Commission shall be liable to the extent

that it would be if that member were an employee or agent of the

Commission

I f The names of all members of the Commissionas first constimed and Gazetting of

every change therein shall be published in the Gazette ~ h h i p

Administrbrion and Fdnance

1341) The Commission shall appoint and employ at such remuneration ampin-8

and on such terms and conditions as it thinks fit an Executive Director a zySecretary and such other officers employees and agents as it considers mflom

necessary for q e proper carrying out of its functions

(2) Notwithstanding sub-paragraph (1)-

(a) a salary in excess of the prescribed rate shall not be assigned to

any post without the prior approval of the Minister and

(b) an appointment shall not be made to any post to which a salary in

excess of the prescribed rate is assigned without the prior approval

of the Minister

(3) In this section prescribed me means such rate as thk

Minister with responsibility for the public service may by order prescribe

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38 M-DOPING N SPORT

W i 14 The Commission may with the written appmval of the Minister-gmwitksmd

~iharuirimg (a) enter into ammgements respecting schemes whether by way of

bencri insurance policies of otherwise or(6) make regulations

for medical h e f i 4 pensions gratuities and other retiring benefits ordisability or death benefits relating to employees of the Commission andsuch arrangements or regulations may include provisions for the g m t ofbenefits to the dependants and the legal personal representatives of suchemployees

Fundo lad 1 5 4 1) The dunds and resources of the Commission shall consist of-fsaufca ofC g m n i h (a) such funds as may be provided by Parliament for the Commission

in the annual Estimates of Revenue and Expenditum

(b) revenues ampom fees and charges impsed by the Commission form y -ices p d d d by it or the use of any facility

(c) s ~ c h m s as may beallocated b m time to time to theCommission b m esearch or education gmts or fiwm loan fundsand

(d)all o t h a m s r property which may in any manner becomepayable to or vested in the Commission in respect of any matterincidental to its functions

(2) The expenses of the Commission including the remunerationof members md employees shall be paid out of the funds of theCommission

~BDPKCDLO 16 All moneys s f the Commission not q u i r e d to be expended fork v a the purpose of meeting any of the obligations or discharging any of them finctions of the Commission may be invested in such securities as the

Commission may afier consultation with the Minister responsible forfinance consider appropriate and the Commission may sell all or any of suchsecurities

d 17---(I) The Commission shall keep proper accounts and other records inmlation to its business and shall prepare mually in msgect of each financialyear a statement of accounts in a form satisfactory to the Minister beinga form which eon foms with established accounting principles

(2) The accounts of the Commission shall be audited annually by anauditor or auditors appointed by the Commission and approved by theMinis-

(3) The members ofticers and employees ofthe Commission shall-

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ANTI-DOPING IN SPORT 3 1

(a) grant to the auditor appointed under sub-paragraph (2) accessto all books documents cash and securities of the Commissionand

(b) give to the auditor on request all such information as may be

within their knowledge in relation to the Commissions operations

(4) The auditors fees and any expenses of the audit shall be paid bythe Commission

(5) The Auditor-General shall be entitled at all reasonable times toexamine the accounts and other records in relation to the business of theCommission

l8-(l) The Commission shall within six months afterthe end of each A n n d

financial year or within such longer priod as the Minister may in spcialcircumstances allow cause to be made and transmit to the Minister a regort edi-

dealing generally with the activities of the Commission during the precedingyear including-

(a) a statement of its accounts audited in accordance with paragraph 17

(b) a statement of the outcomes and findings of its annual testing

programme including satis tical information on-(i) the provision of samples by athletes

(ii) the testing of samples so provided and

(iii) the extent of the participation of ~ a ti o na l sportingorganizations in testing programmes operated or suppofldby the Commission

(c) the results of Anti-Doping research undertaken by or supported bythe Commission

(4 summary of the education and public information programmesundertaken by or supported by the Commission and

(e) particulars of the extent to which the Commission has compllidwith and achieved the objectives of any sb-ategic plan and theoperational plan in force during the financial year to which theregort relates

(2) The Minister shall cause copies of the report together with the

a n n u l statement of accounts and the auditors report thereon to belaid on theTable of the House of Representatives and of the Senate

(3) The Commission shall before a date specified by the Minisampsubmit to the Minister for his approval estimates of revenue and expenditurefor the ensuing year

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32 ANTI-DOFING IN SPORT

Exemption 1 The income of the Commission shall be exempt fiom incomefminsome

tax

SECOND CHEDULE (Seaion 18)

Constirution of h e Jamaica Awi-Dop ing Disciplinary Panel

Cm d t u t h 141) The Disciplinary Panel shall consist of not more than nineOf Discipi- persons appointed as fol~ows-nsr)Pawl

(a) m chairman and two vice chairmen each of whom shall be legal

practitioners of not less than 18 years of experience

(b) three persons each of whom has been duly qualified medical

practitioners for not less than five years

(el three additioilal members each of whom shall be or has previously

been a spaas administrator or an athlete

(2) The chairman or in his absence the vice chairman shall

appoint three members frsm the panel to hear and determine each case

(3) Every hearing shall comprise of the chairman or a vice chairman

as chairman of the hearing panel one medical pmctitioner member and one- sp rt s dminismtosor athlete member

Tenurecf 2 The members shall be a~pointedby the Minister by instrument inofiw w-riting md shall subject to the provisions of this Schedule hold ofice for a

period of three years

lp 3 Every member shall be eligible for re-a~pointment

qipkmlm

~c t i ng 4 If my member is absent or unable to act the Minister may appoint anyWiatmesrtscerson to act in the glace of that member so however that such appointment

shdl be made in the same manner and frsm among the same category of

persons as would be required in h e case of a substantive appointment

Ip-b 5 The Minister may at any time revoke the appointment of any member

of the Disciplil~~~jymel if such member-8mm

(a) becomes ~f unsound mind or becomes pemanently unable to

p f o m his frsnctions by reason of i l l health

(b) is wnvicted and sentencedto a term of imprisonment

(6 ) hils withotit peasonable excuse to carny out any of the functions

m L d r ionposed on him under this Act or

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ANTI-DOPING IN SPORT 33

( 8 ) engages in such activities as are reasonably considered prejudicialto the interest of the Commission

16 There shall be paid to the members of the Disciplinary Panel such Remuneration

remuneration (whether by way of honorarium salary fees or allowances) as ofmembersthe Minister may determine

7 - (1 ) Any member other than the chairman may at any time resign Resignation

his office by instrument in writing addressed to the Minister and transmittedthrough the chairman and from the date of receipt by the Minister of suchinstrument that person shall cease to be a member

(2) The chairman may at any time resign his office by instrument

in writing addressed to the Minister and such resignation shall take effect asfrom the date of receipt by the Minister of that instrument

8 If any vacancy occurs in the membership of the Disciplinary Panel Fillingof

such vacancy shall be filled by the appointment of another member so vacancies

however that such appointment shall be made in the same manner and fromthe same category of persons as would be required in the case of the originalappointment

9 - ( l ) No proceedings shall be brought or instituted before any court or htection

tribunal personally against any member of the Disciplinary Panel in respect ofmembers

of any act done bo na jide in pursuance or execution or intended execution ofthis Act

(2) Where any member is exempt from liability by reason only ofthe provisions of this paragraph the Disciplinary Panel shall be liable to theextent that it would be if that member were an employee or agent of theDisciplinary Panel

10 The names of all members of the Disciplinary Panel sas first Gazettingof

constituted and every change therein shall be published in the Gazette membership

THIfttl SCHEDULE (Section 22)

Constitutionof the Jamaica Anti-Doping Appeals Tribunal

1 The Appeals Tribunal shall consist of sir person- ConstitutionofAppeals

(a) a chairman and vice-chairman k i n g both persons who have Panel

served as either a Judge of the Court of Appeal or of the SupremeCourt

lTbe Indunion or (bb page b rmthoritcd by LN IUnO l l l

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ANTILDOPING IiV SPORT

(b) persons who have served in-

Actingwepombmnts

Revocationof

appointment

Remunetation

Resignation

Filling ofvacancies

(i) the post of a Director of Public Prosecutions or a senior

member of staff of the Office of the Director of PublicProsecutions

(ii) sports administration for at least ten years

(iii) sports medicine for at least ten years

2 The members of the Appeals Tribunal shall be appointed by theMinister by instrument in writing and shall subject to the provisions of thisSchedule hold office for a period of three years

3 Every member shall be eligible for re-appointment

4 If any member of the Appeals Tniunal is absent or unable to performhis duties the Minister may appoint any person to act in the place of thatmember so however that such appointment shall be made in the samemanner and h m mong the same category of persons as would be requiredin the case of a substantive appointment

5 The Minister may at any time revoke the appointment of any memberof theCommission if such member-

(a) becomes of unsound mind or becomes pe-rmanently unable toperform his functions by w o n of i l l health

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

(c) fails without reasonable excuse to cany out any of the functionsconferred or imposed on him under this Act or

(4 ngages in such activities as are reasonably considered prejudicialto the interest of the Commission

6 There shall be paid to the members of the Appeals Tribunal suchremuneration (whether by way of honorarium salary fees or allowances) asthe Minister may determine

7-41) Any member other than the chairman may at any time resign hisoffice by instrument in writing addressed to the Minister and transmittedthrough the chairman and from the date of receipt by the Minister of suchinstrument that person shall cease to be a member

(2) The chairman may at any time resign his oflice by instrument inwriting addressed to the Minister and such resignation shall take effect asfrom the date of receipt by the Minister of that instrument

8 If any vacancy occurs in the membership of the Appeals Tribunal suchvacancy shall be filled by the appointment of another member so however

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ANTI-DOPING IN SPORT

that such appointment shall be made in the same manner and h m he samecategory of persons as would be required in the case of the original

appointment9+1) No proceedings shall be brought or instituted before any court Rotection

or tribunal personally against any member of the Appeals Tribunal in respect of members

of any act done bonafide in pursuance or execution or intended execution ofthis Act

(2) Where any member is exempt from liability by reason only of theprovisions of this paragraph the Appeals Tribunal shall be liable to theextent that it would be if that member were an employee or agent of the

Appeals Tribunal10 The names of all members of the Appeals Tribunal as first constituted Gazatingof

and every change therein shall be published in the Gmette Membenhip

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ANTI-DOPING IN SPORT

field of sporting activity in which hecompetes as to be capable of represemt-

ing in international sporting competitionthe country of which he is a citizen or inwhich he is oqiinarily resident and

(ii) in respect of whom the Commission has

been requested by a National Anti-Doping Organization of a country otherthan Jamaica to obtain a sample for

testing or(g ) a person whose name is entered on the

Commissions Registered Testing Pool ofinternational-level and national-level athletes andwho--

(i) has been notified of his inclusion in theCommissions Registered Testing Pool

and(ii) as a direct result of having his name so

entered is required to file quarterlywhereabouts information with the Com-mission on forms provided by the om-mission which s p i f l on a daily basisthe locations and times where theathlete will be residing training or

competing

(2) Subject to subsection (3 person who at anyparticular time-

(a) is in training or has at any time within the precedingtwelve months trained to compete in a sportingcompetition or

(8) has at any time within the preceding twelve monthscompeted in a sporting competition

is deemed for the purposes of subseetion (1) to be a person whocompetes in a sporting competition

17be b d dw of (UP page b rmtborhcd by LN 143120111

i

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ANTP-DOPPNG IN SPORT

(3) For the purposes of this Act a person is deemed notto have been an athlete at a particular time if the person had-

(a) given prior written notification to the relevant nationalsporting organization that he had retired from takingpart iam sporting competition

(b ) not since the written notification was given takenpart in a sporting competition and

( c ) been informed by the Commission that he no longersatisfies the criteria for inclusion in the RegisteredTesting Pool

(4) A person who has given written notice of retirementfrom taking part in sporting competition to the relevant nationalsporting organization and who is not serving a period ofineligibility may not resume competing d e s s he has given theCommission at least twelve months prior written notice that heexpects to return to competition and is available for no-advancenotice out-of-competition testing during the period

PART 1 Jamaica Anti-Doping CommissionEstablishment and Functions

-lisBlmmt --(I) There is hereby established for the purposes of thisofJmb

~ n t i - w m g Actp a M y o be called the Jamaica Anti-Doping Commissionammissio which shall be a body corporate to which section 28 of the

Interpretation Act appliesFirst ( 2 )The provisions of the First Schedule shall have effectSckduie

as to the constitution and procedure of the Commission andotherwise in relation thereto

Fm-of 6-41) The Commission shall perform such functions as areChmission

necessary to facilitate the control and prevention of doping insports including-

( a ) implementing the policies and programm es of theGovernment against doping in sport

(b ) doing dl things necessary to comply with andimplement any Article of the Code

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ANTI-DOPING nsJ SPORT

(c) planning implementing and monitoring informationand education progammes aimed at educating

athletes athlete support personnel parents the mediaand the general public in Jamaica about doping insport matters such as-

(i) the health consequences of doping

(ii) the harm of doping to the ethical values ofsport

(iii) prohibited substances and prohibited methods

(iv) therapeutic use exemptions

(v) nutritional supplements

(vi) doping control procedures and resultsmanagement

(vii) the athletes rights and responsibilities inregard to doping in sport and the con-sequences of committing an Anti-DopingRules violation

(4 establishing a register for the Registered Testing Poolof national-level and international-level Jamaicaathletes who are citizens or residents of and noting

such athletes and relevant national sporting oiganiz-ations of entries made in the register

(e) directing the anti-doping programme of the Govew-ment specific to sports including conducting testing ofathletes planning coordinating and implementing thecollection of samples the management of test resultsand conducting hearings in keeping with the man-

datory international standards set out in the Code

ugt testing any athlete whether or not he is a citizen orresident of Jamaica-

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MI-DOPIMG IM SPORT

(g) notifjhg test results to athletes a d as the case maybe g o v m e m t s of countries other than Jamaica anti-

doping organizations of other countries or othersignatodes to the Code in accordance with bilateral ormdpilrateaca9 agreements entered into by Jamaica withsuch governments organizations or signatories

(h) entering into reciprocd testing agreements withN a t i o d Anti-Doping Organizations outside Jamaicain relation to any athlete

(0 encouraging and facilitating the negotiation by anys-porting organization and Anti-Doping Organization of

my agreement permitting their members to be testedby authorized doping control teams h r n othercom~a

63 mpmtiarg with the testing and education initiativesof WW A and other antidoping organizations

(k) supporting encouraging conducting and promotingresearch stbout doping in sport matters that contributesto the development and implementation of eficientantidoping programmes

(I) consulting with advising and assisting-

(i) G o v e m e n t departments and agencies local

authorities the Jamaica Olympic Associa-tion national sporting organizations andother bodies or persons on any mattersconcerned with doping in sport issues andrelated matters

(ii) foreign government and non-governmentalorganizations and other persons outside ofJamaica for the purpose of promoting theadoption of uniform international testingprocedures for doping in sport

(m) publishing and making available the Prohibited Listand any revision thereof to athletes and as such all

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ANTI-DOPING IN SPORT

athletes shall be deemed to accept the Prohibited Listand any amendments thereto as binding upon

them

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

(0 ) performing any other h c t i o n s relating to doping insport that are conferred on the Commission by this orany other enactment and

07) generally taking all steps necessary or desirable to

achieve the purposes of this Act(2) In the performance of its functions the Com-

mission-

(a) shall establish for its use and for the use of itscommittees procedures that are appropriate and fair inthe circumstances

(b) shall develop appropriate procedures t+

(i) reflect the needs of athletes who are underthe age of eighteen years and

(ii) reflect the culture and any disabilities orother special concerns of athletes and

(iii) protect each athletes right to privacy

(c ) may impose fees or charges for the provision of

information advice or other services requested of theCommission (other than for information requested byan athlete relating to the athlete)

(3) The powers of the Commission may be exercised ina state other than Jamaica in relation to athletes who are citizensof Jamaica subject to the approval of the relevant foreign stateor relevant national sporting organization of such state

7 4 1 ) The Minister may after consultation with the Chair- Ministarnaygive direc-

man of the Commission give to the Commission directions in tions to

writing of a general character as to the policy to be followed by COmrnissi

the Commission in the performance of its functions as appear to

JThe inclusion of this page ip authorized by LK 123ROlll

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ANTI-DOPING IN SPORT

the Minister to be necessary in the public interest and theCommission shall give effect thereto

(2) Directions given under subsection (1) shall not relateto-

(a) a particular athlete or particular athlete supportpersonnel or

(b) doping control

(3) The Commission shall comely with any directionsgiven under subsection (1)

powerco $--(I) The Commission may with the written approval ofM-the Minister delegate any of its functions under this Act (otherthan the power of delegation) to any member officer or agent ofthe Commission

(2) A delegation under subsection (1) i s ~ v o c a b l ey the

Commission in d the delegation of a function shall not precludethe performance of the delegated function by the Commission

P m 11 Anti-Doping Rules

9 The Commission may with the approval of the Ministermaymake~ l e s make d e s (in this Act referred to as the Anti-Doping Rules)

generally for controlling the occurrence of doping in sports and

for carrying out the objects of this Act and without limitingthe generality of the foregoing such d e s may provide for-

(a) initiating implementing or enforcing any part of thedoping control process

(b) analysis of samples

(c) athlete whereabouts information

(4 consequences of Anti-Doping Rules violation

(e) assessment of costs for disciplinary hearings

results management

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ANTI-DOPING IN SPORT 19

10--(I) Except in any case where an athlete holds a ~nti- oping

Therapeutic Use Exemption Certificate and is in compliance

with the terms of such Therapeutic Use Exemption Certificatethe athlete shall be liable for the presence of any prohibitedsubstance or its metabolites or markers found in his body

(2) Subject to the exception mentioned in subsection(I) a reference in this Act to an Anti-Doping Rules violationshall mean any one of the following-

(a) the presence of a prohibited substance or its meta-bolites or markers in an athletes specimen

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

(c ) refusing or failing without compelling justification tosubmit sample collection after notification asauthorized in applicable Anti-Doping rules or

otherwise evading sample collection(4 violation of applicable requirements regarding athlete

availability for out-of-competition testing includingfailure to provide required whereabouts informationand missed tests which are declared based onreasonable rules which comply with the InternationalStandard for testing

(e) tampering or attempting to tamper with any part ofdoping control

V) possession of prohibited substances or prohibitedmethods

(g) trafficking in any prohibited substance or prohibitedmethod

(h) administration or attempted administration of aprohibited substance or prohibited method to anyathlete or assisting encouraging aiding abettingcovering up or any type of complicity involving anAnti-Doping Rules violation or any attemptedviolation

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ANTI-DOPING lA SPORT

Therapeutic Use Exemption

Therapeutic

use81-41) An athlete with a medical condition requiring the

Exemption use of a Prohibited Substance or Prohibited Method shall firstCmihk obtain a Therapeutic Use Exemption Certificate in accordance

with the provisions of this Act the Anti-Doping Rules and theInternational Standard for Therapeutic Use Exemption fromJADCO TUEC or as the case may require the internationalsporting federation under whose control the athletecompetes

(2) Notwithstanding the provisions of subsection (I) aninternational-level athlete or athlete who participates ininternational events shall apply to the international sportingfederation concerned for the Therapeutic Use ExemptionCertificate except in emergency situations no later than twenty-one days before the athletes participation in an internationalsporting event or otherwise provided for in the Anti-Doping

rules of that international sporting federation and provide toJADCO TUEC a copy of such aun application prior to theinternational event

(3) The application for a Therapeutic Use ExemptionCertificate ampom an athlete shall--

(a) be made immediately after the athlete becomes awarethat the use of a Prohibited Substance or Prohibited

Method is required and

(b) subject to any circumstance of emergency be obtainedprior to the athletes participation in any competitionor event

(4) Where an athlete who is subject to testing and hasbeen granted a Therapeutic Use Exemption Certificate by aninternational sporting federation the athlete shall immediately

report the granting of the Therapeutic Use Exemption Certificateto WADA JADCO TUEC and to the relevant national sportingorganization and shall provide to JADCO TUEC all the relevantif in n a ti o n and documentation

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ANTI-DOPING IN SPORT

(5)Every national level athlete and athleteparticipating in national events shall obtain a Therapeutic Use

Exemption Certificate fiom the SAIDCO TUEC unless such anathlete has previously received a Therapeutic Use ExemptionCertificate fiom can international sporting federation md suchTherapeutic Use Exemption Certificate is still vdid and thegrant of which has been previously reported to the JADCOTUEC and the Commission

1241) An application for a Therapeutic Use Exemption Application

Certificate to the JAIDCO TUEC shall be made in accordance Ezmwwith the International Standard for Therapeutic Use Exemption withinternational

(2) The athlete on whose behalf the application has

been made shdl provide written consent for the transmissionof-

(a) d l information pertaining to the application to theSADCO WEC and as required other independent

medical or scientific experts and to all necessary staffinvolved in the management or review of TherapeuticUse Exemptions

(b) the decision of SAC0 TUEC to be distributed toWAIDA and to other relevant Anti-Doping Orghzza-tions under the provisions of the Code

1341) The Coxnmission shall appoint a Committee to bew i n - 8

of aheknown as he J m d c a Anti-Doping Therapeutic Use Exemption -Committee (in this Act known as JADCO PPJIEC)consisting aherapeuaic

of six duly qualified medical practitioners Use

Exemlptiowcommittee

(2) The appointment of every member of the JADCOTUEC shall be evidenced by an instrument in writing whichshall state the period of o fi ce of the member not e x d i n gthree y e m as the Commission may specify in the instrument

and each member shall be eligible for re-appointment

(3) The Commission shall appoint one of the membersof the JADCO TUEC to be the Chairperson thereof

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ANTI-DOPING IN SPORT

Fampons

of JADCOTUEC

NotificationofTherapeuticUseExemption

WADA mayreview andrevmeTUECertificate

(4) The JADCO TUEC sh dl act independently of theCommission and shall not have any other official responsibility

within the Commission(5) Where any member of the JADCO FUEC is

connected with an athlete (having regkd to their familialbusiness or other relationship) or has an interest in any nationalsporting organization or international sporting federation such amember is excluded fiom considering any application forTherapeutic Use Exemption fiom that athlete or as the case maybe any athlete who is a member or participant in a sporiing eventorganized or sanctioned by the international sporting federationor national sporting organization in which he has an interest

14 The hcc tions of the JADCO TUEC shall be to-

(a) receive and exmine applications from national-levelathletes for Therapeutic Use Exemption Certificates

(6) g m t Therapeutic Use Exemption Certificates

(c) revoke Therapeutic Use Exemption Certificates

(4 perform any other fipnctions that are conferred orimposed on it by this Act

15--(I) The JADCO TUEC shall promptly notify theCommission of its decision to grant a Therapeutic UseExemption Certificate

(2) The Commission upon being notified by JADCOTUEC of the grant of a Therapeutic Use Exemption Certificateshall notify WADA thereof

16 Where the JADCO TUEC has made a decision to grantor deny the grant of a Therapeutic Use Exemption Certificate toan athlete WADA at the request of the athlete or on its own initiative may review the p t r denial of the Therapeutic UseExemption Certificate and where WADA determines that the

granting or denial of such Therapeutic Use ExemptionCertificate did not comply with the International Standard forTherapeutic Use Exemption in force at the time then WADAmay reverse the decision to grant or deny the Therapeutic Use

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ANTI-DOPING IN SPORT

Exemption Certificate

17 Tlhe C O ~ I ~ S S ~ O ~hall tecognk the results of laboratory Recognition

d y s i s by other anti-doping organizations once conducted in 0 2 f t ~ faccordance with the WADA International Standard for Dopin

Testing o l g a n d ~ n ~

PART W isciplinary Panel Appeals

18 There is established for the purposes of this Act a M y listm mat

to be d l e d the Jamaica Anti-Doping Disciplinary Panel and theprovisions of the Second Schedule shall have effect as to the hti- oping

constitution and pmcedw of the Disciplinary Panel and Fzhqotherwise in relation thereto second

Schedule

19 Where it appears that there has been an Anti-Doping CommissionI 0der

Rules violation the Commission shall refa the matter to theDisciplinary Panel hearing

20--41) The functions of the Disciplinary Panel shall be Functi0mof

to- the Anti-Doping~ i amp i amp n q

( a ) receive examine and hear evidence relating to an -I

Anti-Doping R des violation

(8) conduct disciplinary hearings related to Anti-DopingRules violations referred to it by the Commission

( c ) determine whether a violation of the Anti-DopingRules has occurred

(4mpose consequences of Anti-Doping Rules yiola-tions

( e ) perfom any other functions that are conferred orimposed on the Disciplinary Panel by this Act

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ANT-DOPINGIN SPORT

EstablishmentofJamaicaAnti-DopingAppealsTribunalThirdSchedule

(2) The Disciplinary Panel shdl consequent onreceiving a written reference h m he Commission asserting an

Anti-Doping rules violation-

(a) within fourteen days of the date of receipt of thereference commence a hearing

(b) within twenty days of the date of receipt of thereference issue a written decision

(c ) within thirty days of the date of receipt of the

reference issue written reasons for the decision givenin paragraph (b)

2 1 4 1 ) Subject to section 23 where-

(a) any athlete or other person who is the subject of thedecision being ap p d e d

(b) the C om iss io n

(c ) the relevant international sporting federation

(8 ) relevant nationd sporting organization

(e) the Jamaica Olympic Association

WADA

is aggrieved by a decision of the Disciplinary Panel that personor body may witkin fourteen days of the decision of theDisciplinary Panel and in the prescribed m m e r lodge magpeal with the Appeds Tribunal established under section 22against any decision of the Disciplinary Panel

(2) Every decision of the Disciplinary Pm el in respectof a Anti-Doping Rules violation shdl remain in effect duringthe appeal process unless the Appeal Tribunal otherwiseorders

2 2 4 1 ) For the purposes of an appeal under section 21there is hereby established an Appeds Tribunal to be calledthe Jamaica Anti-Doping Appeals Tribunal constituted inaccordance with the Third Schedule

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ANTI-DOPIAG IN SPORT

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

(a) PO hear and determine issues arising fiom a decision ofthe Disciplinary Panel-

(i) that an Anti-Doping Rules violation wascommitted

(ii) imposing consequences of an Anti- DopingRules violation

(iii) ohat ara Anti-Doping Rules violation was not

committed(iv) that an anti-doping orgmimtion lacks

jurisdiction to rule on an Anti-Doping Rulesviolation or consequences of rn Anti-DopingRules violation

(v) to impose a provisional suspension as a result

of a paovisiond hearing

(b ) to determine the consequences of an Anti-DopingR d es violation to to mposed

(c) to perform any other hctions hat me c o n f e d orimposed on the Appeals T r i b d by virtue of this Act

(3) The Appeds T r i b d shdl consequent on thelodging of an appeal under subsection (1)-

(a) within twenty-one days of lodging receive h a mdex m in e the evidence relating to the ap

(b) within thirty days of the date of lodging issue ao

written decision

(c) within sixty days of the date of l dgin g issue writtenreasons for the decision

(4) kra appeal shdl not in its entirety exceed three

months except in extenuating c k w n a m c e s

23 M e r e an appeal is in respect of an i n t e m ~ o dvent ~ S O F

iclkrdonellor a m e nvolving an nternational-level athlete the decision of amp

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ANTI-DOPING IN SPORT

the Disciplinary Panel may k appealed directly to the Court ofArbitration

Apr of 24-41) Any decision by WADA reversing the grant of aTherapeutic Use Exemption Certificate or as the case be the

d refusal to grant may be appealed directly by the athlete or theUw

~xwptimCommission to the Court of Arbitration

M B e (2) Where an international-level athlete has made an

application for a Therapeutic Use Exemption Certificate andthe international sporting federation has reksed to grarnt

such Therapeutic Use Exemption Certificate the athlete mayappeal exclusively to the Court of Arbitration in respect ofthe refusal to grant the Therapeutic Use ExemptionCertificate

(3) Where the JADCO TUEC has refused to grant aTherapeutic Use Exemption Certificate to a national-levelathlete the athlete may make an appeal to the Appeals Tribunal

(4) Where the Appeals Tribunal reverses the decision ofthe JADCO TklEC to grant a Therapeutic Use ExemptionCertificate WADA may appeal to the Court of Arbitration

Miscellaneous

canmtaity 25-41) Every-

(a ) member of the Commission(b) officer m d employee of the Com is si on

(c) expert retained by the Commission to m i s t in itsinvestigations and delikrations

(4 ember of the Appeals Tribunal

(e ) member of the JADCO TUEC

V) member of the Disciplinary Panel

shall keep secret and confidential all information coming to hisknowledge in the course of the administration of this Act exceptin so far as the Commission authorizes that pason to releasethat information

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ANTI-DOPING IN SPORT

(2) Any person who contravenes subsection (1) shd lbe guilty of an offence and s M l be liable on smw

conviction in a Resident Magistrates Court to a fine notexceeding one million dollars

26-41) The Minister may make regulations generally for awlations

giving effect to the provisions of this Act and without prejudiceto the generality of the foregoing the regulations may pmvidefor-

(a) the determination and collection of fees m d charges in

connection with the exercise of the Ruactions of theCommission

(b) the keeping of such records as the Minister may

require for the pwposes of this Act

(c) the forms to be used for the ppsrposes of this Act and

(4 mything required by this Act to be prescribed

(2) Regulations made under subsection (1) may pmvidefor the imposition of a penalty on summary conviction in a

Resident Magistrates Cowt of a fine not ex ce din g one milliondollars or a term of imprisonment not e x d i n g six months orboth such fine and imprisonment

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ART-DOBlNG lN SPORT

Constitution and Procedure of the Jamaica Anti-Doping Commission

1 The Commission shall consist of the following mem krs-

(a) not less than nine md not more than thirteen persons who theMinister is satisfied am of high integrity and able to exercise soundjudgment in faz8filling their responsibilities under this Act

(heminafter r e f e d to asappointed memkmsn)

(b) the Executive Director of the Commission and the PemmentSempary or his nominee (heminailer r e f e d to as ex-officiomembers)

2 The appointed members of the Commission shall be appointed by theMinister by instrument in writing and shall subject to the provisions of thisSchedule hold office for a pmisd of three years

3 Every appointed member shall be eligible for re-appointment

4 4 1 ) The Minister shdl appoint a chairman and a deputy chairman fromamong the appointed members

(2) ln the case of absence or inability to act of the chaiman thedeputy chairman shall perform the functions of the chaiman

(3) In the case of absence or inability to act of both the chairman and

deputy chairman the Minister may appoint any other member to perform thefunctions of the chairman or as he case may be the deputy chairman duringsuch absence or incapacity

5 If any member is absent or unable to pedorm his duties due to absenceor illness the Minister may appoint any person to act in the place of that

member so however that such appointment shall be made in the m emanner and fiom among the same category of p o n s as would be requiredin the case of a substantive appointment

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

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

(6) is convicted and sentenced to a tenn of imprisonment

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

(4 ngages in such activities as are reasonably consided prejudicialto the interest of the Commission

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M I- D O P IN G IN SPORT 29

7 Thew shall be paid to the members of the Commission such ~mlanaretfol~

remuneration (whether by way of honowriurn salary fees or allowances) as of^^

the Minister with responsibility for the public service may determine

8 Fiye members of the Commission shall form a quorum at any m m

meeting

9 - 4 1 ) An appointed member other than the chahan may at any time Resignation

resign his office by instrument in writing addressed to the Minister and

transmitted through the chairman and fiom the date of receipt by the Minister

of such instrument that person shall cease to be a member

(2) The chairman may at any time resign his office by instrument

in writing addressed to the Minister and such resignation shallrtake eflst

as from the date of receipt by the Minister of that insitmment

10 If any vacancy occurs in the membership of the Commission Fillingof

such vacancy shall be filled by the appointment of another member vrmcmcics

B 1 4 1) No p w i n g s shall be brought or instituted before any co w or meah

tribunal personally against any member of the Commission in respect of my of ~~~act done bonaflde in pursuance or execution or intended execution of this

A n

(2) Where any member is exempt from liability by reason only ofthe provisions of this paragraph the Commission shall be liable to the extent

that it would be if that member were an employee or agent of the

Commission

I f The names of all members of the Commissionas first constimed and Gazetting of

every change therein shall be published in the Gazette ~ h h i p

Administrbrion and Fdnance

1341) The Commission shall appoint and employ at such remuneration ampin-8

and on such terms and conditions as it thinks fit an Executive Director a zySecretary and such other officers employees and agents as it considers mflom

necessary for q e proper carrying out of its functions

(2) Notwithstanding sub-paragraph (1)-

(a) a salary in excess of the prescribed rate shall not be assigned to

any post without the prior approval of the Minister and

(b) an appointment shall not be made to any post to which a salary in

excess of the prescribed rate is assigned without the prior approval

of the Minister

(3) In this section prescribed me means such rate as thk

Minister with responsibility for the public service may by order prescribe

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38 M-DOPING N SPORT

W i 14 The Commission may with the written appmval of the Minister-gmwitksmd

~iharuirimg (a) enter into ammgements respecting schemes whether by way of

bencri insurance policies of otherwise or(6) make regulations

for medical h e f i 4 pensions gratuities and other retiring benefits ordisability or death benefits relating to employees of the Commission andsuch arrangements or regulations may include provisions for the g m t ofbenefits to the dependants and the legal personal representatives of suchemployees

Fundo lad 1 5 4 1) The dunds and resources of the Commission shall consist of-fsaufca ofC g m n i h (a) such funds as may be provided by Parliament for the Commission

in the annual Estimates of Revenue and Expenditum

(b) revenues ampom fees and charges impsed by the Commission form y -ices p d d d by it or the use of any facility

(c) s ~ c h m s as may beallocated b m time to time to theCommission b m esearch or education gmts or fiwm loan fundsand

(d)all o t h a m s r property which may in any manner becomepayable to or vested in the Commission in respect of any matterincidental to its functions

(2) The expenses of the Commission including the remunerationof members md employees shall be paid out of the funds of theCommission

~BDPKCDLO 16 All moneys s f the Commission not q u i r e d to be expended fork v a the purpose of meeting any of the obligations or discharging any of them finctions of the Commission may be invested in such securities as the

Commission may afier consultation with the Minister responsible forfinance consider appropriate and the Commission may sell all or any of suchsecurities

d 17---(I) The Commission shall keep proper accounts and other records inmlation to its business and shall prepare mually in msgect of each financialyear a statement of accounts in a form satisfactory to the Minister beinga form which eon foms with established accounting principles

(2) The accounts of the Commission shall be audited annually by anauditor or auditors appointed by the Commission and approved by theMinis-

(3) The members ofticers and employees ofthe Commission shall-

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ANTI-DOPING IN SPORT 3 1

(a) grant to the auditor appointed under sub-paragraph (2) accessto all books documents cash and securities of the Commissionand

(b) give to the auditor on request all such information as may be

within their knowledge in relation to the Commissions operations

(4) The auditors fees and any expenses of the audit shall be paid bythe Commission

(5) The Auditor-General shall be entitled at all reasonable times toexamine the accounts and other records in relation to the business of theCommission

l8-(l) The Commission shall within six months afterthe end of each A n n d

financial year or within such longer priod as the Minister may in spcialcircumstances allow cause to be made and transmit to the Minister a regort edi-

dealing generally with the activities of the Commission during the precedingyear including-

(a) a statement of its accounts audited in accordance with paragraph 17

(b) a statement of the outcomes and findings of its annual testing

programme including satis tical information on-(i) the provision of samples by athletes

(ii) the testing of samples so provided and

(iii) the extent of the participation of ~ a ti o na l sportingorganizations in testing programmes operated or suppofldby the Commission

(c) the results of Anti-Doping research undertaken by or supported bythe Commission

(4 summary of the education and public information programmesundertaken by or supported by the Commission and

(e) particulars of the extent to which the Commission has compllidwith and achieved the objectives of any sb-ategic plan and theoperational plan in force during the financial year to which theregort relates

(2) The Minister shall cause copies of the report together with the

a n n u l statement of accounts and the auditors report thereon to belaid on theTable of the House of Representatives and of the Senate

(3) The Commission shall before a date specified by the Minisampsubmit to the Minister for his approval estimates of revenue and expenditurefor the ensuing year

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32 ANTI-DOFING IN SPORT

Exemption 1 The income of the Commission shall be exempt fiom incomefminsome

tax

SECOND CHEDULE (Seaion 18)

Constirution of h e Jamaica Awi-Dop ing Disciplinary Panel

Cm d t u t h 141) The Disciplinary Panel shall consist of not more than nineOf Discipi- persons appointed as fol~ows-nsr)Pawl

(a) m chairman and two vice chairmen each of whom shall be legal

practitioners of not less than 18 years of experience

(b) three persons each of whom has been duly qualified medical

practitioners for not less than five years

(el three additioilal members each of whom shall be or has previously

been a spaas administrator or an athlete

(2) The chairman or in his absence the vice chairman shall

appoint three members frsm the panel to hear and determine each case

(3) Every hearing shall comprise of the chairman or a vice chairman

as chairman of the hearing panel one medical pmctitioner member and one- sp rt s dminismtosor athlete member

Tenurecf 2 The members shall be a~pointedby the Minister by instrument inofiw w-riting md shall subject to the provisions of this Schedule hold ofice for a

period of three years

lp 3 Every member shall be eligible for re-a~pointment

qipkmlm

~c t i ng 4 If my member is absent or unable to act the Minister may appoint anyWiatmesrtscerson to act in the glace of that member so however that such appointment

shdl be made in the same manner and frsm among the same category of

persons as would be required in h e case of a substantive appointment

Ip-b 5 The Minister may at any time revoke the appointment of any member

of the Disciplil~~~jymel if such member-8mm

(a) becomes ~f unsound mind or becomes pemanently unable to

p f o m his frsnctions by reason of i l l health

(b) is wnvicted and sentencedto a term of imprisonment

(6 ) hils withotit peasonable excuse to carny out any of the functions

m L d r ionposed on him under this Act or

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ANTI-DOPING IN SPORT 33

( 8 ) engages in such activities as are reasonably considered prejudicialto the interest of the Commission

16 There shall be paid to the members of the Disciplinary Panel such Remuneration

remuneration (whether by way of honorarium salary fees or allowances) as ofmembersthe Minister may determine

7 - (1 ) Any member other than the chairman may at any time resign Resignation

his office by instrument in writing addressed to the Minister and transmittedthrough the chairman and from the date of receipt by the Minister of suchinstrument that person shall cease to be a member

(2) The chairman may at any time resign his office by instrument

in writing addressed to the Minister and such resignation shall take effect asfrom the date of receipt by the Minister of that instrument

8 If any vacancy occurs in the membership of the Disciplinary Panel Fillingof

such vacancy shall be filled by the appointment of another member so vacancies

however that such appointment shall be made in the same manner and fromthe same category of persons as would be required in the case of the originalappointment

9 - ( l ) No proceedings shall be brought or instituted before any court or htection

tribunal personally against any member of the Disciplinary Panel in respect ofmembers

of any act done bo na jide in pursuance or execution or intended execution ofthis Act

(2) Where any member is exempt from liability by reason only ofthe provisions of this paragraph the Disciplinary Panel shall be liable to theextent that it would be if that member were an employee or agent of theDisciplinary Panel

10 The names of all members of the Disciplinary Panel sas first Gazettingof

constituted and every change therein shall be published in the Gazette membership

THIfttl SCHEDULE (Section 22)

Constitutionof the Jamaica Anti-Doping Appeals Tribunal

1 The Appeals Tribunal shall consist of sir person- ConstitutionofAppeals

(a) a chairman and vice-chairman k i n g both persons who have Panel

served as either a Judge of the Court of Appeal or of the SupremeCourt

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ANTILDOPING IiV SPORT

(b) persons who have served in-

Actingwepombmnts

Revocationof

appointment

Remunetation

Resignation

Filling ofvacancies

(i) the post of a Director of Public Prosecutions or a senior

member of staff of the Office of the Director of PublicProsecutions

(ii) sports administration for at least ten years

(iii) sports medicine for at least ten years

2 The members of the Appeals Tribunal shall be appointed by theMinister by instrument in writing and shall subject to the provisions of thisSchedule hold office for a period of three years

3 Every member shall be eligible for re-appointment

4 If any member of the Appeals Tniunal is absent or unable to performhis duties the Minister may appoint any person to act in the place of thatmember so however that such appointment shall be made in the samemanner and h m mong the same category of persons as would be requiredin the case of a substantive appointment

5 The Minister may at any time revoke the appointment of any memberof theCommission if such member-

(a) becomes of unsound mind or becomes pe-rmanently unable toperform his functions by w o n of i l l health

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

(c) fails without reasonable excuse to cany out any of the functionsconferred or imposed on him under this Act or

(4 ngages in such activities as are reasonably considered prejudicialto the interest of the Commission

6 There shall be paid to the members of the Appeals Tribunal suchremuneration (whether by way of honorarium salary fees or allowances) asthe Minister may determine

7-41) Any member other than the chairman may at any time resign hisoffice by instrument in writing addressed to the Minister and transmittedthrough the chairman and from the date of receipt by the Minister of suchinstrument that person shall cease to be a member

(2) The chairman may at any time resign his oflice by instrument inwriting addressed to the Minister and such resignation shall take effect asfrom the date of receipt by the Minister of that instrument

8 If any vacancy occurs in the membership of the Appeals Tribunal suchvacancy shall be filled by the appointment of another member so however

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ANTI-DOPING IN SPORT

that such appointment shall be made in the same manner and h m he samecategory of persons as would be required in the case of the original

appointment9+1) No proceedings shall be brought or instituted before any court Rotection

or tribunal personally against any member of the Appeals Tribunal in respect of members

of any act done bonafide in pursuance or execution or intended execution ofthis Act

(2) Where any member is exempt from liability by reason only of theprovisions of this paragraph the Appeals Tribunal shall be liable to theextent that it would be if that member were an employee or agent of the

Appeals Tribunal10 The names of all members of the Appeals Tribunal as first constituted Gazatingof

and every change therein shall be published in the Gmette Membenhip

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(3) For the purposes of this Act a person is deemed notto have been an athlete at a particular time if the person had-

(a) given prior written notification to the relevant nationalsporting organization that he had retired from takingpart iam sporting competition

(b ) not since the written notification was given takenpart in a sporting competition and

( c ) been informed by the Commission that he no longersatisfies the criteria for inclusion in the RegisteredTesting Pool

(4) A person who has given written notice of retirementfrom taking part in sporting competition to the relevant nationalsporting organization and who is not serving a period ofineligibility may not resume competing d e s s he has given theCommission at least twelve months prior written notice that heexpects to return to competition and is available for no-advancenotice out-of-competition testing during the period

PART 1 Jamaica Anti-Doping CommissionEstablishment and Functions

-lisBlmmt --(I) There is hereby established for the purposes of thisofJmb

~ n t i - w m g Actp a M y o be called the Jamaica Anti-Doping Commissionammissio which shall be a body corporate to which section 28 of the

Interpretation Act appliesFirst ( 2 )The provisions of the First Schedule shall have effectSckduie

as to the constitution and procedure of the Commission andotherwise in relation thereto

Fm-of 6-41) The Commission shall perform such functions as areChmission

necessary to facilitate the control and prevention of doping insports including-

( a ) implementing the policies and programm es of theGovernment against doping in sport

(b ) doing dl things necessary to comply with andimplement any Article of the Code

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ANTI-DOPING nsJ SPORT

(c) planning implementing and monitoring informationand education progammes aimed at educating

athletes athlete support personnel parents the mediaand the general public in Jamaica about doping insport matters such as-

(i) the health consequences of doping

(ii) the harm of doping to the ethical values ofsport

(iii) prohibited substances and prohibited methods

(iv) therapeutic use exemptions

(v) nutritional supplements

(vi) doping control procedures and resultsmanagement

(vii) the athletes rights and responsibilities inregard to doping in sport and the con-sequences of committing an Anti-DopingRules violation

(4 establishing a register for the Registered Testing Poolof national-level and international-level Jamaicaathletes who are citizens or residents of and noting

such athletes and relevant national sporting oiganiz-ations of entries made in the register

(e) directing the anti-doping programme of the Govew-ment specific to sports including conducting testing ofathletes planning coordinating and implementing thecollection of samples the management of test resultsand conducting hearings in keeping with the man-

datory international standards set out in the Code

ugt testing any athlete whether or not he is a citizen orresident of Jamaica-

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MI-DOPIMG IM SPORT

(g) notifjhg test results to athletes a d as the case maybe g o v m e m t s of countries other than Jamaica anti-

doping organizations of other countries or othersignatodes to the Code in accordance with bilateral ormdpilrateaca9 agreements entered into by Jamaica withsuch governments organizations or signatories

(h) entering into reciprocd testing agreements withN a t i o d Anti-Doping Organizations outside Jamaicain relation to any athlete

(0 encouraging and facilitating the negotiation by anys-porting organization and Anti-Doping Organization of

my agreement permitting their members to be testedby authorized doping control teams h r n othercom~a

63 mpmtiarg with the testing and education initiativesof WW A and other antidoping organizations

(k) supporting encouraging conducting and promotingresearch stbout doping in sport matters that contributesto the development and implementation of eficientantidoping programmes

(I) consulting with advising and assisting-

(i) G o v e m e n t departments and agencies local

authorities the Jamaica Olympic Associa-tion national sporting organizations andother bodies or persons on any mattersconcerned with doping in sport issues andrelated matters

(ii) foreign government and non-governmentalorganizations and other persons outside ofJamaica for the purpose of promoting theadoption of uniform international testingprocedures for doping in sport

(m) publishing and making available the Prohibited Listand any revision thereof to athletes and as such all

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athletes shall be deemed to accept the Prohibited Listand any amendments thereto as binding upon

them

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

(0 ) performing any other h c t i o n s relating to doping insport that are conferred on the Commission by this orany other enactment and

07) generally taking all steps necessary or desirable to

achieve the purposes of this Act(2) In the performance of its functions the Com-

mission-

(a) shall establish for its use and for the use of itscommittees procedures that are appropriate and fair inthe circumstances

(b) shall develop appropriate procedures t+

(i) reflect the needs of athletes who are underthe age of eighteen years and

(ii) reflect the culture and any disabilities orother special concerns of athletes and

(iii) protect each athletes right to privacy

(c ) may impose fees or charges for the provision of

information advice or other services requested of theCommission (other than for information requested byan athlete relating to the athlete)

(3) The powers of the Commission may be exercised ina state other than Jamaica in relation to athletes who are citizensof Jamaica subject to the approval of the relevant foreign stateor relevant national sporting organization of such state

7 4 1 ) The Minister may after consultation with the Chair- Ministarnaygive direc-

man of the Commission give to the Commission directions in tions to

writing of a general character as to the policy to be followed by COmrnissi

the Commission in the performance of its functions as appear to

JThe inclusion of this page ip authorized by LK 123ROlll

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ANTI-DOPING IN SPORT

the Minister to be necessary in the public interest and theCommission shall give effect thereto

(2) Directions given under subsection (1) shall not relateto-

(a) a particular athlete or particular athlete supportpersonnel or

(b) doping control

(3) The Commission shall comely with any directionsgiven under subsection (1)

powerco $--(I) The Commission may with the written approval ofM-the Minister delegate any of its functions under this Act (otherthan the power of delegation) to any member officer or agent ofthe Commission

(2) A delegation under subsection (1) i s ~ v o c a b l ey the

Commission in d the delegation of a function shall not precludethe performance of the delegated function by the Commission

P m 11 Anti-Doping Rules

9 The Commission may with the approval of the Ministermaymake~ l e s make d e s (in this Act referred to as the Anti-Doping Rules)

generally for controlling the occurrence of doping in sports and

for carrying out the objects of this Act and without limitingthe generality of the foregoing such d e s may provide for-

(a) initiating implementing or enforcing any part of thedoping control process

(b) analysis of samples

(c) athlete whereabouts information

(4 consequences of Anti-Doping Rules violation

(e) assessment of costs for disciplinary hearings

results management

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ANTI-DOPING IN SPORT 19

10--(I) Except in any case where an athlete holds a ~nti- oping

Therapeutic Use Exemption Certificate and is in compliance

with the terms of such Therapeutic Use Exemption Certificatethe athlete shall be liable for the presence of any prohibitedsubstance or its metabolites or markers found in his body

(2) Subject to the exception mentioned in subsection(I) a reference in this Act to an Anti-Doping Rules violationshall mean any one of the following-

(a) the presence of a prohibited substance or its meta-bolites or markers in an athletes specimen

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

(c ) refusing or failing without compelling justification tosubmit sample collection after notification asauthorized in applicable Anti-Doping rules or

otherwise evading sample collection(4 violation of applicable requirements regarding athlete

availability for out-of-competition testing includingfailure to provide required whereabouts informationand missed tests which are declared based onreasonable rules which comply with the InternationalStandard for testing

(e) tampering or attempting to tamper with any part ofdoping control

V) possession of prohibited substances or prohibitedmethods

(g) trafficking in any prohibited substance or prohibitedmethod

(h) administration or attempted administration of aprohibited substance or prohibited method to anyathlete or assisting encouraging aiding abettingcovering up or any type of complicity involving anAnti-Doping Rules violation or any attemptedviolation

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ANTI-DOPING lA SPORT

Therapeutic Use Exemption

Therapeutic

use81-41) An athlete with a medical condition requiring the

Exemption use of a Prohibited Substance or Prohibited Method shall firstCmihk obtain a Therapeutic Use Exemption Certificate in accordance

with the provisions of this Act the Anti-Doping Rules and theInternational Standard for Therapeutic Use Exemption fromJADCO TUEC or as the case may require the internationalsporting federation under whose control the athletecompetes

(2) Notwithstanding the provisions of subsection (I) aninternational-level athlete or athlete who participates ininternational events shall apply to the international sportingfederation concerned for the Therapeutic Use ExemptionCertificate except in emergency situations no later than twenty-one days before the athletes participation in an internationalsporting event or otherwise provided for in the Anti-Doping

rules of that international sporting federation and provide toJADCO TUEC a copy of such aun application prior to theinternational event

(3) The application for a Therapeutic Use ExemptionCertificate ampom an athlete shall--

(a) be made immediately after the athlete becomes awarethat the use of a Prohibited Substance or Prohibited

Method is required and

(b) subject to any circumstance of emergency be obtainedprior to the athletes participation in any competitionor event

(4) Where an athlete who is subject to testing and hasbeen granted a Therapeutic Use Exemption Certificate by aninternational sporting federation the athlete shall immediately

report the granting of the Therapeutic Use Exemption Certificateto WADA JADCO TUEC and to the relevant national sportingorganization and shall provide to JADCO TUEC all the relevantif in n a ti o n and documentation

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ANTI-DOPING IN SPORT

(5)Every national level athlete and athleteparticipating in national events shall obtain a Therapeutic Use

Exemption Certificate fiom the SAIDCO TUEC unless such anathlete has previously received a Therapeutic Use ExemptionCertificate fiom can international sporting federation md suchTherapeutic Use Exemption Certificate is still vdid and thegrant of which has been previously reported to the JADCOTUEC and the Commission

1241) An application for a Therapeutic Use Exemption Application

Certificate to the JAIDCO TUEC shall be made in accordance Ezmwwith the International Standard for Therapeutic Use Exemption withinternational

(2) The athlete on whose behalf the application has

been made shdl provide written consent for the transmissionof-

(a) d l information pertaining to the application to theSADCO WEC and as required other independent

medical or scientific experts and to all necessary staffinvolved in the management or review of TherapeuticUse Exemptions

(b) the decision of SAC0 TUEC to be distributed toWAIDA and to other relevant Anti-Doping Orghzza-tions under the provisions of the Code

1341) The Coxnmission shall appoint a Committee to bew i n - 8

of aheknown as he J m d c a Anti-Doping Therapeutic Use Exemption -Committee (in this Act known as JADCO PPJIEC)consisting aherapeuaic

of six duly qualified medical practitioners Use

Exemlptiowcommittee

(2) The appointment of every member of the JADCOTUEC shall be evidenced by an instrument in writing whichshall state the period of o fi ce of the member not e x d i n gthree y e m as the Commission may specify in the instrument

and each member shall be eligible for re-appointment

(3) The Commission shall appoint one of the membersof the JADCO TUEC to be the Chairperson thereof

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ANTI-DOPING IN SPORT

Fampons

of JADCOTUEC

NotificationofTherapeuticUseExemption

WADA mayreview andrevmeTUECertificate

(4) The JADCO TUEC sh dl act independently of theCommission and shall not have any other official responsibility

within the Commission(5) Where any member of the JADCO FUEC is

connected with an athlete (having regkd to their familialbusiness or other relationship) or has an interest in any nationalsporting organization or international sporting federation such amember is excluded fiom considering any application forTherapeutic Use Exemption fiom that athlete or as the case maybe any athlete who is a member or participant in a sporiing eventorganized or sanctioned by the international sporting federationor national sporting organization in which he has an interest

14 The hcc tions of the JADCO TUEC shall be to-

(a) receive and exmine applications from national-levelathletes for Therapeutic Use Exemption Certificates

(6) g m t Therapeutic Use Exemption Certificates

(c) revoke Therapeutic Use Exemption Certificates

(4 perform any other fipnctions that are conferred orimposed on it by this Act

15--(I) The JADCO TUEC shall promptly notify theCommission of its decision to grant a Therapeutic UseExemption Certificate

(2) The Commission upon being notified by JADCOTUEC of the grant of a Therapeutic Use Exemption Certificateshall notify WADA thereof

16 Where the JADCO TUEC has made a decision to grantor deny the grant of a Therapeutic Use Exemption Certificate toan athlete WADA at the request of the athlete or on its own initiative may review the p t r denial of the Therapeutic UseExemption Certificate and where WADA determines that the

granting or denial of such Therapeutic Use ExemptionCertificate did not comply with the International Standard forTherapeutic Use Exemption in force at the time then WADAmay reverse the decision to grant or deny the Therapeutic Use

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ANTI-DOPING IN SPORT

Exemption Certificate

17 Tlhe C O ~ I ~ S S ~ O ~hall tecognk the results of laboratory Recognition

d y s i s by other anti-doping organizations once conducted in 0 2 f t ~ faccordance with the WADA International Standard for Dopin

Testing o l g a n d ~ n ~

PART W isciplinary Panel Appeals

18 There is established for the purposes of this Act a M y listm mat

to be d l e d the Jamaica Anti-Doping Disciplinary Panel and theprovisions of the Second Schedule shall have effect as to the hti- oping

constitution and pmcedw of the Disciplinary Panel and Fzhqotherwise in relation thereto second

Schedule

19 Where it appears that there has been an Anti-Doping CommissionI 0der

Rules violation the Commission shall refa the matter to theDisciplinary Panel hearing

20--41) The functions of the Disciplinary Panel shall be Functi0mof

to- the Anti-Doping~ i amp i amp n q

( a ) receive examine and hear evidence relating to an -I

Anti-Doping R des violation

(8) conduct disciplinary hearings related to Anti-DopingRules violations referred to it by the Commission

( c ) determine whether a violation of the Anti-DopingRules has occurred

(4mpose consequences of Anti-Doping Rules yiola-tions

( e ) perfom any other functions that are conferred orimposed on the Disciplinary Panel by this Act

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EstablishmentofJamaicaAnti-DopingAppealsTribunalThirdSchedule

(2) The Disciplinary Panel shdl consequent onreceiving a written reference h m he Commission asserting an

Anti-Doping rules violation-

(a) within fourteen days of the date of receipt of thereference commence a hearing

(b) within twenty days of the date of receipt of thereference issue a written decision

(c ) within thirty days of the date of receipt of the

reference issue written reasons for the decision givenin paragraph (b)

2 1 4 1 ) Subject to section 23 where-

(a) any athlete or other person who is the subject of thedecision being ap p d e d

(b) the C om iss io n

(c ) the relevant international sporting federation

(8 ) relevant nationd sporting organization

(e) the Jamaica Olympic Association

WADA

is aggrieved by a decision of the Disciplinary Panel that personor body may witkin fourteen days of the decision of theDisciplinary Panel and in the prescribed m m e r lodge magpeal with the Appeds Tribunal established under section 22against any decision of the Disciplinary Panel

(2) Every decision of the Disciplinary Pm el in respectof a Anti-Doping Rules violation shdl remain in effect duringthe appeal process unless the Appeal Tribunal otherwiseorders

2 2 4 1 ) For the purposes of an appeal under section 21there is hereby established an Appeds Tribunal to be calledthe Jamaica Anti-Doping Appeals Tribunal constituted inaccordance with the Third Schedule

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ANTI-DOPIAG IN SPORT

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

(a) PO hear and determine issues arising fiom a decision ofthe Disciplinary Panel-

(i) that an Anti-Doping Rules violation wascommitted

(ii) imposing consequences of an Anti- DopingRules violation

(iii) ohat ara Anti-Doping Rules violation was not

committed(iv) that an anti-doping orgmimtion lacks

jurisdiction to rule on an Anti-Doping Rulesviolation or consequences of rn Anti-DopingRules violation

(v) to impose a provisional suspension as a result

of a paovisiond hearing

(b ) to determine the consequences of an Anti-DopingR d es violation to to mposed

(c) to perform any other hctions hat me c o n f e d orimposed on the Appeals T r i b d by virtue of this Act

(3) The Appeds T r i b d shdl consequent on thelodging of an appeal under subsection (1)-

(a) within twenty-one days of lodging receive h a mdex m in e the evidence relating to the ap

(b) within thirty days of the date of lodging issue ao

written decision

(c) within sixty days of the date of l dgin g issue writtenreasons for the decision

(4) kra appeal shdl not in its entirety exceed three

months except in extenuating c k w n a m c e s

23 M e r e an appeal is in respect of an i n t e m ~ o dvent ~ S O F

iclkrdonellor a m e nvolving an nternational-level athlete the decision of amp

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ANTI-DOPING IN SPORT

the Disciplinary Panel may k appealed directly to the Court ofArbitration

Apr of 24-41) Any decision by WADA reversing the grant of aTherapeutic Use Exemption Certificate or as the case be the

d refusal to grant may be appealed directly by the athlete or theUw

~xwptimCommission to the Court of Arbitration

M B e (2) Where an international-level athlete has made an

application for a Therapeutic Use Exemption Certificate andthe international sporting federation has reksed to grarnt

such Therapeutic Use Exemption Certificate the athlete mayappeal exclusively to the Court of Arbitration in respect ofthe refusal to grant the Therapeutic Use ExemptionCertificate

(3) Where the JADCO TUEC has refused to grant aTherapeutic Use Exemption Certificate to a national-levelathlete the athlete may make an appeal to the Appeals Tribunal

(4) Where the Appeals Tribunal reverses the decision ofthe JADCO TklEC to grant a Therapeutic Use ExemptionCertificate WADA may appeal to the Court of Arbitration

Miscellaneous

canmtaity 25-41) Every-

(a ) member of the Commission(b) officer m d employee of the Com is si on

(c) expert retained by the Commission to m i s t in itsinvestigations and delikrations

(4 ember of the Appeals Tribunal

(e ) member of the JADCO TUEC

V) member of the Disciplinary Panel

shall keep secret and confidential all information coming to hisknowledge in the course of the administration of this Act exceptin so far as the Commission authorizes that pason to releasethat information

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ANTI-DOPING IN SPORT

(2) Any person who contravenes subsection (1) shd lbe guilty of an offence and s M l be liable on smw

conviction in a Resident Magistrates Court to a fine notexceeding one million dollars

26-41) The Minister may make regulations generally for awlations

giving effect to the provisions of this Act and without prejudiceto the generality of the foregoing the regulations may pmvidefor-

(a) the determination and collection of fees m d charges in

connection with the exercise of the Ruactions of theCommission

(b) the keeping of such records as the Minister may

require for the pwposes of this Act

(c) the forms to be used for the ppsrposes of this Act and

(4 mything required by this Act to be prescribed

(2) Regulations made under subsection (1) may pmvidefor the imposition of a penalty on summary conviction in a

Resident Magistrates Cowt of a fine not ex ce din g one milliondollars or a term of imprisonment not e x d i n g six months orboth such fine and imprisonment

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ART-DOBlNG lN SPORT

Constitution and Procedure of the Jamaica Anti-Doping Commission

1 The Commission shall consist of the following mem krs-

(a) not less than nine md not more than thirteen persons who theMinister is satisfied am of high integrity and able to exercise soundjudgment in faz8filling their responsibilities under this Act

(heminafter r e f e d to asappointed memkmsn)

(b) the Executive Director of the Commission and the PemmentSempary or his nominee (heminailer r e f e d to as ex-officiomembers)

2 The appointed members of the Commission shall be appointed by theMinister by instrument in writing and shall subject to the provisions of thisSchedule hold office for a pmisd of three years

3 Every appointed member shall be eligible for re-appointment

4 4 1 ) The Minister shdl appoint a chairman and a deputy chairman fromamong the appointed members

(2) ln the case of absence or inability to act of the chaiman thedeputy chairman shall perform the functions of the chaiman

(3) In the case of absence or inability to act of both the chairman and

deputy chairman the Minister may appoint any other member to perform thefunctions of the chairman or as he case may be the deputy chairman duringsuch absence or incapacity

5 If any member is absent or unable to pedorm his duties due to absenceor illness the Minister may appoint any person to act in the place of that

member so however that such appointment shall be made in the m emanner and fiom among the same category of p o n s as would be requiredin the case of a substantive appointment

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

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

(6) is convicted and sentenced to a tenn of imprisonment

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

(4 ngages in such activities as are reasonably consided prejudicialto the interest of the Commission

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M I- D O P IN G IN SPORT 29

7 Thew shall be paid to the members of the Commission such ~mlanaretfol~

remuneration (whether by way of honowriurn salary fees or allowances) as of^^

the Minister with responsibility for the public service may determine

8 Fiye members of the Commission shall form a quorum at any m m

meeting

9 - 4 1 ) An appointed member other than the chahan may at any time Resignation

resign his office by instrument in writing addressed to the Minister and

transmitted through the chairman and fiom the date of receipt by the Minister

of such instrument that person shall cease to be a member

(2) The chairman may at any time resign his office by instrument

in writing addressed to the Minister and such resignation shallrtake eflst

as from the date of receipt by the Minister of that insitmment

10 If any vacancy occurs in the membership of the Commission Fillingof

such vacancy shall be filled by the appointment of another member vrmcmcics

B 1 4 1) No p w i n g s shall be brought or instituted before any co w or meah

tribunal personally against any member of the Commission in respect of my of ~~~act done bonaflde in pursuance or execution or intended execution of this

A n

(2) Where any member is exempt from liability by reason only ofthe provisions of this paragraph the Commission shall be liable to the extent

that it would be if that member were an employee or agent of the

Commission

I f The names of all members of the Commissionas first constimed and Gazetting of

every change therein shall be published in the Gazette ~ h h i p

Administrbrion and Fdnance

1341) The Commission shall appoint and employ at such remuneration ampin-8

and on such terms and conditions as it thinks fit an Executive Director a zySecretary and such other officers employees and agents as it considers mflom

necessary for q e proper carrying out of its functions

(2) Notwithstanding sub-paragraph (1)-

(a) a salary in excess of the prescribed rate shall not be assigned to

any post without the prior approval of the Minister and

(b) an appointment shall not be made to any post to which a salary in

excess of the prescribed rate is assigned without the prior approval

of the Minister

(3) In this section prescribed me means such rate as thk

Minister with responsibility for the public service may by order prescribe

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38 M-DOPING N SPORT

W i 14 The Commission may with the written appmval of the Minister-gmwitksmd

~iharuirimg (a) enter into ammgements respecting schemes whether by way of

bencri insurance policies of otherwise or(6) make regulations

for medical h e f i 4 pensions gratuities and other retiring benefits ordisability or death benefits relating to employees of the Commission andsuch arrangements or regulations may include provisions for the g m t ofbenefits to the dependants and the legal personal representatives of suchemployees

Fundo lad 1 5 4 1) The dunds and resources of the Commission shall consist of-fsaufca ofC g m n i h (a) such funds as may be provided by Parliament for the Commission

in the annual Estimates of Revenue and Expenditum

(b) revenues ampom fees and charges impsed by the Commission form y -ices p d d d by it or the use of any facility

(c) s ~ c h m s as may beallocated b m time to time to theCommission b m esearch or education gmts or fiwm loan fundsand

(d)all o t h a m s r property which may in any manner becomepayable to or vested in the Commission in respect of any matterincidental to its functions

(2) The expenses of the Commission including the remunerationof members md employees shall be paid out of the funds of theCommission

~BDPKCDLO 16 All moneys s f the Commission not q u i r e d to be expended fork v a the purpose of meeting any of the obligations or discharging any of them finctions of the Commission may be invested in such securities as the

Commission may afier consultation with the Minister responsible forfinance consider appropriate and the Commission may sell all or any of suchsecurities

d 17---(I) The Commission shall keep proper accounts and other records inmlation to its business and shall prepare mually in msgect of each financialyear a statement of accounts in a form satisfactory to the Minister beinga form which eon foms with established accounting principles

(2) The accounts of the Commission shall be audited annually by anauditor or auditors appointed by the Commission and approved by theMinis-

(3) The members ofticers and employees ofthe Commission shall-

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ANTI-DOPING IN SPORT 3 1

(a) grant to the auditor appointed under sub-paragraph (2) accessto all books documents cash and securities of the Commissionand

(b) give to the auditor on request all such information as may be

within their knowledge in relation to the Commissions operations

(4) The auditors fees and any expenses of the audit shall be paid bythe Commission

(5) The Auditor-General shall be entitled at all reasonable times toexamine the accounts and other records in relation to the business of theCommission

l8-(l) The Commission shall within six months afterthe end of each A n n d

financial year or within such longer priod as the Minister may in spcialcircumstances allow cause to be made and transmit to the Minister a regort edi-

dealing generally with the activities of the Commission during the precedingyear including-

(a) a statement of its accounts audited in accordance with paragraph 17

(b) a statement of the outcomes and findings of its annual testing

programme including satis tical information on-(i) the provision of samples by athletes

(ii) the testing of samples so provided and

(iii) the extent of the participation of ~ a ti o na l sportingorganizations in testing programmes operated or suppofldby the Commission

(c) the results of Anti-Doping research undertaken by or supported bythe Commission

(4 summary of the education and public information programmesundertaken by or supported by the Commission and

(e) particulars of the extent to which the Commission has compllidwith and achieved the objectives of any sb-ategic plan and theoperational plan in force during the financial year to which theregort relates

(2) The Minister shall cause copies of the report together with the

a n n u l statement of accounts and the auditors report thereon to belaid on theTable of the House of Representatives and of the Senate

(3) The Commission shall before a date specified by the Minisampsubmit to the Minister for his approval estimates of revenue and expenditurefor the ensuing year

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32 ANTI-DOFING IN SPORT

Exemption 1 The income of the Commission shall be exempt fiom incomefminsome

tax

SECOND CHEDULE (Seaion 18)

Constirution of h e Jamaica Awi-Dop ing Disciplinary Panel

Cm d t u t h 141) The Disciplinary Panel shall consist of not more than nineOf Discipi- persons appointed as fol~ows-nsr)Pawl

(a) m chairman and two vice chairmen each of whom shall be legal

practitioners of not less than 18 years of experience

(b) three persons each of whom has been duly qualified medical

practitioners for not less than five years

(el three additioilal members each of whom shall be or has previously

been a spaas administrator or an athlete

(2) The chairman or in his absence the vice chairman shall

appoint three members frsm the panel to hear and determine each case

(3) Every hearing shall comprise of the chairman or a vice chairman

as chairman of the hearing panel one medical pmctitioner member and one- sp rt s dminismtosor athlete member

Tenurecf 2 The members shall be a~pointedby the Minister by instrument inofiw w-riting md shall subject to the provisions of this Schedule hold ofice for a

period of three years

lp 3 Every member shall be eligible for re-a~pointment

qipkmlm

~c t i ng 4 If my member is absent or unable to act the Minister may appoint anyWiatmesrtscerson to act in the glace of that member so however that such appointment

shdl be made in the same manner and frsm among the same category of

persons as would be required in h e case of a substantive appointment

Ip-b 5 The Minister may at any time revoke the appointment of any member

of the Disciplil~~~jymel if such member-8mm

(a) becomes ~f unsound mind or becomes pemanently unable to

p f o m his frsnctions by reason of i l l health

(b) is wnvicted and sentencedto a term of imprisonment

(6 ) hils withotit peasonable excuse to carny out any of the functions

m L d r ionposed on him under this Act or

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ANTI-DOPING IN SPORT 33

( 8 ) engages in such activities as are reasonably considered prejudicialto the interest of the Commission

16 There shall be paid to the members of the Disciplinary Panel such Remuneration

remuneration (whether by way of honorarium salary fees or allowances) as ofmembersthe Minister may determine

7 - (1 ) Any member other than the chairman may at any time resign Resignation

his office by instrument in writing addressed to the Minister and transmittedthrough the chairman and from the date of receipt by the Minister of suchinstrument that person shall cease to be a member

(2) The chairman may at any time resign his office by instrument

in writing addressed to the Minister and such resignation shall take effect asfrom the date of receipt by the Minister of that instrument

8 If any vacancy occurs in the membership of the Disciplinary Panel Fillingof

such vacancy shall be filled by the appointment of another member so vacancies

however that such appointment shall be made in the same manner and fromthe same category of persons as would be required in the case of the originalappointment

9 - ( l ) No proceedings shall be brought or instituted before any court or htection

tribunal personally against any member of the Disciplinary Panel in respect ofmembers

of any act done bo na jide in pursuance or execution or intended execution ofthis Act

(2) Where any member is exempt from liability by reason only ofthe provisions of this paragraph the Disciplinary Panel shall be liable to theextent that it would be if that member were an employee or agent of theDisciplinary Panel

10 The names of all members of the Disciplinary Panel sas first Gazettingof

constituted and every change therein shall be published in the Gazette membership

THIfttl SCHEDULE (Section 22)

Constitutionof the Jamaica Anti-Doping Appeals Tribunal

1 The Appeals Tribunal shall consist of sir person- ConstitutionofAppeals

(a) a chairman and vice-chairman k i n g both persons who have Panel

served as either a Judge of the Court of Appeal or of the SupremeCourt

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ANTILDOPING IiV SPORT

(b) persons who have served in-

Actingwepombmnts

Revocationof

appointment

Remunetation

Resignation

Filling ofvacancies

(i) the post of a Director of Public Prosecutions or a senior

member of staff of the Office of the Director of PublicProsecutions

(ii) sports administration for at least ten years

(iii) sports medicine for at least ten years

2 The members of the Appeals Tribunal shall be appointed by theMinister by instrument in writing and shall subject to the provisions of thisSchedule hold office for a period of three years

3 Every member shall be eligible for re-appointment

4 If any member of the Appeals Tniunal is absent or unable to performhis duties the Minister may appoint any person to act in the place of thatmember so however that such appointment shall be made in the samemanner and h m mong the same category of persons as would be requiredin the case of a substantive appointment

5 The Minister may at any time revoke the appointment of any memberof theCommission if such member-

(a) becomes of unsound mind or becomes pe-rmanently unable toperform his functions by w o n of i l l health

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

(c) fails without reasonable excuse to cany out any of the functionsconferred or imposed on him under this Act or

(4 ngages in such activities as are reasonably considered prejudicialto the interest of the Commission

6 There shall be paid to the members of the Appeals Tribunal suchremuneration (whether by way of honorarium salary fees or allowances) asthe Minister may determine

7-41) Any member other than the chairman may at any time resign hisoffice by instrument in writing addressed to the Minister and transmittedthrough the chairman and from the date of receipt by the Minister of suchinstrument that person shall cease to be a member

(2) The chairman may at any time resign his oflice by instrument inwriting addressed to the Minister and such resignation shall take effect asfrom the date of receipt by the Minister of that instrument

8 If any vacancy occurs in the membership of the Appeals Tribunal suchvacancy shall be filled by the appointment of another member so however

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ANTI-DOPING IN SPORT

that such appointment shall be made in the same manner and h m he samecategory of persons as would be required in the case of the original

appointment9+1) No proceedings shall be brought or instituted before any court Rotection

or tribunal personally against any member of the Appeals Tribunal in respect of members

of any act done bonafide in pursuance or execution or intended execution ofthis Act

(2) Where any member is exempt from liability by reason only of theprovisions of this paragraph the Appeals Tribunal shall be liable to theextent that it would be if that member were an employee or agent of the

Appeals Tribunal10 The names of all members of the Appeals Tribunal as first constituted Gazatingof

and every change therein shall be published in the Gmette Membenhip

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ANTI-DOPING nsJ SPORT

(c) planning implementing and monitoring informationand education progammes aimed at educating

athletes athlete support personnel parents the mediaand the general public in Jamaica about doping insport matters such as-

(i) the health consequences of doping

(ii) the harm of doping to the ethical values ofsport

(iii) prohibited substances and prohibited methods

(iv) therapeutic use exemptions

(v) nutritional supplements

(vi) doping control procedures and resultsmanagement

(vii) the athletes rights and responsibilities inregard to doping in sport and the con-sequences of committing an Anti-DopingRules violation

(4 establishing a register for the Registered Testing Poolof national-level and international-level Jamaicaathletes who are citizens or residents of and noting

such athletes and relevant national sporting oiganiz-ations of entries made in the register

(e) directing the anti-doping programme of the Govew-ment specific to sports including conducting testing ofathletes planning coordinating and implementing thecollection of samples the management of test resultsand conducting hearings in keeping with the man-

datory international standards set out in the Code

ugt testing any athlete whether or not he is a citizen orresident of Jamaica-

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MI-DOPIMG IM SPORT

(g) notifjhg test results to athletes a d as the case maybe g o v m e m t s of countries other than Jamaica anti-

doping organizations of other countries or othersignatodes to the Code in accordance with bilateral ormdpilrateaca9 agreements entered into by Jamaica withsuch governments organizations or signatories

(h) entering into reciprocd testing agreements withN a t i o d Anti-Doping Organizations outside Jamaicain relation to any athlete

(0 encouraging and facilitating the negotiation by anys-porting organization and Anti-Doping Organization of

my agreement permitting their members to be testedby authorized doping control teams h r n othercom~a

63 mpmtiarg with the testing and education initiativesof WW A and other antidoping organizations

(k) supporting encouraging conducting and promotingresearch stbout doping in sport matters that contributesto the development and implementation of eficientantidoping programmes

(I) consulting with advising and assisting-

(i) G o v e m e n t departments and agencies local

authorities the Jamaica Olympic Associa-tion national sporting organizations andother bodies or persons on any mattersconcerned with doping in sport issues andrelated matters

(ii) foreign government and non-governmentalorganizations and other persons outside ofJamaica for the purpose of promoting theadoption of uniform international testingprocedures for doping in sport

(m) publishing and making available the Prohibited Listand any revision thereof to athletes and as such all

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ANTI-DOPING IN SPORT

athletes shall be deemed to accept the Prohibited Listand any amendments thereto as binding upon

them

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

(0 ) performing any other h c t i o n s relating to doping insport that are conferred on the Commission by this orany other enactment and

07) generally taking all steps necessary or desirable to

achieve the purposes of this Act(2) In the performance of its functions the Com-

mission-

(a) shall establish for its use and for the use of itscommittees procedures that are appropriate and fair inthe circumstances

(b) shall develop appropriate procedures t+

(i) reflect the needs of athletes who are underthe age of eighteen years and

(ii) reflect the culture and any disabilities orother special concerns of athletes and

(iii) protect each athletes right to privacy

(c ) may impose fees or charges for the provision of

information advice or other services requested of theCommission (other than for information requested byan athlete relating to the athlete)

(3) The powers of the Commission may be exercised ina state other than Jamaica in relation to athletes who are citizensof Jamaica subject to the approval of the relevant foreign stateor relevant national sporting organization of such state

7 4 1 ) The Minister may after consultation with the Chair- Ministarnaygive direc-

man of the Commission give to the Commission directions in tions to

writing of a general character as to the policy to be followed by COmrnissi

the Commission in the performance of its functions as appear to

JThe inclusion of this page ip authorized by LK 123ROlll

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ANTI-DOPING IN SPORT

the Minister to be necessary in the public interest and theCommission shall give effect thereto

(2) Directions given under subsection (1) shall not relateto-

(a) a particular athlete or particular athlete supportpersonnel or

(b) doping control

(3) The Commission shall comely with any directionsgiven under subsection (1)

powerco $--(I) The Commission may with the written approval ofM-the Minister delegate any of its functions under this Act (otherthan the power of delegation) to any member officer or agent ofthe Commission

(2) A delegation under subsection (1) i s ~ v o c a b l ey the

Commission in d the delegation of a function shall not precludethe performance of the delegated function by the Commission

P m 11 Anti-Doping Rules

9 The Commission may with the approval of the Ministermaymake~ l e s make d e s (in this Act referred to as the Anti-Doping Rules)

generally for controlling the occurrence of doping in sports and

for carrying out the objects of this Act and without limitingthe generality of the foregoing such d e s may provide for-

(a) initiating implementing or enforcing any part of thedoping control process

(b) analysis of samples

(c) athlete whereabouts information

(4 consequences of Anti-Doping Rules violation

(e) assessment of costs for disciplinary hearings

results management

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ANTI-DOPING IN SPORT 19

10--(I) Except in any case where an athlete holds a ~nti- oping

Therapeutic Use Exemption Certificate and is in compliance

with the terms of such Therapeutic Use Exemption Certificatethe athlete shall be liable for the presence of any prohibitedsubstance or its metabolites or markers found in his body

(2) Subject to the exception mentioned in subsection(I) a reference in this Act to an Anti-Doping Rules violationshall mean any one of the following-

(a) the presence of a prohibited substance or its meta-bolites or markers in an athletes specimen

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

(c ) refusing or failing without compelling justification tosubmit sample collection after notification asauthorized in applicable Anti-Doping rules or

otherwise evading sample collection(4 violation of applicable requirements regarding athlete

availability for out-of-competition testing includingfailure to provide required whereabouts informationand missed tests which are declared based onreasonable rules which comply with the InternationalStandard for testing

(e) tampering or attempting to tamper with any part ofdoping control

V) possession of prohibited substances or prohibitedmethods

(g) trafficking in any prohibited substance or prohibitedmethod

(h) administration or attempted administration of aprohibited substance or prohibited method to anyathlete or assisting encouraging aiding abettingcovering up or any type of complicity involving anAnti-Doping Rules violation or any attemptedviolation

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ANTI-DOPING lA SPORT

Therapeutic Use Exemption

Therapeutic

use81-41) An athlete with a medical condition requiring the

Exemption use of a Prohibited Substance or Prohibited Method shall firstCmihk obtain a Therapeutic Use Exemption Certificate in accordance

with the provisions of this Act the Anti-Doping Rules and theInternational Standard for Therapeutic Use Exemption fromJADCO TUEC or as the case may require the internationalsporting federation under whose control the athletecompetes

(2) Notwithstanding the provisions of subsection (I) aninternational-level athlete or athlete who participates ininternational events shall apply to the international sportingfederation concerned for the Therapeutic Use ExemptionCertificate except in emergency situations no later than twenty-one days before the athletes participation in an internationalsporting event or otherwise provided for in the Anti-Doping

rules of that international sporting federation and provide toJADCO TUEC a copy of such aun application prior to theinternational event

(3) The application for a Therapeutic Use ExemptionCertificate ampom an athlete shall--

(a) be made immediately after the athlete becomes awarethat the use of a Prohibited Substance or Prohibited

Method is required and

(b) subject to any circumstance of emergency be obtainedprior to the athletes participation in any competitionor event

(4) Where an athlete who is subject to testing and hasbeen granted a Therapeutic Use Exemption Certificate by aninternational sporting federation the athlete shall immediately

report the granting of the Therapeutic Use Exemption Certificateto WADA JADCO TUEC and to the relevant national sportingorganization and shall provide to JADCO TUEC all the relevantif in n a ti o n and documentation

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ANTI-DOPING IN SPORT

(5)Every national level athlete and athleteparticipating in national events shall obtain a Therapeutic Use

Exemption Certificate fiom the SAIDCO TUEC unless such anathlete has previously received a Therapeutic Use ExemptionCertificate fiom can international sporting federation md suchTherapeutic Use Exemption Certificate is still vdid and thegrant of which has been previously reported to the JADCOTUEC and the Commission

1241) An application for a Therapeutic Use Exemption Application

Certificate to the JAIDCO TUEC shall be made in accordance Ezmwwith the International Standard for Therapeutic Use Exemption withinternational

(2) The athlete on whose behalf the application has

been made shdl provide written consent for the transmissionof-

(a) d l information pertaining to the application to theSADCO WEC and as required other independent

medical or scientific experts and to all necessary staffinvolved in the management or review of TherapeuticUse Exemptions

(b) the decision of SAC0 TUEC to be distributed toWAIDA and to other relevant Anti-Doping Orghzza-tions under the provisions of the Code

1341) The Coxnmission shall appoint a Committee to bew i n - 8

of aheknown as he J m d c a Anti-Doping Therapeutic Use Exemption -Committee (in this Act known as JADCO PPJIEC)consisting aherapeuaic

of six duly qualified medical practitioners Use

Exemlptiowcommittee

(2) The appointment of every member of the JADCOTUEC shall be evidenced by an instrument in writing whichshall state the period of o fi ce of the member not e x d i n gthree y e m as the Commission may specify in the instrument

and each member shall be eligible for re-appointment

(3) The Commission shall appoint one of the membersof the JADCO TUEC to be the Chairperson thereof

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ANTI-DOPING IN SPORT

Fampons

of JADCOTUEC

NotificationofTherapeuticUseExemption

WADA mayreview andrevmeTUECertificate

(4) The JADCO TUEC sh dl act independently of theCommission and shall not have any other official responsibility

within the Commission(5) Where any member of the JADCO FUEC is

connected with an athlete (having regkd to their familialbusiness or other relationship) or has an interest in any nationalsporting organization or international sporting federation such amember is excluded fiom considering any application forTherapeutic Use Exemption fiom that athlete or as the case maybe any athlete who is a member or participant in a sporiing eventorganized or sanctioned by the international sporting federationor national sporting organization in which he has an interest

14 The hcc tions of the JADCO TUEC shall be to-

(a) receive and exmine applications from national-levelathletes for Therapeutic Use Exemption Certificates

(6) g m t Therapeutic Use Exemption Certificates

(c) revoke Therapeutic Use Exemption Certificates

(4 perform any other fipnctions that are conferred orimposed on it by this Act

15--(I) The JADCO TUEC shall promptly notify theCommission of its decision to grant a Therapeutic UseExemption Certificate

(2) The Commission upon being notified by JADCOTUEC of the grant of a Therapeutic Use Exemption Certificateshall notify WADA thereof

16 Where the JADCO TUEC has made a decision to grantor deny the grant of a Therapeutic Use Exemption Certificate toan athlete WADA at the request of the athlete or on its own initiative may review the p t r denial of the Therapeutic UseExemption Certificate and where WADA determines that the

granting or denial of such Therapeutic Use ExemptionCertificate did not comply with the International Standard forTherapeutic Use Exemption in force at the time then WADAmay reverse the decision to grant or deny the Therapeutic Use

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ANTI-DOPING IN SPORT

Exemption Certificate

17 Tlhe C O ~ I ~ S S ~ O ~hall tecognk the results of laboratory Recognition

d y s i s by other anti-doping organizations once conducted in 0 2 f t ~ faccordance with the WADA International Standard for Dopin

Testing o l g a n d ~ n ~

PART W isciplinary Panel Appeals

18 There is established for the purposes of this Act a M y listm mat

to be d l e d the Jamaica Anti-Doping Disciplinary Panel and theprovisions of the Second Schedule shall have effect as to the hti- oping

constitution and pmcedw of the Disciplinary Panel and Fzhqotherwise in relation thereto second

Schedule

19 Where it appears that there has been an Anti-Doping CommissionI 0der

Rules violation the Commission shall refa the matter to theDisciplinary Panel hearing

20--41) The functions of the Disciplinary Panel shall be Functi0mof

to- the Anti-Doping~ i amp i amp n q

( a ) receive examine and hear evidence relating to an -I

Anti-Doping R des violation

(8) conduct disciplinary hearings related to Anti-DopingRules violations referred to it by the Commission

( c ) determine whether a violation of the Anti-DopingRules has occurred

(4mpose consequences of Anti-Doping Rules yiola-tions

( e ) perfom any other functions that are conferred orimposed on the Disciplinary Panel by this Act

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ANT-DOPINGIN SPORT

EstablishmentofJamaicaAnti-DopingAppealsTribunalThirdSchedule

(2) The Disciplinary Panel shdl consequent onreceiving a written reference h m he Commission asserting an

Anti-Doping rules violation-

(a) within fourteen days of the date of receipt of thereference commence a hearing

(b) within twenty days of the date of receipt of thereference issue a written decision

(c ) within thirty days of the date of receipt of the

reference issue written reasons for the decision givenin paragraph (b)

2 1 4 1 ) Subject to section 23 where-

(a) any athlete or other person who is the subject of thedecision being ap p d e d

(b) the C om iss io n

(c ) the relevant international sporting federation

(8 ) relevant nationd sporting organization

(e) the Jamaica Olympic Association

WADA

is aggrieved by a decision of the Disciplinary Panel that personor body may witkin fourteen days of the decision of theDisciplinary Panel and in the prescribed m m e r lodge magpeal with the Appeds Tribunal established under section 22against any decision of the Disciplinary Panel

(2) Every decision of the Disciplinary Pm el in respectof a Anti-Doping Rules violation shdl remain in effect duringthe appeal process unless the Appeal Tribunal otherwiseorders

2 2 4 1 ) For the purposes of an appeal under section 21there is hereby established an Appeds Tribunal to be calledthe Jamaica Anti-Doping Appeals Tribunal constituted inaccordance with the Third Schedule

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ANTI-DOPIAG IN SPORT

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

(a) PO hear and determine issues arising fiom a decision ofthe Disciplinary Panel-

(i) that an Anti-Doping Rules violation wascommitted

(ii) imposing consequences of an Anti- DopingRules violation

(iii) ohat ara Anti-Doping Rules violation was not

committed(iv) that an anti-doping orgmimtion lacks

jurisdiction to rule on an Anti-Doping Rulesviolation or consequences of rn Anti-DopingRules violation

(v) to impose a provisional suspension as a result

of a paovisiond hearing

(b ) to determine the consequences of an Anti-DopingR d es violation to to mposed

(c) to perform any other hctions hat me c o n f e d orimposed on the Appeals T r i b d by virtue of this Act

(3) The Appeds T r i b d shdl consequent on thelodging of an appeal under subsection (1)-

(a) within twenty-one days of lodging receive h a mdex m in e the evidence relating to the ap

(b) within thirty days of the date of lodging issue ao

written decision

(c) within sixty days of the date of l dgin g issue writtenreasons for the decision

(4) kra appeal shdl not in its entirety exceed three

months except in extenuating c k w n a m c e s

23 M e r e an appeal is in respect of an i n t e m ~ o dvent ~ S O F

iclkrdonellor a m e nvolving an nternational-level athlete the decision of amp

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ANTI-DOPING IN SPORT

the Disciplinary Panel may k appealed directly to the Court ofArbitration

Apr of 24-41) Any decision by WADA reversing the grant of aTherapeutic Use Exemption Certificate or as the case be the

d refusal to grant may be appealed directly by the athlete or theUw

~xwptimCommission to the Court of Arbitration

M B e (2) Where an international-level athlete has made an

application for a Therapeutic Use Exemption Certificate andthe international sporting federation has reksed to grarnt

such Therapeutic Use Exemption Certificate the athlete mayappeal exclusively to the Court of Arbitration in respect ofthe refusal to grant the Therapeutic Use ExemptionCertificate

(3) Where the JADCO TUEC has refused to grant aTherapeutic Use Exemption Certificate to a national-levelathlete the athlete may make an appeal to the Appeals Tribunal

(4) Where the Appeals Tribunal reverses the decision ofthe JADCO TklEC to grant a Therapeutic Use ExemptionCertificate WADA may appeal to the Court of Arbitration

Miscellaneous

canmtaity 25-41) Every-

(a ) member of the Commission(b) officer m d employee of the Com is si on

(c) expert retained by the Commission to m i s t in itsinvestigations and delikrations

(4 ember of the Appeals Tribunal

(e ) member of the JADCO TUEC

V) member of the Disciplinary Panel

shall keep secret and confidential all information coming to hisknowledge in the course of the administration of this Act exceptin so far as the Commission authorizes that pason to releasethat information

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ANTI-DOPING IN SPORT

(2) Any person who contravenes subsection (1) shd lbe guilty of an offence and s M l be liable on smw

conviction in a Resident Magistrates Court to a fine notexceeding one million dollars

26-41) The Minister may make regulations generally for awlations

giving effect to the provisions of this Act and without prejudiceto the generality of the foregoing the regulations may pmvidefor-

(a) the determination and collection of fees m d charges in

connection with the exercise of the Ruactions of theCommission

(b) the keeping of such records as the Minister may

require for the pwposes of this Act

(c) the forms to be used for the ppsrposes of this Act and

(4 mything required by this Act to be prescribed

(2) Regulations made under subsection (1) may pmvidefor the imposition of a penalty on summary conviction in a

Resident Magistrates Cowt of a fine not ex ce din g one milliondollars or a term of imprisonment not e x d i n g six months orboth such fine and imprisonment

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ART-DOBlNG lN SPORT

Constitution and Procedure of the Jamaica Anti-Doping Commission

1 The Commission shall consist of the following mem krs-

(a) not less than nine md not more than thirteen persons who theMinister is satisfied am of high integrity and able to exercise soundjudgment in faz8filling their responsibilities under this Act

(heminafter r e f e d to asappointed memkmsn)

(b) the Executive Director of the Commission and the PemmentSempary or his nominee (heminailer r e f e d to as ex-officiomembers)

2 The appointed members of the Commission shall be appointed by theMinister by instrument in writing and shall subject to the provisions of thisSchedule hold office for a pmisd of three years

3 Every appointed member shall be eligible for re-appointment

4 4 1 ) The Minister shdl appoint a chairman and a deputy chairman fromamong the appointed members

(2) ln the case of absence or inability to act of the chaiman thedeputy chairman shall perform the functions of the chaiman

(3) In the case of absence or inability to act of both the chairman and

deputy chairman the Minister may appoint any other member to perform thefunctions of the chairman or as he case may be the deputy chairman duringsuch absence or incapacity

5 If any member is absent or unable to pedorm his duties due to absenceor illness the Minister may appoint any person to act in the place of that

member so however that such appointment shall be made in the m emanner and fiom among the same category of p o n s as would be requiredin the case of a substantive appointment

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

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

(6) is convicted and sentenced to a tenn of imprisonment

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

(4 ngages in such activities as are reasonably consided prejudicialto the interest of the Commission

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M I- D O P IN G IN SPORT 29

7 Thew shall be paid to the members of the Commission such ~mlanaretfol~

remuneration (whether by way of honowriurn salary fees or allowances) as of^^

the Minister with responsibility for the public service may determine

8 Fiye members of the Commission shall form a quorum at any m m

meeting

9 - 4 1 ) An appointed member other than the chahan may at any time Resignation

resign his office by instrument in writing addressed to the Minister and

transmitted through the chairman and fiom the date of receipt by the Minister

of such instrument that person shall cease to be a member

(2) The chairman may at any time resign his office by instrument

in writing addressed to the Minister and such resignation shallrtake eflst

as from the date of receipt by the Minister of that insitmment

10 If any vacancy occurs in the membership of the Commission Fillingof

such vacancy shall be filled by the appointment of another member vrmcmcics

B 1 4 1) No p w i n g s shall be brought or instituted before any co w or meah

tribunal personally against any member of the Commission in respect of my of ~~~act done bonaflde in pursuance or execution or intended execution of this

A n

(2) Where any member is exempt from liability by reason only ofthe provisions of this paragraph the Commission shall be liable to the extent

that it would be if that member were an employee or agent of the

Commission

I f The names of all members of the Commissionas first constimed and Gazetting of

every change therein shall be published in the Gazette ~ h h i p

Administrbrion and Fdnance

1341) The Commission shall appoint and employ at such remuneration ampin-8

and on such terms and conditions as it thinks fit an Executive Director a zySecretary and such other officers employees and agents as it considers mflom

necessary for q e proper carrying out of its functions

(2) Notwithstanding sub-paragraph (1)-

(a) a salary in excess of the prescribed rate shall not be assigned to

any post without the prior approval of the Minister and

(b) an appointment shall not be made to any post to which a salary in

excess of the prescribed rate is assigned without the prior approval

of the Minister

(3) In this section prescribed me means such rate as thk

Minister with responsibility for the public service may by order prescribe

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38 M-DOPING N SPORT

W i 14 The Commission may with the written appmval of the Minister-gmwitksmd

~iharuirimg (a) enter into ammgements respecting schemes whether by way of

bencri insurance policies of otherwise or(6) make regulations

for medical h e f i 4 pensions gratuities and other retiring benefits ordisability or death benefits relating to employees of the Commission andsuch arrangements or regulations may include provisions for the g m t ofbenefits to the dependants and the legal personal representatives of suchemployees

Fundo lad 1 5 4 1) The dunds and resources of the Commission shall consist of-fsaufca ofC g m n i h (a) such funds as may be provided by Parliament for the Commission

in the annual Estimates of Revenue and Expenditum

(b) revenues ampom fees and charges impsed by the Commission form y -ices p d d d by it or the use of any facility

(c) s ~ c h m s as may beallocated b m time to time to theCommission b m esearch or education gmts or fiwm loan fundsand

(d)all o t h a m s r property which may in any manner becomepayable to or vested in the Commission in respect of any matterincidental to its functions

(2) The expenses of the Commission including the remunerationof members md employees shall be paid out of the funds of theCommission

~BDPKCDLO 16 All moneys s f the Commission not q u i r e d to be expended fork v a the purpose of meeting any of the obligations or discharging any of them finctions of the Commission may be invested in such securities as the

Commission may afier consultation with the Minister responsible forfinance consider appropriate and the Commission may sell all or any of suchsecurities

d 17---(I) The Commission shall keep proper accounts and other records inmlation to its business and shall prepare mually in msgect of each financialyear a statement of accounts in a form satisfactory to the Minister beinga form which eon foms with established accounting principles

(2) The accounts of the Commission shall be audited annually by anauditor or auditors appointed by the Commission and approved by theMinis-

(3) The members ofticers and employees ofthe Commission shall-

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ANTI-DOPING IN SPORT 3 1

(a) grant to the auditor appointed under sub-paragraph (2) accessto all books documents cash and securities of the Commissionand

(b) give to the auditor on request all such information as may be

within their knowledge in relation to the Commissions operations

(4) The auditors fees and any expenses of the audit shall be paid bythe Commission

(5) The Auditor-General shall be entitled at all reasonable times toexamine the accounts and other records in relation to the business of theCommission

l8-(l) The Commission shall within six months afterthe end of each A n n d

financial year or within such longer priod as the Minister may in spcialcircumstances allow cause to be made and transmit to the Minister a regort edi-

dealing generally with the activities of the Commission during the precedingyear including-

(a) a statement of its accounts audited in accordance with paragraph 17

(b) a statement of the outcomes and findings of its annual testing

programme including satis tical information on-(i) the provision of samples by athletes

(ii) the testing of samples so provided and

(iii) the extent of the participation of ~ a ti o na l sportingorganizations in testing programmes operated or suppofldby the Commission

(c) the results of Anti-Doping research undertaken by or supported bythe Commission

(4 summary of the education and public information programmesundertaken by or supported by the Commission and

(e) particulars of the extent to which the Commission has compllidwith and achieved the objectives of any sb-ategic plan and theoperational plan in force during the financial year to which theregort relates

(2) The Minister shall cause copies of the report together with the

a n n u l statement of accounts and the auditors report thereon to belaid on theTable of the House of Representatives and of the Senate

(3) The Commission shall before a date specified by the Minisampsubmit to the Minister for his approval estimates of revenue and expenditurefor the ensuing year

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32 ANTI-DOFING IN SPORT

Exemption 1 The income of the Commission shall be exempt fiom incomefminsome

tax

SECOND CHEDULE (Seaion 18)

Constirution of h e Jamaica Awi-Dop ing Disciplinary Panel

Cm d t u t h 141) The Disciplinary Panel shall consist of not more than nineOf Discipi- persons appointed as fol~ows-nsr)Pawl

(a) m chairman and two vice chairmen each of whom shall be legal

practitioners of not less than 18 years of experience

(b) three persons each of whom has been duly qualified medical

practitioners for not less than five years

(el three additioilal members each of whom shall be or has previously

been a spaas administrator or an athlete

(2) The chairman or in his absence the vice chairman shall

appoint three members frsm the panel to hear and determine each case

(3) Every hearing shall comprise of the chairman or a vice chairman

as chairman of the hearing panel one medical pmctitioner member and one- sp rt s dminismtosor athlete member

Tenurecf 2 The members shall be a~pointedby the Minister by instrument inofiw w-riting md shall subject to the provisions of this Schedule hold ofice for a

period of three years

lp 3 Every member shall be eligible for re-a~pointment

qipkmlm

~c t i ng 4 If my member is absent or unable to act the Minister may appoint anyWiatmesrtscerson to act in the glace of that member so however that such appointment

shdl be made in the same manner and frsm among the same category of

persons as would be required in h e case of a substantive appointment

Ip-b 5 The Minister may at any time revoke the appointment of any member

of the Disciplil~~~jymel if such member-8mm

(a) becomes ~f unsound mind or becomes pemanently unable to

p f o m his frsnctions by reason of i l l health

(b) is wnvicted and sentencedto a term of imprisonment

(6 ) hils withotit peasonable excuse to carny out any of the functions

m L d r ionposed on him under this Act or

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ANTI-DOPING IN SPORT 33

( 8 ) engages in such activities as are reasonably considered prejudicialto the interest of the Commission

16 There shall be paid to the members of the Disciplinary Panel such Remuneration

remuneration (whether by way of honorarium salary fees or allowances) as ofmembersthe Minister may determine

7 - (1 ) Any member other than the chairman may at any time resign Resignation

his office by instrument in writing addressed to the Minister and transmittedthrough the chairman and from the date of receipt by the Minister of suchinstrument that person shall cease to be a member

(2) The chairman may at any time resign his office by instrument

in writing addressed to the Minister and such resignation shall take effect asfrom the date of receipt by the Minister of that instrument

8 If any vacancy occurs in the membership of the Disciplinary Panel Fillingof

such vacancy shall be filled by the appointment of another member so vacancies

however that such appointment shall be made in the same manner and fromthe same category of persons as would be required in the case of the originalappointment

9 - ( l ) No proceedings shall be brought or instituted before any court or htection

tribunal personally against any member of the Disciplinary Panel in respect ofmembers

of any act done bo na jide in pursuance or execution or intended execution ofthis Act

(2) Where any member is exempt from liability by reason only ofthe provisions of this paragraph the Disciplinary Panel shall be liable to theextent that it would be if that member were an employee or agent of theDisciplinary Panel

10 The names of all members of the Disciplinary Panel sas first Gazettingof

constituted and every change therein shall be published in the Gazette membership

THIfttl SCHEDULE (Section 22)

Constitutionof the Jamaica Anti-Doping Appeals Tribunal

1 The Appeals Tribunal shall consist of sir person- ConstitutionofAppeals

(a) a chairman and vice-chairman k i n g both persons who have Panel

served as either a Judge of the Court of Appeal or of the SupremeCourt

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ANTILDOPING IiV SPORT

(b) persons who have served in-

Actingwepombmnts

Revocationof

appointment

Remunetation

Resignation

Filling ofvacancies

(i) the post of a Director of Public Prosecutions or a senior

member of staff of the Office of the Director of PublicProsecutions

(ii) sports administration for at least ten years

(iii) sports medicine for at least ten years

2 The members of the Appeals Tribunal shall be appointed by theMinister by instrument in writing and shall subject to the provisions of thisSchedule hold office for a period of three years

3 Every member shall be eligible for re-appointment

4 If any member of the Appeals Tniunal is absent or unable to performhis duties the Minister may appoint any person to act in the place of thatmember so however that such appointment shall be made in the samemanner and h m mong the same category of persons as would be requiredin the case of a substantive appointment

5 The Minister may at any time revoke the appointment of any memberof theCommission if such member-

(a) becomes of unsound mind or becomes pe-rmanently unable toperform his functions by w o n of i l l health

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

(c) fails without reasonable excuse to cany out any of the functionsconferred or imposed on him under this Act or

(4 ngages in such activities as are reasonably considered prejudicialto the interest of the Commission

6 There shall be paid to the members of the Appeals Tribunal suchremuneration (whether by way of honorarium salary fees or allowances) asthe Minister may determine

7-41) Any member other than the chairman may at any time resign hisoffice by instrument in writing addressed to the Minister and transmittedthrough the chairman and from the date of receipt by the Minister of suchinstrument that person shall cease to be a member

(2) The chairman may at any time resign his oflice by instrument inwriting addressed to the Minister and such resignation shall take effect asfrom the date of receipt by the Minister of that instrument

8 If any vacancy occurs in the membership of the Appeals Tribunal suchvacancy shall be filled by the appointment of another member so however

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ANTI-DOPING IN SPORT

that such appointment shall be made in the same manner and h m he samecategory of persons as would be required in the case of the original

appointment9+1) No proceedings shall be brought or instituted before any court Rotection

or tribunal personally against any member of the Appeals Tribunal in respect of members

of any act done bonafide in pursuance or execution or intended execution ofthis Act

(2) Where any member is exempt from liability by reason only of theprovisions of this paragraph the Appeals Tribunal shall be liable to theextent that it would be if that member were an employee or agent of the

Appeals Tribunal10 The names of all members of the Appeals Tribunal as first constituted Gazatingof

and every change therein shall be published in the Gmette Membenhip

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MI-DOPIMG IM SPORT

(g) notifjhg test results to athletes a d as the case maybe g o v m e m t s of countries other than Jamaica anti-

doping organizations of other countries or othersignatodes to the Code in accordance with bilateral ormdpilrateaca9 agreements entered into by Jamaica withsuch governments organizations or signatories

(h) entering into reciprocd testing agreements withN a t i o d Anti-Doping Organizations outside Jamaicain relation to any athlete

(0 encouraging and facilitating the negotiation by anys-porting organization and Anti-Doping Organization of

my agreement permitting their members to be testedby authorized doping control teams h r n othercom~a

63 mpmtiarg with the testing and education initiativesof WW A and other antidoping organizations

(k) supporting encouraging conducting and promotingresearch stbout doping in sport matters that contributesto the development and implementation of eficientantidoping programmes

(I) consulting with advising and assisting-

(i) G o v e m e n t departments and agencies local

authorities the Jamaica Olympic Associa-tion national sporting organizations andother bodies or persons on any mattersconcerned with doping in sport issues andrelated matters

(ii) foreign government and non-governmentalorganizations and other persons outside ofJamaica for the purpose of promoting theadoption of uniform international testingprocedures for doping in sport

(m) publishing and making available the Prohibited Listand any revision thereof to athletes and as such all

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ANTI-DOPING IN SPORT

athletes shall be deemed to accept the Prohibited Listand any amendments thereto as binding upon

them

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

(0 ) performing any other h c t i o n s relating to doping insport that are conferred on the Commission by this orany other enactment and

07) generally taking all steps necessary or desirable to

achieve the purposes of this Act(2) In the performance of its functions the Com-

mission-

(a) shall establish for its use and for the use of itscommittees procedures that are appropriate and fair inthe circumstances

(b) shall develop appropriate procedures t+

(i) reflect the needs of athletes who are underthe age of eighteen years and

(ii) reflect the culture and any disabilities orother special concerns of athletes and

(iii) protect each athletes right to privacy

(c ) may impose fees or charges for the provision of

information advice or other services requested of theCommission (other than for information requested byan athlete relating to the athlete)

(3) The powers of the Commission may be exercised ina state other than Jamaica in relation to athletes who are citizensof Jamaica subject to the approval of the relevant foreign stateor relevant national sporting organization of such state

7 4 1 ) The Minister may after consultation with the Chair- Ministarnaygive direc-

man of the Commission give to the Commission directions in tions to

writing of a general character as to the policy to be followed by COmrnissi

the Commission in the performance of its functions as appear to

JThe inclusion of this page ip authorized by LK 123ROlll

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ANTI-DOPING IN SPORT

the Minister to be necessary in the public interest and theCommission shall give effect thereto

(2) Directions given under subsection (1) shall not relateto-

(a) a particular athlete or particular athlete supportpersonnel or

(b) doping control

(3) The Commission shall comely with any directionsgiven under subsection (1)

powerco $--(I) The Commission may with the written approval ofM-the Minister delegate any of its functions under this Act (otherthan the power of delegation) to any member officer or agent ofthe Commission

(2) A delegation under subsection (1) i s ~ v o c a b l ey the

Commission in d the delegation of a function shall not precludethe performance of the delegated function by the Commission

P m 11 Anti-Doping Rules

9 The Commission may with the approval of the Ministermaymake~ l e s make d e s (in this Act referred to as the Anti-Doping Rules)

generally for controlling the occurrence of doping in sports and

for carrying out the objects of this Act and without limitingthe generality of the foregoing such d e s may provide for-

(a) initiating implementing or enforcing any part of thedoping control process

(b) analysis of samples

(c) athlete whereabouts information

(4 consequences of Anti-Doping Rules violation

(e) assessment of costs for disciplinary hearings

results management

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ANTI-DOPING IN SPORT 19

10--(I) Except in any case where an athlete holds a ~nti- oping

Therapeutic Use Exemption Certificate and is in compliance

with the terms of such Therapeutic Use Exemption Certificatethe athlete shall be liable for the presence of any prohibitedsubstance or its metabolites or markers found in his body

(2) Subject to the exception mentioned in subsection(I) a reference in this Act to an Anti-Doping Rules violationshall mean any one of the following-

(a) the presence of a prohibited substance or its meta-bolites or markers in an athletes specimen

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

(c ) refusing or failing without compelling justification tosubmit sample collection after notification asauthorized in applicable Anti-Doping rules or

otherwise evading sample collection(4 violation of applicable requirements regarding athlete

availability for out-of-competition testing includingfailure to provide required whereabouts informationand missed tests which are declared based onreasonable rules which comply with the InternationalStandard for testing

(e) tampering or attempting to tamper with any part ofdoping control

V) possession of prohibited substances or prohibitedmethods

(g) trafficking in any prohibited substance or prohibitedmethod

(h) administration or attempted administration of aprohibited substance or prohibited method to anyathlete or assisting encouraging aiding abettingcovering up or any type of complicity involving anAnti-Doping Rules violation or any attemptedviolation

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ANTI-DOPING lA SPORT

Therapeutic Use Exemption

Therapeutic

use81-41) An athlete with a medical condition requiring the

Exemption use of a Prohibited Substance or Prohibited Method shall firstCmihk obtain a Therapeutic Use Exemption Certificate in accordance

with the provisions of this Act the Anti-Doping Rules and theInternational Standard for Therapeutic Use Exemption fromJADCO TUEC or as the case may require the internationalsporting federation under whose control the athletecompetes

(2) Notwithstanding the provisions of subsection (I) aninternational-level athlete or athlete who participates ininternational events shall apply to the international sportingfederation concerned for the Therapeutic Use ExemptionCertificate except in emergency situations no later than twenty-one days before the athletes participation in an internationalsporting event or otherwise provided for in the Anti-Doping

rules of that international sporting federation and provide toJADCO TUEC a copy of such aun application prior to theinternational event

(3) The application for a Therapeutic Use ExemptionCertificate ampom an athlete shall--

(a) be made immediately after the athlete becomes awarethat the use of a Prohibited Substance or Prohibited

Method is required and

(b) subject to any circumstance of emergency be obtainedprior to the athletes participation in any competitionor event

(4) Where an athlete who is subject to testing and hasbeen granted a Therapeutic Use Exemption Certificate by aninternational sporting federation the athlete shall immediately

report the granting of the Therapeutic Use Exemption Certificateto WADA JADCO TUEC and to the relevant national sportingorganization and shall provide to JADCO TUEC all the relevantif in n a ti o n and documentation

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ANTI-DOPING IN SPORT

(5)Every national level athlete and athleteparticipating in national events shall obtain a Therapeutic Use

Exemption Certificate fiom the SAIDCO TUEC unless such anathlete has previously received a Therapeutic Use ExemptionCertificate fiom can international sporting federation md suchTherapeutic Use Exemption Certificate is still vdid and thegrant of which has been previously reported to the JADCOTUEC and the Commission

1241) An application for a Therapeutic Use Exemption Application

Certificate to the JAIDCO TUEC shall be made in accordance Ezmwwith the International Standard for Therapeutic Use Exemption withinternational

(2) The athlete on whose behalf the application has

been made shdl provide written consent for the transmissionof-

(a) d l information pertaining to the application to theSADCO WEC and as required other independent

medical or scientific experts and to all necessary staffinvolved in the management or review of TherapeuticUse Exemptions

(b) the decision of SAC0 TUEC to be distributed toWAIDA and to other relevant Anti-Doping Orghzza-tions under the provisions of the Code

1341) The Coxnmission shall appoint a Committee to bew i n - 8

of aheknown as he J m d c a Anti-Doping Therapeutic Use Exemption -Committee (in this Act known as JADCO PPJIEC)consisting aherapeuaic

of six duly qualified medical practitioners Use

Exemlptiowcommittee

(2) The appointment of every member of the JADCOTUEC shall be evidenced by an instrument in writing whichshall state the period of o fi ce of the member not e x d i n gthree y e m as the Commission may specify in the instrument

and each member shall be eligible for re-appointment

(3) The Commission shall appoint one of the membersof the JADCO TUEC to be the Chairperson thereof

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ANTI-DOPING IN SPORT

Fampons

of JADCOTUEC

NotificationofTherapeuticUseExemption

WADA mayreview andrevmeTUECertificate

(4) The JADCO TUEC sh dl act independently of theCommission and shall not have any other official responsibility

within the Commission(5) Where any member of the JADCO FUEC is

connected with an athlete (having regkd to their familialbusiness or other relationship) or has an interest in any nationalsporting organization or international sporting federation such amember is excluded fiom considering any application forTherapeutic Use Exemption fiom that athlete or as the case maybe any athlete who is a member or participant in a sporiing eventorganized or sanctioned by the international sporting federationor national sporting organization in which he has an interest

14 The hcc tions of the JADCO TUEC shall be to-

(a) receive and exmine applications from national-levelathletes for Therapeutic Use Exemption Certificates

(6) g m t Therapeutic Use Exemption Certificates

(c) revoke Therapeutic Use Exemption Certificates

(4 perform any other fipnctions that are conferred orimposed on it by this Act

15--(I) The JADCO TUEC shall promptly notify theCommission of its decision to grant a Therapeutic UseExemption Certificate

(2) The Commission upon being notified by JADCOTUEC of the grant of a Therapeutic Use Exemption Certificateshall notify WADA thereof

16 Where the JADCO TUEC has made a decision to grantor deny the grant of a Therapeutic Use Exemption Certificate toan athlete WADA at the request of the athlete or on its own initiative may review the p t r denial of the Therapeutic UseExemption Certificate and where WADA determines that the

granting or denial of such Therapeutic Use ExemptionCertificate did not comply with the International Standard forTherapeutic Use Exemption in force at the time then WADAmay reverse the decision to grant or deny the Therapeutic Use

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ANTI-DOPING IN SPORT

Exemption Certificate

17 Tlhe C O ~ I ~ S S ~ O ~hall tecognk the results of laboratory Recognition

d y s i s by other anti-doping organizations once conducted in 0 2 f t ~ faccordance with the WADA International Standard for Dopin

Testing o l g a n d ~ n ~

PART W isciplinary Panel Appeals

18 There is established for the purposes of this Act a M y listm mat

to be d l e d the Jamaica Anti-Doping Disciplinary Panel and theprovisions of the Second Schedule shall have effect as to the hti- oping

constitution and pmcedw of the Disciplinary Panel and Fzhqotherwise in relation thereto second

Schedule

19 Where it appears that there has been an Anti-Doping CommissionI 0der

Rules violation the Commission shall refa the matter to theDisciplinary Panel hearing

20--41) The functions of the Disciplinary Panel shall be Functi0mof

to- the Anti-Doping~ i amp i amp n q

( a ) receive examine and hear evidence relating to an -I

Anti-Doping R des violation

(8) conduct disciplinary hearings related to Anti-DopingRules violations referred to it by the Commission

( c ) determine whether a violation of the Anti-DopingRules has occurred

(4mpose consequences of Anti-Doping Rules yiola-tions

( e ) perfom any other functions that are conferred orimposed on the Disciplinary Panel by this Act

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ANT-DOPINGIN SPORT

EstablishmentofJamaicaAnti-DopingAppealsTribunalThirdSchedule

(2) The Disciplinary Panel shdl consequent onreceiving a written reference h m he Commission asserting an

Anti-Doping rules violation-

(a) within fourteen days of the date of receipt of thereference commence a hearing

(b) within twenty days of the date of receipt of thereference issue a written decision

(c ) within thirty days of the date of receipt of the

reference issue written reasons for the decision givenin paragraph (b)

2 1 4 1 ) Subject to section 23 where-

(a) any athlete or other person who is the subject of thedecision being ap p d e d

(b) the C om iss io n

(c ) the relevant international sporting federation

(8 ) relevant nationd sporting organization

(e) the Jamaica Olympic Association

WADA

is aggrieved by a decision of the Disciplinary Panel that personor body may witkin fourteen days of the decision of theDisciplinary Panel and in the prescribed m m e r lodge magpeal with the Appeds Tribunal established under section 22against any decision of the Disciplinary Panel

(2) Every decision of the Disciplinary Pm el in respectof a Anti-Doping Rules violation shdl remain in effect duringthe appeal process unless the Appeal Tribunal otherwiseorders

2 2 4 1 ) For the purposes of an appeal under section 21there is hereby established an Appeds Tribunal to be calledthe Jamaica Anti-Doping Appeals Tribunal constituted inaccordance with the Third Schedule

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ANTI-DOPIAG IN SPORT

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

(a) PO hear and determine issues arising fiom a decision ofthe Disciplinary Panel-

(i) that an Anti-Doping Rules violation wascommitted

(ii) imposing consequences of an Anti- DopingRules violation

(iii) ohat ara Anti-Doping Rules violation was not

committed(iv) that an anti-doping orgmimtion lacks

jurisdiction to rule on an Anti-Doping Rulesviolation or consequences of rn Anti-DopingRules violation

(v) to impose a provisional suspension as a result

of a paovisiond hearing

(b ) to determine the consequences of an Anti-DopingR d es violation to to mposed

(c) to perform any other hctions hat me c o n f e d orimposed on the Appeals T r i b d by virtue of this Act

(3) The Appeds T r i b d shdl consequent on thelodging of an appeal under subsection (1)-

(a) within twenty-one days of lodging receive h a mdex m in e the evidence relating to the ap

(b) within thirty days of the date of lodging issue ao

written decision

(c) within sixty days of the date of l dgin g issue writtenreasons for the decision

(4) kra appeal shdl not in its entirety exceed three

months except in extenuating c k w n a m c e s

23 M e r e an appeal is in respect of an i n t e m ~ o dvent ~ S O F

iclkrdonellor a m e nvolving an nternational-level athlete the decision of amp

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ANTI-DOPING IN SPORT

the Disciplinary Panel may k appealed directly to the Court ofArbitration

Apr of 24-41) Any decision by WADA reversing the grant of aTherapeutic Use Exemption Certificate or as the case be the

d refusal to grant may be appealed directly by the athlete or theUw

~xwptimCommission to the Court of Arbitration

M B e (2) Where an international-level athlete has made an

application for a Therapeutic Use Exemption Certificate andthe international sporting federation has reksed to grarnt

such Therapeutic Use Exemption Certificate the athlete mayappeal exclusively to the Court of Arbitration in respect ofthe refusal to grant the Therapeutic Use ExemptionCertificate

(3) Where the JADCO TUEC has refused to grant aTherapeutic Use Exemption Certificate to a national-levelathlete the athlete may make an appeal to the Appeals Tribunal

(4) Where the Appeals Tribunal reverses the decision ofthe JADCO TklEC to grant a Therapeutic Use ExemptionCertificate WADA may appeal to the Court of Arbitration

Miscellaneous

canmtaity 25-41) Every-

(a ) member of the Commission(b) officer m d employee of the Com is si on

(c) expert retained by the Commission to m i s t in itsinvestigations and delikrations

(4 ember of the Appeals Tribunal

(e ) member of the JADCO TUEC

V) member of the Disciplinary Panel

shall keep secret and confidential all information coming to hisknowledge in the course of the administration of this Act exceptin so far as the Commission authorizes that pason to releasethat information

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ANTI-DOPING IN SPORT

(2) Any person who contravenes subsection (1) shd lbe guilty of an offence and s M l be liable on smw

conviction in a Resident Magistrates Court to a fine notexceeding one million dollars

26-41) The Minister may make regulations generally for awlations

giving effect to the provisions of this Act and without prejudiceto the generality of the foregoing the regulations may pmvidefor-

(a) the determination and collection of fees m d charges in

connection with the exercise of the Ruactions of theCommission

(b) the keeping of such records as the Minister may

require for the pwposes of this Act

(c) the forms to be used for the ppsrposes of this Act and

(4 mything required by this Act to be prescribed

(2) Regulations made under subsection (1) may pmvidefor the imposition of a penalty on summary conviction in a

Resident Magistrates Cowt of a fine not ex ce din g one milliondollars or a term of imprisonment not e x d i n g six months orboth such fine and imprisonment

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Constitution and Procedure of the Jamaica Anti-Doping Commission

1 The Commission shall consist of the following mem krs-

(a) not less than nine md not more than thirteen persons who theMinister is satisfied am of high integrity and able to exercise soundjudgment in faz8filling their responsibilities under this Act

(heminafter r e f e d to asappointed memkmsn)

(b) the Executive Director of the Commission and the PemmentSempary or his nominee (heminailer r e f e d to as ex-officiomembers)

2 The appointed members of the Commission shall be appointed by theMinister by instrument in writing and shall subject to the provisions of thisSchedule hold office for a pmisd of three years

3 Every appointed member shall be eligible for re-appointment

4 4 1 ) The Minister shdl appoint a chairman and a deputy chairman fromamong the appointed members

(2) ln the case of absence or inability to act of the chaiman thedeputy chairman shall perform the functions of the chaiman

(3) In the case of absence or inability to act of both the chairman and

deputy chairman the Minister may appoint any other member to perform thefunctions of the chairman or as he case may be the deputy chairman duringsuch absence or incapacity

5 If any member is absent or unable to pedorm his duties due to absenceor illness the Minister may appoint any person to act in the place of that

member so however that such appointment shall be made in the m emanner and fiom among the same category of p o n s as would be requiredin the case of a substantive appointment

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

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

(6) is convicted and sentenced to a tenn of imprisonment

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

(4 ngages in such activities as are reasonably consided prejudicialto the interest of the Commission

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M I- D O P IN G IN SPORT 29

7 Thew shall be paid to the members of the Commission such ~mlanaretfol~

remuneration (whether by way of honowriurn salary fees or allowances) as of^^

the Minister with responsibility for the public service may determine

8 Fiye members of the Commission shall form a quorum at any m m

meeting

9 - 4 1 ) An appointed member other than the chahan may at any time Resignation

resign his office by instrument in writing addressed to the Minister and

transmitted through the chairman and fiom the date of receipt by the Minister

of such instrument that person shall cease to be a member

(2) The chairman may at any time resign his office by instrument

in writing addressed to the Minister and such resignation shallrtake eflst

as from the date of receipt by the Minister of that insitmment

10 If any vacancy occurs in the membership of the Commission Fillingof

such vacancy shall be filled by the appointment of another member vrmcmcics

B 1 4 1) No p w i n g s shall be brought or instituted before any co w or meah

tribunal personally against any member of the Commission in respect of my of ~~~act done bonaflde in pursuance or execution or intended execution of this

A n

(2) Where any member is exempt from liability by reason only ofthe provisions of this paragraph the Commission shall be liable to the extent

that it would be if that member were an employee or agent of the

Commission

I f The names of all members of the Commissionas first constimed and Gazetting of

every change therein shall be published in the Gazette ~ h h i p

Administrbrion and Fdnance

1341) The Commission shall appoint and employ at such remuneration ampin-8

and on such terms and conditions as it thinks fit an Executive Director a zySecretary and such other officers employees and agents as it considers mflom

necessary for q e proper carrying out of its functions

(2) Notwithstanding sub-paragraph (1)-

(a) a salary in excess of the prescribed rate shall not be assigned to

any post without the prior approval of the Minister and

(b) an appointment shall not be made to any post to which a salary in

excess of the prescribed rate is assigned without the prior approval

of the Minister

(3) In this section prescribed me means such rate as thk

Minister with responsibility for the public service may by order prescribe

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38 M-DOPING N SPORT

W i 14 The Commission may with the written appmval of the Minister-gmwitksmd

~iharuirimg (a) enter into ammgements respecting schemes whether by way of

bencri insurance policies of otherwise or(6) make regulations

for medical h e f i 4 pensions gratuities and other retiring benefits ordisability or death benefits relating to employees of the Commission andsuch arrangements or regulations may include provisions for the g m t ofbenefits to the dependants and the legal personal representatives of suchemployees

Fundo lad 1 5 4 1) The dunds and resources of the Commission shall consist of-fsaufca ofC g m n i h (a) such funds as may be provided by Parliament for the Commission

in the annual Estimates of Revenue and Expenditum

(b) revenues ampom fees and charges impsed by the Commission form y -ices p d d d by it or the use of any facility

(c) s ~ c h m s as may beallocated b m time to time to theCommission b m esearch or education gmts or fiwm loan fundsand

(d)all o t h a m s r property which may in any manner becomepayable to or vested in the Commission in respect of any matterincidental to its functions

(2) The expenses of the Commission including the remunerationof members md employees shall be paid out of the funds of theCommission

~BDPKCDLO 16 All moneys s f the Commission not q u i r e d to be expended fork v a the purpose of meeting any of the obligations or discharging any of them finctions of the Commission may be invested in such securities as the

Commission may afier consultation with the Minister responsible forfinance consider appropriate and the Commission may sell all or any of suchsecurities

d 17---(I) The Commission shall keep proper accounts and other records inmlation to its business and shall prepare mually in msgect of each financialyear a statement of accounts in a form satisfactory to the Minister beinga form which eon foms with established accounting principles

(2) The accounts of the Commission shall be audited annually by anauditor or auditors appointed by the Commission and approved by theMinis-

(3) The members ofticers and employees ofthe Commission shall-

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ANTI-DOPING IN SPORT 3 1

(a) grant to the auditor appointed under sub-paragraph (2) accessto all books documents cash and securities of the Commissionand

(b) give to the auditor on request all such information as may be

within their knowledge in relation to the Commissions operations

(4) The auditors fees and any expenses of the audit shall be paid bythe Commission

(5) The Auditor-General shall be entitled at all reasonable times toexamine the accounts and other records in relation to the business of theCommission

l8-(l) The Commission shall within six months afterthe end of each A n n d

financial year or within such longer priod as the Minister may in spcialcircumstances allow cause to be made and transmit to the Minister a regort edi-

dealing generally with the activities of the Commission during the precedingyear including-

(a) a statement of its accounts audited in accordance with paragraph 17

(b) a statement of the outcomes and findings of its annual testing

programme including satis tical information on-(i) the provision of samples by athletes

(ii) the testing of samples so provided and

(iii) the extent of the participation of ~ a ti o na l sportingorganizations in testing programmes operated or suppofldby the Commission

(c) the results of Anti-Doping research undertaken by or supported bythe Commission

(4 summary of the education and public information programmesundertaken by or supported by the Commission and

(e) particulars of the extent to which the Commission has compllidwith and achieved the objectives of any sb-ategic plan and theoperational plan in force during the financial year to which theregort relates

(2) The Minister shall cause copies of the report together with the

a n n u l statement of accounts and the auditors report thereon to belaid on theTable of the House of Representatives and of the Senate

(3) The Commission shall before a date specified by the Minisampsubmit to the Minister for his approval estimates of revenue and expenditurefor the ensuing year

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32 ANTI-DOFING IN SPORT

Exemption 1 The income of the Commission shall be exempt fiom incomefminsome

tax

SECOND CHEDULE (Seaion 18)

Constirution of h e Jamaica Awi-Dop ing Disciplinary Panel

Cm d t u t h 141) The Disciplinary Panel shall consist of not more than nineOf Discipi- persons appointed as fol~ows-nsr)Pawl

(a) m chairman and two vice chairmen each of whom shall be legal

practitioners of not less than 18 years of experience

(b) three persons each of whom has been duly qualified medical

practitioners for not less than five years

(el three additioilal members each of whom shall be or has previously

been a spaas administrator or an athlete

(2) The chairman or in his absence the vice chairman shall

appoint three members frsm the panel to hear and determine each case

(3) Every hearing shall comprise of the chairman or a vice chairman

as chairman of the hearing panel one medical pmctitioner member and one- sp rt s dminismtosor athlete member

Tenurecf 2 The members shall be a~pointedby the Minister by instrument inofiw w-riting md shall subject to the provisions of this Schedule hold ofice for a

period of three years

lp 3 Every member shall be eligible for re-a~pointment

qipkmlm

~c t i ng 4 If my member is absent or unable to act the Minister may appoint anyWiatmesrtscerson to act in the glace of that member so however that such appointment

shdl be made in the same manner and frsm among the same category of

persons as would be required in h e case of a substantive appointment

Ip-b 5 The Minister may at any time revoke the appointment of any member

of the Disciplil~~~jymel if such member-8mm

(a) becomes ~f unsound mind or becomes pemanently unable to

p f o m his frsnctions by reason of i l l health

(b) is wnvicted and sentencedto a term of imprisonment

(6 ) hils withotit peasonable excuse to carny out any of the functions

m L d r ionposed on him under this Act or

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ANTI-DOPING IN SPORT 33

( 8 ) engages in such activities as are reasonably considered prejudicialto the interest of the Commission

16 There shall be paid to the members of the Disciplinary Panel such Remuneration

remuneration (whether by way of honorarium salary fees or allowances) as ofmembersthe Minister may determine

7 - (1 ) Any member other than the chairman may at any time resign Resignation

his office by instrument in writing addressed to the Minister and transmittedthrough the chairman and from the date of receipt by the Minister of suchinstrument that person shall cease to be a member

(2) The chairman may at any time resign his office by instrument

in writing addressed to the Minister and such resignation shall take effect asfrom the date of receipt by the Minister of that instrument

8 If any vacancy occurs in the membership of the Disciplinary Panel Fillingof

such vacancy shall be filled by the appointment of another member so vacancies

however that such appointment shall be made in the same manner and fromthe same category of persons as would be required in the case of the originalappointment

9 - ( l ) No proceedings shall be brought or instituted before any court or htection

tribunal personally against any member of the Disciplinary Panel in respect ofmembers

of any act done bo na jide in pursuance or execution or intended execution ofthis Act

(2) Where any member is exempt from liability by reason only ofthe provisions of this paragraph the Disciplinary Panel shall be liable to theextent that it would be if that member were an employee or agent of theDisciplinary Panel

10 The names of all members of the Disciplinary Panel sas first Gazettingof

constituted and every change therein shall be published in the Gazette membership

THIfttl SCHEDULE (Section 22)

Constitutionof the Jamaica Anti-Doping Appeals Tribunal

1 The Appeals Tribunal shall consist of sir person- ConstitutionofAppeals

(a) a chairman and vice-chairman k i n g both persons who have Panel

served as either a Judge of the Court of Appeal or of the SupremeCourt

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ANTILDOPING IiV SPORT

(b) persons who have served in-

Actingwepombmnts

Revocationof

appointment

Remunetation

Resignation

Filling ofvacancies

(i) the post of a Director of Public Prosecutions or a senior

member of staff of the Office of the Director of PublicProsecutions

(ii) sports administration for at least ten years

(iii) sports medicine for at least ten years

2 The members of the Appeals Tribunal shall be appointed by theMinister by instrument in writing and shall subject to the provisions of thisSchedule hold office for a period of three years

3 Every member shall be eligible for re-appointment

4 If any member of the Appeals Tniunal is absent or unable to performhis duties the Minister may appoint any person to act in the place of thatmember so however that such appointment shall be made in the samemanner and h m mong the same category of persons as would be requiredin the case of a substantive appointment

5 The Minister may at any time revoke the appointment of any memberof theCommission if such member-

(a) becomes of unsound mind or becomes pe-rmanently unable toperform his functions by w o n of i l l health

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

(c) fails without reasonable excuse to cany out any of the functionsconferred or imposed on him under this Act or

(4 ngages in such activities as are reasonably considered prejudicialto the interest of the Commission

6 There shall be paid to the members of the Appeals Tribunal suchremuneration (whether by way of honorarium salary fees or allowances) asthe Minister may determine

7-41) Any member other than the chairman may at any time resign hisoffice by instrument in writing addressed to the Minister and transmittedthrough the chairman and from the date of receipt by the Minister of suchinstrument that person shall cease to be a member

(2) The chairman may at any time resign his oflice by instrument inwriting addressed to the Minister and such resignation shall take effect asfrom the date of receipt by the Minister of that instrument

8 If any vacancy occurs in the membership of the Appeals Tribunal suchvacancy shall be filled by the appointment of another member so however

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ANTI-DOPING IN SPORT

that such appointment shall be made in the same manner and h m he samecategory of persons as would be required in the case of the original

appointment9+1) No proceedings shall be brought or instituted before any court Rotection

or tribunal personally against any member of the Appeals Tribunal in respect of members

of any act done bonafide in pursuance or execution or intended execution ofthis Act

(2) Where any member is exempt from liability by reason only of theprovisions of this paragraph the Appeals Tribunal shall be liable to theextent that it would be if that member were an employee or agent of the

Appeals Tribunal10 The names of all members of the Appeals Tribunal as first constituted Gazatingof

and every change therein shall be published in the Gmette Membenhip

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athletes shall be deemed to accept the Prohibited Listand any amendments thereto as binding upon

them

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

(0 ) performing any other h c t i o n s relating to doping insport that are conferred on the Commission by this orany other enactment and

07) generally taking all steps necessary or desirable to

achieve the purposes of this Act(2) In the performance of its functions the Com-

mission-

(a) shall establish for its use and for the use of itscommittees procedures that are appropriate and fair inthe circumstances

(b) shall develop appropriate procedures t+

(i) reflect the needs of athletes who are underthe age of eighteen years and

(ii) reflect the culture and any disabilities orother special concerns of athletes and

(iii) protect each athletes right to privacy

(c ) may impose fees or charges for the provision of

information advice or other services requested of theCommission (other than for information requested byan athlete relating to the athlete)

(3) The powers of the Commission may be exercised ina state other than Jamaica in relation to athletes who are citizensof Jamaica subject to the approval of the relevant foreign stateor relevant national sporting organization of such state

7 4 1 ) The Minister may after consultation with the Chair- Ministarnaygive direc-

man of the Commission give to the Commission directions in tions to

writing of a general character as to the policy to be followed by COmrnissi

the Commission in the performance of its functions as appear to

JThe inclusion of this page ip authorized by LK 123ROlll

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ANTI-DOPING IN SPORT

the Minister to be necessary in the public interest and theCommission shall give effect thereto

(2) Directions given under subsection (1) shall not relateto-

(a) a particular athlete or particular athlete supportpersonnel or

(b) doping control

(3) The Commission shall comely with any directionsgiven under subsection (1)

powerco $--(I) The Commission may with the written approval ofM-the Minister delegate any of its functions under this Act (otherthan the power of delegation) to any member officer or agent ofthe Commission

(2) A delegation under subsection (1) i s ~ v o c a b l ey the

Commission in d the delegation of a function shall not precludethe performance of the delegated function by the Commission

P m 11 Anti-Doping Rules

9 The Commission may with the approval of the Ministermaymake~ l e s make d e s (in this Act referred to as the Anti-Doping Rules)

generally for controlling the occurrence of doping in sports and

for carrying out the objects of this Act and without limitingthe generality of the foregoing such d e s may provide for-

(a) initiating implementing or enforcing any part of thedoping control process

(b) analysis of samples

(c) athlete whereabouts information

(4 consequences of Anti-Doping Rules violation

(e) assessment of costs for disciplinary hearings

results management

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ANTI-DOPING IN SPORT 19

10--(I) Except in any case where an athlete holds a ~nti- oping

Therapeutic Use Exemption Certificate and is in compliance

with the terms of such Therapeutic Use Exemption Certificatethe athlete shall be liable for the presence of any prohibitedsubstance or its metabolites or markers found in his body

(2) Subject to the exception mentioned in subsection(I) a reference in this Act to an Anti-Doping Rules violationshall mean any one of the following-

(a) the presence of a prohibited substance or its meta-bolites or markers in an athletes specimen

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

(c ) refusing or failing without compelling justification tosubmit sample collection after notification asauthorized in applicable Anti-Doping rules or

otherwise evading sample collection(4 violation of applicable requirements regarding athlete

availability for out-of-competition testing includingfailure to provide required whereabouts informationand missed tests which are declared based onreasonable rules which comply with the InternationalStandard for testing

(e) tampering or attempting to tamper with any part ofdoping control

V) possession of prohibited substances or prohibitedmethods

(g) trafficking in any prohibited substance or prohibitedmethod

(h) administration or attempted administration of aprohibited substance or prohibited method to anyathlete or assisting encouraging aiding abettingcovering up or any type of complicity involving anAnti-Doping Rules violation or any attemptedviolation

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ANTI-DOPING lA SPORT

Therapeutic Use Exemption

Therapeutic

use81-41) An athlete with a medical condition requiring the

Exemption use of a Prohibited Substance or Prohibited Method shall firstCmihk obtain a Therapeutic Use Exemption Certificate in accordance

with the provisions of this Act the Anti-Doping Rules and theInternational Standard for Therapeutic Use Exemption fromJADCO TUEC or as the case may require the internationalsporting federation under whose control the athletecompetes

(2) Notwithstanding the provisions of subsection (I) aninternational-level athlete or athlete who participates ininternational events shall apply to the international sportingfederation concerned for the Therapeutic Use ExemptionCertificate except in emergency situations no later than twenty-one days before the athletes participation in an internationalsporting event or otherwise provided for in the Anti-Doping

rules of that international sporting federation and provide toJADCO TUEC a copy of such aun application prior to theinternational event

(3) The application for a Therapeutic Use ExemptionCertificate ampom an athlete shall--

(a) be made immediately after the athlete becomes awarethat the use of a Prohibited Substance or Prohibited

Method is required and

(b) subject to any circumstance of emergency be obtainedprior to the athletes participation in any competitionor event

(4) Where an athlete who is subject to testing and hasbeen granted a Therapeutic Use Exemption Certificate by aninternational sporting federation the athlete shall immediately

report the granting of the Therapeutic Use Exemption Certificateto WADA JADCO TUEC and to the relevant national sportingorganization and shall provide to JADCO TUEC all the relevantif in n a ti o n and documentation

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ANTI-DOPING IN SPORT

(5)Every national level athlete and athleteparticipating in national events shall obtain a Therapeutic Use

Exemption Certificate fiom the SAIDCO TUEC unless such anathlete has previously received a Therapeutic Use ExemptionCertificate fiom can international sporting federation md suchTherapeutic Use Exemption Certificate is still vdid and thegrant of which has been previously reported to the JADCOTUEC and the Commission

1241) An application for a Therapeutic Use Exemption Application

Certificate to the JAIDCO TUEC shall be made in accordance Ezmwwith the International Standard for Therapeutic Use Exemption withinternational

(2) The athlete on whose behalf the application has

been made shdl provide written consent for the transmissionof-

(a) d l information pertaining to the application to theSADCO WEC and as required other independent

medical or scientific experts and to all necessary staffinvolved in the management or review of TherapeuticUse Exemptions

(b) the decision of SAC0 TUEC to be distributed toWAIDA and to other relevant Anti-Doping Orghzza-tions under the provisions of the Code

1341) The Coxnmission shall appoint a Committee to bew i n - 8

of aheknown as he J m d c a Anti-Doping Therapeutic Use Exemption -Committee (in this Act known as JADCO PPJIEC)consisting aherapeuaic

of six duly qualified medical practitioners Use

Exemlptiowcommittee

(2) The appointment of every member of the JADCOTUEC shall be evidenced by an instrument in writing whichshall state the period of o fi ce of the member not e x d i n gthree y e m as the Commission may specify in the instrument

and each member shall be eligible for re-appointment

(3) The Commission shall appoint one of the membersof the JADCO TUEC to be the Chairperson thereof

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ANTI-DOPING IN SPORT

Fampons

of JADCOTUEC

NotificationofTherapeuticUseExemption

WADA mayreview andrevmeTUECertificate

(4) The JADCO TUEC sh dl act independently of theCommission and shall not have any other official responsibility

within the Commission(5) Where any member of the JADCO FUEC is

connected with an athlete (having regkd to their familialbusiness or other relationship) or has an interest in any nationalsporting organization or international sporting federation such amember is excluded fiom considering any application forTherapeutic Use Exemption fiom that athlete or as the case maybe any athlete who is a member or participant in a sporiing eventorganized or sanctioned by the international sporting federationor national sporting organization in which he has an interest

14 The hcc tions of the JADCO TUEC shall be to-

(a) receive and exmine applications from national-levelathletes for Therapeutic Use Exemption Certificates

(6) g m t Therapeutic Use Exemption Certificates

(c) revoke Therapeutic Use Exemption Certificates

(4 perform any other fipnctions that are conferred orimposed on it by this Act

15--(I) The JADCO TUEC shall promptly notify theCommission of its decision to grant a Therapeutic UseExemption Certificate

(2) The Commission upon being notified by JADCOTUEC of the grant of a Therapeutic Use Exemption Certificateshall notify WADA thereof

16 Where the JADCO TUEC has made a decision to grantor deny the grant of a Therapeutic Use Exemption Certificate toan athlete WADA at the request of the athlete or on its own initiative may review the p t r denial of the Therapeutic UseExemption Certificate and where WADA determines that the

granting or denial of such Therapeutic Use ExemptionCertificate did not comply with the International Standard forTherapeutic Use Exemption in force at the time then WADAmay reverse the decision to grant or deny the Therapeutic Use

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ANTI-DOPING IN SPORT

Exemption Certificate

17 Tlhe C O ~ I ~ S S ~ O ~hall tecognk the results of laboratory Recognition

d y s i s by other anti-doping organizations once conducted in 0 2 f t ~ faccordance with the WADA International Standard for Dopin

Testing o l g a n d ~ n ~

PART W isciplinary Panel Appeals

18 There is established for the purposes of this Act a M y listm mat

to be d l e d the Jamaica Anti-Doping Disciplinary Panel and theprovisions of the Second Schedule shall have effect as to the hti- oping

constitution and pmcedw of the Disciplinary Panel and Fzhqotherwise in relation thereto second

Schedule

19 Where it appears that there has been an Anti-Doping CommissionI 0der

Rules violation the Commission shall refa the matter to theDisciplinary Panel hearing

20--41) The functions of the Disciplinary Panel shall be Functi0mof

to- the Anti-Doping~ i amp i amp n q

( a ) receive examine and hear evidence relating to an -I

Anti-Doping R des violation

(8) conduct disciplinary hearings related to Anti-DopingRules violations referred to it by the Commission

( c ) determine whether a violation of the Anti-DopingRules has occurred

(4mpose consequences of Anti-Doping Rules yiola-tions

( e ) perfom any other functions that are conferred orimposed on the Disciplinary Panel by this Act

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ANT-DOPINGIN SPORT

EstablishmentofJamaicaAnti-DopingAppealsTribunalThirdSchedule

(2) The Disciplinary Panel shdl consequent onreceiving a written reference h m he Commission asserting an

Anti-Doping rules violation-

(a) within fourteen days of the date of receipt of thereference commence a hearing

(b) within twenty days of the date of receipt of thereference issue a written decision

(c ) within thirty days of the date of receipt of the

reference issue written reasons for the decision givenin paragraph (b)

2 1 4 1 ) Subject to section 23 where-

(a) any athlete or other person who is the subject of thedecision being ap p d e d

(b) the C om iss io n

(c ) the relevant international sporting federation

(8 ) relevant nationd sporting organization

(e) the Jamaica Olympic Association

WADA

is aggrieved by a decision of the Disciplinary Panel that personor body may witkin fourteen days of the decision of theDisciplinary Panel and in the prescribed m m e r lodge magpeal with the Appeds Tribunal established under section 22against any decision of the Disciplinary Panel

(2) Every decision of the Disciplinary Pm el in respectof a Anti-Doping Rules violation shdl remain in effect duringthe appeal process unless the Appeal Tribunal otherwiseorders

2 2 4 1 ) For the purposes of an appeal under section 21there is hereby established an Appeds Tribunal to be calledthe Jamaica Anti-Doping Appeals Tribunal constituted inaccordance with the Third Schedule

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ANTI-DOPIAG IN SPORT

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

(a) PO hear and determine issues arising fiom a decision ofthe Disciplinary Panel-

(i) that an Anti-Doping Rules violation wascommitted

(ii) imposing consequences of an Anti- DopingRules violation

(iii) ohat ara Anti-Doping Rules violation was not

committed(iv) that an anti-doping orgmimtion lacks

jurisdiction to rule on an Anti-Doping Rulesviolation or consequences of rn Anti-DopingRules violation

(v) to impose a provisional suspension as a result

of a paovisiond hearing

(b ) to determine the consequences of an Anti-DopingR d es violation to to mposed

(c) to perform any other hctions hat me c o n f e d orimposed on the Appeals T r i b d by virtue of this Act

(3) The Appeds T r i b d shdl consequent on thelodging of an appeal under subsection (1)-

(a) within twenty-one days of lodging receive h a mdex m in e the evidence relating to the ap

(b) within thirty days of the date of lodging issue ao

written decision

(c) within sixty days of the date of l dgin g issue writtenreasons for the decision

(4) kra appeal shdl not in its entirety exceed three

months except in extenuating c k w n a m c e s

23 M e r e an appeal is in respect of an i n t e m ~ o dvent ~ S O F

iclkrdonellor a m e nvolving an nternational-level athlete the decision of amp

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ANTI-DOPING IN SPORT

the Disciplinary Panel may k appealed directly to the Court ofArbitration

Apr of 24-41) Any decision by WADA reversing the grant of aTherapeutic Use Exemption Certificate or as the case be the

d refusal to grant may be appealed directly by the athlete or theUw

~xwptimCommission to the Court of Arbitration

M B e (2) Where an international-level athlete has made an

application for a Therapeutic Use Exemption Certificate andthe international sporting federation has reksed to grarnt

such Therapeutic Use Exemption Certificate the athlete mayappeal exclusively to the Court of Arbitration in respect ofthe refusal to grant the Therapeutic Use ExemptionCertificate

(3) Where the JADCO TUEC has refused to grant aTherapeutic Use Exemption Certificate to a national-levelathlete the athlete may make an appeal to the Appeals Tribunal

(4) Where the Appeals Tribunal reverses the decision ofthe JADCO TklEC to grant a Therapeutic Use ExemptionCertificate WADA may appeal to the Court of Arbitration

Miscellaneous

canmtaity 25-41) Every-

(a ) member of the Commission(b) officer m d employee of the Com is si on

(c) expert retained by the Commission to m i s t in itsinvestigations and delikrations

(4 ember of the Appeals Tribunal

(e ) member of the JADCO TUEC

V) member of the Disciplinary Panel

shall keep secret and confidential all information coming to hisknowledge in the course of the administration of this Act exceptin so far as the Commission authorizes that pason to releasethat information

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ANTI-DOPING IN SPORT

(2) Any person who contravenes subsection (1) shd lbe guilty of an offence and s M l be liable on smw

conviction in a Resident Magistrates Court to a fine notexceeding one million dollars

26-41) The Minister may make regulations generally for awlations

giving effect to the provisions of this Act and without prejudiceto the generality of the foregoing the regulations may pmvidefor-

(a) the determination and collection of fees m d charges in

connection with the exercise of the Ruactions of theCommission

(b) the keeping of such records as the Minister may

require for the pwposes of this Act

(c) the forms to be used for the ppsrposes of this Act and

(4 mything required by this Act to be prescribed

(2) Regulations made under subsection (1) may pmvidefor the imposition of a penalty on summary conviction in a

Resident Magistrates Cowt of a fine not ex ce din g one milliondollars or a term of imprisonment not e x d i n g six months orboth such fine and imprisonment

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Constitution and Procedure of the Jamaica Anti-Doping Commission

1 The Commission shall consist of the following mem krs-

(a) not less than nine md not more than thirteen persons who theMinister is satisfied am of high integrity and able to exercise soundjudgment in faz8filling their responsibilities under this Act

(heminafter r e f e d to asappointed memkmsn)

(b) the Executive Director of the Commission and the PemmentSempary or his nominee (heminailer r e f e d to as ex-officiomembers)

2 The appointed members of the Commission shall be appointed by theMinister by instrument in writing and shall subject to the provisions of thisSchedule hold office for a pmisd of three years

3 Every appointed member shall be eligible for re-appointment

4 4 1 ) The Minister shdl appoint a chairman and a deputy chairman fromamong the appointed members

(2) ln the case of absence or inability to act of the chaiman thedeputy chairman shall perform the functions of the chaiman

(3) In the case of absence or inability to act of both the chairman and

deputy chairman the Minister may appoint any other member to perform thefunctions of the chairman or as he case may be the deputy chairman duringsuch absence or incapacity

5 If any member is absent or unable to pedorm his duties due to absenceor illness the Minister may appoint any person to act in the place of that

member so however that such appointment shall be made in the m emanner and fiom among the same category of p o n s as would be requiredin the case of a substantive appointment

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

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

(6) is convicted and sentenced to a tenn of imprisonment

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

(4 ngages in such activities as are reasonably consided prejudicialto the interest of the Commission

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M I- D O P IN G IN SPORT 29

7 Thew shall be paid to the members of the Commission such ~mlanaretfol~

remuneration (whether by way of honowriurn salary fees or allowances) as of^^

the Minister with responsibility for the public service may determine

8 Fiye members of the Commission shall form a quorum at any m m

meeting

9 - 4 1 ) An appointed member other than the chahan may at any time Resignation

resign his office by instrument in writing addressed to the Minister and

transmitted through the chairman and fiom the date of receipt by the Minister

of such instrument that person shall cease to be a member

(2) The chairman may at any time resign his office by instrument

in writing addressed to the Minister and such resignation shallrtake eflst

as from the date of receipt by the Minister of that insitmment

10 If any vacancy occurs in the membership of the Commission Fillingof

such vacancy shall be filled by the appointment of another member vrmcmcics

B 1 4 1) No p w i n g s shall be brought or instituted before any co w or meah

tribunal personally against any member of the Commission in respect of my of ~~~act done bonaflde in pursuance or execution or intended execution of this

A n

(2) Where any member is exempt from liability by reason only ofthe provisions of this paragraph the Commission shall be liable to the extent

that it would be if that member were an employee or agent of the

Commission

I f The names of all members of the Commissionas first constimed and Gazetting of

every change therein shall be published in the Gazette ~ h h i p

Administrbrion and Fdnance

1341) The Commission shall appoint and employ at such remuneration ampin-8

and on such terms and conditions as it thinks fit an Executive Director a zySecretary and such other officers employees and agents as it considers mflom

necessary for q e proper carrying out of its functions

(2) Notwithstanding sub-paragraph (1)-

(a) a salary in excess of the prescribed rate shall not be assigned to

any post without the prior approval of the Minister and

(b) an appointment shall not be made to any post to which a salary in

excess of the prescribed rate is assigned without the prior approval

of the Minister

(3) In this section prescribed me means such rate as thk

Minister with responsibility for the public service may by order prescribe

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38 M-DOPING N SPORT

W i 14 The Commission may with the written appmval of the Minister-gmwitksmd

~iharuirimg (a) enter into ammgements respecting schemes whether by way of

bencri insurance policies of otherwise or(6) make regulations

for medical h e f i 4 pensions gratuities and other retiring benefits ordisability or death benefits relating to employees of the Commission andsuch arrangements or regulations may include provisions for the g m t ofbenefits to the dependants and the legal personal representatives of suchemployees

Fundo lad 1 5 4 1) The dunds and resources of the Commission shall consist of-fsaufca ofC g m n i h (a) such funds as may be provided by Parliament for the Commission

in the annual Estimates of Revenue and Expenditum

(b) revenues ampom fees and charges impsed by the Commission form y -ices p d d d by it or the use of any facility

(c) s ~ c h m s as may beallocated b m time to time to theCommission b m esearch or education gmts or fiwm loan fundsand

(d)all o t h a m s r property which may in any manner becomepayable to or vested in the Commission in respect of any matterincidental to its functions

(2) The expenses of the Commission including the remunerationof members md employees shall be paid out of the funds of theCommission

~BDPKCDLO 16 All moneys s f the Commission not q u i r e d to be expended fork v a the purpose of meeting any of the obligations or discharging any of them finctions of the Commission may be invested in such securities as the

Commission may afier consultation with the Minister responsible forfinance consider appropriate and the Commission may sell all or any of suchsecurities

d 17---(I) The Commission shall keep proper accounts and other records inmlation to its business and shall prepare mually in msgect of each financialyear a statement of accounts in a form satisfactory to the Minister beinga form which eon foms with established accounting principles

(2) The accounts of the Commission shall be audited annually by anauditor or auditors appointed by the Commission and approved by theMinis-

(3) The members ofticers and employees ofthe Commission shall-

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ANTI-DOPING IN SPORT 3 1

(a) grant to the auditor appointed under sub-paragraph (2) accessto all books documents cash and securities of the Commissionand

(b) give to the auditor on request all such information as may be

within their knowledge in relation to the Commissions operations

(4) The auditors fees and any expenses of the audit shall be paid bythe Commission

(5) The Auditor-General shall be entitled at all reasonable times toexamine the accounts and other records in relation to the business of theCommission

l8-(l) The Commission shall within six months afterthe end of each A n n d

financial year or within such longer priod as the Minister may in spcialcircumstances allow cause to be made and transmit to the Minister a regort edi-

dealing generally with the activities of the Commission during the precedingyear including-

(a) a statement of its accounts audited in accordance with paragraph 17

(b) a statement of the outcomes and findings of its annual testing

programme including satis tical information on-(i) the provision of samples by athletes

(ii) the testing of samples so provided and

(iii) the extent of the participation of ~ a ti o na l sportingorganizations in testing programmes operated or suppofldby the Commission

(c) the results of Anti-Doping research undertaken by or supported bythe Commission

(4 summary of the education and public information programmesundertaken by or supported by the Commission and

(e) particulars of the extent to which the Commission has compllidwith and achieved the objectives of any sb-ategic plan and theoperational plan in force during the financial year to which theregort relates

(2) The Minister shall cause copies of the report together with the

a n n u l statement of accounts and the auditors report thereon to belaid on theTable of the House of Representatives and of the Senate

(3) The Commission shall before a date specified by the Minisampsubmit to the Minister for his approval estimates of revenue and expenditurefor the ensuing year

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32 ANTI-DOFING IN SPORT

Exemption 1 The income of the Commission shall be exempt fiom incomefminsome

tax

SECOND CHEDULE (Seaion 18)

Constirution of h e Jamaica Awi-Dop ing Disciplinary Panel

Cm d t u t h 141) The Disciplinary Panel shall consist of not more than nineOf Discipi- persons appointed as fol~ows-nsr)Pawl

(a) m chairman and two vice chairmen each of whom shall be legal

practitioners of not less than 18 years of experience

(b) three persons each of whom has been duly qualified medical

practitioners for not less than five years

(el three additioilal members each of whom shall be or has previously

been a spaas administrator or an athlete

(2) The chairman or in his absence the vice chairman shall

appoint three members frsm the panel to hear and determine each case

(3) Every hearing shall comprise of the chairman or a vice chairman

as chairman of the hearing panel one medical pmctitioner member and one- sp rt s dminismtosor athlete member

Tenurecf 2 The members shall be a~pointedby the Minister by instrument inofiw w-riting md shall subject to the provisions of this Schedule hold ofice for a

period of three years

lp 3 Every member shall be eligible for re-a~pointment

qipkmlm

~c t i ng 4 If my member is absent or unable to act the Minister may appoint anyWiatmesrtscerson to act in the glace of that member so however that such appointment

shdl be made in the same manner and frsm among the same category of

persons as would be required in h e case of a substantive appointment

Ip-b 5 The Minister may at any time revoke the appointment of any member

of the Disciplil~~~jymel if such member-8mm

(a) becomes ~f unsound mind or becomes pemanently unable to

p f o m his frsnctions by reason of i l l health

(b) is wnvicted and sentencedto a term of imprisonment

(6 ) hils withotit peasonable excuse to carny out any of the functions

m L d r ionposed on him under this Act or

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ANTI-DOPING IN SPORT 33

( 8 ) engages in such activities as are reasonably considered prejudicialto the interest of the Commission

16 There shall be paid to the members of the Disciplinary Panel such Remuneration

remuneration (whether by way of honorarium salary fees or allowances) as ofmembersthe Minister may determine

7 - (1 ) Any member other than the chairman may at any time resign Resignation

his office by instrument in writing addressed to the Minister and transmittedthrough the chairman and from the date of receipt by the Minister of suchinstrument that person shall cease to be a member

(2) The chairman may at any time resign his office by instrument

in writing addressed to the Minister and such resignation shall take effect asfrom the date of receipt by the Minister of that instrument

8 If any vacancy occurs in the membership of the Disciplinary Panel Fillingof

such vacancy shall be filled by the appointment of another member so vacancies

however that such appointment shall be made in the same manner and fromthe same category of persons as would be required in the case of the originalappointment

9 - ( l ) No proceedings shall be brought or instituted before any court or htection

tribunal personally against any member of the Disciplinary Panel in respect ofmembers

of any act done bo na jide in pursuance or execution or intended execution ofthis Act

(2) Where any member is exempt from liability by reason only ofthe provisions of this paragraph the Disciplinary Panel shall be liable to theextent that it would be if that member were an employee or agent of theDisciplinary Panel

10 The names of all members of the Disciplinary Panel sas first Gazettingof

constituted and every change therein shall be published in the Gazette membership

THIfttl SCHEDULE (Section 22)

Constitutionof the Jamaica Anti-Doping Appeals Tribunal

1 The Appeals Tribunal shall consist of sir person- ConstitutionofAppeals

(a) a chairman and vice-chairman k i n g both persons who have Panel

served as either a Judge of the Court of Appeal or of the SupremeCourt

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ANTILDOPING IiV SPORT

(b) persons who have served in-

Actingwepombmnts

Revocationof

appointment

Remunetation

Resignation

Filling ofvacancies

(i) the post of a Director of Public Prosecutions or a senior

member of staff of the Office of the Director of PublicProsecutions

(ii) sports administration for at least ten years

(iii) sports medicine for at least ten years

2 The members of the Appeals Tribunal shall be appointed by theMinister by instrument in writing and shall subject to the provisions of thisSchedule hold office for a period of three years

3 Every member shall be eligible for re-appointment

4 If any member of the Appeals Tniunal is absent or unable to performhis duties the Minister may appoint any person to act in the place of thatmember so however that such appointment shall be made in the samemanner and h m mong the same category of persons as would be requiredin the case of a substantive appointment

5 The Minister may at any time revoke the appointment of any memberof theCommission if such member-

(a) becomes of unsound mind or becomes pe-rmanently unable toperform his functions by w o n of i l l health

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

(c) fails without reasonable excuse to cany out any of the functionsconferred or imposed on him under this Act or

(4 ngages in such activities as are reasonably considered prejudicialto the interest of the Commission

6 There shall be paid to the members of the Appeals Tribunal suchremuneration (whether by way of honorarium salary fees or allowances) asthe Minister may determine

7-41) Any member other than the chairman may at any time resign hisoffice by instrument in writing addressed to the Minister and transmittedthrough the chairman and from the date of receipt by the Minister of suchinstrument that person shall cease to be a member

(2) The chairman may at any time resign his oflice by instrument inwriting addressed to the Minister and such resignation shall take effect asfrom the date of receipt by the Minister of that instrument

8 If any vacancy occurs in the membership of the Appeals Tribunal suchvacancy shall be filled by the appointment of another member so however

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ANTI-DOPING IN SPORT

that such appointment shall be made in the same manner and h m he samecategory of persons as would be required in the case of the original

appointment9+1) No proceedings shall be brought or instituted before any court Rotection

or tribunal personally against any member of the Appeals Tribunal in respect of members

of any act done bonafide in pursuance or execution or intended execution ofthis Act

(2) Where any member is exempt from liability by reason only of theprovisions of this paragraph the Appeals Tribunal shall be liable to theextent that it would be if that member were an employee or agent of the

Appeals Tribunal10 The names of all members of the Appeals Tribunal as first constituted Gazatingof

and every change therein shall be published in the Gmette Membenhip

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ANTI-DOPING IN SPORT

the Minister to be necessary in the public interest and theCommission shall give effect thereto

(2) Directions given under subsection (1) shall not relateto-

(a) a particular athlete or particular athlete supportpersonnel or

(b) doping control

(3) The Commission shall comely with any directionsgiven under subsection (1)

powerco $--(I) The Commission may with the written approval ofM-the Minister delegate any of its functions under this Act (otherthan the power of delegation) to any member officer or agent ofthe Commission

(2) A delegation under subsection (1) i s ~ v o c a b l ey the

Commission in d the delegation of a function shall not precludethe performance of the delegated function by the Commission

P m 11 Anti-Doping Rules

9 The Commission may with the approval of the Ministermaymake~ l e s make d e s (in this Act referred to as the Anti-Doping Rules)

generally for controlling the occurrence of doping in sports and

for carrying out the objects of this Act and without limitingthe generality of the foregoing such d e s may provide for-

(a) initiating implementing or enforcing any part of thedoping control process

(b) analysis of samples

(c) athlete whereabouts information

(4 consequences of Anti-Doping Rules violation

(e) assessment of costs for disciplinary hearings

results management

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ANTI-DOPING IN SPORT 19

10--(I) Except in any case where an athlete holds a ~nti- oping

Therapeutic Use Exemption Certificate and is in compliance

with the terms of such Therapeutic Use Exemption Certificatethe athlete shall be liable for the presence of any prohibitedsubstance or its metabolites or markers found in his body

(2) Subject to the exception mentioned in subsection(I) a reference in this Act to an Anti-Doping Rules violationshall mean any one of the following-

(a) the presence of a prohibited substance or its meta-bolites or markers in an athletes specimen

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

(c ) refusing or failing without compelling justification tosubmit sample collection after notification asauthorized in applicable Anti-Doping rules or

otherwise evading sample collection(4 violation of applicable requirements regarding athlete

availability for out-of-competition testing includingfailure to provide required whereabouts informationand missed tests which are declared based onreasonable rules which comply with the InternationalStandard for testing

(e) tampering or attempting to tamper with any part ofdoping control

V) possession of prohibited substances or prohibitedmethods

(g) trafficking in any prohibited substance or prohibitedmethod

(h) administration or attempted administration of aprohibited substance or prohibited method to anyathlete or assisting encouraging aiding abettingcovering up or any type of complicity involving anAnti-Doping Rules violation or any attemptedviolation

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Therapeutic Use Exemption

Therapeutic

use81-41) An athlete with a medical condition requiring the

Exemption use of a Prohibited Substance or Prohibited Method shall firstCmihk obtain a Therapeutic Use Exemption Certificate in accordance

with the provisions of this Act the Anti-Doping Rules and theInternational Standard for Therapeutic Use Exemption fromJADCO TUEC or as the case may require the internationalsporting federation under whose control the athletecompetes

(2) Notwithstanding the provisions of subsection (I) aninternational-level athlete or athlete who participates ininternational events shall apply to the international sportingfederation concerned for the Therapeutic Use ExemptionCertificate except in emergency situations no later than twenty-one days before the athletes participation in an internationalsporting event or otherwise provided for in the Anti-Doping

rules of that international sporting federation and provide toJADCO TUEC a copy of such aun application prior to theinternational event

(3) The application for a Therapeutic Use ExemptionCertificate ampom an athlete shall--

(a) be made immediately after the athlete becomes awarethat the use of a Prohibited Substance or Prohibited

Method is required and

(b) subject to any circumstance of emergency be obtainedprior to the athletes participation in any competitionor event

(4) Where an athlete who is subject to testing and hasbeen granted a Therapeutic Use Exemption Certificate by aninternational sporting federation the athlete shall immediately

report the granting of the Therapeutic Use Exemption Certificateto WADA JADCO TUEC and to the relevant national sportingorganization and shall provide to JADCO TUEC all the relevantif in n a ti o n and documentation

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ANTI-DOPING IN SPORT

(5)Every national level athlete and athleteparticipating in national events shall obtain a Therapeutic Use

Exemption Certificate fiom the SAIDCO TUEC unless such anathlete has previously received a Therapeutic Use ExemptionCertificate fiom can international sporting federation md suchTherapeutic Use Exemption Certificate is still vdid and thegrant of which has been previously reported to the JADCOTUEC and the Commission

1241) An application for a Therapeutic Use Exemption Application

Certificate to the JAIDCO TUEC shall be made in accordance Ezmwwith the International Standard for Therapeutic Use Exemption withinternational

(2) The athlete on whose behalf the application has

been made shdl provide written consent for the transmissionof-

(a) d l information pertaining to the application to theSADCO WEC and as required other independent

medical or scientific experts and to all necessary staffinvolved in the management or review of TherapeuticUse Exemptions

(b) the decision of SAC0 TUEC to be distributed toWAIDA and to other relevant Anti-Doping Orghzza-tions under the provisions of the Code

1341) The Coxnmission shall appoint a Committee to bew i n - 8

of aheknown as he J m d c a Anti-Doping Therapeutic Use Exemption -Committee (in this Act known as JADCO PPJIEC)consisting aherapeuaic

of six duly qualified medical practitioners Use

Exemlptiowcommittee

(2) The appointment of every member of the JADCOTUEC shall be evidenced by an instrument in writing whichshall state the period of o fi ce of the member not e x d i n gthree y e m as the Commission may specify in the instrument

and each member shall be eligible for re-appointment

(3) The Commission shall appoint one of the membersof the JADCO TUEC to be the Chairperson thereof

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ANTI-DOPING IN SPORT

Fampons

of JADCOTUEC

NotificationofTherapeuticUseExemption

WADA mayreview andrevmeTUECertificate

(4) The JADCO TUEC sh dl act independently of theCommission and shall not have any other official responsibility

within the Commission(5) Where any member of the JADCO FUEC is

connected with an athlete (having regkd to their familialbusiness or other relationship) or has an interest in any nationalsporting organization or international sporting federation such amember is excluded fiom considering any application forTherapeutic Use Exemption fiom that athlete or as the case maybe any athlete who is a member or participant in a sporiing eventorganized or sanctioned by the international sporting federationor national sporting organization in which he has an interest

14 The hcc tions of the JADCO TUEC shall be to-

(a) receive and exmine applications from national-levelathletes for Therapeutic Use Exemption Certificates

(6) g m t Therapeutic Use Exemption Certificates

(c) revoke Therapeutic Use Exemption Certificates

(4 perform any other fipnctions that are conferred orimposed on it by this Act

15--(I) The JADCO TUEC shall promptly notify theCommission of its decision to grant a Therapeutic UseExemption Certificate

(2) The Commission upon being notified by JADCOTUEC of the grant of a Therapeutic Use Exemption Certificateshall notify WADA thereof

16 Where the JADCO TUEC has made a decision to grantor deny the grant of a Therapeutic Use Exemption Certificate toan athlete WADA at the request of the athlete or on its own initiative may review the p t r denial of the Therapeutic UseExemption Certificate and where WADA determines that the

granting or denial of such Therapeutic Use ExemptionCertificate did not comply with the International Standard forTherapeutic Use Exemption in force at the time then WADAmay reverse the decision to grant or deny the Therapeutic Use

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ANTI-DOPING IN SPORT

Exemption Certificate

17 Tlhe C O ~ I ~ S S ~ O ~hall tecognk the results of laboratory Recognition

d y s i s by other anti-doping organizations once conducted in 0 2 f t ~ faccordance with the WADA International Standard for Dopin

Testing o l g a n d ~ n ~

PART W isciplinary Panel Appeals

18 There is established for the purposes of this Act a M y listm mat

to be d l e d the Jamaica Anti-Doping Disciplinary Panel and theprovisions of the Second Schedule shall have effect as to the hti- oping

constitution and pmcedw of the Disciplinary Panel and Fzhqotherwise in relation thereto second

Schedule

19 Where it appears that there has been an Anti-Doping CommissionI 0der

Rules violation the Commission shall refa the matter to theDisciplinary Panel hearing

20--41) The functions of the Disciplinary Panel shall be Functi0mof

to- the Anti-Doping~ i amp i amp n q

( a ) receive examine and hear evidence relating to an -I

Anti-Doping R des violation

(8) conduct disciplinary hearings related to Anti-DopingRules violations referred to it by the Commission

( c ) determine whether a violation of the Anti-DopingRules has occurred

(4mpose consequences of Anti-Doping Rules yiola-tions

( e ) perfom any other functions that are conferred orimposed on the Disciplinary Panel by this Act

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ANT-DOPINGIN SPORT

EstablishmentofJamaicaAnti-DopingAppealsTribunalThirdSchedule

(2) The Disciplinary Panel shdl consequent onreceiving a written reference h m he Commission asserting an

Anti-Doping rules violation-

(a) within fourteen days of the date of receipt of thereference commence a hearing

(b) within twenty days of the date of receipt of thereference issue a written decision

(c ) within thirty days of the date of receipt of the

reference issue written reasons for the decision givenin paragraph (b)

2 1 4 1 ) Subject to section 23 where-

(a) any athlete or other person who is the subject of thedecision being ap p d e d

(b) the C om iss io n

(c ) the relevant international sporting federation

(8 ) relevant nationd sporting organization

(e) the Jamaica Olympic Association

WADA

is aggrieved by a decision of the Disciplinary Panel that personor body may witkin fourteen days of the decision of theDisciplinary Panel and in the prescribed m m e r lodge magpeal with the Appeds Tribunal established under section 22against any decision of the Disciplinary Panel

(2) Every decision of the Disciplinary Pm el in respectof a Anti-Doping Rules violation shdl remain in effect duringthe appeal process unless the Appeal Tribunal otherwiseorders

2 2 4 1 ) For the purposes of an appeal under section 21there is hereby established an Appeds Tribunal to be calledthe Jamaica Anti-Doping Appeals Tribunal constituted inaccordance with the Third Schedule

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ANTI-DOPIAG IN SPORT

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

(a) PO hear and determine issues arising fiom a decision ofthe Disciplinary Panel-

(i) that an Anti-Doping Rules violation wascommitted

(ii) imposing consequences of an Anti- DopingRules violation

(iii) ohat ara Anti-Doping Rules violation was not

committed(iv) that an anti-doping orgmimtion lacks

jurisdiction to rule on an Anti-Doping Rulesviolation or consequences of rn Anti-DopingRules violation

(v) to impose a provisional suspension as a result

of a paovisiond hearing

(b ) to determine the consequences of an Anti-DopingR d es violation to to mposed

(c) to perform any other hctions hat me c o n f e d orimposed on the Appeals T r i b d by virtue of this Act

(3) The Appeds T r i b d shdl consequent on thelodging of an appeal under subsection (1)-

(a) within twenty-one days of lodging receive h a mdex m in e the evidence relating to the ap

(b) within thirty days of the date of lodging issue ao

written decision

(c) within sixty days of the date of l dgin g issue writtenreasons for the decision

(4) kra appeal shdl not in its entirety exceed three

months except in extenuating c k w n a m c e s

23 M e r e an appeal is in respect of an i n t e m ~ o dvent ~ S O F

iclkrdonellor a m e nvolving an nternational-level athlete the decision of amp

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ANTI-DOPING IN SPORT

the Disciplinary Panel may k appealed directly to the Court ofArbitration

Apr of 24-41) Any decision by WADA reversing the grant of aTherapeutic Use Exemption Certificate or as the case be the

d refusal to grant may be appealed directly by the athlete or theUw

~xwptimCommission to the Court of Arbitration

M B e (2) Where an international-level athlete has made an

application for a Therapeutic Use Exemption Certificate andthe international sporting federation has reksed to grarnt

such Therapeutic Use Exemption Certificate the athlete mayappeal exclusively to the Court of Arbitration in respect ofthe refusal to grant the Therapeutic Use ExemptionCertificate

(3) Where the JADCO TUEC has refused to grant aTherapeutic Use Exemption Certificate to a national-levelathlete the athlete may make an appeal to the Appeals Tribunal

(4) Where the Appeals Tribunal reverses the decision ofthe JADCO TklEC to grant a Therapeutic Use ExemptionCertificate WADA may appeal to the Court of Arbitration

Miscellaneous

canmtaity 25-41) Every-

(a ) member of the Commission(b) officer m d employee of the Com is si on

(c) expert retained by the Commission to m i s t in itsinvestigations and delikrations

(4 ember of the Appeals Tribunal

(e ) member of the JADCO TUEC

V) member of the Disciplinary Panel

shall keep secret and confidential all information coming to hisknowledge in the course of the administration of this Act exceptin so far as the Commission authorizes that pason to releasethat information

l l b e ampndaabmof tbb pmge b ntborbcd by DJVILU(QlIj

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ANTI-DOPING IN SPORT

(2) Any person who contravenes subsection (1) shd lbe guilty of an offence and s M l be liable on smw

conviction in a Resident Magistrates Court to a fine notexceeding one million dollars

26-41) The Minister may make regulations generally for awlations

giving effect to the provisions of this Act and without prejudiceto the generality of the foregoing the regulations may pmvidefor-

(a) the determination and collection of fees m d charges in

connection with the exercise of the Ruactions of theCommission

(b) the keeping of such records as the Minister may

require for the pwposes of this Act

(c) the forms to be used for the ppsrposes of this Act and

(4 mything required by this Act to be prescribed

(2) Regulations made under subsection (1) may pmvidefor the imposition of a penalty on summary conviction in a

Resident Magistrates Cowt of a fine not ex ce din g one milliondollars or a term of imprisonment not e x d i n g six months orboth such fine and imprisonment

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Constitution and Procedure of the Jamaica Anti-Doping Commission

1 The Commission shall consist of the following mem krs-

(a) not less than nine md not more than thirteen persons who theMinister is satisfied am of high integrity and able to exercise soundjudgment in faz8filling their responsibilities under this Act

(heminafter r e f e d to asappointed memkmsn)

(b) the Executive Director of the Commission and the PemmentSempary or his nominee (heminailer r e f e d to as ex-officiomembers)

2 The appointed members of the Commission shall be appointed by theMinister by instrument in writing and shall subject to the provisions of thisSchedule hold office for a pmisd of three years

3 Every appointed member shall be eligible for re-appointment

4 4 1 ) The Minister shdl appoint a chairman and a deputy chairman fromamong the appointed members

(2) ln the case of absence or inability to act of the chaiman thedeputy chairman shall perform the functions of the chaiman

(3) In the case of absence or inability to act of both the chairman and

deputy chairman the Minister may appoint any other member to perform thefunctions of the chairman or as he case may be the deputy chairman duringsuch absence or incapacity

5 If any member is absent or unable to pedorm his duties due to absenceor illness the Minister may appoint any person to act in the place of that

member so however that such appointment shall be made in the m emanner and fiom among the same category of p o n s as would be requiredin the case of a substantive appointment

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

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

(6) is convicted and sentenced to a tenn of imprisonment

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

(4 ngages in such activities as are reasonably consided prejudicialto the interest of the Commission

[The i a h h n cP Ibb amp aulborired by LN i23fZOlll

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M I- D O P IN G IN SPORT 29

7 Thew shall be paid to the members of the Commission such ~mlanaretfol~

remuneration (whether by way of honowriurn salary fees or allowances) as of^^

the Minister with responsibility for the public service may determine

8 Fiye members of the Commission shall form a quorum at any m m

meeting

9 - 4 1 ) An appointed member other than the chahan may at any time Resignation

resign his office by instrument in writing addressed to the Minister and

transmitted through the chairman and fiom the date of receipt by the Minister

of such instrument that person shall cease to be a member

(2) The chairman may at any time resign his office by instrument

in writing addressed to the Minister and such resignation shallrtake eflst

as from the date of receipt by the Minister of that insitmment

10 If any vacancy occurs in the membership of the Commission Fillingof

such vacancy shall be filled by the appointment of another member vrmcmcics

B 1 4 1) No p w i n g s shall be brought or instituted before any co w or meah

tribunal personally against any member of the Commission in respect of my of ~~~act done bonaflde in pursuance or execution or intended execution of this

A n

(2) Where any member is exempt from liability by reason only ofthe provisions of this paragraph the Commission shall be liable to the extent

that it would be if that member were an employee or agent of the

Commission

I f The names of all members of the Commissionas first constimed and Gazetting of

every change therein shall be published in the Gazette ~ h h i p

Administrbrion and Fdnance

1341) The Commission shall appoint and employ at such remuneration ampin-8

and on such terms and conditions as it thinks fit an Executive Director a zySecretary and such other officers employees and agents as it considers mflom

necessary for q e proper carrying out of its functions

(2) Notwithstanding sub-paragraph (1)-

(a) a salary in excess of the prescribed rate shall not be assigned to

any post without the prior approval of the Minister and

(b) an appointment shall not be made to any post to which a salary in

excess of the prescribed rate is assigned without the prior approval

of the Minister

(3) In this section prescribed me means such rate as thk

Minister with responsibility for the public service may by order prescribe

IThe lndluioe of this pap is authorired by LN 1232011(

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38 M-DOPING N SPORT

W i 14 The Commission may with the written appmval of the Minister-gmwitksmd

~iharuirimg (a) enter into ammgements respecting schemes whether by way of

bencri insurance policies of otherwise or(6) make regulations

for medical h e f i 4 pensions gratuities and other retiring benefits ordisability or death benefits relating to employees of the Commission andsuch arrangements or regulations may include provisions for the g m t ofbenefits to the dependants and the legal personal representatives of suchemployees

Fundo lad 1 5 4 1) The dunds and resources of the Commission shall consist of-fsaufca ofC g m n i h (a) such funds as may be provided by Parliament for the Commission

in the annual Estimates of Revenue and Expenditum

(b) revenues ampom fees and charges impsed by the Commission form y -ices p d d d by it or the use of any facility

(c) s ~ c h m s as may beallocated b m time to time to theCommission b m esearch or education gmts or fiwm loan fundsand

(d)all o t h a m s r property which may in any manner becomepayable to or vested in the Commission in respect of any matterincidental to its functions

(2) The expenses of the Commission including the remunerationof members md employees shall be paid out of the funds of theCommission

~BDPKCDLO 16 All moneys s f the Commission not q u i r e d to be expended fork v a the purpose of meeting any of the obligations or discharging any of them finctions of the Commission may be invested in such securities as the

Commission may afier consultation with the Minister responsible forfinance consider appropriate and the Commission may sell all or any of suchsecurities

d 17---(I) The Commission shall keep proper accounts and other records inmlation to its business and shall prepare mually in msgect of each financialyear a statement of accounts in a form satisfactory to the Minister beinga form which eon foms with established accounting principles

(2) The accounts of the Commission shall be audited annually by anauditor or auditors appointed by the Commission and approved by theMinis-

(3) The members ofticers and employees ofthe Commission shall-

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ANTI-DOPING IN SPORT 3 1

(a) grant to the auditor appointed under sub-paragraph (2) accessto all books documents cash and securities of the Commissionand

(b) give to the auditor on request all such information as may be

within their knowledge in relation to the Commissions operations

(4) The auditors fees and any expenses of the audit shall be paid bythe Commission

(5) The Auditor-General shall be entitled at all reasonable times toexamine the accounts and other records in relation to the business of theCommission

l8-(l) The Commission shall within six months afterthe end of each A n n d

financial year or within such longer priod as the Minister may in spcialcircumstances allow cause to be made and transmit to the Minister a regort edi-

dealing generally with the activities of the Commission during the precedingyear including-

(a) a statement of its accounts audited in accordance with paragraph 17

(b) a statement of the outcomes and findings of its annual testing

programme including satis tical information on-(i) the provision of samples by athletes

(ii) the testing of samples so provided and

(iii) the extent of the participation of ~ a ti o na l sportingorganizations in testing programmes operated or suppofldby the Commission

(c) the results of Anti-Doping research undertaken by or supported bythe Commission

(4 summary of the education and public information programmesundertaken by or supported by the Commission and

(e) particulars of the extent to which the Commission has compllidwith and achieved the objectives of any sb-ategic plan and theoperational plan in force during the financial year to which theregort relates

(2) The Minister shall cause copies of the report together with the

a n n u l statement of accounts and the auditors report thereon to belaid on theTable of the House of Representatives and of the Senate

(3) The Commission shall before a date specified by the Minisampsubmit to the Minister for his approval estimates of revenue and expenditurefor the ensuing year

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32 ANTI-DOFING IN SPORT

Exemption 1 The income of the Commission shall be exempt fiom incomefminsome

tax

SECOND CHEDULE (Seaion 18)

Constirution of h e Jamaica Awi-Dop ing Disciplinary Panel

Cm d t u t h 141) The Disciplinary Panel shall consist of not more than nineOf Discipi- persons appointed as fol~ows-nsr)Pawl

(a) m chairman and two vice chairmen each of whom shall be legal

practitioners of not less than 18 years of experience

(b) three persons each of whom has been duly qualified medical

practitioners for not less than five years

(el three additioilal members each of whom shall be or has previously

been a spaas administrator or an athlete

(2) The chairman or in his absence the vice chairman shall

appoint three members frsm the panel to hear and determine each case

(3) Every hearing shall comprise of the chairman or a vice chairman

as chairman of the hearing panel one medical pmctitioner member and one- sp rt s dminismtosor athlete member

Tenurecf 2 The members shall be a~pointedby the Minister by instrument inofiw w-riting md shall subject to the provisions of this Schedule hold ofice for a

period of three years

lp 3 Every member shall be eligible for re-a~pointment

qipkmlm

~c t i ng 4 If my member is absent or unable to act the Minister may appoint anyWiatmesrtscerson to act in the glace of that member so however that such appointment

shdl be made in the same manner and frsm among the same category of

persons as would be required in h e case of a substantive appointment

Ip-b 5 The Minister may at any time revoke the appointment of any member

of the Disciplil~~~jymel if such member-8mm

(a) becomes ~f unsound mind or becomes pemanently unable to

p f o m his frsnctions by reason of i l l health

(b) is wnvicted and sentencedto a term of imprisonment

(6 ) hils withotit peasonable excuse to carny out any of the functions

m L d r ionposed on him under this Act or

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ANTI-DOPING IN SPORT 33

( 8 ) engages in such activities as are reasonably considered prejudicialto the interest of the Commission

16 There shall be paid to the members of the Disciplinary Panel such Remuneration

remuneration (whether by way of honorarium salary fees or allowances) as ofmembersthe Minister may determine

7 - (1 ) Any member other than the chairman may at any time resign Resignation

his office by instrument in writing addressed to the Minister and transmittedthrough the chairman and from the date of receipt by the Minister of suchinstrument that person shall cease to be a member

(2) The chairman may at any time resign his office by instrument

in writing addressed to the Minister and such resignation shall take effect asfrom the date of receipt by the Minister of that instrument

8 If any vacancy occurs in the membership of the Disciplinary Panel Fillingof

such vacancy shall be filled by the appointment of another member so vacancies

however that such appointment shall be made in the same manner and fromthe same category of persons as would be required in the case of the originalappointment

9 - ( l ) No proceedings shall be brought or instituted before any court or htection

tribunal personally against any member of the Disciplinary Panel in respect ofmembers

of any act done bo na jide in pursuance or execution or intended execution ofthis Act

(2) Where any member is exempt from liability by reason only ofthe provisions of this paragraph the Disciplinary Panel shall be liable to theextent that it would be if that member were an employee or agent of theDisciplinary Panel

10 The names of all members of the Disciplinary Panel sas first Gazettingof

constituted and every change therein shall be published in the Gazette membership

THIfttl SCHEDULE (Section 22)

Constitutionof the Jamaica Anti-Doping Appeals Tribunal

1 The Appeals Tribunal shall consist of sir person- ConstitutionofAppeals

(a) a chairman and vice-chairman k i n g both persons who have Panel

served as either a Judge of the Court of Appeal or of the SupremeCourt

lTbe Indunion or (bb page b rmthoritcd by LN IUnO l l l

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ANTILDOPING IiV SPORT

(b) persons who have served in-

Actingwepombmnts

Revocationof

appointment

Remunetation

Resignation

Filling ofvacancies

(i) the post of a Director of Public Prosecutions or a senior

member of staff of the Office of the Director of PublicProsecutions

(ii) sports administration for at least ten years

(iii) sports medicine for at least ten years

2 The members of the Appeals Tribunal shall be appointed by theMinister by instrument in writing and shall subject to the provisions of thisSchedule hold office for a period of three years

3 Every member shall be eligible for re-appointment

4 If any member of the Appeals Tniunal is absent or unable to performhis duties the Minister may appoint any person to act in the place of thatmember so however that such appointment shall be made in the samemanner and h m mong the same category of persons as would be requiredin the case of a substantive appointment

5 The Minister may at any time revoke the appointment of any memberof theCommission if such member-

(a) becomes of unsound mind or becomes pe-rmanently unable toperform his functions by w o n of i l l health

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

(c) fails without reasonable excuse to cany out any of the functionsconferred or imposed on him under this Act or

(4 ngages in such activities as are reasonably considered prejudicialto the interest of the Commission

6 There shall be paid to the members of the Appeals Tribunal suchremuneration (whether by way of honorarium salary fees or allowances) asthe Minister may determine

7-41) Any member other than the chairman may at any time resign hisoffice by instrument in writing addressed to the Minister and transmittedthrough the chairman and from the date of receipt by the Minister of suchinstrument that person shall cease to be a member

(2) The chairman may at any time resign his oflice by instrument inwriting addressed to the Minister and such resignation shall take effect asfrom the date of receipt by the Minister of that instrument

8 If any vacancy occurs in the membership of the Appeals Tribunal suchvacancy shall be filled by the appointment of another member so however

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ANTI-DOPING IN SPORT

that such appointment shall be made in the same manner and h m he samecategory of persons as would be required in the case of the original

appointment9+1) No proceedings shall be brought or instituted before any court Rotection

or tribunal personally against any member of the Appeals Tribunal in respect of members

of any act done bonafide in pursuance or execution or intended execution ofthis Act

(2) Where any member is exempt from liability by reason only of theprovisions of this paragraph the Appeals Tribunal shall be liable to theextent that it would be if that member were an employee or agent of the

Appeals Tribunal10 The names of all members of the Appeals Tribunal as first constituted Gazatingof

and every change therein shall be published in the Gmette Membenhip

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ANTI-DOPING IN SPORT 19

10--(I) Except in any case where an athlete holds a ~nti- oping

Therapeutic Use Exemption Certificate and is in compliance

with the terms of such Therapeutic Use Exemption Certificatethe athlete shall be liable for the presence of any prohibitedsubstance or its metabolites or markers found in his body

(2) Subject to the exception mentioned in subsection(I) a reference in this Act to an Anti-Doping Rules violationshall mean any one of the following-

(a) the presence of a prohibited substance or its meta-bolites or markers in an athletes specimen

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

(c ) refusing or failing without compelling justification tosubmit sample collection after notification asauthorized in applicable Anti-Doping rules or

otherwise evading sample collection(4 violation of applicable requirements regarding athlete

availability for out-of-competition testing includingfailure to provide required whereabouts informationand missed tests which are declared based onreasonable rules which comply with the InternationalStandard for testing

(e) tampering or attempting to tamper with any part ofdoping control

V) possession of prohibited substances or prohibitedmethods

(g) trafficking in any prohibited substance or prohibitedmethod

(h) administration or attempted administration of aprohibited substance or prohibited method to anyathlete or assisting encouraging aiding abettingcovering up or any type of complicity involving anAnti-Doping Rules violation or any attemptedviolation

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ANTI-DOPING lA SPORT

Therapeutic Use Exemption

Therapeutic

use81-41) An athlete with a medical condition requiring the

Exemption use of a Prohibited Substance or Prohibited Method shall firstCmihk obtain a Therapeutic Use Exemption Certificate in accordance

with the provisions of this Act the Anti-Doping Rules and theInternational Standard for Therapeutic Use Exemption fromJADCO TUEC or as the case may require the internationalsporting federation under whose control the athletecompetes

(2) Notwithstanding the provisions of subsection (I) aninternational-level athlete or athlete who participates ininternational events shall apply to the international sportingfederation concerned for the Therapeutic Use ExemptionCertificate except in emergency situations no later than twenty-one days before the athletes participation in an internationalsporting event or otherwise provided for in the Anti-Doping

rules of that international sporting federation and provide toJADCO TUEC a copy of such aun application prior to theinternational event

(3) The application for a Therapeutic Use ExemptionCertificate ampom an athlete shall--

(a) be made immediately after the athlete becomes awarethat the use of a Prohibited Substance or Prohibited

Method is required and

(b) subject to any circumstance of emergency be obtainedprior to the athletes participation in any competitionor event

(4) Where an athlete who is subject to testing and hasbeen granted a Therapeutic Use Exemption Certificate by aninternational sporting federation the athlete shall immediately

report the granting of the Therapeutic Use Exemption Certificateto WADA JADCO TUEC and to the relevant national sportingorganization and shall provide to JADCO TUEC all the relevantif in n a ti o n and documentation

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ANTI-DOPING IN SPORT

(5)Every national level athlete and athleteparticipating in national events shall obtain a Therapeutic Use

Exemption Certificate fiom the SAIDCO TUEC unless such anathlete has previously received a Therapeutic Use ExemptionCertificate fiom can international sporting federation md suchTherapeutic Use Exemption Certificate is still vdid and thegrant of which has been previously reported to the JADCOTUEC and the Commission

1241) An application for a Therapeutic Use Exemption Application

Certificate to the JAIDCO TUEC shall be made in accordance Ezmwwith the International Standard for Therapeutic Use Exemption withinternational

(2) The athlete on whose behalf the application has

been made shdl provide written consent for the transmissionof-

(a) d l information pertaining to the application to theSADCO WEC and as required other independent

medical or scientific experts and to all necessary staffinvolved in the management or review of TherapeuticUse Exemptions

(b) the decision of SAC0 TUEC to be distributed toWAIDA and to other relevant Anti-Doping Orghzza-tions under the provisions of the Code

1341) The Coxnmission shall appoint a Committee to bew i n - 8

of aheknown as he J m d c a Anti-Doping Therapeutic Use Exemption -Committee (in this Act known as JADCO PPJIEC)consisting aherapeuaic

of six duly qualified medical practitioners Use

Exemlptiowcommittee

(2) The appointment of every member of the JADCOTUEC shall be evidenced by an instrument in writing whichshall state the period of o fi ce of the member not e x d i n gthree y e m as the Commission may specify in the instrument

and each member shall be eligible for re-appointment

(3) The Commission shall appoint one of the membersof the JADCO TUEC to be the Chairperson thereof

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ANTI-DOPING IN SPORT

Fampons

of JADCOTUEC

NotificationofTherapeuticUseExemption

WADA mayreview andrevmeTUECertificate

(4) The JADCO TUEC sh dl act independently of theCommission and shall not have any other official responsibility

within the Commission(5) Where any member of the JADCO FUEC is

connected with an athlete (having regkd to their familialbusiness or other relationship) or has an interest in any nationalsporting organization or international sporting federation such amember is excluded fiom considering any application forTherapeutic Use Exemption fiom that athlete or as the case maybe any athlete who is a member or participant in a sporiing eventorganized or sanctioned by the international sporting federationor national sporting organization in which he has an interest

14 The hcc tions of the JADCO TUEC shall be to-

(a) receive and exmine applications from national-levelathletes for Therapeutic Use Exemption Certificates

(6) g m t Therapeutic Use Exemption Certificates

(c) revoke Therapeutic Use Exemption Certificates

(4 perform any other fipnctions that are conferred orimposed on it by this Act

15--(I) The JADCO TUEC shall promptly notify theCommission of its decision to grant a Therapeutic UseExemption Certificate

(2) The Commission upon being notified by JADCOTUEC of the grant of a Therapeutic Use Exemption Certificateshall notify WADA thereof

16 Where the JADCO TUEC has made a decision to grantor deny the grant of a Therapeutic Use Exemption Certificate toan athlete WADA at the request of the athlete or on its own initiative may review the p t r denial of the Therapeutic UseExemption Certificate and where WADA determines that the

granting or denial of such Therapeutic Use ExemptionCertificate did not comply with the International Standard forTherapeutic Use Exemption in force at the time then WADAmay reverse the decision to grant or deny the Therapeutic Use

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ANTI-DOPING IN SPORT

Exemption Certificate

17 Tlhe C O ~ I ~ S S ~ O ~hall tecognk the results of laboratory Recognition

d y s i s by other anti-doping organizations once conducted in 0 2 f t ~ faccordance with the WADA International Standard for Dopin

Testing o l g a n d ~ n ~

PART W isciplinary Panel Appeals

18 There is established for the purposes of this Act a M y listm mat

to be d l e d the Jamaica Anti-Doping Disciplinary Panel and theprovisions of the Second Schedule shall have effect as to the hti- oping

constitution and pmcedw of the Disciplinary Panel and Fzhqotherwise in relation thereto second

Schedule

19 Where it appears that there has been an Anti-Doping CommissionI 0der

Rules violation the Commission shall refa the matter to theDisciplinary Panel hearing

20--41) The functions of the Disciplinary Panel shall be Functi0mof

to- the Anti-Doping~ i amp i amp n q

( a ) receive examine and hear evidence relating to an -I

Anti-Doping R des violation

(8) conduct disciplinary hearings related to Anti-DopingRules violations referred to it by the Commission

( c ) determine whether a violation of the Anti-DopingRules has occurred

(4mpose consequences of Anti-Doping Rules yiola-tions

( e ) perfom any other functions that are conferred orimposed on the Disciplinary Panel by this Act

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ANT-DOPINGIN SPORT

EstablishmentofJamaicaAnti-DopingAppealsTribunalThirdSchedule

(2) The Disciplinary Panel shdl consequent onreceiving a written reference h m he Commission asserting an

Anti-Doping rules violation-

(a) within fourteen days of the date of receipt of thereference commence a hearing

(b) within twenty days of the date of receipt of thereference issue a written decision

(c ) within thirty days of the date of receipt of the

reference issue written reasons for the decision givenin paragraph (b)

2 1 4 1 ) Subject to section 23 where-

(a) any athlete or other person who is the subject of thedecision being ap p d e d

(b) the C om iss io n

(c ) the relevant international sporting federation

(8 ) relevant nationd sporting organization

(e) the Jamaica Olympic Association

WADA

is aggrieved by a decision of the Disciplinary Panel that personor body may witkin fourteen days of the decision of theDisciplinary Panel and in the prescribed m m e r lodge magpeal with the Appeds Tribunal established under section 22against any decision of the Disciplinary Panel

(2) Every decision of the Disciplinary Pm el in respectof a Anti-Doping Rules violation shdl remain in effect duringthe appeal process unless the Appeal Tribunal otherwiseorders

2 2 4 1 ) For the purposes of an appeal under section 21there is hereby established an Appeds Tribunal to be calledthe Jamaica Anti-Doping Appeals Tribunal constituted inaccordance with the Third Schedule

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ANTI-DOPIAG IN SPORT

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

(a) PO hear and determine issues arising fiom a decision ofthe Disciplinary Panel-

(i) that an Anti-Doping Rules violation wascommitted

(ii) imposing consequences of an Anti- DopingRules violation

(iii) ohat ara Anti-Doping Rules violation was not

committed(iv) that an anti-doping orgmimtion lacks

jurisdiction to rule on an Anti-Doping Rulesviolation or consequences of rn Anti-DopingRules violation

(v) to impose a provisional suspension as a result

of a paovisiond hearing

(b ) to determine the consequences of an Anti-DopingR d es violation to to mposed

(c) to perform any other hctions hat me c o n f e d orimposed on the Appeals T r i b d by virtue of this Act

(3) The Appeds T r i b d shdl consequent on thelodging of an appeal under subsection (1)-

(a) within twenty-one days of lodging receive h a mdex m in e the evidence relating to the ap

(b) within thirty days of the date of lodging issue ao

written decision

(c) within sixty days of the date of l dgin g issue writtenreasons for the decision

(4) kra appeal shdl not in its entirety exceed three

months except in extenuating c k w n a m c e s

23 M e r e an appeal is in respect of an i n t e m ~ o dvent ~ S O F

iclkrdonellor a m e nvolving an nternational-level athlete the decision of amp

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ANTI-DOPING IN SPORT

the Disciplinary Panel may k appealed directly to the Court ofArbitration

Apr of 24-41) Any decision by WADA reversing the grant of aTherapeutic Use Exemption Certificate or as the case be the

d refusal to grant may be appealed directly by the athlete or theUw

~xwptimCommission to the Court of Arbitration

M B e (2) Where an international-level athlete has made an

application for a Therapeutic Use Exemption Certificate andthe international sporting federation has reksed to grarnt

such Therapeutic Use Exemption Certificate the athlete mayappeal exclusively to the Court of Arbitration in respect ofthe refusal to grant the Therapeutic Use ExemptionCertificate

(3) Where the JADCO TUEC has refused to grant aTherapeutic Use Exemption Certificate to a national-levelathlete the athlete may make an appeal to the Appeals Tribunal

(4) Where the Appeals Tribunal reverses the decision ofthe JADCO TklEC to grant a Therapeutic Use ExemptionCertificate WADA may appeal to the Court of Arbitration

Miscellaneous

canmtaity 25-41) Every-

(a ) member of the Commission(b) officer m d employee of the Com is si on

(c) expert retained by the Commission to m i s t in itsinvestigations and delikrations

(4 ember of the Appeals Tribunal

(e ) member of the JADCO TUEC

V) member of the Disciplinary Panel

shall keep secret and confidential all information coming to hisknowledge in the course of the administration of this Act exceptin so far as the Commission authorizes that pason to releasethat information

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ANTI-DOPING IN SPORT

(2) Any person who contravenes subsection (1) shd lbe guilty of an offence and s M l be liable on smw

conviction in a Resident Magistrates Court to a fine notexceeding one million dollars

26-41) The Minister may make regulations generally for awlations

giving effect to the provisions of this Act and without prejudiceto the generality of the foregoing the regulations may pmvidefor-

(a) the determination and collection of fees m d charges in

connection with the exercise of the Ruactions of theCommission

(b) the keeping of such records as the Minister may

require for the pwposes of this Act

(c) the forms to be used for the ppsrposes of this Act and

(4 mything required by this Act to be prescribed

(2) Regulations made under subsection (1) may pmvidefor the imposition of a penalty on summary conviction in a

Resident Magistrates Cowt of a fine not ex ce din g one milliondollars or a term of imprisonment not e x d i n g six months orboth such fine and imprisonment

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Constitution and Procedure of the Jamaica Anti-Doping Commission

1 The Commission shall consist of the following mem krs-

(a) not less than nine md not more than thirteen persons who theMinister is satisfied am of high integrity and able to exercise soundjudgment in faz8filling their responsibilities under this Act

(heminafter r e f e d to asappointed memkmsn)

(b) the Executive Director of the Commission and the PemmentSempary or his nominee (heminailer r e f e d to as ex-officiomembers)

2 The appointed members of the Commission shall be appointed by theMinister by instrument in writing and shall subject to the provisions of thisSchedule hold office for a pmisd of three years

3 Every appointed member shall be eligible for re-appointment

4 4 1 ) The Minister shdl appoint a chairman and a deputy chairman fromamong the appointed members

(2) ln the case of absence or inability to act of the chaiman thedeputy chairman shall perform the functions of the chaiman

(3) In the case of absence or inability to act of both the chairman and

deputy chairman the Minister may appoint any other member to perform thefunctions of the chairman or as he case may be the deputy chairman duringsuch absence or incapacity

5 If any member is absent or unable to pedorm his duties due to absenceor illness the Minister may appoint any person to act in the place of that

member so however that such appointment shall be made in the m emanner and fiom among the same category of p o n s as would be requiredin the case of a substantive appointment

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

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

(6) is convicted and sentenced to a tenn of imprisonment

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

(4 ngages in such activities as are reasonably consided prejudicialto the interest of the Commission

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M I- D O P IN G IN SPORT 29

7 Thew shall be paid to the members of the Commission such ~mlanaretfol~

remuneration (whether by way of honowriurn salary fees or allowances) as of^^

the Minister with responsibility for the public service may determine

8 Fiye members of the Commission shall form a quorum at any m m

meeting

9 - 4 1 ) An appointed member other than the chahan may at any time Resignation

resign his office by instrument in writing addressed to the Minister and

transmitted through the chairman and fiom the date of receipt by the Minister

of such instrument that person shall cease to be a member

(2) The chairman may at any time resign his office by instrument

in writing addressed to the Minister and such resignation shallrtake eflst

as from the date of receipt by the Minister of that insitmment

10 If any vacancy occurs in the membership of the Commission Fillingof

such vacancy shall be filled by the appointment of another member vrmcmcics

B 1 4 1) No p w i n g s shall be brought or instituted before any co w or meah

tribunal personally against any member of the Commission in respect of my of ~~~act done bonaflde in pursuance or execution or intended execution of this

A n

(2) Where any member is exempt from liability by reason only ofthe provisions of this paragraph the Commission shall be liable to the extent

that it would be if that member were an employee or agent of the

Commission

I f The names of all members of the Commissionas first constimed and Gazetting of

every change therein shall be published in the Gazette ~ h h i p

Administrbrion and Fdnance

1341) The Commission shall appoint and employ at such remuneration ampin-8

and on such terms and conditions as it thinks fit an Executive Director a zySecretary and such other officers employees and agents as it considers mflom

necessary for q e proper carrying out of its functions

(2) Notwithstanding sub-paragraph (1)-

(a) a salary in excess of the prescribed rate shall not be assigned to

any post without the prior approval of the Minister and

(b) an appointment shall not be made to any post to which a salary in

excess of the prescribed rate is assigned without the prior approval

of the Minister

(3) In this section prescribed me means such rate as thk

Minister with responsibility for the public service may by order prescribe

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38 M-DOPING N SPORT

W i 14 The Commission may with the written appmval of the Minister-gmwitksmd

~iharuirimg (a) enter into ammgements respecting schemes whether by way of

bencri insurance policies of otherwise or(6) make regulations

for medical h e f i 4 pensions gratuities and other retiring benefits ordisability or death benefits relating to employees of the Commission andsuch arrangements or regulations may include provisions for the g m t ofbenefits to the dependants and the legal personal representatives of suchemployees

Fundo lad 1 5 4 1) The dunds and resources of the Commission shall consist of-fsaufca ofC g m n i h (a) such funds as may be provided by Parliament for the Commission

in the annual Estimates of Revenue and Expenditum

(b) revenues ampom fees and charges impsed by the Commission form y -ices p d d d by it or the use of any facility

(c) s ~ c h m s as may beallocated b m time to time to theCommission b m esearch or education gmts or fiwm loan fundsand

(d)all o t h a m s r property which may in any manner becomepayable to or vested in the Commission in respect of any matterincidental to its functions

(2) The expenses of the Commission including the remunerationof members md employees shall be paid out of the funds of theCommission

~BDPKCDLO 16 All moneys s f the Commission not q u i r e d to be expended fork v a the purpose of meeting any of the obligations or discharging any of them finctions of the Commission may be invested in such securities as the

Commission may afier consultation with the Minister responsible forfinance consider appropriate and the Commission may sell all or any of suchsecurities

d 17---(I) The Commission shall keep proper accounts and other records inmlation to its business and shall prepare mually in msgect of each financialyear a statement of accounts in a form satisfactory to the Minister beinga form which eon foms with established accounting principles

(2) The accounts of the Commission shall be audited annually by anauditor or auditors appointed by the Commission and approved by theMinis-

(3) The members ofticers and employees ofthe Commission shall-

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ANTI-DOPING IN SPORT 3 1

(a) grant to the auditor appointed under sub-paragraph (2) accessto all books documents cash and securities of the Commissionand

(b) give to the auditor on request all such information as may be

within their knowledge in relation to the Commissions operations

(4) The auditors fees and any expenses of the audit shall be paid bythe Commission

(5) The Auditor-General shall be entitled at all reasonable times toexamine the accounts and other records in relation to the business of theCommission

l8-(l) The Commission shall within six months afterthe end of each A n n d

financial year or within such longer priod as the Minister may in spcialcircumstances allow cause to be made and transmit to the Minister a regort edi-

dealing generally with the activities of the Commission during the precedingyear including-

(a) a statement of its accounts audited in accordance with paragraph 17

(b) a statement of the outcomes and findings of its annual testing

programme including satis tical information on-(i) the provision of samples by athletes

(ii) the testing of samples so provided and

(iii) the extent of the participation of ~ a ti o na l sportingorganizations in testing programmes operated or suppofldby the Commission

(c) the results of Anti-Doping research undertaken by or supported bythe Commission

(4 summary of the education and public information programmesundertaken by or supported by the Commission and

(e) particulars of the extent to which the Commission has compllidwith and achieved the objectives of any sb-ategic plan and theoperational plan in force during the financial year to which theregort relates

(2) The Minister shall cause copies of the report together with the

a n n u l statement of accounts and the auditors report thereon to belaid on theTable of the House of Representatives and of the Senate

(3) The Commission shall before a date specified by the Minisampsubmit to the Minister for his approval estimates of revenue and expenditurefor the ensuing year

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32 ANTI-DOFING IN SPORT

Exemption 1 The income of the Commission shall be exempt fiom incomefminsome

tax

SECOND CHEDULE (Seaion 18)

Constirution of h e Jamaica Awi-Dop ing Disciplinary Panel

Cm d t u t h 141) The Disciplinary Panel shall consist of not more than nineOf Discipi- persons appointed as fol~ows-nsr)Pawl

(a) m chairman and two vice chairmen each of whom shall be legal

practitioners of not less than 18 years of experience

(b) three persons each of whom has been duly qualified medical

practitioners for not less than five years

(el three additioilal members each of whom shall be or has previously

been a spaas administrator or an athlete

(2) The chairman or in his absence the vice chairman shall

appoint three members frsm the panel to hear and determine each case

(3) Every hearing shall comprise of the chairman or a vice chairman

as chairman of the hearing panel one medical pmctitioner member and one- sp rt s dminismtosor athlete member

Tenurecf 2 The members shall be a~pointedby the Minister by instrument inofiw w-riting md shall subject to the provisions of this Schedule hold ofice for a

period of three years

lp 3 Every member shall be eligible for re-a~pointment

qipkmlm

~c t i ng 4 If my member is absent or unable to act the Minister may appoint anyWiatmesrtscerson to act in the glace of that member so however that such appointment

shdl be made in the same manner and frsm among the same category of

persons as would be required in h e case of a substantive appointment

Ip-b 5 The Minister may at any time revoke the appointment of any member

of the Disciplil~~~jymel if such member-8mm

(a) becomes ~f unsound mind or becomes pemanently unable to

p f o m his frsnctions by reason of i l l health

(b) is wnvicted and sentencedto a term of imprisonment

(6 ) hils withotit peasonable excuse to carny out any of the functions

m L d r ionposed on him under this Act or

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ANTI-DOPING IN SPORT 33

( 8 ) engages in such activities as are reasonably considered prejudicialto the interest of the Commission

16 There shall be paid to the members of the Disciplinary Panel such Remuneration

remuneration (whether by way of honorarium salary fees or allowances) as ofmembersthe Minister may determine

7 - (1 ) Any member other than the chairman may at any time resign Resignation

his office by instrument in writing addressed to the Minister and transmittedthrough the chairman and from the date of receipt by the Minister of suchinstrument that person shall cease to be a member

(2) The chairman may at any time resign his office by instrument

in writing addressed to the Minister and such resignation shall take effect asfrom the date of receipt by the Minister of that instrument

8 If any vacancy occurs in the membership of the Disciplinary Panel Fillingof

such vacancy shall be filled by the appointment of another member so vacancies

however that such appointment shall be made in the same manner and fromthe same category of persons as would be required in the case of the originalappointment

9 - ( l ) No proceedings shall be brought or instituted before any court or htection

tribunal personally against any member of the Disciplinary Panel in respect ofmembers

of any act done bo na jide in pursuance or execution or intended execution ofthis Act

(2) Where any member is exempt from liability by reason only ofthe provisions of this paragraph the Disciplinary Panel shall be liable to theextent that it would be if that member were an employee or agent of theDisciplinary Panel

10 The names of all members of the Disciplinary Panel sas first Gazettingof

constituted and every change therein shall be published in the Gazette membership

THIfttl SCHEDULE (Section 22)

Constitutionof the Jamaica Anti-Doping Appeals Tribunal

1 The Appeals Tribunal shall consist of sir person- ConstitutionofAppeals

(a) a chairman and vice-chairman k i n g both persons who have Panel

served as either a Judge of the Court of Appeal or of the SupremeCourt

lTbe Indunion or (bb page b rmthoritcd by LN IUnO l l l

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ANTILDOPING IiV SPORT

(b) persons who have served in-

Actingwepombmnts

Revocationof

appointment

Remunetation

Resignation

Filling ofvacancies

(i) the post of a Director of Public Prosecutions or a senior

member of staff of the Office of the Director of PublicProsecutions

(ii) sports administration for at least ten years

(iii) sports medicine for at least ten years

2 The members of the Appeals Tribunal shall be appointed by theMinister by instrument in writing and shall subject to the provisions of thisSchedule hold office for a period of three years

3 Every member shall be eligible for re-appointment

4 If any member of the Appeals Tniunal is absent or unable to performhis duties the Minister may appoint any person to act in the place of thatmember so however that such appointment shall be made in the samemanner and h m mong the same category of persons as would be requiredin the case of a substantive appointment

5 The Minister may at any time revoke the appointment of any memberof theCommission if such member-

(a) becomes of unsound mind or becomes pe-rmanently unable toperform his functions by w o n of i l l health

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

(c) fails without reasonable excuse to cany out any of the functionsconferred or imposed on him under this Act or

(4 ngages in such activities as are reasonably considered prejudicialto the interest of the Commission

6 There shall be paid to the members of the Appeals Tribunal suchremuneration (whether by way of honorarium salary fees or allowances) asthe Minister may determine

7-41) Any member other than the chairman may at any time resign hisoffice by instrument in writing addressed to the Minister and transmittedthrough the chairman and from the date of receipt by the Minister of suchinstrument that person shall cease to be a member

(2) The chairman may at any time resign his oflice by instrument inwriting addressed to the Minister and such resignation shall take effect asfrom the date of receipt by the Minister of that instrument

8 If any vacancy occurs in the membership of the Appeals Tribunal suchvacancy shall be filled by the appointment of another member so however

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ANTI-DOPING IN SPORT

that such appointment shall be made in the same manner and h m he samecategory of persons as would be required in the case of the original

appointment9+1) No proceedings shall be brought or instituted before any court Rotection

or tribunal personally against any member of the Appeals Tribunal in respect of members

of any act done bonafide in pursuance or execution or intended execution ofthis Act

(2) Where any member is exempt from liability by reason only of theprovisions of this paragraph the Appeals Tribunal shall be liable to theextent that it would be if that member were an employee or agent of the

Appeals Tribunal10 The names of all members of the Appeals Tribunal as first constituted Gazatingof

and every change therein shall be published in the Gmette Membenhip

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Therapeutic Use Exemption

Therapeutic

use81-41) An athlete with a medical condition requiring the

Exemption use of a Prohibited Substance or Prohibited Method shall firstCmihk obtain a Therapeutic Use Exemption Certificate in accordance

with the provisions of this Act the Anti-Doping Rules and theInternational Standard for Therapeutic Use Exemption fromJADCO TUEC or as the case may require the internationalsporting federation under whose control the athletecompetes

(2) Notwithstanding the provisions of subsection (I) aninternational-level athlete or athlete who participates ininternational events shall apply to the international sportingfederation concerned for the Therapeutic Use ExemptionCertificate except in emergency situations no later than twenty-one days before the athletes participation in an internationalsporting event or otherwise provided for in the Anti-Doping

rules of that international sporting federation and provide toJADCO TUEC a copy of such aun application prior to theinternational event

(3) The application for a Therapeutic Use ExemptionCertificate ampom an athlete shall--

(a) be made immediately after the athlete becomes awarethat the use of a Prohibited Substance or Prohibited

Method is required and

(b) subject to any circumstance of emergency be obtainedprior to the athletes participation in any competitionor event

(4) Where an athlete who is subject to testing and hasbeen granted a Therapeutic Use Exemption Certificate by aninternational sporting federation the athlete shall immediately

report the granting of the Therapeutic Use Exemption Certificateto WADA JADCO TUEC and to the relevant national sportingorganization and shall provide to JADCO TUEC all the relevantif in n a ti o n and documentation

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ANTI-DOPING IN SPORT

(5)Every national level athlete and athleteparticipating in national events shall obtain a Therapeutic Use

Exemption Certificate fiom the SAIDCO TUEC unless such anathlete has previously received a Therapeutic Use ExemptionCertificate fiom can international sporting federation md suchTherapeutic Use Exemption Certificate is still vdid and thegrant of which has been previously reported to the JADCOTUEC and the Commission

1241) An application for a Therapeutic Use Exemption Application

Certificate to the JAIDCO TUEC shall be made in accordance Ezmwwith the International Standard for Therapeutic Use Exemption withinternational

(2) The athlete on whose behalf the application has

been made shdl provide written consent for the transmissionof-

(a) d l information pertaining to the application to theSADCO WEC and as required other independent

medical or scientific experts and to all necessary staffinvolved in the management or review of TherapeuticUse Exemptions

(b) the decision of SAC0 TUEC to be distributed toWAIDA and to other relevant Anti-Doping Orghzza-tions under the provisions of the Code

1341) The Coxnmission shall appoint a Committee to bew i n - 8

of aheknown as he J m d c a Anti-Doping Therapeutic Use Exemption -Committee (in this Act known as JADCO PPJIEC)consisting aherapeuaic

of six duly qualified medical practitioners Use

Exemlptiowcommittee

(2) The appointment of every member of the JADCOTUEC shall be evidenced by an instrument in writing whichshall state the period of o fi ce of the member not e x d i n gthree y e m as the Commission may specify in the instrument

and each member shall be eligible for re-appointment

(3) The Commission shall appoint one of the membersof the JADCO TUEC to be the Chairperson thereof

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ANTI-DOPING IN SPORT

Fampons

of JADCOTUEC

NotificationofTherapeuticUseExemption

WADA mayreview andrevmeTUECertificate

(4) The JADCO TUEC sh dl act independently of theCommission and shall not have any other official responsibility

within the Commission(5) Where any member of the JADCO FUEC is

connected with an athlete (having regkd to their familialbusiness or other relationship) or has an interest in any nationalsporting organization or international sporting federation such amember is excluded fiom considering any application forTherapeutic Use Exemption fiom that athlete or as the case maybe any athlete who is a member or participant in a sporiing eventorganized or sanctioned by the international sporting federationor national sporting organization in which he has an interest

14 The hcc tions of the JADCO TUEC shall be to-

(a) receive and exmine applications from national-levelathletes for Therapeutic Use Exemption Certificates

(6) g m t Therapeutic Use Exemption Certificates

(c) revoke Therapeutic Use Exemption Certificates

(4 perform any other fipnctions that are conferred orimposed on it by this Act

15--(I) The JADCO TUEC shall promptly notify theCommission of its decision to grant a Therapeutic UseExemption Certificate

(2) The Commission upon being notified by JADCOTUEC of the grant of a Therapeutic Use Exemption Certificateshall notify WADA thereof

16 Where the JADCO TUEC has made a decision to grantor deny the grant of a Therapeutic Use Exemption Certificate toan athlete WADA at the request of the athlete or on its own initiative may review the p t r denial of the Therapeutic UseExemption Certificate and where WADA determines that the

granting or denial of such Therapeutic Use ExemptionCertificate did not comply with the International Standard forTherapeutic Use Exemption in force at the time then WADAmay reverse the decision to grant or deny the Therapeutic Use

lTbc Laclmriaa or him page b aulborized by LN 111120111

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ANTI-DOPING IN SPORT

Exemption Certificate

17 Tlhe C O ~ I ~ S S ~ O ~hall tecognk the results of laboratory Recognition

d y s i s by other anti-doping organizations once conducted in 0 2 f t ~ faccordance with the WADA International Standard for Dopin

Testing o l g a n d ~ n ~

PART W isciplinary Panel Appeals

18 There is established for the purposes of this Act a M y listm mat

to be d l e d the Jamaica Anti-Doping Disciplinary Panel and theprovisions of the Second Schedule shall have effect as to the hti- oping

constitution and pmcedw of the Disciplinary Panel and Fzhqotherwise in relation thereto second

Schedule

19 Where it appears that there has been an Anti-Doping CommissionI 0der

Rules violation the Commission shall refa the matter to theDisciplinary Panel hearing

20--41) The functions of the Disciplinary Panel shall be Functi0mof

to- the Anti-Doping~ i amp i amp n q

( a ) receive examine and hear evidence relating to an -I

Anti-Doping R des violation

(8) conduct disciplinary hearings related to Anti-DopingRules violations referred to it by the Commission

( c ) determine whether a violation of the Anti-DopingRules has occurred

(4mpose consequences of Anti-Doping Rules yiola-tions

( e ) perfom any other functions that are conferred orimposed on the Disciplinary Panel by this Act

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ANT-DOPINGIN SPORT

EstablishmentofJamaicaAnti-DopingAppealsTribunalThirdSchedule

(2) The Disciplinary Panel shdl consequent onreceiving a written reference h m he Commission asserting an

Anti-Doping rules violation-

(a) within fourteen days of the date of receipt of thereference commence a hearing

(b) within twenty days of the date of receipt of thereference issue a written decision

(c ) within thirty days of the date of receipt of the

reference issue written reasons for the decision givenin paragraph (b)

2 1 4 1 ) Subject to section 23 where-

(a) any athlete or other person who is the subject of thedecision being ap p d e d

(b) the C om iss io n

(c ) the relevant international sporting federation

(8 ) relevant nationd sporting organization

(e) the Jamaica Olympic Association

WADA

is aggrieved by a decision of the Disciplinary Panel that personor body may witkin fourteen days of the decision of theDisciplinary Panel and in the prescribed m m e r lodge magpeal with the Appeds Tribunal established under section 22against any decision of the Disciplinary Panel

(2) Every decision of the Disciplinary Pm el in respectof a Anti-Doping Rules violation shdl remain in effect duringthe appeal process unless the Appeal Tribunal otherwiseorders

2 2 4 1 ) For the purposes of an appeal under section 21there is hereby established an Appeds Tribunal to be calledthe Jamaica Anti-Doping Appeals Tribunal constituted inaccordance with the Third Schedule

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ANTI-DOPIAG IN SPORT

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

(a) PO hear and determine issues arising fiom a decision ofthe Disciplinary Panel-

(i) that an Anti-Doping Rules violation wascommitted

(ii) imposing consequences of an Anti- DopingRules violation

(iii) ohat ara Anti-Doping Rules violation was not

committed(iv) that an anti-doping orgmimtion lacks

jurisdiction to rule on an Anti-Doping Rulesviolation or consequences of rn Anti-DopingRules violation

(v) to impose a provisional suspension as a result

of a paovisiond hearing

(b ) to determine the consequences of an Anti-DopingR d es violation to to mposed

(c) to perform any other hctions hat me c o n f e d orimposed on the Appeals T r i b d by virtue of this Act

(3) The Appeds T r i b d shdl consequent on thelodging of an appeal under subsection (1)-

(a) within twenty-one days of lodging receive h a mdex m in e the evidence relating to the ap

(b) within thirty days of the date of lodging issue ao

written decision

(c) within sixty days of the date of l dgin g issue writtenreasons for the decision

(4) kra appeal shdl not in its entirety exceed three

months except in extenuating c k w n a m c e s

23 M e r e an appeal is in respect of an i n t e m ~ o dvent ~ S O F

iclkrdonellor a m e nvolving an nternational-level athlete the decision of amp

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ANTI-DOPING IN SPORT

the Disciplinary Panel may k appealed directly to the Court ofArbitration

Apr of 24-41) Any decision by WADA reversing the grant of aTherapeutic Use Exemption Certificate or as the case be the

d refusal to grant may be appealed directly by the athlete or theUw

~xwptimCommission to the Court of Arbitration

M B e (2) Where an international-level athlete has made an

application for a Therapeutic Use Exemption Certificate andthe international sporting federation has reksed to grarnt

such Therapeutic Use Exemption Certificate the athlete mayappeal exclusively to the Court of Arbitration in respect ofthe refusal to grant the Therapeutic Use ExemptionCertificate

(3) Where the JADCO TUEC has refused to grant aTherapeutic Use Exemption Certificate to a national-levelathlete the athlete may make an appeal to the Appeals Tribunal

(4) Where the Appeals Tribunal reverses the decision ofthe JADCO TklEC to grant a Therapeutic Use ExemptionCertificate WADA may appeal to the Court of Arbitration

Miscellaneous

canmtaity 25-41) Every-

(a ) member of the Commission(b) officer m d employee of the Com is si on

(c) expert retained by the Commission to m i s t in itsinvestigations and delikrations

(4 ember of the Appeals Tribunal

(e ) member of the JADCO TUEC

V) member of the Disciplinary Panel

shall keep secret and confidential all information coming to hisknowledge in the course of the administration of this Act exceptin so far as the Commission authorizes that pason to releasethat information

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ANTI-DOPING IN SPORT

(2) Any person who contravenes subsection (1) shd lbe guilty of an offence and s M l be liable on smw

conviction in a Resident Magistrates Court to a fine notexceeding one million dollars

26-41) The Minister may make regulations generally for awlations

giving effect to the provisions of this Act and without prejudiceto the generality of the foregoing the regulations may pmvidefor-

(a) the determination and collection of fees m d charges in

connection with the exercise of the Ruactions of theCommission

(b) the keeping of such records as the Minister may

require for the pwposes of this Act

(c) the forms to be used for the ppsrposes of this Act and

(4 mything required by this Act to be prescribed

(2) Regulations made under subsection (1) may pmvidefor the imposition of a penalty on summary conviction in a

Resident Magistrates Cowt of a fine not ex ce din g one milliondollars or a term of imprisonment not e x d i n g six months orboth such fine and imprisonment

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Constitution and Procedure of the Jamaica Anti-Doping Commission

1 The Commission shall consist of the following mem krs-

(a) not less than nine md not more than thirteen persons who theMinister is satisfied am of high integrity and able to exercise soundjudgment in faz8filling their responsibilities under this Act

(heminafter r e f e d to asappointed memkmsn)

(b) the Executive Director of the Commission and the PemmentSempary or his nominee (heminailer r e f e d to as ex-officiomembers)

2 The appointed members of the Commission shall be appointed by theMinister by instrument in writing and shall subject to the provisions of thisSchedule hold office for a pmisd of three years

3 Every appointed member shall be eligible for re-appointment

4 4 1 ) The Minister shdl appoint a chairman and a deputy chairman fromamong the appointed members

(2) ln the case of absence or inability to act of the chaiman thedeputy chairman shall perform the functions of the chaiman

(3) In the case of absence or inability to act of both the chairman and

deputy chairman the Minister may appoint any other member to perform thefunctions of the chairman or as he case may be the deputy chairman duringsuch absence or incapacity

5 If any member is absent or unable to pedorm his duties due to absenceor illness the Minister may appoint any person to act in the place of that

member so however that such appointment shall be made in the m emanner and fiom among the same category of p o n s as would be requiredin the case of a substantive appointment

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

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

(6) is convicted and sentenced to a tenn of imprisonment

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

(4 ngages in such activities as are reasonably consided prejudicialto the interest of the Commission

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M I- D O P IN G IN SPORT 29

7 Thew shall be paid to the members of the Commission such ~mlanaretfol~

remuneration (whether by way of honowriurn salary fees or allowances) as of^^

the Minister with responsibility for the public service may determine

8 Fiye members of the Commission shall form a quorum at any m m

meeting

9 - 4 1 ) An appointed member other than the chahan may at any time Resignation

resign his office by instrument in writing addressed to the Minister and

transmitted through the chairman and fiom the date of receipt by the Minister

of such instrument that person shall cease to be a member

(2) The chairman may at any time resign his office by instrument

in writing addressed to the Minister and such resignation shallrtake eflst

as from the date of receipt by the Minister of that insitmment

10 If any vacancy occurs in the membership of the Commission Fillingof

such vacancy shall be filled by the appointment of another member vrmcmcics

B 1 4 1) No p w i n g s shall be brought or instituted before any co w or meah

tribunal personally against any member of the Commission in respect of my of ~~~act done bonaflde in pursuance or execution or intended execution of this

A n

(2) Where any member is exempt from liability by reason only ofthe provisions of this paragraph the Commission shall be liable to the extent

that it would be if that member were an employee or agent of the

Commission

I f The names of all members of the Commissionas first constimed and Gazetting of

every change therein shall be published in the Gazette ~ h h i p

Administrbrion and Fdnance

1341) The Commission shall appoint and employ at such remuneration ampin-8

and on such terms and conditions as it thinks fit an Executive Director a zySecretary and such other officers employees and agents as it considers mflom

necessary for q e proper carrying out of its functions

(2) Notwithstanding sub-paragraph (1)-

(a) a salary in excess of the prescribed rate shall not be assigned to

any post without the prior approval of the Minister and

(b) an appointment shall not be made to any post to which a salary in

excess of the prescribed rate is assigned without the prior approval

of the Minister

(3) In this section prescribed me means such rate as thk

Minister with responsibility for the public service may by order prescribe

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38 M-DOPING N SPORT

W i 14 The Commission may with the written appmval of the Minister-gmwitksmd

~iharuirimg (a) enter into ammgements respecting schemes whether by way of

bencri insurance policies of otherwise or(6) make regulations

for medical h e f i 4 pensions gratuities and other retiring benefits ordisability or death benefits relating to employees of the Commission andsuch arrangements or regulations may include provisions for the g m t ofbenefits to the dependants and the legal personal representatives of suchemployees

Fundo lad 1 5 4 1) The dunds and resources of the Commission shall consist of-fsaufca ofC g m n i h (a) such funds as may be provided by Parliament for the Commission

in the annual Estimates of Revenue and Expenditum

(b) revenues ampom fees and charges impsed by the Commission form y -ices p d d d by it or the use of any facility

(c) s ~ c h m s as may beallocated b m time to time to theCommission b m esearch or education gmts or fiwm loan fundsand

(d)all o t h a m s r property which may in any manner becomepayable to or vested in the Commission in respect of any matterincidental to its functions

(2) The expenses of the Commission including the remunerationof members md employees shall be paid out of the funds of theCommission

~BDPKCDLO 16 All moneys s f the Commission not q u i r e d to be expended fork v a the purpose of meeting any of the obligations or discharging any of them finctions of the Commission may be invested in such securities as the

Commission may afier consultation with the Minister responsible forfinance consider appropriate and the Commission may sell all or any of suchsecurities

d 17---(I) The Commission shall keep proper accounts and other records inmlation to its business and shall prepare mually in msgect of each financialyear a statement of accounts in a form satisfactory to the Minister beinga form which eon foms with established accounting principles

(2) The accounts of the Commission shall be audited annually by anauditor or auditors appointed by the Commission and approved by theMinis-

(3) The members ofticers and employees ofthe Commission shall-

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ANTI-DOPING IN SPORT 3 1

(a) grant to the auditor appointed under sub-paragraph (2) accessto all books documents cash and securities of the Commissionand

(b) give to the auditor on request all such information as may be

within their knowledge in relation to the Commissions operations

(4) The auditors fees and any expenses of the audit shall be paid bythe Commission

(5) The Auditor-General shall be entitled at all reasonable times toexamine the accounts and other records in relation to the business of theCommission

l8-(l) The Commission shall within six months afterthe end of each A n n d

financial year or within such longer priod as the Minister may in spcialcircumstances allow cause to be made and transmit to the Minister a regort edi-

dealing generally with the activities of the Commission during the precedingyear including-

(a) a statement of its accounts audited in accordance with paragraph 17

(b) a statement of the outcomes and findings of its annual testing

programme including satis tical information on-(i) the provision of samples by athletes

(ii) the testing of samples so provided and

(iii) the extent of the participation of ~ a ti o na l sportingorganizations in testing programmes operated or suppofldby the Commission

(c) the results of Anti-Doping research undertaken by or supported bythe Commission

(4 summary of the education and public information programmesundertaken by or supported by the Commission and

(e) particulars of the extent to which the Commission has compllidwith and achieved the objectives of any sb-ategic plan and theoperational plan in force during the financial year to which theregort relates

(2) The Minister shall cause copies of the report together with the

a n n u l statement of accounts and the auditors report thereon to belaid on theTable of the House of Representatives and of the Senate

(3) The Commission shall before a date specified by the Minisampsubmit to the Minister for his approval estimates of revenue and expenditurefor the ensuing year

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32 ANTI-DOFING IN SPORT

Exemption 1 The income of the Commission shall be exempt fiom incomefminsome

tax

SECOND CHEDULE (Seaion 18)

Constirution of h e Jamaica Awi-Dop ing Disciplinary Panel

Cm d t u t h 141) The Disciplinary Panel shall consist of not more than nineOf Discipi- persons appointed as fol~ows-nsr)Pawl

(a) m chairman and two vice chairmen each of whom shall be legal

practitioners of not less than 18 years of experience

(b) three persons each of whom has been duly qualified medical

practitioners for not less than five years

(el three additioilal members each of whom shall be or has previously

been a spaas administrator or an athlete

(2) The chairman or in his absence the vice chairman shall

appoint three members frsm the panel to hear and determine each case

(3) Every hearing shall comprise of the chairman or a vice chairman

as chairman of the hearing panel one medical pmctitioner member and one- sp rt s dminismtosor athlete member

Tenurecf 2 The members shall be a~pointedby the Minister by instrument inofiw w-riting md shall subject to the provisions of this Schedule hold ofice for a

period of three years

lp 3 Every member shall be eligible for re-a~pointment

qipkmlm

~c t i ng 4 If my member is absent or unable to act the Minister may appoint anyWiatmesrtscerson to act in the glace of that member so however that such appointment

shdl be made in the same manner and frsm among the same category of

persons as would be required in h e case of a substantive appointment

Ip-b 5 The Minister may at any time revoke the appointment of any member

of the Disciplil~~~jymel if such member-8mm

(a) becomes ~f unsound mind or becomes pemanently unable to

p f o m his frsnctions by reason of i l l health

(b) is wnvicted and sentencedto a term of imprisonment

(6 ) hils withotit peasonable excuse to carny out any of the functions

m L d r ionposed on him under this Act or

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ANTI-DOPING IN SPORT 33

( 8 ) engages in such activities as are reasonably considered prejudicialto the interest of the Commission

16 There shall be paid to the members of the Disciplinary Panel such Remuneration

remuneration (whether by way of honorarium salary fees or allowances) as ofmembersthe Minister may determine

7 - (1 ) Any member other than the chairman may at any time resign Resignation

his office by instrument in writing addressed to the Minister and transmittedthrough the chairman and from the date of receipt by the Minister of suchinstrument that person shall cease to be a member

(2) The chairman may at any time resign his office by instrument

in writing addressed to the Minister and such resignation shall take effect asfrom the date of receipt by the Minister of that instrument

8 If any vacancy occurs in the membership of the Disciplinary Panel Fillingof

such vacancy shall be filled by the appointment of another member so vacancies

however that such appointment shall be made in the same manner and fromthe same category of persons as would be required in the case of the originalappointment

9 - ( l ) No proceedings shall be brought or instituted before any court or htection

tribunal personally against any member of the Disciplinary Panel in respect ofmembers

of any act done bo na jide in pursuance or execution or intended execution ofthis Act

(2) Where any member is exempt from liability by reason only ofthe provisions of this paragraph the Disciplinary Panel shall be liable to theextent that it would be if that member were an employee or agent of theDisciplinary Panel

10 The names of all members of the Disciplinary Panel sas first Gazettingof

constituted and every change therein shall be published in the Gazette membership

THIfttl SCHEDULE (Section 22)

Constitutionof the Jamaica Anti-Doping Appeals Tribunal

1 The Appeals Tribunal shall consist of sir person- ConstitutionofAppeals

(a) a chairman and vice-chairman k i n g both persons who have Panel

served as either a Judge of the Court of Appeal or of the SupremeCourt

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ANTILDOPING IiV SPORT

(b) persons who have served in-

Actingwepombmnts

Revocationof

appointment

Remunetation

Resignation

Filling ofvacancies

(i) the post of a Director of Public Prosecutions or a senior

member of staff of the Office of the Director of PublicProsecutions

(ii) sports administration for at least ten years

(iii) sports medicine for at least ten years

2 The members of the Appeals Tribunal shall be appointed by theMinister by instrument in writing and shall subject to the provisions of thisSchedule hold office for a period of three years

3 Every member shall be eligible for re-appointment

4 If any member of the Appeals Tniunal is absent or unable to performhis duties the Minister may appoint any person to act in the place of thatmember so however that such appointment shall be made in the samemanner and h m mong the same category of persons as would be requiredin the case of a substantive appointment

5 The Minister may at any time revoke the appointment of any memberof theCommission if such member-

(a) becomes of unsound mind or becomes pe-rmanently unable toperform his functions by w o n of i l l health

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

(c) fails without reasonable excuse to cany out any of the functionsconferred or imposed on him under this Act or

(4 ngages in such activities as are reasonably considered prejudicialto the interest of the Commission

6 There shall be paid to the members of the Appeals Tribunal suchremuneration (whether by way of honorarium salary fees or allowances) asthe Minister may determine

7-41) Any member other than the chairman may at any time resign hisoffice by instrument in writing addressed to the Minister and transmittedthrough the chairman and from the date of receipt by the Minister of suchinstrument that person shall cease to be a member

(2) The chairman may at any time resign his oflice by instrument inwriting addressed to the Minister and such resignation shall take effect asfrom the date of receipt by the Minister of that instrument

8 If any vacancy occurs in the membership of the Appeals Tribunal suchvacancy shall be filled by the appointment of another member so however

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ANTI-DOPING IN SPORT

that such appointment shall be made in the same manner and h m he samecategory of persons as would be required in the case of the original

appointment9+1) No proceedings shall be brought or instituted before any court Rotection

or tribunal personally against any member of the Appeals Tribunal in respect of members

of any act done bonafide in pursuance or execution or intended execution ofthis Act

(2) Where any member is exempt from liability by reason only of theprovisions of this paragraph the Appeals Tribunal shall be liable to theextent that it would be if that member were an employee or agent of the

Appeals Tribunal10 The names of all members of the Appeals Tribunal as first constituted Gazatingof

and every change therein shall be published in the Gmette Membenhip

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(5)Every national level athlete and athleteparticipating in national events shall obtain a Therapeutic Use

Exemption Certificate fiom the SAIDCO TUEC unless such anathlete has previously received a Therapeutic Use ExemptionCertificate fiom can international sporting federation md suchTherapeutic Use Exemption Certificate is still vdid and thegrant of which has been previously reported to the JADCOTUEC and the Commission

1241) An application for a Therapeutic Use Exemption Application

Certificate to the JAIDCO TUEC shall be made in accordance Ezmwwith the International Standard for Therapeutic Use Exemption withinternational

(2) The athlete on whose behalf the application has

been made shdl provide written consent for the transmissionof-

(a) d l information pertaining to the application to theSADCO WEC and as required other independent

medical or scientific experts and to all necessary staffinvolved in the management or review of TherapeuticUse Exemptions

(b) the decision of SAC0 TUEC to be distributed toWAIDA and to other relevant Anti-Doping Orghzza-tions under the provisions of the Code

1341) The Coxnmission shall appoint a Committee to bew i n - 8

of aheknown as he J m d c a Anti-Doping Therapeutic Use Exemption -Committee (in this Act known as JADCO PPJIEC)consisting aherapeuaic

of six duly qualified medical practitioners Use

Exemlptiowcommittee

(2) The appointment of every member of the JADCOTUEC shall be evidenced by an instrument in writing whichshall state the period of o fi ce of the member not e x d i n gthree y e m as the Commission may specify in the instrument

and each member shall be eligible for re-appointment

(3) The Commission shall appoint one of the membersof the JADCO TUEC to be the Chairperson thereof

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ANTI-DOPING IN SPORT

Fampons

of JADCOTUEC

NotificationofTherapeuticUseExemption

WADA mayreview andrevmeTUECertificate

(4) The JADCO TUEC sh dl act independently of theCommission and shall not have any other official responsibility

within the Commission(5) Where any member of the JADCO FUEC is

connected with an athlete (having regkd to their familialbusiness or other relationship) or has an interest in any nationalsporting organization or international sporting federation such amember is excluded fiom considering any application forTherapeutic Use Exemption fiom that athlete or as the case maybe any athlete who is a member or participant in a sporiing eventorganized or sanctioned by the international sporting federationor national sporting organization in which he has an interest

14 The hcc tions of the JADCO TUEC shall be to-

(a) receive and exmine applications from national-levelathletes for Therapeutic Use Exemption Certificates

(6) g m t Therapeutic Use Exemption Certificates

(c) revoke Therapeutic Use Exemption Certificates

(4 perform any other fipnctions that are conferred orimposed on it by this Act

15--(I) The JADCO TUEC shall promptly notify theCommission of its decision to grant a Therapeutic UseExemption Certificate

(2) The Commission upon being notified by JADCOTUEC of the grant of a Therapeutic Use Exemption Certificateshall notify WADA thereof

16 Where the JADCO TUEC has made a decision to grantor deny the grant of a Therapeutic Use Exemption Certificate toan athlete WADA at the request of the athlete or on its own initiative may review the p t r denial of the Therapeutic UseExemption Certificate and where WADA determines that the

granting or denial of such Therapeutic Use ExemptionCertificate did not comply with the International Standard forTherapeutic Use Exemption in force at the time then WADAmay reverse the decision to grant or deny the Therapeutic Use

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ANTI-DOPING IN SPORT

Exemption Certificate

17 Tlhe C O ~ I ~ S S ~ O ~hall tecognk the results of laboratory Recognition

d y s i s by other anti-doping organizations once conducted in 0 2 f t ~ faccordance with the WADA International Standard for Dopin

Testing o l g a n d ~ n ~

PART W isciplinary Panel Appeals

18 There is established for the purposes of this Act a M y listm mat

to be d l e d the Jamaica Anti-Doping Disciplinary Panel and theprovisions of the Second Schedule shall have effect as to the hti- oping

constitution and pmcedw of the Disciplinary Panel and Fzhqotherwise in relation thereto second

Schedule

19 Where it appears that there has been an Anti-Doping CommissionI 0der

Rules violation the Commission shall refa the matter to theDisciplinary Panel hearing

20--41) The functions of the Disciplinary Panel shall be Functi0mof

to- the Anti-Doping~ i amp i amp n q

( a ) receive examine and hear evidence relating to an -I

Anti-Doping R des violation

(8) conduct disciplinary hearings related to Anti-DopingRules violations referred to it by the Commission

( c ) determine whether a violation of the Anti-DopingRules has occurred

(4mpose consequences of Anti-Doping Rules yiola-tions

( e ) perfom any other functions that are conferred orimposed on the Disciplinary Panel by this Act

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ANT-DOPINGIN SPORT

EstablishmentofJamaicaAnti-DopingAppealsTribunalThirdSchedule

(2) The Disciplinary Panel shdl consequent onreceiving a written reference h m he Commission asserting an

Anti-Doping rules violation-

(a) within fourteen days of the date of receipt of thereference commence a hearing

(b) within twenty days of the date of receipt of thereference issue a written decision

(c ) within thirty days of the date of receipt of the

reference issue written reasons for the decision givenin paragraph (b)

2 1 4 1 ) Subject to section 23 where-

(a) any athlete or other person who is the subject of thedecision being ap p d e d

(b) the C om iss io n

(c ) the relevant international sporting federation

(8 ) relevant nationd sporting organization

(e) the Jamaica Olympic Association

WADA

is aggrieved by a decision of the Disciplinary Panel that personor body may witkin fourteen days of the decision of theDisciplinary Panel and in the prescribed m m e r lodge magpeal with the Appeds Tribunal established under section 22against any decision of the Disciplinary Panel

(2) Every decision of the Disciplinary Pm el in respectof a Anti-Doping Rules violation shdl remain in effect duringthe appeal process unless the Appeal Tribunal otherwiseorders

2 2 4 1 ) For the purposes of an appeal under section 21there is hereby established an Appeds Tribunal to be calledthe Jamaica Anti-Doping Appeals Tribunal constituted inaccordance with the Third Schedule

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ANTI-DOPIAG IN SPORT

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

(a) PO hear and determine issues arising fiom a decision ofthe Disciplinary Panel-

(i) that an Anti-Doping Rules violation wascommitted

(ii) imposing consequences of an Anti- DopingRules violation

(iii) ohat ara Anti-Doping Rules violation was not

committed(iv) that an anti-doping orgmimtion lacks

jurisdiction to rule on an Anti-Doping Rulesviolation or consequences of rn Anti-DopingRules violation

(v) to impose a provisional suspension as a result

of a paovisiond hearing

(b ) to determine the consequences of an Anti-DopingR d es violation to to mposed

(c) to perform any other hctions hat me c o n f e d orimposed on the Appeals T r i b d by virtue of this Act

(3) The Appeds T r i b d shdl consequent on thelodging of an appeal under subsection (1)-

(a) within twenty-one days of lodging receive h a mdex m in e the evidence relating to the ap

(b) within thirty days of the date of lodging issue ao

written decision

(c) within sixty days of the date of l dgin g issue writtenreasons for the decision

(4) kra appeal shdl not in its entirety exceed three

months except in extenuating c k w n a m c e s

23 M e r e an appeal is in respect of an i n t e m ~ o dvent ~ S O F

iclkrdonellor a m e nvolving an nternational-level athlete the decision of amp

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ANTI-DOPING IN SPORT

the Disciplinary Panel may k appealed directly to the Court ofArbitration

Apr of 24-41) Any decision by WADA reversing the grant of aTherapeutic Use Exemption Certificate or as the case be the

d refusal to grant may be appealed directly by the athlete or theUw

~xwptimCommission to the Court of Arbitration

M B e (2) Where an international-level athlete has made an

application for a Therapeutic Use Exemption Certificate andthe international sporting federation has reksed to grarnt

such Therapeutic Use Exemption Certificate the athlete mayappeal exclusively to the Court of Arbitration in respect ofthe refusal to grant the Therapeutic Use ExemptionCertificate

(3) Where the JADCO TUEC has refused to grant aTherapeutic Use Exemption Certificate to a national-levelathlete the athlete may make an appeal to the Appeals Tribunal

(4) Where the Appeals Tribunal reverses the decision ofthe JADCO TklEC to grant a Therapeutic Use ExemptionCertificate WADA may appeal to the Court of Arbitration

Miscellaneous

canmtaity 25-41) Every-

(a ) member of the Commission(b) officer m d employee of the Com is si on

(c) expert retained by the Commission to m i s t in itsinvestigations and delikrations

(4 ember of the Appeals Tribunal

(e ) member of the JADCO TUEC

V) member of the Disciplinary Panel

shall keep secret and confidential all information coming to hisknowledge in the course of the administration of this Act exceptin so far as the Commission authorizes that pason to releasethat information

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ANTI-DOPING IN SPORT

(2) Any person who contravenes subsection (1) shd lbe guilty of an offence and s M l be liable on smw

conviction in a Resident Magistrates Court to a fine notexceeding one million dollars

26-41) The Minister may make regulations generally for awlations

giving effect to the provisions of this Act and without prejudiceto the generality of the foregoing the regulations may pmvidefor-

(a) the determination and collection of fees m d charges in

connection with the exercise of the Ruactions of theCommission

(b) the keeping of such records as the Minister may

require for the pwposes of this Act

(c) the forms to be used for the ppsrposes of this Act and

(4 mything required by this Act to be prescribed

(2) Regulations made under subsection (1) may pmvidefor the imposition of a penalty on summary conviction in a

Resident Magistrates Cowt of a fine not ex ce din g one milliondollars or a term of imprisonment not e x d i n g six months orboth such fine and imprisonment

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ART-DOBlNG lN SPORT

Constitution and Procedure of the Jamaica Anti-Doping Commission

1 The Commission shall consist of the following mem krs-

(a) not less than nine md not more than thirteen persons who theMinister is satisfied am of high integrity and able to exercise soundjudgment in faz8filling their responsibilities under this Act

(heminafter r e f e d to asappointed memkmsn)

(b) the Executive Director of the Commission and the PemmentSempary or his nominee (heminailer r e f e d to as ex-officiomembers)

2 The appointed members of the Commission shall be appointed by theMinister by instrument in writing and shall subject to the provisions of thisSchedule hold office for a pmisd of three years

3 Every appointed member shall be eligible for re-appointment

4 4 1 ) The Minister shdl appoint a chairman and a deputy chairman fromamong the appointed members

(2) ln the case of absence or inability to act of the chaiman thedeputy chairman shall perform the functions of the chaiman

(3) In the case of absence or inability to act of both the chairman and

deputy chairman the Minister may appoint any other member to perform thefunctions of the chairman or as he case may be the deputy chairman duringsuch absence or incapacity

5 If any member is absent or unable to pedorm his duties due to absenceor illness the Minister may appoint any person to act in the place of that

member so however that such appointment shall be made in the m emanner and fiom among the same category of p o n s as would be requiredin the case of a substantive appointment

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

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

(6) is convicted and sentenced to a tenn of imprisonment

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

(4 ngages in such activities as are reasonably consided prejudicialto the interest of the Commission

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M I- D O P IN G IN SPORT 29

7 Thew shall be paid to the members of the Commission such ~mlanaretfol~

remuneration (whether by way of honowriurn salary fees or allowances) as of^^

the Minister with responsibility for the public service may determine

8 Fiye members of the Commission shall form a quorum at any m m

meeting

9 - 4 1 ) An appointed member other than the chahan may at any time Resignation

resign his office by instrument in writing addressed to the Minister and

transmitted through the chairman and fiom the date of receipt by the Minister

of such instrument that person shall cease to be a member

(2) The chairman may at any time resign his office by instrument

in writing addressed to the Minister and such resignation shallrtake eflst

as from the date of receipt by the Minister of that insitmment

10 If any vacancy occurs in the membership of the Commission Fillingof

such vacancy shall be filled by the appointment of another member vrmcmcics

B 1 4 1) No p w i n g s shall be brought or instituted before any co w or meah

tribunal personally against any member of the Commission in respect of my of ~~~act done bonaflde in pursuance or execution or intended execution of this

A n

(2) Where any member is exempt from liability by reason only ofthe provisions of this paragraph the Commission shall be liable to the extent

that it would be if that member were an employee or agent of the

Commission

I f The names of all members of the Commissionas first constimed and Gazetting of

every change therein shall be published in the Gazette ~ h h i p

Administrbrion and Fdnance

1341) The Commission shall appoint and employ at such remuneration ampin-8

and on such terms and conditions as it thinks fit an Executive Director a zySecretary and such other officers employees and agents as it considers mflom

necessary for q e proper carrying out of its functions

(2) Notwithstanding sub-paragraph (1)-

(a) a salary in excess of the prescribed rate shall not be assigned to

any post without the prior approval of the Minister and

(b) an appointment shall not be made to any post to which a salary in

excess of the prescribed rate is assigned without the prior approval

of the Minister

(3) In this section prescribed me means such rate as thk

Minister with responsibility for the public service may by order prescribe

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38 M-DOPING N SPORT

W i 14 The Commission may with the written appmval of the Minister-gmwitksmd

~iharuirimg (a) enter into ammgements respecting schemes whether by way of

bencri insurance policies of otherwise or(6) make regulations

for medical h e f i 4 pensions gratuities and other retiring benefits ordisability or death benefits relating to employees of the Commission andsuch arrangements or regulations may include provisions for the g m t ofbenefits to the dependants and the legal personal representatives of suchemployees

Fundo lad 1 5 4 1) The dunds and resources of the Commission shall consist of-fsaufca ofC g m n i h (a) such funds as may be provided by Parliament for the Commission

in the annual Estimates of Revenue and Expenditum

(b) revenues ampom fees and charges impsed by the Commission form y -ices p d d d by it or the use of any facility

(c) s ~ c h m s as may beallocated b m time to time to theCommission b m esearch or education gmts or fiwm loan fundsand

(d)all o t h a m s r property which may in any manner becomepayable to or vested in the Commission in respect of any matterincidental to its functions

(2) The expenses of the Commission including the remunerationof members md employees shall be paid out of the funds of theCommission

~BDPKCDLO 16 All moneys s f the Commission not q u i r e d to be expended fork v a the purpose of meeting any of the obligations or discharging any of them finctions of the Commission may be invested in such securities as the

Commission may afier consultation with the Minister responsible forfinance consider appropriate and the Commission may sell all or any of suchsecurities

d 17---(I) The Commission shall keep proper accounts and other records inmlation to its business and shall prepare mually in msgect of each financialyear a statement of accounts in a form satisfactory to the Minister beinga form which eon foms with established accounting principles

(2) The accounts of the Commission shall be audited annually by anauditor or auditors appointed by the Commission and approved by theMinis-

(3) The members ofticers and employees ofthe Commission shall-

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ANTI-DOPING IN SPORT 3 1

(a) grant to the auditor appointed under sub-paragraph (2) accessto all books documents cash and securities of the Commissionand

(b) give to the auditor on request all such information as may be

within their knowledge in relation to the Commissions operations

(4) The auditors fees and any expenses of the audit shall be paid bythe Commission

(5) The Auditor-General shall be entitled at all reasonable times toexamine the accounts and other records in relation to the business of theCommission

l8-(l) The Commission shall within six months afterthe end of each A n n d

financial year or within such longer priod as the Minister may in spcialcircumstances allow cause to be made and transmit to the Minister a regort edi-

dealing generally with the activities of the Commission during the precedingyear including-

(a) a statement of its accounts audited in accordance with paragraph 17

(b) a statement of the outcomes and findings of its annual testing

programme including satis tical information on-(i) the provision of samples by athletes

(ii) the testing of samples so provided and

(iii) the extent of the participation of ~ a ti o na l sportingorganizations in testing programmes operated or suppofldby the Commission

(c) the results of Anti-Doping research undertaken by or supported bythe Commission

(4 summary of the education and public information programmesundertaken by or supported by the Commission and

(e) particulars of the extent to which the Commission has compllidwith and achieved the objectives of any sb-ategic plan and theoperational plan in force during the financial year to which theregort relates

(2) The Minister shall cause copies of the report together with the

a n n u l statement of accounts and the auditors report thereon to belaid on theTable of the House of Representatives and of the Senate

(3) The Commission shall before a date specified by the Minisampsubmit to the Minister for his approval estimates of revenue and expenditurefor the ensuing year

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32 ANTI-DOFING IN SPORT

Exemption 1 The income of the Commission shall be exempt fiom incomefminsome

tax

SECOND CHEDULE (Seaion 18)

Constirution of h e Jamaica Awi-Dop ing Disciplinary Panel

Cm d t u t h 141) The Disciplinary Panel shall consist of not more than nineOf Discipi- persons appointed as fol~ows-nsr)Pawl

(a) m chairman and two vice chairmen each of whom shall be legal

practitioners of not less than 18 years of experience

(b) three persons each of whom has been duly qualified medical

practitioners for not less than five years

(el three additioilal members each of whom shall be or has previously

been a spaas administrator or an athlete

(2) The chairman or in his absence the vice chairman shall

appoint three members frsm the panel to hear and determine each case

(3) Every hearing shall comprise of the chairman or a vice chairman

as chairman of the hearing panel one medical pmctitioner member and one- sp rt s dminismtosor athlete member

Tenurecf 2 The members shall be a~pointedby the Minister by instrument inofiw w-riting md shall subject to the provisions of this Schedule hold ofice for a

period of three years

lp 3 Every member shall be eligible for re-a~pointment

qipkmlm

~c t i ng 4 If my member is absent or unable to act the Minister may appoint anyWiatmesrtscerson to act in the glace of that member so however that such appointment

shdl be made in the same manner and frsm among the same category of

persons as would be required in h e case of a substantive appointment

Ip-b 5 The Minister may at any time revoke the appointment of any member

of the Disciplil~~~jymel if such member-8mm

(a) becomes ~f unsound mind or becomes pemanently unable to

p f o m his frsnctions by reason of i l l health

(b) is wnvicted and sentencedto a term of imprisonment

(6 ) hils withotit peasonable excuse to carny out any of the functions

m L d r ionposed on him under this Act or

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ANTI-DOPING IN SPORT 33

( 8 ) engages in such activities as are reasonably considered prejudicialto the interest of the Commission

16 There shall be paid to the members of the Disciplinary Panel such Remuneration

remuneration (whether by way of honorarium salary fees or allowances) as ofmembersthe Minister may determine

7 - (1 ) Any member other than the chairman may at any time resign Resignation

his office by instrument in writing addressed to the Minister and transmittedthrough the chairman and from the date of receipt by the Minister of suchinstrument that person shall cease to be a member

(2) The chairman may at any time resign his office by instrument

in writing addressed to the Minister and such resignation shall take effect asfrom the date of receipt by the Minister of that instrument

8 If any vacancy occurs in the membership of the Disciplinary Panel Fillingof

such vacancy shall be filled by the appointment of another member so vacancies

however that such appointment shall be made in the same manner and fromthe same category of persons as would be required in the case of the originalappointment

9 - ( l ) No proceedings shall be brought or instituted before any court or htection

tribunal personally against any member of the Disciplinary Panel in respect ofmembers

of any act done bo na jide in pursuance or execution or intended execution ofthis Act

(2) Where any member is exempt from liability by reason only ofthe provisions of this paragraph the Disciplinary Panel shall be liable to theextent that it would be if that member were an employee or agent of theDisciplinary Panel

10 The names of all members of the Disciplinary Panel sas first Gazettingof

constituted and every change therein shall be published in the Gazette membership

THIfttl SCHEDULE (Section 22)

Constitutionof the Jamaica Anti-Doping Appeals Tribunal

1 The Appeals Tribunal shall consist of sir person- ConstitutionofAppeals

(a) a chairman and vice-chairman k i n g both persons who have Panel

served as either a Judge of the Court of Appeal or of the SupremeCourt

lTbe Indunion or (bb page b rmthoritcd by LN IUnO l l l

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ANTILDOPING IiV SPORT

(b) persons who have served in-

Actingwepombmnts

Revocationof

appointment

Remunetation

Resignation

Filling ofvacancies

(i) the post of a Director of Public Prosecutions or a senior

member of staff of the Office of the Director of PublicProsecutions

(ii) sports administration for at least ten years

(iii) sports medicine for at least ten years

2 The members of the Appeals Tribunal shall be appointed by theMinister by instrument in writing and shall subject to the provisions of thisSchedule hold office for a period of three years

3 Every member shall be eligible for re-appointment

4 If any member of the Appeals Tniunal is absent or unable to performhis duties the Minister may appoint any person to act in the place of thatmember so however that such appointment shall be made in the samemanner and h m mong the same category of persons as would be requiredin the case of a substantive appointment

5 The Minister may at any time revoke the appointment of any memberof theCommission if such member-

(a) becomes of unsound mind or becomes pe-rmanently unable toperform his functions by w o n of i l l health

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

(c) fails without reasonable excuse to cany out any of the functionsconferred or imposed on him under this Act or

(4 ngages in such activities as are reasonably considered prejudicialto the interest of the Commission

6 There shall be paid to the members of the Appeals Tribunal suchremuneration (whether by way of honorarium salary fees or allowances) asthe Minister may determine

7-41) Any member other than the chairman may at any time resign hisoffice by instrument in writing addressed to the Minister and transmittedthrough the chairman and from the date of receipt by the Minister of suchinstrument that person shall cease to be a member

(2) The chairman may at any time resign his oflice by instrument inwriting addressed to the Minister and such resignation shall take effect asfrom the date of receipt by the Minister of that instrument

8 If any vacancy occurs in the membership of the Appeals Tribunal suchvacancy shall be filled by the appointment of another member so however

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ANTI-DOPING IN SPORT

that such appointment shall be made in the same manner and h m he samecategory of persons as would be required in the case of the original

appointment9+1) No proceedings shall be brought or instituted before any court Rotection

or tribunal personally against any member of the Appeals Tribunal in respect of members

of any act done bonafide in pursuance or execution or intended execution ofthis Act

(2) Where any member is exempt from liability by reason only of theprovisions of this paragraph the Appeals Tribunal shall be liable to theextent that it would be if that member were an employee or agent of the

Appeals Tribunal10 The names of all members of the Appeals Tribunal as first constituted Gazatingof

and every change therein shall be published in the Gmette Membenhip

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ANTI-DOPING IN SPORT

Fampons

of JADCOTUEC

NotificationofTherapeuticUseExemption

WADA mayreview andrevmeTUECertificate

(4) The JADCO TUEC sh dl act independently of theCommission and shall not have any other official responsibility

within the Commission(5) Where any member of the JADCO FUEC is

connected with an athlete (having regkd to their familialbusiness or other relationship) or has an interest in any nationalsporting organization or international sporting federation such amember is excluded fiom considering any application forTherapeutic Use Exemption fiom that athlete or as the case maybe any athlete who is a member or participant in a sporiing eventorganized or sanctioned by the international sporting federationor national sporting organization in which he has an interest

14 The hcc tions of the JADCO TUEC shall be to-

(a) receive and exmine applications from national-levelathletes for Therapeutic Use Exemption Certificates

(6) g m t Therapeutic Use Exemption Certificates

(c) revoke Therapeutic Use Exemption Certificates

(4 perform any other fipnctions that are conferred orimposed on it by this Act

15--(I) The JADCO TUEC shall promptly notify theCommission of its decision to grant a Therapeutic UseExemption Certificate

(2) The Commission upon being notified by JADCOTUEC of the grant of a Therapeutic Use Exemption Certificateshall notify WADA thereof

16 Where the JADCO TUEC has made a decision to grantor deny the grant of a Therapeutic Use Exemption Certificate toan athlete WADA at the request of the athlete or on its own initiative may review the p t r denial of the Therapeutic UseExemption Certificate and where WADA determines that the

granting or denial of such Therapeutic Use ExemptionCertificate did not comply with the International Standard forTherapeutic Use Exemption in force at the time then WADAmay reverse the decision to grant or deny the Therapeutic Use

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ANTI-DOPING IN SPORT

Exemption Certificate

17 Tlhe C O ~ I ~ S S ~ O ~hall tecognk the results of laboratory Recognition

d y s i s by other anti-doping organizations once conducted in 0 2 f t ~ faccordance with the WADA International Standard for Dopin

Testing o l g a n d ~ n ~

PART W isciplinary Panel Appeals

18 There is established for the purposes of this Act a M y listm mat

to be d l e d the Jamaica Anti-Doping Disciplinary Panel and theprovisions of the Second Schedule shall have effect as to the hti- oping

constitution and pmcedw of the Disciplinary Panel and Fzhqotherwise in relation thereto second

Schedule

19 Where it appears that there has been an Anti-Doping CommissionI 0der

Rules violation the Commission shall refa the matter to theDisciplinary Panel hearing

20--41) The functions of the Disciplinary Panel shall be Functi0mof

to- the Anti-Doping~ i amp i amp n q

( a ) receive examine and hear evidence relating to an -I

Anti-Doping R des violation

(8) conduct disciplinary hearings related to Anti-DopingRules violations referred to it by the Commission

( c ) determine whether a violation of the Anti-DopingRules has occurred

(4mpose consequences of Anti-Doping Rules yiola-tions

( e ) perfom any other functions that are conferred orimposed on the Disciplinary Panel by this Act

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ANT-DOPINGIN SPORT

EstablishmentofJamaicaAnti-DopingAppealsTribunalThirdSchedule

(2) The Disciplinary Panel shdl consequent onreceiving a written reference h m he Commission asserting an

Anti-Doping rules violation-

(a) within fourteen days of the date of receipt of thereference commence a hearing

(b) within twenty days of the date of receipt of thereference issue a written decision

(c ) within thirty days of the date of receipt of the

reference issue written reasons for the decision givenin paragraph (b)

2 1 4 1 ) Subject to section 23 where-

(a) any athlete or other person who is the subject of thedecision being ap p d e d

(b) the C om iss io n

(c ) the relevant international sporting federation

(8 ) relevant nationd sporting organization

(e) the Jamaica Olympic Association

WADA

is aggrieved by a decision of the Disciplinary Panel that personor body may witkin fourteen days of the decision of theDisciplinary Panel and in the prescribed m m e r lodge magpeal with the Appeds Tribunal established under section 22against any decision of the Disciplinary Panel

(2) Every decision of the Disciplinary Pm el in respectof a Anti-Doping Rules violation shdl remain in effect duringthe appeal process unless the Appeal Tribunal otherwiseorders

2 2 4 1 ) For the purposes of an appeal under section 21there is hereby established an Appeds Tribunal to be calledthe Jamaica Anti-Doping Appeals Tribunal constituted inaccordance with the Third Schedule

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ANTI-DOPIAG IN SPORT

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

(a) PO hear and determine issues arising fiom a decision ofthe Disciplinary Panel-

(i) that an Anti-Doping Rules violation wascommitted

(ii) imposing consequences of an Anti- DopingRules violation

(iii) ohat ara Anti-Doping Rules violation was not

committed(iv) that an anti-doping orgmimtion lacks

jurisdiction to rule on an Anti-Doping Rulesviolation or consequences of rn Anti-DopingRules violation

(v) to impose a provisional suspension as a result

of a paovisiond hearing

(b ) to determine the consequences of an Anti-DopingR d es violation to to mposed

(c) to perform any other hctions hat me c o n f e d orimposed on the Appeals T r i b d by virtue of this Act

(3) The Appeds T r i b d shdl consequent on thelodging of an appeal under subsection (1)-

(a) within twenty-one days of lodging receive h a mdex m in e the evidence relating to the ap

(b) within thirty days of the date of lodging issue ao

written decision

(c) within sixty days of the date of l dgin g issue writtenreasons for the decision

(4) kra appeal shdl not in its entirety exceed three

months except in extenuating c k w n a m c e s

23 M e r e an appeal is in respect of an i n t e m ~ o dvent ~ S O F

iclkrdonellor a m e nvolving an nternational-level athlete the decision of amp

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ANTI-DOPING IN SPORT

the Disciplinary Panel may k appealed directly to the Court ofArbitration

Apr of 24-41) Any decision by WADA reversing the grant of aTherapeutic Use Exemption Certificate or as the case be the

d refusal to grant may be appealed directly by the athlete or theUw

~xwptimCommission to the Court of Arbitration

M B e (2) Where an international-level athlete has made an

application for a Therapeutic Use Exemption Certificate andthe international sporting federation has reksed to grarnt

such Therapeutic Use Exemption Certificate the athlete mayappeal exclusively to the Court of Arbitration in respect ofthe refusal to grant the Therapeutic Use ExemptionCertificate

(3) Where the JADCO TUEC has refused to grant aTherapeutic Use Exemption Certificate to a national-levelathlete the athlete may make an appeal to the Appeals Tribunal

(4) Where the Appeals Tribunal reverses the decision ofthe JADCO TklEC to grant a Therapeutic Use ExemptionCertificate WADA may appeal to the Court of Arbitration

Miscellaneous

canmtaity 25-41) Every-

(a ) member of the Commission(b) officer m d employee of the Com is si on

(c) expert retained by the Commission to m i s t in itsinvestigations and delikrations

(4 ember of the Appeals Tribunal

(e ) member of the JADCO TUEC

V) member of the Disciplinary Panel

shall keep secret and confidential all information coming to hisknowledge in the course of the administration of this Act exceptin so far as the Commission authorizes that pason to releasethat information

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ANTI-DOPING IN SPORT

(2) Any person who contravenes subsection (1) shd lbe guilty of an offence and s M l be liable on smw

conviction in a Resident Magistrates Court to a fine notexceeding one million dollars

26-41) The Minister may make regulations generally for awlations

giving effect to the provisions of this Act and without prejudiceto the generality of the foregoing the regulations may pmvidefor-

(a) the determination and collection of fees m d charges in

connection with the exercise of the Ruactions of theCommission

(b) the keeping of such records as the Minister may

require for the pwposes of this Act

(c) the forms to be used for the ppsrposes of this Act and

(4 mything required by this Act to be prescribed

(2) Regulations made under subsection (1) may pmvidefor the imposition of a penalty on summary conviction in a

Resident Magistrates Cowt of a fine not ex ce din g one milliondollars or a term of imprisonment not e x d i n g six months orboth such fine and imprisonment

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ART-DOBlNG lN SPORT

Constitution and Procedure of the Jamaica Anti-Doping Commission

1 The Commission shall consist of the following mem krs-

(a) not less than nine md not more than thirteen persons who theMinister is satisfied am of high integrity and able to exercise soundjudgment in faz8filling their responsibilities under this Act

(heminafter r e f e d to asappointed memkmsn)

(b) the Executive Director of the Commission and the PemmentSempary or his nominee (heminailer r e f e d to as ex-officiomembers)

2 The appointed members of the Commission shall be appointed by theMinister by instrument in writing and shall subject to the provisions of thisSchedule hold office for a pmisd of three years

3 Every appointed member shall be eligible for re-appointment

4 4 1 ) The Minister shdl appoint a chairman and a deputy chairman fromamong the appointed members

(2) ln the case of absence or inability to act of the chaiman thedeputy chairman shall perform the functions of the chaiman

(3) In the case of absence or inability to act of both the chairman and

deputy chairman the Minister may appoint any other member to perform thefunctions of the chairman or as he case may be the deputy chairman duringsuch absence or incapacity

5 If any member is absent or unable to pedorm his duties due to absenceor illness the Minister may appoint any person to act in the place of that

member so however that such appointment shall be made in the m emanner and fiom among the same category of p o n s as would be requiredin the case of a substantive appointment

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

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

(6) is convicted and sentenced to a tenn of imprisonment

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

(4 ngages in such activities as are reasonably consided prejudicialto the interest of the Commission

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M I- D O P IN G IN SPORT 29

7 Thew shall be paid to the members of the Commission such ~mlanaretfol~

remuneration (whether by way of honowriurn salary fees or allowances) as of^^

the Minister with responsibility for the public service may determine

8 Fiye members of the Commission shall form a quorum at any m m

meeting

9 - 4 1 ) An appointed member other than the chahan may at any time Resignation

resign his office by instrument in writing addressed to the Minister and

transmitted through the chairman and fiom the date of receipt by the Minister

of such instrument that person shall cease to be a member

(2) The chairman may at any time resign his office by instrument

in writing addressed to the Minister and such resignation shallrtake eflst

as from the date of receipt by the Minister of that insitmment

10 If any vacancy occurs in the membership of the Commission Fillingof

such vacancy shall be filled by the appointment of another member vrmcmcics

B 1 4 1) No p w i n g s shall be brought or instituted before any co w or meah

tribunal personally against any member of the Commission in respect of my of ~~~act done bonaflde in pursuance or execution or intended execution of this

A n

(2) Where any member is exempt from liability by reason only ofthe provisions of this paragraph the Commission shall be liable to the extent

that it would be if that member were an employee or agent of the

Commission

I f The names of all members of the Commissionas first constimed and Gazetting of

every change therein shall be published in the Gazette ~ h h i p

Administrbrion and Fdnance

1341) The Commission shall appoint and employ at such remuneration ampin-8

and on such terms and conditions as it thinks fit an Executive Director a zySecretary and such other officers employees and agents as it considers mflom

necessary for q e proper carrying out of its functions

(2) Notwithstanding sub-paragraph (1)-

(a) a salary in excess of the prescribed rate shall not be assigned to

any post without the prior approval of the Minister and

(b) an appointment shall not be made to any post to which a salary in

excess of the prescribed rate is assigned without the prior approval

of the Minister

(3) In this section prescribed me means such rate as thk

Minister with responsibility for the public service may by order prescribe

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38 M-DOPING N SPORT

W i 14 The Commission may with the written appmval of the Minister-gmwitksmd

~iharuirimg (a) enter into ammgements respecting schemes whether by way of

bencri insurance policies of otherwise or(6) make regulations

for medical h e f i 4 pensions gratuities and other retiring benefits ordisability or death benefits relating to employees of the Commission andsuch arrangements or regulations may include provisions for the g m t ofbenefits to the dependants and the legal personal representatives of suchemployees

Fundo lad 1 5 4 1) The dunds and resources of the Commission shall consist of-fsaufca ofC g m n i h (a) such funds as may be provided by Parliament for the Commission

in the annual Estimates of Revenue and Expenditum

(b) revenues ampom fees and charges impsed by the Commission form y -ices p d d d by it or the use of any facility

(c) s ~ c h m s as may beallocated b m time to time to theCommission b m esearch or education gmts or fiwm loan fundsand

(d)all o t h a m s r property which may in any manner becomepayable to or vested in the Commission in respect of any matterincidental to its functions

(2) The expenses of the Commission including the remunerationof members md employees shall be paid out of the funds of theCommission

~BDPKCDLO 16 All moneys s f the Commission not q u i r e d to be expended fork v a the purpose of meeting any of the obligations or discharging any of them finctions of the Commission may be invested in such securities as the

Commission may afier consultation with the Minister responsible forfinance consider appropriate and the Commission may sell all or any of suchsecurities

d 17---(I) The Commission shall keep proper accounts and other records inmlation to its business and shall prepare mually in msgect of each financialyear a statement of accounts in a form satisfactory to the Minister beinga form which eon foms with established accounting principles

(2) The accounts of the Commission shall be audited annually by anauditor or auditors appointed by the Commission and approved by theMinis-

(3) The members ofticers and employees ofthe Commission shall-

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ANTI-DOPING IN SPORT 3 1

(a) grant to the auditor appointed under sub-paragraph (2) accessto all books documents cash and securities of the Commissionand

(b) give to the auditor on request all such information as may be

within their knowledge in relation to the Commissions operations

(4) The auditors fees and any expenses of the audit shall be paid bythe Commission

(5) The Auditor-General shall be entitled at all reasonable times toexamine the accounts and other records in relation to the business of theCommission

l8-(l) The Commission shall within six months afterthe end of each A n n d

financial year or within such longer priod as the Minister may in spcialcircumstances allow cause to be made and transmit to the Minister a regort edi-

dealing generally with the activities of the Commission during the precedingyear including-

(a) a statement of its accounts audited in accordance with paragraph 17

(b) a statement of the outcomes and findings of its annual testing

programme including satis tical information on-(i) the provision of samples by athletes

(ii) the testing of samples so provided and

(iii) the extent of the participation of ~ a ti o na l sportingorganizations in testing programmes operated or suppofldby the Commission

(c) the results of Anti-Doping research undertaken by or supported bythe Commission

(4 summary of the education and public information programmesundertaken by or supported by the Commission and

(e) particulars of the extent to which the Commission has compllidwith and achieved the objectives of any sb-ategic plan and theoperational plan in force during the financial year to which theregort relates

(2) The Minister shall cause copies of the report together with the

a n n u l statement of accounts and the auditors report thereon to belaid on theTable of the House of Representatives and of the Senate

(3) The Commission shall before a date specified by the Minisampsubmit to the Minister for his approval estimates of revenue and expenditurefor the ensuing year

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32 ANTI-DOFING IN SPORT

Exemption 1 The income of the Commission shall be exempt fiom incomefminsome

tax

SECOND CHEDULE (Seaion 18)

Constirution of h e Jamaica Awi-Dop ing Disciplinary Panel

Cm d t u t h 141) The Disciplinary Panel shall consist of not more than nineOf Discipi- persons appointed as fol~ows-nsr)Pawl

(a) m chairman and two vice chairmen each of whom shall be legal

practitioners of not less than 18 years of experience

(b) three persons each of whom has been duly qualified medical

practitioners for not less than five years

(el three additioilal members each of whom shall be or has previously

been a spaas administrator or an athlete

(2) The chairman or in his absence the vice chairman shall

appoint three members frsm the panel to hear and determine each case

(3) Every hearing shall comprise of the chairman or a vice chairman

as chairman of the hearing panel one medical pmctitioner member and one- sp rt s dminismtosor athlete member

Tenurecf 2 The members shall be a~pointedby the Minister by instrument inofiw w-riting md shall subject to the provisions of this Schedule hold ofice for a

period of three years

lp 3 Every member shall be eligible for re-a~pointment

qipkmlm

~c t i ng 4 If my member is absent or unable to act the Minister may appoint anyWiatmesrtscerson to act in the glace of that member so however that such appointment

shdl be made in the same manner and frsm among the same category of

persons as would be required in h e case of a substantive appointment

Ip-b 5 The Minister may at any time revoke the appointment of any member

of the Disciplil~~~jymel if such member-8mm

(a) becomes ~f unsound mind or becomes pemanently unable to

p f o m his frsnctions by reason of i l l health

(b) is wnvicted and sentencedto a term of imprisonment

(6 ) hils withotit peasonable excuse to carny out any of the functions

m L d r ionposed on him under this Act or

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ANTI-DOPING IN SPORT 33

( 8 ) engages in such activities as are reasonably considered prejudicialto the interest of the Commission

16 There shall be paid to the members of the Disciplinary Panel such Remuneration

remuneration (whether by way of honorarium salary fees or allowances) as ofmembersthe Minister may determine

7 - (1 ) Any member other than the chairman may at any time resign Resignation

his office by instrument in writing addressed to the Minister and transmittedthrough the chairman and from the date of receipt by the Minister of suchinstrument that person shall cease to be a member

(2) The chairman may at any time resign his office by instrument

in writing addressed to the Minister and such resignation shall take effect asfrom the date of receipt by the Minister of that instrument

8 If any vacancy occurs in the membership of the Disciplinary Panel Fillingof

such vacancy shall be filled by the appointment of another member so vacancies

however that such appointment shall be made in the same manner and fromthe same category of persons as would be required in the case of the originalappointment

9 - ( l ) No proceedings shall be brought or instituted before any court or htection

tribunal personally against any member of the Disciplinary Panel in respect ofmembers

of any act done bo na jide in pursuance or execution or intended execution ofthis Act

(2) Where any member is exempt from liability by reason only ofthe provisions of this paragraph the Disciplinary Panel shall be liable to theextent that it would be if that member were an employee or agent of theDisciplinary Panel

10 The names of all members of the Disciplinary Panel sas first Gazettingof

constituted and every change therein shall be published in the Gazette membership

THIfttl SCHEDULE (Section 22)

Constitutionof the Jamaica Anti-Doping Appeals Tribunal

1 The Appeals Tribunal shall consist of sir person- ConstitutionofAppeals

(a) a chairman and vice-chairman k i n g both persons who have Panel

served as either a Judge of the Court of Appeal or of the SupremeCourt

lTbe Indunion or (bb page b rmthoritcd by LN IUnO l l l

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ANTILDOPING IiV SPORT

(b) persons who have served in-

Actingwepombmnts

Revocationof

appointment

Remunetation

Resignation

Filling ofvacancies

(i) the post of a Director of Public Prosecutions or a senior

member of staff of the Office of the Director of PublicProsecutions

(ii) sports administration for at least ten years

(iii) sports medicine for at least ten years

2 The members of the Appeals Tribunal shall be appointed by theMinister by instrument in writing and shall subject to the provisions of thisSchedule hold office for a period of three years

3 Every member shall be eligible for re-appointment

4 If any member of the Appeals Tniunal is absent or unable to performhis duties the Minister may appoint any person to act in the place of thatmember so however that such appointment shall be made in the samemanner and h m mong the same category of persons as would be requiredin the case of a substantive appointment

5 The Minister may at any time revoke the appointment of any memberof theCommission if such member-

(a) becomes of unsound mind or becomes pe-rmanently unable toperform his functions by w o n of i l l health

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

(c) fails without reasonable excuse to cany out any of the functionsconferred or imposed on him under this Act or

(4 ngages in such activities as are reasonably considered prejudicialto the interest of the Commission

6 There shall be paid to the members of the Appeals Tribunal suchremuneration (whether by way of honorarium salary fees or allowances) asthe Minister may determine

7-41) Any member other than the chairman may at any time resign hisoffice by instrument in writing addressed to the Minister and transmittedthrough the chairman and from the date of receipt by the Minister of suchinstrument that person shall cease to be a member

(2) The chairman may at any time resign his oflice by instrument inwriting addressed to the Minister and such resignation shall take effect asfrom the date of receipt by the Minister of that instrument

8 If any vacancy occurs in the membership of the Appeals Tribunal suchvacancy shall be filled by the appointment of another member so however

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ANTI-DOPING IN SPORT

that such appointment shall be made in the same manner and h m he samecategory of persons as would be required in the case of the original

appointment9+1) No proceedings shall be brought or instituted before any court Rotection

or tribunal personally against any member of the Appeals Tribunal in respect of members

of any act done bonafide in pursuance or execution or intended execution ofthis Act

(2) Where any member is exempt from liability by reason only of theprovisions of this paragraph the Appeals Tribunal shall be liable to theextent that it would be if that member were an employee or agent of the

Appeals Tribunal10 The names of all members of the Appeals Tribunal as first constituted Gazatingof

and every change therein shall be published in the Gmette Membenhip

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ANTI-DOPING IN SPORT

Exemption Certificate

17 Tlhe C O ~ I ~ S S ~ O ~hall tecognk the results of laboratory Recognition

d y s i s by other anti-doping organizations once conducted in 0 2 f t ~ faccordance with the WADA International Standard for Dopin

Testing o l g a n d ~ n ~

PART W isciplinary Panel Appeals

18 There is established for the purposes of this Act a M y listm mat

to be d l e d the Jamaica Anti-Doping Disciplinary Panel and theprovisions of the Second Schedule shall have effect as to the hti- oping

constitution and pmcedw of the Disciplinary Panel and Fzhqotherwise in relation thereto second

Schedule

19 Where it appears that there has been an Anti-Doping CommissionI 0der

Rules violation the Commission shall refa the matter to theDisciplinary Panel hearing

20--41) The functions of the Disciplinary Panel shall be Functi0mof

to- the Anti-Doping~ i amp i amp n q

( a ) receive examine and hear evidence relating to an -I

Anti-Doping R des violation

(8) conduct disciplinary hearings related to Anti-DopingRules violations referred to it by the Commission

( c ) determine whether a violation of the Anti-DopingRules has occurred

(4mpose consequences of Anti-Doping Rules yiola-tions

( e ) perfom any other functions that are conferred orimposed on the Disciplinary Panel by this Act

Ilk iachako of (bb pge b iutborhd by IN IUn(DIII

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ANT-DOPINGIN SPORT

EstablishmentofJamaicaAnti-DopingAppealsTribunalThirdSchedule

(2) The Disciplinary Panel shdl consequent onreceiving a written reference h m he Commission asserting an

Anti-Doping rules violation-

(a) within fourteen days of the date of receipt of thereference commence a hearing

(b) within twenty days of the date of receipt of thereference issue a written decision

(c ) within thirty days of the date of receipt of the

reference issue written reasons for the decision givenin paragraph (b)

2 1 4 1 ) Subject to section 23 where-

(a) any athlete or other person who is the subject of thedecision being ap p d e d

(b) the C om iss io n

(c ) the relevant international sporting federation

(8 ) relevant nationd sporting organization

(e) the Jamaica Olympic Association

WADA

is aggrieved by a decision of the Disciplinary Panel that personor body may witkin fourteen days of the decision of theDisciplinary Panel and in the prescribed m m e r lodge magpeal with the Appeds Tribunal established under section 22against any decision of the Disciplinary Panel

(2) Every decision of the Disciplinary Pm el in respectof a Anti-Doping Rules violation shdl remain in effect duringthe appeal process unless the Appeal Tribunal otherwiseorders

2 2 4 1 ) For the purposes of an appeal under section 21there is hereby established an Appeds Tribunal to be calledthe Jamaica Anti-Doping Appeals Tribunal constituted inaccordance with the Third Schedule

Tho i n t l u r i o ~ r this page io authorized by LN IUPOII(

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ANTI-DOPIAG IN SPORT

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

(a) PO hear and determine issues arising fiom a decision ofthe Disciplinary Panel-

(i) that an Anti-Doping Rules violation wascommitted

(ii) imposing consequences of an Anti- DopingRules violation

(iii) ohat ara Anti-Doping Rules violation was not

committed(iv) that an anti-doping orgmimtion lacks

jurisdiction to rule on an Anti-Doping Rulesviolation or consequences of rn Anti-DopingRules violation

(v) to impose a provisional suspension as a result

of a paovisiond hearing

(b ) to determine the consequences of an Anti-DopingR d es violation to to mposed

(c) to perform any other hctions hat me c o n f e d orimposed on the Appeals T r i b d by virtue of this Act

(3) The Appeds T r i b d shdl consequent on thelodging of an appeal under subsection (1)-

(a) within twenty-one days of lodging receive h a mdex m in e the evidence relating to the ap

(b) within thirty days of the date of lodging issue ao

written decision

(c) within sixty days of the date of l dgin g issue writtenreasons for the decision

(4) kra appeal shdl not in its entirety exceed three

months except in extenuating c k w n a m c e s

23 M e r e an appeal is in respect of an i n t e m ~ o dvent ~ S O F

iclkrdonellor a m e nvolving an nternational-level athlete the decision of amp

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ANTI-DOPING IN SPORT

the Disciplinary Panel may k appealed directly to the Court ofArbitration

Apr of 24-41) Any decision by WADA reversing the grant of aTherapeutic Use Exemption Certificate or as the case be the

d refusal to grant may be appealed directly by the athlete or theUw

~xwptimCommission to the Court of Arbitration

M B e (2) Where an international-level athlete has made an

application for a Therapeutic Use Exemption Certificate andthe international sporting federation has reksed to grarnt

such Therapeutic Use Exemption Certificate the athlete mayappeal exclusively to the Court of Arbitration in respect ofthe refusal to grant the Therapeutic Use ExemptionCertificate

(3) Where the JADCO TUEC has refused to grant aTherapeutic Use Exemption Certificate to a national-levelathlete the athlete may make an appeal to the Appeals Tribunal

(4) Where the Appeals Tribunal reverses the decision ofthe JADCO TklEC to grant a Therapeutic Use ExemptionCertificate WADA may appeal to the Court of Arbitration

Miscellaneous

canmtaity 25-41) Every-

(a ) member of the Commission(b) officer m d employee of the Com is si on

(c) expert retained by the Commission to m i s t in itsinvestigations and delikrations

(4 ember of the Appeals Tribunal

(e ) member of the JADCO TUEC

V) member of the Disciplinary Panel

shall keep secret and confidential all information coming to hisknowledge in the course of the administration of this Act exceptin so far as the Commission authorizes that pason to releasethat information

l l b e ampndaabmof tbb pmge b ntborbcd by DJVILU(QlIj

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ANTI-DOPING IN SPORT

(2) Any person who contravenes subsection (1) shd lbe guilty of an offence and s M l be liable on smw

conviction in a Resident Magistrates Court to a fine notexceeding one million dollars

26-41) The Minister may make regulations generally for awlations

giving effect to the provisions of this Act and without prejudiceto the generality of the foregoing the regulations may pmvidefor-

(a) the determination and collection of fees m d charges in

connection with the exercise of the Ruactions of theCommission

(b) the keeping of such records as the Minister may

require for the pwposes of this Act

(c) the forms to be used for the ppsrposes of this Act and

(4 mything required by this Act to be prescribed

(2) Regulations made under subsection (1) may pmvidefor the imposition of a penalty on summary conviction in a

Resident Magistrates Cowt of a fine not ex ce din g one milliondollars or a term of imprisonment not e x d i n g six months orboth such fine and imprisonment

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ART-DOBlNG lN SPORT

Constitution and Procedure of the Jamaica Anti-Doping Commission

1 The Commission shall consist of the following mem krs-

(a) not less than nine md not more than thirteen persons who theMinister is satisfied am of high integrity and able to exercise soundjudgment in faz8filling their responsibilities under this Act

(heminafter r e f e d to asappointed memkmsn)

(b) the Executive Director of the Commission and the PemmentSempary or his nominee (heminailer r e f e d to as ex-officiomembers)

2 The appointed members of the Commission shall be appointed by theMinister by instrument in writing and shall subject to the provisions of thisSchedule hold office for a pmisd of three years

3 Every appointed member shall be eligible for re-appointment

4 4 1 ) The Minister shdl appoint a chairman and a deputy chairman fromamong the appointed members

(2) ln the case of absence or inability to act of the chaiman thedeputy chairman shall perform the functions of the chaiman

(3) In the case of absence or inability to act of both the chairman and

deputy chairman the Minister may appoint any other member to perform thefunctions of the chairman or as he case may be the deputy chairman duringsuch absence or incapacity

5 If any member is absent or unable to pedorm his duties due to absenceor illness the Minister may appoint any person to act in the place of that

member so however that such appointment shall be made in the m emanner and fiom among the same category of p o n s as would be requiredin the case of a substantive appointment

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

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

(6) is convicted and sentenced to a tenn of imprisonment

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

(4 ngages in such activities as are reasonably consided prejudicialto the interest of the Commission

[The i a h h n cP Ibb amp aulborired by LN i23fZOlll

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M I- D O P IN G IN SPORT 29

7 Thew shall be paid to the members of the Commission such ~mlanaretfol~

remuneration (whether by way of honowriurn salary fees or allowances) as of^^

the Minister with responsibility for the public service may determine

8 Fiye members of the Commission shall form a quorum at any m m

meeting

9 - 4 1 ) An appointed member other than the chahan may at any time Resignation

resign his office by instrument in writing addressed to the Minister and

transmitted through the chairman and fiom the date of receipt by the Minister

of such instrument that person shall cease to be a member

(2) The chairman may at any time resign his office by instrument

in writing addressed to the Minister and such resignation shallrtake eflst

as from the date of receipt by the Minister of that insitmment

10 If any vacancy occurs in the membership of the Commission Fillingof

such vacancy shall be filled by the appointment of another member vrmcmcics

B 1 4 1) No p w i n g s shall be brought or instituted before any co w or meah

tribunal personally against any member of the Commission in respect of my of ~~~act done bonaflde in pursuance or execution or intended execution of this

A n

(2) Where any member is exempt from liability by reason only ofthe provisions of this paragraph the Commission shall be liable to the extent

that it would be if that member were an employee or agent of the

Commission

I f The names of all members of the Commissionas first constimed and Gazetting of

every change therein shall be published in the Gazette ~ h h i p

Administrbrion and Fdnance

1341) The Commission shall appoint and employ at such remuneration ampin-8

and on such terms and conditions as it thinks fit an Executive Director a zySecretary and such other officers employees and agents as it considers mflom

necessary for q e proper carrying out of its functions

(2) Notwithstanding sub-paragraph (1)-

(a) a salary in excess of the prescribed rate shall not be assigned to

any post without the prior approval of the Minister and

(b) an appointment shall not be made to any post to which a salary in

excess of the prescribed rate is assigned without the prior approval

of the Minister

(3) In this section prescribed me means such rate as thk

Minister with responsibility for the public service may by order prescribe

IThe lndluioe of this pap is authorired by LN 1232011(

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38 M-DOPING N SPORT

W i 14 The Commission may with the written appmval of the Minister-gmwitksmd

~iharuirimg (a) enter into ammgements respecting schemes whether by way of

bencri insurance policies of otherwise or(6) make regulations

for medical h e f i 4 pensions gratuities and other retiring benefits ordisability or death benefits relating to employees of the Commission andsuch arrangements or regulations may include provisions for the g m t ofbenefits to the dependants and the legal personal representatives of suchemployees

Fundo lad 1 5 4 1) The dunds and resources of the Commission shall consist of-fsaufca ofC g m n i h (a) such funds as may be provided by Parliament for the Commission

in the annual Estimates of Revenue and Expenditum

(b) revenues ampom fees and charges impsed by the Commission form y -ices p d d d by it or the use of any facility

(c) s ~ c h m s as may beallocated b m time to time to theCommission b m esearch or education gmts or fiwm loan fundsand

(d)all o t h a m s r property which may in any manner becomepayable to or vested in the Commission in respect of any matterincidental to its functions

(2) The expenses of the Commission including the remunerationof members md employees shall be paid out of the funds of theCommission

~BDPKCDLO 16 All moneys s f the Commission not q u i r e d to be expended fork v a the purpose of meeting any of the obligations or discharging any of them finctions of the Commission may be invested in such securities as the

Commission may afier consultation with the Minister responsible forfinance consider appropriate and the Commission may sell all or any of suchsecurities

d 17---(I) The Commission shall keep proper accounts and other records inmlation to its business and shall prepare mually in msgect of each financialyear a statement of accounts in a form satisfactory to the Minister beinga form which eon foms with established accounting principles

(2) The accounts of the Commission shall be audited annually by anauditor or auditors appointed by the Commission and approved by theMinis-

(3) The members ofticers and employees ofthe Commission shall-

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ANTI-DOPING IN SPORT 3 1

(a) grant to the auditor appointed under sub-paragraph (2) accessto all books documents cash and securities of the Commissionand

(b) give to the auditor on request all such information as may be

within their knowledge in relation to the Commissions operations

(4) The auditors fees and any expenses of the audit shall be paid bythe Commission

(5) The Auditor-General shall be entitled at all reasonable times toexamine the accounts and other records in relation to the business of theCommission

l8-(l) The Commission shall within six months afterthe end of each A n n d

financial year or within such longer priod as the Minister may in spcialcircumstances allow cause to be made and transmit to the Minister a regort edi-

dealing generally with the activities of the Commission during the precedingyear including-

(a) a statement of its accounts audited in accordance with paragraph 17

(b) a statement of the outcomes and findings of its annual testing

programme including satis tical information on-(i) the provision of samples by athletes

(ii) the testing of samples so provided and

(iii) the extent of the participation of ~ a ti o na l sportingorganizations in testing programmes operated or suppofldby the Commission

(c) the results of Anti-Doping research undertaken by or supported bythe Commission

(4 summary of the education and public information programmesundertaken by or supported by the Commission and

(e) particulars of the extent to which the Commission has compllidwith and achieved the objectives of any sb-ategic plan and theoperational plan in force during the financial year to which theregort relates

(2) The Minister shall cause copies of the report together with the

a n n u l statement of accounts and the auditors report thereon to belaid on theTable of the House of Representatives and of the Senate

(3) The Commission shall before a date specified by the Minisampsubmit to the Minister for his approval estimates of revenue and expenditurefor the ensuing year

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32 ANTI-DOFING IN SPORT

Exemption 1 The income of the Commission shall be exempt fiom incomefminsome

tax

SECOND CHEDULE (Seaion 18)

Constirution of h e Jamaica Awi-Dop ing Disciplinary Panel

Cm d t u t h 141) The Disciplinary Panel shall consist of not more than nineOf Discipi- persons appointed as fol~ows-nsr)Pawl

(a) m chairman and two vice chairmen each of whom shall be legal

practitioners of not less than 18 years of experience

(b) three persons each of whom has been duly qualified medical

practitioners for not less than five years

(el three additioilal members each of whom shall be or has previously

been a spaas administrator or an athlete

(2) The chairman or in his absence the vice chairman shall

appoint three members frsm the panel to hear and determine each case

(3) Every hearing shall comprise of the chairman or a vice chairman

as chairman of the hearing panel one medical pmctitioner member and one- sp rt s dminismtosor athlete member

Tenurecf 2 The members shall be a~pointedby the Minister by instrument inofiw w-riting md shall subject to the provisions of this Schedule hold ofice for a

period of three years

lp 3 Every member shall be eligible for re-a~pointment

qipkmlm

~c t i ng 4 If my member is absent or unable to act the Minister may appoint anyWiatmesrtscerson to act in the glace of that member so however that such appointment

shdl be made in the same manner and frsm among the same category of

persons as would be required in h e case of a substantive appointment

Ip-b 5 The Minister may at any time revoke the appointment of any member

of the Disciplil~~~jymel if such member-8mm

(a) becomes ~f unsound mind or becomes pemanently unable to

p f o m his frsnctions by reason of i l l health

(b) is wnvicted and sentencedto a term of imprisonment

(6 ) hils withotit peasonable excuse to carny out any of the functions

m L d r ionposed on him under this Act or

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ANTI-DOPING IN SPORT 33

( 8 ) engages in such activities as are reasonably considered prejudicialto the interest of the Commission

16 There shall be paid to the members of the Disciplinary Panel such Remuneration

remuneration (whether by way of honorarium salary fees or allowances) as ofmembersthe Minister may determine

7 - (1 ) Any member other than the chairman may at any time resign Resignation

his office by instrument in writing addressed to the Minister and transmittedthrough the chairman and from the date of receipt by the Minister of suchinstrument that person shall cease to be a member

(2) The chairman may at any time resign his office by instrument

in writing addressed to the Minister and such resignation shall take effect asfrom the date of receipt by the Minister of that instrument

8 If any vacancy occurs in the membership of the Disciplinary Panel Fillingof

such vacancy shall be filled by the appointment of another member so vacancies

however that such appointment shall be made in the same manner and fromthe same category of persons as would be required in the case of the originalappointment

9 - ( l ) No proceedings shall be brought or instituted before any court or htection

tribunal personally against any member of the Disciplinary Panel in respect ofmembers

of any act done bo na jide in pursuance or execution or intended execution ofthis Act

(2) Where any member is exempt from liability by reason only ofthe provisions of this paragraph the Disciplinary Panel shall be liable to theextent that it would be if that member were an employee or agent of theDisciplinary Panel

10 The names of all members of the Disciplinary Panel sas first Gazettingof

constituted and every change therein shall be published in the Gazette membership

THIfttl SCHEDULE (Section 22)

Constitutionof the Jamaica Anti-Doping Appeals Tribunal

1 The Appeals Tribunal shall consist of sir person- ConstitutionofAppeals

(a) a chairman and vice-chairman k i n g both persons who have Panel

served as either a Judge of the Court of Appeal or of the SupremeCourt

lTbe Indunion or (bb page b rmthoritcd by LN IUnO l l l

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ANTILDOPING IiV SPORT

(b) persons who have served in-

Actingwepombmnts

Revocationof

appointment

Remunetation

Resignation

Filling ofvacancies

(i) the post of a Director of Public Prosecutions or a senior

member of staff of the Office of the Director of PublicProsecutions

(ii) sports administration for at least ten years

(iii) sports medicine for at least ten years

2 The members of the Appeals Tribunal shall be appointed by theMinister by instrument in writing and shall subject to the provisions of thisSchedule hold office for a period of three years

3 Every member shall be eligible for re-appointment

4 If any member of the Appeals Tniunal is absent or unable to performhis duties the Minister may appoint any person to act in the place of thatmember so however that such appointment shall be made in the samemanner and h m mong the same category of persons as would be requiredin the case of a substantive appointment

5 The Minister may at any time revoke the appointment of any memberof theCommission if such member-

(a) becomes of unsound mind or becomes pe-rmanently unable toperform his functions by w o n of i l l health

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

(c) fails without reasonable excuse to cany out any of the functionsconferred or imposed on him under this Act or

(4 ngages in such activities as are reasonably considered prejudicialto the interest of the Commission

6 There shall be paid to the members of the Appeals Tribunal suchremuneration (whether by way of honorarium salary fees or allowances) asthe Minister may determine

7-41) Any member other than the chairman may at any time resign hisoffice by instrument in writing addressed to the Minister and transmittedthrough the chairman and from the date of receipt by the Minister of suchinstrument that person shall cease to be a member

(2) The chairman may at any time resign his oflice by instrument inwriting addressed to the Minister and such resignation shall take effect asfrom the date of receipt by the Minister of that instrument

8 If any vacancy occurs in the membership of the Appeals Tribunal suchvacancy shall be filled by the appointment of another member so however

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ANTI-DOPING IN SPORT

that such appointment shall be made in the same manner and h m he samecategory of persons as would be required in the case of the original

appointment9+1) No proceedings shall be brought or instituted before any court Rotection

or tribunal personally against any member of the Appeals Tribunal in respect of members

of any act done bonafide in pursuance or execution or intended execution ofthis Act

(2) Where any member is exempt from liability by reason only of theprovisions of this paragraph the Appeals Tribunal shall be liable to theextent that it would be if that member were an employee or agent of the

Appeals Tribunal10 The names of all members of the Appeals Tribunal as first constituted Gazatingof

and every change therein shall be published in the Gmette Membenhip

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ANT-DOPINGIN SPORT

EstablishmentofJamaicaAnti-DopingAppealsTribunalThirdSchedule

(2) The Disciplinary Panel shdl consequent onreceiving a written reference h m he Commission asserting an

Anti-Doping rules violation-

(a) within fourteen days of the date of receipt of thereference commence a hearing

(b) within twenty days of the date of receipt of thereference issue a written decision

(c ) within thirty days of the date of receipt of the

reference issue written reasons for the decision givenin paragraph (b)

2 1 4 1 ) Subject to section 23 where-

(a) any athlete or other person who is the subject of thedecision being ap p d e d

(b) the C om iss io n

(c ) the relevant international sporting federation

(8 ) relevant nationd sporting organization

(e) the Jamaica Olympic Association

WADA

is aggrieved by a decision of the Disciplinary Panel that personor body may witkin fourteen days of the decision of theDisciplinary Panel and in the prescribed m m e r lodge magpeal with the Appeds Tribunal established under section 22against any decision of the Disciplinary Panel

(2) Every decision of the Disciplinary Pm el in respectof a Anti-Doping Rules violation shdl remain in effect duringthe appeal process unless the Appeal Tribunal otherwiseorders

2 2 4 1 ) For the purposes of an appeal under section 21there is hereby established an Appeds Tribunal to be calledthe Jamaica Anti-Doping Appeals Tribunal constituted inaccordance with the Third Schedule

Tho i n t l u r i o ~ r this page io authorized by LN IUPOII(

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ANTI-DOPIAG IN SPORT

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

(a) PO hear and determine issues arising fiom a decision ofthe Disciplinary Panel-

(i) that an Anti-Doping Rules violation wascommitted

(ii) imposing consequences of an Anti- DopingRules violation

(iii) ohat ara Anti-Doping Rules violation was not

committed(iv) that an anti-doping orgmimtion lacks

jurisdiction to rule on an Anti-Doping Rulesviolation or consequences of rn Anti-DopingRules violation

(v) to impose a provisional suspension as a result

of a paovisiond hearing

(b ) to determine the consequences of an Anti-DopingR d es violation to to mposed

(c) to perform any other hctions hat me c o n f e d orimposed on the Appeals T r i b d by virtue of this Act

(3) The Appeds T r i b d shdl consequent on thelodging of an appeal under subsection (1)-

(a) within twenty-one days of lodging receive h a mdex m in e the evidence relating to the ap

(b) within thirty days of the date of lodging issue ao

written decision

(c) within sixty days of the date of l dgin g issue writtenreasons for the decision

(4) kra appeal shdl not in its entirety exceed three

months except in extenuating c k w n a m c e s

23 M e r e an appeal is in respect of an i n t e m ~ o dvent ~ S O F

iclkrdonellor a m e nvolving an nternational-level athlete the decision of amp

832019 The Anti-Doping in Sport Act

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ANTI-DOPING IN SPORT

the Disciplinary Panel may k appealed directly to the Court ofArbitration

Apr of 24-41) Any decision by WADA reversing the grant of aTherapeutic Use Exemption Certificate or as the case be the

d refusal to grant may be appealed directly by the athlete or theUw

~xwptimCommission to the Court of Arbitration

M B e (2) Where an international-level athlete has made an

application for a Therapeutic Use Exemption Certificate andthe international sporting federation has reksed to grarnt

such Therapeutic Use Exemption Certificate the athlete mayappeal exclusively to the Court of Arbitration in respect ofthe refusal to grant the Therapeutic Use ExemptionCertificate

(3) Where the JADCO TUEC has refused to grant aTherapeutic Use Exemption Certificate to a national-levelathlete the athlete may make an appeal to the Appeals Tribunal

(4) Where the Appeals Tribunal reverses the decision ofthe JADCO TklEC to grant a Therapeutic Use ExemptionCertificate WADA may appeal to the Court of Arbitration

Miscellaneous

canmtaity 25-41) Every-

(a ) member of the Commission(b) officer m d employee of the Com is si on

(c) expert retained by the Commission to m i s t in itsinvestigations and delikrations

(4 ember of the Appeals Tribunal

(e ) member of the JADCO TUEC

V) member of the Disciplinary Panel

shall keep secret and confidential all information coming to hisknowledge in the course of the administration of this Act exceptin so far as the Commission authorizes that pason to releasethat information

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832019 The Anti-Doping in Sport Act

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ANTI-DOPING IN SPORT

(2) Any person who contravenes subsection (1) shd lbe guilty of an offence and s M l be liable on smw

conviction in a Resident Magistrates Court to a fine notexceeding one million dollars

26-41) The Minister may make regulations generally for awlations

giving effect to the provisions of this Act and without prejudiceto the generality of the foregoing the regulations may pmvidefor-

(a) the determination and collection of fees m d charges in

connection with the exercise of the Ruactions of theCommission

(b) the keeping of such records as the Minister may

require for the pwposes of this Act

(c) the forms to be used for the ppsrposes of this Act and

(4 mything required by this Act to be prescribed

(2) Regulations made under subsection (1) may pmvidefor the imposition of a penalty on summary conviction in a

Resident Magistrates Cowt of a fine not ex ce din g one milliondollars or a term of imprisonment not e x d i n g six months orboth such fine and imprisonment

832019 The Anti-Doping in Sport Act

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ART-DOBlNG lN SPORT

Constitution and Procedure of the Jamaica Anti-Doping Commission

1 The Commission shall consist of the following mem krs-

(a) not less than nine md not more than thirteen persons who theMinister is satisfied am of high integrity and able to exercise soundjudgment in faz8filling their responsibilities under this Act

(heminafter r e f e d to asappointed memkmsn)

(b) the Executive Director of the Commission and the PemmentSempary or his nominee (heminailer r e f e d to as ex-officiomembers)

2 The appointed members of the Commission shall be appointed by theMinister by instrument in writing and shall subject to the provisions of thisSchedule hold office for a pmisd of three years

3 Every appointed member shall be eligible for re-appointment

4 4 1 ) The Minister shdl appoint a chairman and a deputy chairman fromamong the appointed members

(2) ln the case of absence or inability to act of the chaiman thedeputy chairman shall perform the functions of the chaiman

(3) In the case of absence or inability to act of both the chairman and

deputy chairman the Minister may appoint any other member to perform thefunctions of the chairman or as he case may be the deputy chairman duringsuch absence or incapacity

5 If any member is absent or unable to pedorm his duties due to absenceor illness the Minister may appoint any person to act in the place of that

member so however that such appointment shall be made in the m emanner and fiom among the same category of p o n s as would be requiredin the case of a substantive appointment

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

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

(6) is convicted and sentenced to a tenn of imprisonment

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

(4 ngages in such activities as are reasonably consided prejudicialto the interest of the Commission

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M I- D O P IN G IN SPORT 29

7 Thew shall be paid to the members of the Commission such ~mlanaretfol~

remuneration (whether by way of honowriurn salary fees or allowances) as of^^

the Minister with responsibility for the public service may determine

8 Fiye members of the Commission shall form a quorum at any m m

meeting

9 - 4 1 ) An appointed member other than the chahan may at any time Resignation

resign his office by instrument in writing addressed to the Minister and

transmitted through the chairman and fiom the date of receipt by the Minister

of such instrument that person shall cease to be a member

(2) The chairman may at any time resign his office by instrument

in writing addressed to the Minister and such resignation shallrtake eflst

as from the date of receipt by the Minister of that insitmment

10 If any vacancy occurs in the membership of the Commission Fillingof

such vacancy shall be filled by the appointment of another member vrmcmcics

B 1 4 1) No p w i n g s shall be brought or instituted before any co w or meah

tribunal personally against any member of the Commission in respect of my of ~~~act done bonaflde in pursuance or execution or intended execution of this

A n

(2) Where any member is exempt from liability by reason only ofthe provisions of this paragraph the Commission shall be liable to the extent

that it would be if that member were an employee or agent of the

Commission

I f The names of all members of the Commissionas first constimed and Gazetting of

every change therein shall be published in the Gazette ~ h h i p

Administrbrion and Fdnance

1341) The Commission shall appoint and employ at such remuneration ampin-8

and on such terms and conditions as it thinks fit an Executive Director a zySecretary and such other officers employees and agents as it considers mflom

necessary for q e proper carrying out of its functions

(2) Notwithstanding sub-paragraph (1)-

(a) a salary in excess of the prescribed rate shall not be assigned to

any post without the prior approval of the Minister and

(b) an appointment shall not be made to any post to which a salary in

excess of the prescribed rate is assigned without the prior approval

of the Minister

(3) In this section prescribed me means such rate as thk

Minister with responsibility for the public service may by order prescribe

IThe lndluioe of this pap is authorired by LN 1232011(

832019 The Anti-Doping in Sport Act

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38 M-DOPING N SPORT

W i 14 The Commission may with the written appmval of the Minister-gmwitksmd

~iharuirimg (a) enter into ammgements respecting schemes whether by way of

bencri insurance policies of otherwise or(6) make regulations

for medical h e f i 4 pensions gratuities and other retiring benefits ordisability or death benefits relating to employees of the Commission andsuch arrangements or regulations may include provisions for the g m t ofbenefits to the dependants and the legal personal representatives of suchemployees

Fundo lad 1 5 4 1) The dunds and resources of the Commission shall consist of-fsaufca ofC g m n i h (a) such funds as may be provided by Parliament for the Commission

in the annual Estimates of Revenue and Expenditum

(b) revenues ampom fees and charges impsed by the Commission form y -ices p d d d by it or the use of any facility

(c) s ~ c h m s as may beallocated b m time to time to theCommission b m esearch or education gmts or fiwm loan fundsand

(d)all o t h a m s r property which may in any manner becomepayable to or vested in the Commission in respect of any matterincidental to its functions

(2) The expenses of the Commission including the remunerationof members md employees shall be paid out of the funds of theCommission

~BDPKCDLO 16 All moneys s f the Commission not q u i r e d to be expended fork v a the purpose of meeting any of the obligations or discharging any of them finctions of the Commission may be invested in such securities as the

Commission may afier consultation with the Minister responsible forfinance consider appropriate and the Commission may sell all or any of suchsecurities

d 17---(I) The Commission shall keep proper accounts and other records inmlation to its business and shall prepare mually in msgect of each financialyear a statement of accounts in a form satisfactory to the Minister beinga form which eon foms with established accounting principles

(2) The accounts of the Commission shall be audited annually by anauditor or auditors appointed by the Commission and approved by theMinis-

(3) The members ofticers and employees ofthe Commission shall-

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ANTI-DOPING IN SPORT 3 1

(a) grant to the auditor appointed under sub-paragraph (2) accessto all books documents cash and securities of the Commissionand

(b) give to the auditor on request all such information as may be

within their knowledge in relation to the Commissions operations

(4) The auditors fees and any expenses of the audit shall be paid bythe Commission

(5) The Auditor-General shall be entitled at all reasonable times toexamine the accounts and other records in relation to the business of theCommission

l8-(l) The Commission shall within six months afterthe end of each A n n d

financial year or within such longer priod as the Minister may in spcialcircumstances allow cause to be made and transmit to the Minister a regort edi-

dealing generally with the activities of the Commission during the precedingyear including-

(a) a statement of its accounts audited in accordance with paragraph 17

(b) a statement of the outcomes and findings of its annual testing

programme including satis tical information on-(i) the provision of samples by athletes

(ii) the testing of samples so provided and

(iii) the extent of the participation of ~ a ti o na l sportingorganizations in testing programmes operated or suppofldby the Commission

(c) the results of Anti-Doping research undertaken by or supported bythe Commission

(4 summary of the education and public information programmesundertaken by or supported by the Commission and

(e) particulars of the extent to which the Commission has compllidwith and achieved the objectives of any sb-ategic plan and theoperational plan in force during the financial year to which theregort relates

(2) The Minister shall cause copies of the report together with the

a n n u l statement of accounts and the auditors report thereon to belaid on theTable of the House of Representatives and of the Senate

(3) The Commission shall before a date specified by the Minisampsubmit to the Minister for his approval estimates of revenue and expenditurefor the ensuing year

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32 ANTI-DOFING IN SPORT

Exemption 1 The income of the Commission shall be exempt fiom incomefminsome

tax

SECOND CHEDULE (Seaion 18)

Constirution of h e Jamaica Awi-Dop ing Disciplinary Panel

Cm d t u t h 141) The Disciplinary Panel shall consist of not more than nineOf Discipi- persons appointed as fol~ows-nsr)Pawl

(a) m chairman and two vice chairmen each of whom shall be legal

practitioners of not less than 18 years of experience

(b) three persons each of whom has been duly qualified medical

practitioners for not less than five years

(el three additioilal members each of whom shall be or has previously

been a spaas administrator or an athlete

(2) The chairman or in his absence the vice chairman shall

appoint three members frsm the panel to hear and determine each case

(3) Every hearing shall comprise of the chairman or a vice chairman

as chairman of the hearing panel one medical pmctitioner member and one- sp rt s dminismtosor athlete member

Tenurecf 2 The members shall be a~pointedby the Minister by instrument inofiw w-riting md shall subject to the provisions of this Schedule hold ofice for a

period of three years

lp 3 Every member shall be eligible for re-a~pointment

qipkmlm

~c t i ng 4 If my member is absent or unable to act the Minister may appoint anyWiatmesrtscerson to act in the glace of that member so however that such appointment

shdl be made in the same manner and frsm among the same category of

persons as would be required in h e case of a substantive appointment

Ip-b 5 The Minister may at any time revoke the appointment of any member

of the Disciplil~~~jymel if such member-8mm

(a) becomes ~f unsound mind or becomes pemanently unable to

p f o m his frsnctions by reason of i l l health

(b) is wnvicted and sentencedto a term of imprisonment

(6 ) hils withotit peasonable excuse to carny out any of the functions

m L d r ionposed on him under this Act or

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ANTI-DOPING IN SPORT 33

( 8 ) engages in such activities as are reasonably considered prejudicialto the interest of the Commission

16 There shall be paid to the members of the Disciplinary Panel such Remuneration

remuneration (whether by way of honorarium salary fees or allowances) as ofmembersthe Minister may determine

7 - (1 ) Any member other than the chairman may at any time resign Resignation

his office by instrument in writing addressed to the Minister and transmittedthrough the chairman and from the date of receipt by the Minister of suchinstrument that person shall cease to be a member

(2) The chairman may at any time resign his office by instrument

in writing addressed to the Minister and such resignation shall take effect asfrom the date of receipt by the Minister of that instrument

8 If any vacancy occurs in the membership of the Disciplinary Panel Fillingof

such vacancy shall be filled by the appointment of another member so vacancies

however that such appointment shall be made in the same manner and fromthe same category of persons as would be required in the case of the originalappointment

9 - ( l ) No proceedings shall be brought or instituted before any court or htection

tribunal personally against any member of the Disciplinary Panel in respect ofmembers

of any act done bo na jide in pursuance or execution or intended execution ofthis Act

(2) Where any member is exempt from liability by reason only ofthe provisions of this paragraph the Disciplinary Panel shall be liable to theextent that it would be if that member were an employee or agent of theDisciplinary Panel

10 The names of all members of the Disciplinary Panel sas first Gazettingof

constituted and every change therein shall be published in the Gazette membership

THIfttl SCHEDULE (Section 22)

Constitutionof the Jamaica Anti-Doping Appeals Tribunal

1 The Appeals Tribunal shall consist of sir person- ConstitutionofAppeals

(a) a chairman and vice-chairman k i n g both persons who have Panel

served as either a Judge of the Court of Appeal or of the SupremeCourt

lTbe Indunion or (bb page b rmthoritcd by LN IUnO l l l

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ANTILDOPING IiV SPORT

(b) persons who have served in-

Actingwepombmnts

Revocationof

appointment

Remunetation

Resignation

Filling ofvacancies

(i) the post of a Director of Public Prosecutions or a senior

member of staff of the Office of the Director of PublicProsecutions

(ii) sports administration for at least ten years

(iii) sports medicine for at least ten years

2 The members of the Appeals Tribunal shall be appointed by theMinister by instrument in writing and shall subject to the provisions of thisSchedule hold office for a period of three years

3 Every member shall be eligible for re-appointment

4 If any member of the Appeals Tniunal is absent or unable to performhis duties the Minister may appoint any person to act in the place of thatmember so however that such appointment shall be made in the samemanner and h m mong the same category of persons as would be requiredin the case of a substantive appointment

5 The Minister may at any time revoke the appointment of any memberof theCommission if such member-

(a) becomes of unsound mind or becomes pe-rmanently unable toperform his functions by w o n of i l l health

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

(c) fails without reasonable excuse to cany out any of the functionsconferred or imposed on him under this Act or

(4 ngages in such activities as are reasonably considered prejudicialto the interest of the Commission

6 There shall be paid to the members of the Appeals Tribunal suchremuneration (whether by way of honorarium salary fees or allowances) asthe Minister may determine

7-41) Any member other than the chairman may at any time resign hisoffice by instrument in writing addressed to the Minister and transmittedthrough the chairman and from the date of receipt by the Minister of suchinstrument that person shall cease to be a member

(2) The chairman may at any time resign his oflice by instrument inwriting addressed to the Minister and such resignation shall take effect asfrom the date of receipt by the Minister of that instrument

8 If any vacancy occurs in the membership of the Appeals Tribunal suchvacancy shall be filled by the appointment of another member so however

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ANTI-DOPING IN SPORT

that such appointment shall be made in the same manner and h m he samecategory of persons as would be required in the case of the original

appointment9+1) No proceedings shall be brought or instituted before any court Rotection

or tribunal personally against any member of the Appeals Tribunal in respect of members

of any act done bonafide in pursuance or execution or intended execution ofthis Act

(2) Where any member is exempt from liability by reason only of theprovisions of this paragraph the Appeals Tribunal shall be liable to theextent that it would be if that member were an employee or agent of the

Appeals Tribunal10 The names of all members of the Appeals Tribunal as first constituted Gazatingof

and every change therein shall be published in the Gmette Membenhip

832019 The Anti-Doping in Sport Act

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ANTI-DOPIAG IN SPORT

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

(a) PO hear and determine issues arising fiom a decision ofthe Disciplinary Panel-

(i) that an Anti-Doping Rules violation wascommitted

(ii) imposing consequences of an Anti- DopingRules violation

(iii) ohat ara Anti-Doping Rules violation was not

committed(iv) that an anti-doping orgmimtion lacks

jurisdiction to rule on an Anti-Doping Rulesviolation or consequences of rn Anti-DopingRules violation

(v) to impose a provisional suspension as a result

of a paovisiond hearing

(b ) to determine the consequences of an Anti-DopingR d es violation to to mposed

(c) to perform any other hctions hat me c o n f e d orimposed on the Appeals T r i b d by virtue of this Act

(3) The Appeds T r i b d shdl consequent on thelodging of an appeal under subsection (1)-

(a) within twenty-one days of lodging receive h a mdex m in e the evidence relating to the ap

(b) within thirty days of the date of lodging issue ao

written decision

(c) within sixty days of the date of l dgin g issue writtenreasons for the decision

(4) kra appeal shdl not in its entirety exceed three

months except in extenuating c k w n a m c e s

23 M e r e an appeal is in respect of an i n t e m ~ o dvent ~ S O F

iclkrdonellor a m e nvolving an nternational-level athlete the decision of amp

832019 The Anti-Doping in Sport Act

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ANTI-DOPING IN SPORT

the Disciplinary Panel may k appealed directly to the Court ofArbitration

Apr of 24-41) Any decision by WADA reversing the grant of aTherapeutic Use Exemption Certificate or as the case be the

d refusal to grant may be appealed directly by the athlete or theUw

~xwptimCommission to the Court of Arbitration

M B e (2) Where an international-level athlete has made an

application for a Therapeutic Use Exemption Certificate andthe international sporting federation has reksed to grarnt

such Therapeutic Use Exemption Certificate the athlete mayappeal exclusively to the Court of Arbitration in respect ofthe refusal to grant the Therapeutic Use ExemptionCertificate

(3) Where the JADCO TUEC has refused to grant aTherapeutic Use Exemption Certificate to a national-levelathlete the athlete may make an appeal to the Appeals Tribunal

(4) Where the Appeals Tribunal reverses the decision ofthe JADCO TklEC to grant a Therapeutic Use ExemptionCertificate WADA may appeal to the Court of Arbitration

Miscellaneous

canmtaity 25-41) Every-

(a ) member of the Commission(b) officer m d employee of the Com is si on

(c) expert retained by the Commission to m i s t in itsinvestigations and delikrations

(4 ember of the Appeals Tribunal

(e ) member of the JADCO TUEC

V) member of the Disciplinary Panel

shall keep secret and confidential all information coming to hisknowledge in the course of the administration of this Act exceptin so far as the Commission authorizes that pason to releasethat information

l l b e ampndaabmof tbb pmge b ntborbcd by DJVILU(QlIj

832019 The Anti-Doping in Sport Act

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ANTI-DOPING IN SPORT

(2) Any person who contravenes subsection (1) shd lbe guilty of an offence and s M l be liable on smw

conviction in a Resident Magistrates Court to a fine notexceeding one million dollars

26-41) The Minister may make regulations generally for awlations

giving effect to the provisions of this Act and without prejudiceto the generality of the foregoing the regulations may pmvidefor-

(a) the determination and collection of fees m d charges in

connection with the exercise of the Ruactions of theCommission

(b) the keeping of such records as the Minister may

require for the pwposes of this Act

(c) the forms to be used for the ppsrposes of this Act and

(4 mything required by this Act to be prescribed

(2) Regulations made under subsection (1) may pmvidefor the imposition of a penalty on summary conviction in a

Resident Magistrates Cowt of a fine not ex ce din g one milliondollars or a term of imprisonment not e x d i n g six months orboth such fine and imprisonment

832019 The Anti-Doping in Sport Act

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ART-DOBlNG lN SPORT

Constitution and Procedure of the Jamaica Anti-Doping Commission

1 The Commission shall consist of the following mem krs-

(a) not less than nine md not more than thirteen persons who theMinister is satisfied am of high integrity and able to exercise soundjudgment in faz8filling their responsibilities under this Act

(heminafter r e f e d to asappointed memkmsn)

(b) the Executive Director of the Commission and the PemmentSempary or his nominee (heminailer r e f e d to as ex-officiomembers)

2 The appointed members of the Commission shall be appointed by theMinister by instrument in writing and shall subject to the provisions of thisSchedule hold office for a pmisd of three years

3 Every appointed member shall be eligible for re-appointment

4 4 1 ) The Minister shdl appoint a chairman and a deputy chairman fromamong the appointed members

(2) ln the case of absence or inability to act of the chaiman thedeputy chairman shall perform the functions of the chaiman

(3) In the case of absence or inability to act of both the chairman and

deputy chairman the Minister may appoint any other member to perform thefunctions of the chairman or as he case may be the deputy chairman duringsuch absence or incapacity

5 If any member is absent or unable to pedorm his duties due to absenceor illness the Minister may appoint any person to act in the place of that

member so however that such appointment shall be made in the m emanner and fiom among the same category of p o n s as would be requiredin the case of a substantive appointment

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

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

(6) is convicted and sentenced to a tenn of imprisonment

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

(4 ngages in such activities as are reasonably consided prejudicialto the interest of the Commission

[The i a h h n cP Ibb amp aulborired by LN i23fZOlll

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M I- D O P IN G IN SPORT 29

7 Thew shall be paid to the members of the Commission such ~mlanaretfol~

remuneration (whether by way of honowriurn salary fees or allowances) as of^^

the Minister with responsibility for the public service may determine

8 Fiye members of the Commission shall form a quorum at any m m

meeting

9 - 4 1 ) An appointed member other than the chahan may at any time Resignation

resign his office by instrument in writing addressed to the Minister and

transmitted through the chairman and fiom the date of receipt by the Minister

of such instrument that person shall cease to be a member

(2) The chairman may at any time resign his office by instrument

in writing addressed to the Minister and such resignation shallrtake eflst

as from the date of receipt by the Minister of that insitmment

10 If any vacancy occurs in the membership of the Commission Fillingof

such vacancy shall be filled by the appointment of another member vrmcmcics

B 1 4 1) No p w i n g s shall be brought or instituted before any co w or meah

tribunal personally against any member of the Commission in respect of my of ~~~act done bonaflde in pursuance or execution or intended execution of this

A n

(2) Where any member is exempt from liability by reason only ofthe provisions of this paragraph the Commission shall be liable to the extent

that it would be if that member were an employee or agent of the

Commission

I f The names of all members of the Commissionas first constimed and Gazetting of

every change therein shall be published in the Gazette ~ h h i p

Administrbrion and Fdnance

1341) The Commission shall appoint and employ at such remuneration ampin-8

and on such terms and conditions as it thinks fit an Executive Director a zySecretary and such other officers employees and agents as it considers mflom

necessary for q e proper carrying out of its functions

(2) Notwithstanding sub-paragraph (1)-

(a) a salary in excess of the prescribed rate shall not be assigned to

any post without the prior approval of the Minister and

(b) an appointment shall not be made to any post to which a salary in

excess of the prescribed rate is assigned without the prior approval

of the Minister

(3) In this section prescribed me means such rate as thk

Minister with responsibility for the public service may by order prescribe

IThe lndluioe of this pap is authorired by LN 1232011(

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38 M-DOPING N SPORT

W i 14 The Commission may with the written appmval of the Minister-gmwitksmd

~iharuirimg (a) enter into ammgements respecting schemes whether by way of

bencri insurance policies of otherwise or(6) make regulations

for medical h e f i 4 pensions gratuities and other retiring benefits ordisability or death benefits relating to employees of the Commission andsuch arrangements or regulations may include provisions for the g m t ofbenefits to the dependants and the legal personal representatives of suchemployees

Fundo lad 1 5 4 1) The dunds and resources of the Commission shall consist of-fsaufca ofC g m n i h (a) such funds as may be provided by Parliament for the Commission

in the annual Estimates of Revenue and Expenditum

(b) revenues ampom fees and charges impsed by the Commission form y -ices p d d d by it or the use of any facility

(c) s ~ c h m s as may beallocated b m time to time to theCommission b m esearch or education gmts or fiwm loan fundsand

(d)all o t h a m s r property which may in any manner becomepayable to or vested in the Commission in respect of any matterincidental to its functions

(2) The expenses of the Commission including the remunerationof members md employees shall be paid out of the funds of theCommission

~BDPKCDLO 16 All moneys s f the Commission not q u i r e d to be expended fork v a the purpose of meeting any of the obligations or discharging any of them finctions of the Commission may be invested in such securities as the

Commission may afier consultation with the Minister responsible forfinance consider appropriate and the Commission may sell all or any of suchsecurities

d 17---(I) The Commission shall keep proper accounts and other records inmlation to its business and shall prepare mually in msgect of each financialyear a statement of accounts in a form satisfactory to the Minister beinga form which eon foms with established accounting principles

(2) The accounts of the Commission shall be audited annually by anauditor or auditors appointed by the Commission and approved by theMinis-

(3) The members ofticers and employees ofthe Commission shall-

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ANTI-DOPING IN SPORT 3 1

(a) grant to the auditor appointed under sub-paragraph (2) accessto all books documents cash and securities of the Commissionand

(b) give to the auditor on request all such information as may be

within their knowledge in relation to the Commissions operations

(4) The auditors fees and any expenses of the audit shall be paid bythe Commission

(5) The Auditor-General shall be entitled at all reasonable times toexamine the accounts and other records in relation to the business of theCommission

l8-(l) The Commission shall within six months afterthe end of each A n n d

financial year or within such longer priod as the Minister may in spcialcircumstances allow cause to be made and transmit to the Minister a regort edi-

dealing generally with the activities of the Commission during the precedingyear including-

(a) a statement of its accounts audited in accordance with paragraph 17

(b) a statement of the outcomes and findings of its annual testing

programme including satis tical information on-(i) the provision of samples by athletes

(ii) the testing of samples so provided and

(iii) the extent of the participation of ~ a ti o na l sportingorganizations in testing programmes operated or suppofldby the Commission

(c) the results of Anti-Doping research undertaken by or supported bythe Commission

(4 summary of the education and public information programmesundertaken by or supported by the Commission and

(e) particulars of the extent to which the Commission has compllidwith and achieved the objectives of any sb-ategic plan and theoperational plan in force during the financial year to which theregort relates

(2) The Minister shall cause copies of the report together with the

a n n u l statement of accounts and the auditors report thereon to belaid on theTable of the House of Representatives and of the Senate

(3) The Commission shall before a date specified by the Minisampsubmit to the Minister for his approval estimates of revenue and expenditurefor the ensuing year

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32 ANTI-DOFING IN SPORT

Exemption 1 The income of the Commission shall be exempt fiom incomefminsome

tax

SECOND CHEDULE (Seaion 18)

Constirution of h e Jamaica Awi-Dop ing Disciplinary Panel

Cm d t u t h 141) The Disciplinary Panel shall consist of not more than nineOf Discipi- persons appointed as fol~ows-nsr)Pawl

(a) m chairman and two vice chairmen each of whom shall be legal

practitioners of not less than 18 years of experience

(b) three persons each of whom has been duly qualified medical

practitioners for not less than five years

(el three additioilal members each of whom shall be or has previously

been a spaas administrator or an athlete

(2) The chairman or in his absence the vice chairman shall

appoint three members frsm the panel to hear and determine each case

(3) Every hearing shall comprise of the chairman or a vice chairman

as chairman of the hearing panel one medical pmctitioner member and one- sp rt s dminismtosor athlete member

Tenurecf 2 The members shall be a~pointedby the Minister by instrument inofiw w-riting md shall subject to the provisions of this Schedule hold ofice for a

period of three years

lp 3 Every member shall be eligible for re-a~pointment

qipkmlm

~c t i ng 4 If my member is absent or unable to act the Minister may appoint anyWiatmesrtscerson to act in the glace of that member so however that such appointment

shdl be made in the same manner and frsm among the same category of

persons as would be required in h e case of a substantive appointment

Ip-b 5 The Minister may at any time revoke the appointment of any member

of the Disciplil~~~jymel if such member-8mm

(a) becomes ~f unsound mind or becomes pemanently unable to

p f o m his frsnctions by reason of i l l health

(b) is wnvicted and sentencedto a term of imprisonment

(6 ) hils withotit peasonable excuse to carny out any of the functions

m L d r ionposed on him under this Act or

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ANTI-DOPING IN SPORT 33

( 8 ) engages in such activities as are reasonably considered prejudicialto the interest of the Commission

16 There shall be paid to the members of the Disciplinary Panel such Remuneration

remuneration (whether by way of honorarium salary fees or allowances) as ofmembersthe Minister may determine

7 - (1 ) Any member other than the chairman may at any time resign Resignation

his office by instrument in writing addressed to the Minister and transmittedthrough the chairman and from the date of receipt by the Minister of suchinstrument that person shall cease to be a member

(2) The chairman may at any time resign his office by instrument

in writing addressed to the Minister and such resignation shall take effect asfrom the date of receipt by the Minister of that instrument

8 If any vacancy occurs in the membership of the Disciplinary Panel Fillingof

such vacancy shall be filled by the appointment of another member so vacancies

however that such appointment shall be made in the same manner and fromthe same category of persons as would be required in the case of the originalappointment

9 - ( l ) No proceedings shall be brought or instituted before any court or htection

tribunal personally against any member of the Disciplinary Panel in respect ofmembers

of any act done bo na jide in pursuance or execution or intended execution ofthis Act

(2) Where any member is exempt from liability by reason only ofthe provisions of this paragraph the Disciplinary Panel shall be liable to theextent that it would be if that member were an employee or agent of theDisciplinary Panel

10 The names of all members of the Disciplinary Panel sas first Gazettingof

constituted and every change therein shall be published in the Gazette membership

THIfttl SCHEDULE (Section 22)

Constitutionof the Jamaica Anti-Doping Appeals Tribunal

1 The Appeals Tribunal shall consist of sir person- ConstitutionofAppeals

(a) a chairman and vice-chairman k i n g both persons who have Panel

served as either a Judge of the Court of Appeal or of the SupremeCourt

lTbe Indunion or (bb page b rmthoritcd by LN IUnO l l l

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ANTILDOPING IiV SPORT

(b) persons who have served in-

Actingwepombmnts

Revocationof

appointment

Remunetation

Resignation

Filling ofvacancies

(i) the post of a Director of Public Prosecutions or a senior

member of staff of the Office of the Director of PublicProsecutions

(ii) sports administration for at least ten years

(iii) sports medicine for at least ten years

2 The members of the Appeals Tribunal shall be appointed by theMinister by instrument in writing and shall subject to the provisions of thisSchedule hold office for a period of three years

3 Every member shall be eligible for re-appointment

4 If any member of the Appeals Tniunal is absent or unable to performhis duties the Minister may appoint any person to act in the place of thatmember so however that such appointment shall be made in the samemanner and h m mong the same category of persons as would be requiredin the case of a substantive appointment

5 The Minister may at any time revoke the appointment of any memberof theCommission if such member-

(a) becomes of unsound mind or becomes pe-rmanently unable toperform his functions by w o n of i l l health

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

(c) fails without reasonable excuse to cany out any of the functionsconferred or imposed on him under this Act or

(4 ngages in such activities as are reasonably considered prejudicialto the interest of the Commission

6 There shall be paid to the members of the Appeals Tribunal suchremuneration (whether by way of honorarium salary fees or allowances) asthe Minister may determine

7-41) Any member other than the chairman may at any time resign hisoffice by instrument in writing addressed to the Minister and transmittedthrough the chairman and from the date of receipt by the Minister of suchinstrument that person shall cease to be a member

(2) The chairman may at any time resign his oflice by instrument inwriting addressed to the Minister and such resignation shall take effect asfrom the date of receipt by the Minister of that instrument

8 If any vacancy occurs in the membership of the Appeals Tribunal suchvacancy shall be filled by the appointment of another member so however

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ANTI-DOPING IN SPORT

that such appointment shall be made in the same manner and h m he samecategory of persons as would be required in the case of the original

appointment9+1) No proceedings shall be brought or instituted before any court Rotection

or tribunal personally against any member of the Appeals Tribunal in respect of members

of any act done bonafide in pursuance or execution or intended execution ofthis Act

(2) Where any member is exempt from liability by reason only of theprovisions of this paragraph the Appeals Tribunal shall be liable to theextent that it would be if that member were an employee or agent of the

Appeals Tribunal10 The names of all members of the Appeals Tribunal as first constituted Gazatingof

and every change therein shall be published in the Gmette Membenhip

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ANTI-DOPING IN SPORT

the Disciplinary Panel may k appealed directly to the Court ofArbitration

Apr of 24-41) Any decision by WADA reversing the grant of aTherapeutic Use Exemption Certificate or as the case be the

d refusal to grant may be appealed directly by the athlete or theUw

~xwptimCommission to the Court of Arbitration

M B e (2) Where an international-level athlete has made an

application for a Therapeutic Use Exemption Certificate andthe international sporting federation has reksed to grarnt

such Therapeutic Use Exemption Certificate the athlete mayappeal exclusively to the Court of Arbitration in respect ofthe refusal to grant the Therapeutic Use ExemptionCertificate

(3) Where the JADCO TUEC has refused to grant aTherapeutic Use Exemption Certificate to a national-levelathlete the athlete may make an appeal to the Appeals Tribunal

(4) Where the Appeals Tribunal reverses the decision ofthe JADCO TklEC to grant a Therapeutic Use ExemptionCertificate WADA may appeal to the Court of Arbitration

Miscellaneous

canmtaity 25-41) Every-

(a ) member of the Commission(b) officer m d employee of the Com is si on

(c) expert retained by the Commission to m i s t in itsinvestigations and delikrations

(4 ember of the Appeals Tribunal

(e ) member of the JADCO TUEC

V) member of the Disciplinary Panel

shall keep secret and confidential all information coming to hisknowledge in the course of the administration of this Act exceptin so far as the Commission authorizes that pason to releasethat information

l l b e ampndaabmof tbb pmge b ntborbcd by DJVILU(QlIj

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ANTI-DOPING IN SPORT

(2) Any person who contravenes subsection (1) shd lbe guilty of an offence and s M l be liable on smw

conviction in a Resident Magistrates Court to a fine notexceeding one million dollars

26-41) The Minister may make regulations generally for awlations

giving effect to the provisions of this Act and without prejudiceto the generality of the foregoing the regulations may pmvidefor-

(a) the determination and collection of fees m d charges in

connection with the exercise of the Ruactions of theCommission

(b) the keeping of such records as the Minister may

require for the pwposes of this Act

(c) the forms to be used for the ppsrposes of this Act and

(4 mything required by this Act to be prescribed

(2) Regulations made under subsection (1) may pmvidefor the imposition of a penalty on summary conviction in a

Resident Magistrates Cowt of a fine not ex ce din g one milliondollars or a term of imprisonment not e x d i n g six months orboth such fine and imprisonment

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ART-DOBlNG lN SPORT

Constitution and Procedure of the Jamaica Anti-Doping Commission

1 The Commission shall consist of the following mem krs-

(a) not less than nine md not more than thirteen persons who theMinister is satisfied am of high integrity and able to exercise soundjudgment in faz8filling their responsibilities under this Act

(heminafter r e f e d to asappointed memkmsn)

(b) the Executive Director of the Commission and the PemmentSempary or his nominee (heminailer r e f e d to as ex-officiomembers)

2 The appointed members of the Commission shall be appointed by theMinister by instrument in writing and shall subject to the provisions of thisSchedule hold office for a pmisd of three years

3 Every appointed member shall be eligible for re-appointment

4 4 1 ) The Minister shdl appoint a chairman and a deputy chairman fromamong the appointed members

(2) ln the case of absence or inability to act of the chaiman thedeputy chairman shall perform the functions of the chaiman

(3) In the case of absence or inability to act of both the chairman and

deputy chairman the Minister may appoint any other member to perform thefunctions of the chairman or as he case may be the deputy chairman duringsuch absence or incapacity

5 If any member is absent or unable to pedorm his duties due to absenceor illness the Minister may appoint any person to act in the place of that

member so however that such appointment shall be made in the m emanner and fiom among the same category of p o n s as would be requiredin the case of a substantive appointment

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

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

(6) is convicted and sentenced to a tenn of imprisonment

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

(4 ngages in such activities as are reasonably consided prejudicialto the interest of the Commission

[The i a h h n cP Ibb amp aulborired by LN i23fZOlll

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M I- D O P IN G IN SPORT 29

7 Thew shall be paid to the members of the Commission such ~mlanaretfol~

remuneration (whether by way of honowriurn salary fees or allowances) as of^^

the Minister with responsibility for the public service may determine

8 Fiye members of the Commission shall form a quorum at any m m

meeting

9 - 4 1 ) An appointed member other than the chahan may at any time Resignation

resign his office by instrument in writing addressed to the Minister and

transmitted through the chairman and fiom the date of receipt by the Minister

of such instrument that person shall cease to be a member

(2) The chairman may at any time resign his office by instrument

in writing addressed to the Minister and such resignation shallrtake eflst

as from the date of receipt by the Minister of that insitmment

10 If any vacancy occurs in the membership of the Commission Fillingof

such vacancy shall be filled by the appointment of another member vrmcmcics

B 1 4 1) No p w i n g s shall be brought or instituted before any co w or meah

tribunal personally against any member of the Commission in respect of my of ~~~act done bonaflde in pursuance or execution or intended execution of this

A n

(2) Where any member is exempt from liability by reason only ofthe provisions of this paragraph the Commission shall be liable to the extent

that it would be if that member were an employee or agent of the

Commission

I f The names of all members of the Commissionas first constimed and Gazetting of

every change therein shall be published in the Gazette ~ h h i p

Administrbrion and Fdnance

1341) The Commission shall appoint and employ at such remuneration ampin-8

and on such terms and conditions as it thinks fit an Executive Director a zySecretary and such other officers employees and agents as it considers mflom

necessary for q e proper carrying out of its functions

(2) Notwithstanding sub-paragraph (1)-

(a) a salary in excess of the prescribed rate shall not be assigned to

any post without the prior approval of the Minister and

(b) an appointment shall not be made to any post to which a salary in

excess of the prescribed rate is assigned without the prior approval

of the Minister

(3) In this section prescribed me means such rate as thk

Minister with responsibility for the public service may by order prescribe

IThe lndluioe of this pap is authorired by LN 1232011(

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38 M-DOPING N SPORT

W i 14 The Commission may with the written appmval of the Minister-gmwitksmd

~iharuirimg (a) enter into ammgements respecting schemes whether by way of

bencri insurance policies of otherwise or(6) make regulations

for medical h e f i 4 pensions gratuities and other retiring benefits ordisability or death benefits relating to employees of the Commission andsuch arrangements or regulations may include provisions for the g m t ofbenefits to the dependants and the legal personal representatives of suchemployees

Fundo lad 1 5 4 1) The dunds and resources of the Commission shall consist of-fsaufca ofC g m n i h (a) such funds as may be provided by Parliament for the Commission

in the annual Estimates of Revenue and Expenditum

(b) revenues ampom fees and charges impsed by the Commission form y -ices p d d d by it or the use of any facility

(c) s ~ c h m s as may beallocated b m time to time to theCommission b m esearch or education gmts or fiwm loan fundsand

(d)all o t h a m s r property which may in any manner becomepayable to or vested in the Commission in respect of any matterincidental to its functions

(2) The expenses of the Commission including the remunerationof members md employees shall be paid out of the funds of theCommission

~BDPKCDLO 16 All moneys s f the Commission not q u i r e d to be expended fork v a the purpose of meeting any of the obligations or discharging any of them finctions of the Commission may be invested in such securities as the

Commission may afier consultation with the Minister responsible forfinance consider appropriate and the Commission may sell all or any of suchsecurities

d 17---(I) The Commission shall keep proper accounts and other records inmlation to its business and shall prepare mually in msgect of each financialyear a statement of accounts in a form satisfactory to the Minister beinga form which eon foms with established accounting principles

(2) The accounts of the Commission shall be audited annually by anauditor or auditors appointed by the Commission and approved by theMinis-

(3) The members ofticers and employees ofthe Commission shall-

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ANTI-DOPING IN SPORT 3 1

(a) grant to the auditor appointed under sub-paragraph (2) accessto all books documents cash and securities of the Commissionand

(b) give to the auditor on request all such information as may be

within their knowledge in relation to the Commissions operations

(4) The auditors fees and any expenses of the audit shall be paid bythe Commission

(5) The Auditor-General shall be entitled at all reasonable times toexamine the accounts and other records in relation to the business of theCommission

l8-(l) The Commission shall within six months afterthe end of each A n n d

financial year or within such longer priod as the Minister may in spcialcircumstances allow cause to be made and transmit to the Minister a regort edi-

dealing generally with the activities of the Commission during the precedingyear including-

(a) a statement of its accounts audited in accordance with paragraph 17

(b) a statement of the outcomes and findings of its annual testing

programme including satis tical information on-(i) the provision of samples by athletes

(ii) the testing of samples so provided and

(iii) the extent of the participation of ~ a ti o na l sportingorganizations in testing programmes operated or suppofldby the Commission

(c) the results of Anti-Doping research undertaken by or supported bythe Commission

(4 summary of the education and public information programmesundertaken by or supported by the Commission and

(e) particulars of the extent to which the Commission has compllidwith and achieved the objectives of any sb-ategic plan and theoperational plan in force during the financial year to which theregort relates

(2) The Minister shall cause copies of the report together with the

a n n u l statement of accounts and the auditors report thereon to belaid on theTable of the House of Representatives and of the Senate

(3) The Commission shall before a date specified by the Minisampsubmit to the Minister for his approval estimates of revenue and expenditurefor the ensuing year

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32 ANTI-DOFING IN SPORT

Exemption 1 The income of the Commission shall be exempt fiom incomefminsome

tax

SECOND CHEDULE (Seaion 18)

Constirution of h e Jamaica Awi-Dop ing Disciplinary Panel

Cm d t u t h 141) The Disciplinary Panel shall consist of not more than nineOf Discipi- persons appointed as fol~ows-nsr)Pawl

(a) m chairman and two vice chairmen each of whom shall be legal

practitioners of not less than 18 years of experience

(b) three persons each of whom has been duly qualified medical

practitioners for not less than five years

(el three additioilal members each of whom shall be or has previously

been a spaas administrator or an athlete

(2) The chairman or in his absence the vice chairman shall

appoint three members frsm the panel to hear and determine each case

(3) Every hearing shall comprise of the chairman or a vice chairman

as chairman of the hearing panel one medical pmctitioner member and one- sp rt s dminismtosor athlete member

Tenurecf 2 The members shall be a~pointedby the Minister by instrument inofiw w-riting md shall subject to the provisions of this Schedule hold ofice for a

period of three years

lp 3 Every member shall be eligible for re-a~pointment

qipkmlm

~c t i ng 4 If my member is absent or unable to act the Minister may appoint anyWiatmesrtscerson to act in the glace of that member so however that such appointment

shdl be made in the same manner and frsm among the same category of

persons as would be required in h e case of a substantive appointment

Ip-b 5 The Minister may at any time revoke the appointment of any member

of the Disciplil~~~jymel if such member-8mm

(a) becomes ~f unsound mind or becomes pemanently unable to

p f o m his frsnctions by reason of i l l health

(b) is wnvicted and sentencedto a term of imprisonment

(6 ) hils withotit peasonable excuse to carny out any of the functions

m L d r ionposed on him under this Act or

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ANTI-DOPING IN SPORT 33

( 8 ) engages in such activities as are reasonably considered prejudicialto the interest of the Commission

16 There shall be paid to the members of the Disciplinary Panel such Remuneration

remuneration (whether by way of honorarium salary fees or allowances) as ofmembersthe Minister may determine

7 - (1 ) Any member other than the chairman may at any time resign Resignation

his office by instrument in writing addressed to the Minister and transmittedthrough the chairman and from the date of receipt by the Minister of suchinstrument that person shall cease to be a member

(2) The chairman may at any time resign his office by instrument

in writing addressed to the Minister and such resignation shall take effect asfrom the date of receipt by the Minister of that instrument

8 If any vacancy occurs in the membership of the Disciplinary Panel Fillingof

such vacancy shall be filled by the appointment of another member so vacancies

however that such appointment shall be made in the same manner and fromthe same category of persons as would be required in the case of the originalappointment

9 - ( l ) No proceedings shall be brought or instituted before any court or htection

tribunal personally against any member of the Disciplinary Panel in respect ofmembers

of any act done bo na jide in pursuance or execution or intended execution ofthis Act

(2) Where any member is exempt from liability by reason only ofthe provisions of this paragraph the Disciplinary Panel shall be liable to theextent that it would be if that member were an employee or agent of theDisciplinary Panel

10 The names of all members of the Disciplinary Panel sas first Gazettingof

constituted and every change therein shall be published in the Gazette membership

THIfttl SCHEDULE (Section 22)

Constitutionof the Jamaica Anti-Doping Appeals Tribunal

1 The Appeals Tribunal shall consist of sir person- ConstitutionofAppeals

(a) a chairman and vice-chairman k i n g both persons who have Panel

served as either a Judge of the Court of Appeal or of the SupremeCourt

lTbe Indunion or (bb page b rmthoritcd by LN IUnO l l l

832019 The Anti-Doping in Sport Act

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ANTILDOPING IiV SPORT

(b) persons who have served in-

Actingwepombmnts

Revocationof

appointment

Remunetation

Resignation

Filling ofvacancies

(i) the post of a Director of Public Prosecutions or a senior

member of staff of the Office of the Director of PublicProsecutions

(ii) sports administration for at least ten years

(iii) sports medicine for at least ten years

2 The members of the Appeals Tribunal shall be appointed by theMinister by instrument in writing and shall subject to the provisions of thisSchedule hold office for a period of three years

3 Every member shall be eligible for re-appointment

4 If any member of the Appeals Tniunal is absent or unable to performhis duties the Minister may appoint any person to act in the place of thatmember so however that such appointment shall be made in the samemanner and h m mong the same category of persons as would be requiredin the case of a substantive appointment

5 The Minister may at any time revoke the appointment of any memberof theCommission if such member-

(a) becomes of unsound mind or becomes pe-rmanently unable toperform his functions by w o n of i l l health

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

(c) fails without reasonable excuse to cany out any of the functionsconferred or imposed on him under this Act or

(4 ngages in such activities as are reasonably considered prejudicialto the interest of the Commission

6 There shall be paid to the members of the Appeals Tribunal suchremuneration (whether by way of honorarium salary fees or allowances) asthe Minister may determine

7-41) Any member other than the chairman may at any time resign hisoffice by instrument in writing addressed to the Minister and transmittedthrough the chairman and from the date of receipt by the Minister of suchinstrument that person shall cease to be a member

(2) The chairman may at any time resign his oflice by instrument inwriting addressed to the Minister and such resignation shall take effect asfrom the date of receipt by the Minister of that instrument

8 If any vacancy occurs in the membership of the Appeals Tribunal suchvacancy shall be filled by the appointment of another member so however

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ANTI-DOPING IN SPORT

that such appointment shall be made in the same manner and h m he samecategory of persons as would be required in the case of the original

appointment9+1) No proceedings shall be brought or instituted before any court Rotection

or tribunal personally against any member of the Appeals Tribunal in respect of members

of any act done bonafide in pursuance or execution or intended execution ofthis Act

(2) Where any member is exempt from liability by reason only of theprovisions of this paragraph the Appeals Tribunal shall be liable to theextent that it would be if that member were an employee or agent of the

Appeals Tribunal10 The names of all members of the Appeals Tribunal as first constituted Gazatingof

and every change therein shall be published in the Gmette Membenhip

832019 The Anti-Doping in Sport Act

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ANTI-DOPING IN SPORT

(2) Any person who contravenes subsection (1) shd lbe guilty of an offence and s M l be liable on smw

conviction in a Resident Magistrates Court to a fine notexceeding one million dollars

26-41) The Minister may make regulations generally for awlations

giving effect to the provisions of this Act and without prejudiceto the generality of the foregoing the regulations may pmvidefor-

(a) the determination and collection of fees m d charges in

connection with the exercise of the Ruactions of theCommission

(b) the keeping of such records as the Minister may

require for the pwposes of this Act

(c) the forms to be used for the ppsrposes of this Act and

(4 mything required by this Act to be prescribed

(2) Regulations made under subsection (1) may pmvidefor the imposition of a penalty on summary conviction in a

Resident Magistrates Cowt of a fine not ex ce din g one milliondollars or a term of imprisonment not e x d i n g six months orboth such fine and imprisonment

832019 The Anti-Doping in Sport Act

httpslidepdfcomreaderfullthe-anti-doping-in-sport-act 2835

ART-DOBlNG lN SPORT

Constitution and Procedure of the Jamaica Anti-Doping Commission

1 The Commission shall consist of the following mem krs-

(a) not less than nine md not more than thirteen persons who theMinister is satisfied am of high integrity and able to exercise soundjudgment in faz8filling their responsibilities under this Act

(heminafter r e f e d to asappointed memkmsn)

(b) the Executive Director of the Commission and the PemmentSempary or his nominee (heminailer r e f e d to as ex-officiomembers)

2 The appointed members of the Commission shall be appointed by theMinister by instrument in writing and shall subject to the provisions of thisSchedule hold office for a pmisd of three years

3 Every appointed member shall be eligible for re-appointment

4 4 1 ) The Minister shdl appoint a chairman and a deputy chairman fromamong the appointed members

(2) ln the case of absence or inability to act of the chaiman thedeputy chairman shall perform the functions of the chaiman

(3) In the case of absence or inability to act of both the chairman and

deputy chairman the Minister may appoint any other member to perform thefunctions of the chairman or as he case may be the deputy chairman duringsuch absence or incapacity

5 If any member is absent or unable to pedorm his duties due to absenceor illness the Minister may appoint any person to act in the place of that

member so however that such appointment shall be made in the m emanner and fiom among the same category of p o n s as would be requiredin the case of a substantive appointment

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

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

(6) is convicted and sentenced to a tenn of imprisonment

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

(4 ngages in such activities as are reasonably consided prejudicialto the interest of the Commission

[The i a h h n cP Ibb amp aulborired by LN i23fZOlll

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M I- D O P IN G IN SPORT 29

7 Thew shall be paid to the members of the Commission such ~mlanaretfol~

remuneration (whether by way of honowriurn salary fees or allowances) as of^^

the Minister with responsibility for the public service may determine

8 Fiye members of the Commission shall form a quorum at any m m

meeting

9 - 4 1 ) An appointed member other than the chahan may at any time Resignation

resign his office by instrument in writing addressed to the Minister and

transmitted through the chairman and fiom the date of receipt by the Minister

of such instrument that person shall cease to be a member

(2) The chairman may at any time resign his office by instrument

in writing addressed to the Minister and such resignation shallrtake eflst

as from the date of receipt by the Minister of that insitmment

10 If any vacancy occurs in the membership of the Commission Fillingof

such vacancy shall be filled by the appointment of another member vrmcmcics

B 1 4 1) No p w i n g s shall be brought or instituted before any co w or meah

tribunal personally against any member of the Commission in respect of my of ~~~act done bonaflde in pursuance or execution or intended execution of this

A n

(2) Where any member is exempt from liability by reason only ofthe provisions of this paragraph the Commission shall be liable to the extent

that it would be if that member were an employee or agent of the

Commission

I f The names of all members of the Commissionas first constimed and Gazetting of

every change therein shall be published in the Gazette ~ h h i p

Administrbrion and Fdnance

1341) The Commission shall appoint and employ at such remuneration ampin-8

and on such terms and conditions as it thinks fit an Executive Director a zySecretary and such other officers employees and agents as it considers mflom

necessary for q e proper carrying out of its functions

(2) Notwithstanding sub-paragraph (1)-

(a) a salary in excess of the prescribed rate shall not be assigned to

any post without the prior approval of the Minister and

(b) an appointment shall not be made to any post to which a salary in

excess of the prescribed rate is assigned without the prior approval

of the Minister

(3) In this section prescribed me means such rate as thk

Minister with responsibility for the public service may by order prescribe

IThe lndluioe of this pap is authorired by LN 1232011(

832019 The Anti-Doping in Sport Act

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38 M-DOPING N SPORT

W i 14 The Commission may with the written appmval of the Minister-gmwitksmd

~iharuirimg (a) enter into ammgements respecting schemes whether by way of

bencri insurance policies of otherwise or(6) make regulations

for medical h e f i 4 pensions gratuities and other retiring benefits ordisability or death benefits relating to employees of the Commission andsuch arrangements or regulations may include provisions for the g m t ofbenefits to the dependants and the legal personal representatives of suchemployees

Fundo lad 1 5 4 1) The dunds and resources of the Commission shall consist of-fsaufca ofC g m n i h (a) such funds as may be provided by Parliament for the Commission

in the annual Estimates of Revenue and Expenditum

(b) revenues ampom fees and charges impsed by the Commission form y -ices p d d d by it or the use of any facility

(c) s ~ c h m s as may beallocated b m time to time to theCommission b m esearch or education gmts or fiwm loan fundsand

(d)all o t h a m s r property which may in any manner becomepayable to or vested in the Commission in respect of any matterincidental to its functions

(2) The expenses of the Commission including the remunerationof members md employees shall be paid out of the funds of theCommission

~BDPKCDLO 16 All moneys s f the Commission not q u i r e d to be expended fork v a the purpose of meeting any of the obligations or discharging any of them finctions of the Commission may be invested in such securities as the

Commission may afier consultation with the Minister responsible forfinance consider appropriate and the Commission may sell all or any of suchsecurities

d 17---(I) The Commission shall keep proper accounts and other records inmlation to its business and shall prepare mually in msgect of each financialyear a statement of accounts in a form satisfactory to the Minister beinga form which eon foms with established accounting principles

(2) The accounts of the Commission shall be audited annually by anauditor or auditors appointed by the Commission and approved by theMinis-

(3) The members ofticers and employees ofthe Commission shall-

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ANTI-DOPING IN SPORT 3 1

(a) grant to the auditor appointed under sub-paragraph (2) accessto all books documents cash and securities of the Commissionand

(b) give to the auditor on request all such information as may be

within their knowledge in relation to the Commissions operations

(4) The auditors fees and any expenses of the audit shall be paid bythe Commission

(5) The Auditor-General shall be entitled at all reasonable times toexamine the accounts and other records in relation to the business of theCommission

l8-(l) The Commission shall within six months afterthe end of each A n n d

financial year or within such longer priod as the Minister may in spcialcircumstances allow cause to be made and transmit to the Minister a regort edi-

dealing generally with the activities of the Commission during the precedingyear including-

(a) a statement of its accounts audited in accordance with paragraph 17

(b) a statement of the outcomes and findings of its annual testing

programme including satis tical information on-(i) the provision of samples by athletes

(ii) the testing of samples so provided and

(iii) the extent of the participation of ~ a ti o na l sportingorganizations in testing programmes operated or suppofldby the Commission

(c) the results of Anti-Doping research undertaken by or supported bythe Commission

(4 summary of the education and public information programmesundertaken by or supported by the Commission and

(e) particulars of the extent to which the Commission has compllidwith and achieved the objectives of any sb-ategic plan and theoperational plan in force during the financial year to which theregort relates

(2) The Minister shall cause copies of the report together with the

a n n u l statement of accounts and the auditors report thereon to belaid on theTable of the House of Representatives and of the Senate

(3) The Commission shall before a date specified by the Minisampsubmit to the Minister for his approval estimates of revenue and expenditurefor the ensuing year

832019 The Anti-Doping in Sport Act

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32 ANTI-DOFING IN SPORT

Exemption 1 The income of the Commission shall be exempt fiom incomefminsome

tax

SECOND CHEDULE (Seaion 18)

Constirution of h e Jamaica Awi-Dop ing Disciplinary Panel

Cm d t u t h 141) The Disciplinary Panel shall consist of not more than nineOf Discipi- persons appointed as fol~ows-nsr)Pawl

(a) m chairman and two vice chairmen each of whom shall be legal

practitioners of not less than 18 years of experience

(b) three persons each of whom has been duly qualified medical

practitioners for not less than five years

(el three additioilal members each of whom shall be or has previously

been a spaas administrator or an athlete

(2) The chairman or in his absence the vice chairman shall

appoint three members frsm the panel to hear and determine each case

(3) Every hearing shall comprise of the chairman or a vice chairman

as chairman of the hearing panel one medical pmctitioner member and one- sp rt s dminismtosor athlete member

Tenurecf 2 The members shall be a~pointedby the Minister by instrument inofiw w-riting md shall subject to the provisions of this Schedule hold ofice for a

period of three years

lp 3 Every member shall be eligible for re-a~pointment

qipkmlm

~c t i ng 4 If my member is absent or unable to act the Minister may appoint anyWiatmesrtscerson to act in the glace of that member so however that such appointment

shdl be made in the same manner and frsm among the same category of

persons as would be required in h e case of a substantive appointment

Ip-b 5 The Minister may at any time revoke the appointment of any member

of the Disciplil~~~jymel if such member-8mm

(a) becomes ~f unsound mind or becomes pemanently unable to

p f o m his frsnctions by reason of i l l health

(b) is wnvicted and sentencedto a term of imprisonment

(6 ) hils withotit peasonable excuse to carny out any of the functions

m L d r ionposed on him under this Act or

832019 The Anti-Doping in Sport Act

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ANTI-DOPING IN SPORT 33

( 8 ) engages in such activities as are reasonably considered prejudicialto the interest of the Commission

16 There shall be paid to the members of the Disciplinary Panel such Remuneration

remuneration (whether by way of honorarium salary fees or allowances) as ofmembersthe Minister may determine

7 - (1 ) Any member other than the chairman may at any time resign Resignation

his office by instrument in writing addressed to the Minister and transmittedthrough the chairman and from the date of receipt by the Minister of suchinstrument that person shall cease to be a member

(2) The chairman may at any time resign his office by instrument

in writing addressed to the Minister and such resignation shall take effect asfrom the date of receipt by the Minister of that instrument

8 If any vacancy occurs in the membership of the Disciplinary Panel Fillingof

such vacancy shall be filled by the appointment of another member so vacancies

however that such appointment shall be made in the same manner and fromthe same category of persons as would be required in the case of the originalappointment

9 - ( l ) No proceedings shall be brought or instituted before any court or htection

tribunal personally against any member of the Disciplinary Panel in respect ofmembers

of any act done bo na jide in pursuance or execution or intended execution ofthis Act

(2) Where any member is exempt from liability by reason only ofthe provisions of this paragraph the Disciplinary Panel shall be liable to theextent that it would be if that member were an employee or agent of theDisciplinary Panel

10 The names of all members of the Disciplinary Panel sas first Gazettingof

constituted and every change therein shall be published in the Gazette membership

THIfttl SCHEDULE (Section 22)

Constitutionof the Jamaica Anti-Doping Appeals Tribunal

1 The Appeals Tribunal shall consist of sir person- ConstitutionofAppeals

(a) a chairman and vice-chairman k i n g both persons who have Panel

served as either a Judge of the Court of Appeal or of the SupremeCourt

lTbe Indunion or (bb page b rmthoritcd by LN IUnO l l l

832019 The Anti-Doping in Sport Act

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ANTILDOPING IiV SPORT

(b) persons who have served in-

Actingwepombmnts

Revocationof

appointment

Remunetation

Resignation

Filling ofvacancies

(i) the post of a Director of Public Prosecutions or a senior

member of staff of the Office of the Director of PublicProsecutions

(ii) sports administration for at least ten years

(iii) sports medicine for at least ten years

2 The members of the Appeals Tribunal shall be appointed by theMinister by instrument in writing and shall subject to the provisions of thisSchedule hold office for a period of three years

3 Every member shall be eligible for re-appointment

4 If any member of the Appeals Tniunal is absent or unable to performhis duties the Minister may appoint any person to act in the place of thatmember so however that such appointment shall be made in the samemanner and h m mong the same category of persons as would be requiredin the case of a substantive appointment

5 The Minister may at any time revoke the appointment of any memberof theCommission if such member-

(a) becomes of unsound mind or becomes pe-rmanently unable toperform his functions by w o n of i l l health

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

(c) fails without reasonable excuse to cany out any of the functionsconferred or imposed on him under this Act or

(4 ngages in such activities as are reasonably considered prejudicialto the interest of the Commission

6 There shall be paid to the members of the Appeals Tribunal suchremuneration (whether by way of honorarium salary fees or allowances) asthe Minister may determine

7-41) Any member other than the chairman may at any time resign hisoffice by instrument in writing addressed to the Minister and transmittedthrough the chairman and from the date of receipt by the Minister of suchinstrument that person shall cease to be a member

(2) The chairman may at any time resign his oflice by instrument inwriting addressed to the Minister and such resignation shall take effect asfrom the date of receipt by the Minister of that instrument

8 If any vacancy occurs in the membership of the Appeals Tribunal suchvacancy shall be filled by the appointment of another member so however

832019 The Anti-Doping in Sport Act

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ANTI-DOPING IN SPORT

that such appointment shall be made in the same manner and h m he samecategory of persons as would be required in the case of the original

appointment9+1) No proceedings shall be brought or instituted before any court Rotection

or tribunal personally against any member of the Appeals Tribunal in respect of members

of any act done bonafide in pursuance or execution or intended execution ofthis Act

(2) Where any member is exempt from liability by reason only of theprovisions of this paragraph the Appeals Tribunal shall be liable to theextent that it would be if that member were an employee or agent of the

Appeals Tribunal10 The names of all members of the Appeals Tribunal as first constituted Gazatingof

and every change therein shall be published in the Gmette Membenhip

832019 The Anti-Doping in Sport Act

httpslidepdfcomreaderfullthe-anti-doping-in-sport-act 2835

ART-DOBlNG lN SPORT

Constitution and Procedure of the Jamaica Anti-Doping Commission

1 The Commission shall consist of the following mem krs-

(a) not less than nine md not more than thirteen persons who theMinister is satisfied am of high integrity and able to exercise soundjudgment in faz8filling their responsibilities under this Act

(heminafter r e f e d to asappointed memkmsn)

(b) the Executive Director of the Commission and the PemmentSempary or his nominee (heminailer r e f e d to as ex-officiomembers)

2 The appointed members of the Commission shall be appointed by theMinister by instrument in writing and shall subject to the provisions of thisSchedule hold office for a pmisd of three years

3 Every appointed member shall be eligible for re-appointment

4 4 1 ) The Minister shdl appoint a chairman and a deputy chairman fromamong the appointed members

(2) ln the case of absence or inability to act of the chaiman thedeputy chairman shall perform the functions of the chaiman

(3) In the case of absence or inability to act of both the chairman and

deputy chairman the Minister may appoint any other member to perform thefunctions of the chairman or as he case may be the deputy chairman duringsuch absence or incapacity

5 If any member is absent or unable to pedorm his duties due to absenceor illness the Minister may appoint any person to act in the place of that

member so however that such appointment shall be made in the m emanner and fiom among the same category of p o n s as would be requiredin the case of a substantive appointment

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

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

(6) is convicted and sentenced to a tenn of imprisonment

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

(4 ngages in such activities as are reasonably consided prejudicialto the interest of the Commission

[The i a h h n cP Ibb amp aulborired by LN i23fZOlll

832019 The Anti-Doping in Sport Act

httpslidepdfcomreaderfullthe-anti-doping-in-sport-act 2935

M I- D O P IN G IN SPORT 29

7 Thew shall be paid to the members of the Commission such ~mlanaretfol~

remuneration (whether by way of honowriurn salary fees or allowances) as of^^

the Minister with responsibility for the public service may determine

8 Fiye members of the Commission shall form a quorum at any m m

meeting

9 - 4 1 ) An appointed member other than the chahan may at any time Resignation

resign his office by instrument in writing addressed to the Minister and

transmitted through the chairman and fiom the date of receipt by the Minister

of such instrument that person shall cease to be a member

(2) The chairman may at any time resign his office by instrument

in writing addressed to the Minister and such resignation shallrtake eflst

as from the date of receipt by the Minister of that insitmment

10 If any vacancy occurs in the membership of the Commission Fillingof

such vacancy shall be filled by the appointment of another member vrmcmcics

B 1 4 1) No p w i n g s shall be brought or instituted before any co w or meah

tribunal personally against any member of the Commission in respect of my of ~~~act done bonaflde in pursuance or execution or intended execution of this

A n

(2) Where any member is exempt from liability by reason only ofthe provisions of this paragraph the Commission shall be liable to the extent

that it would be if that member were an employee or agent of the

Commission

I f The names of all members of the Commissionas first constimed and Gazetting of

every change therein shall be published in the Gazette ~ h h i p

Administrbrion and Fdnance

1341) The Commission shall appoint and employ at such remuneration ampin-8

and on such terms and conditions as it thinks fit an Executive Director a zySecretary and such other officers employees and agents as it considers mflom

necessary for q e proper carrying out of its functions

(2) Notwithstanding sub-paragraph (1)-

(a) a salary in excess of the prescribed rate shall not be assigned to

any post without the prior approval of the Minister and

(b) an appointment shall not be made to any post to which a salary in

excess of the prescribed rate is assigned without the prior approval

of the Minister

(3) In this section prescribed me means such rate as thk

Minister with responsibility for the public service may by order prescribe

IThe lndluioe of this pap is authorired by LN 1232011(

832019 The Anti-Doping in Sport Act

httpslidepdfcomreaderfullthe-anti-doping-in-sport-act 3035

38 M-DOPING N SPORT

W i 14 The Commission may with the written appmval of the Minister-gmwitksmd

~iharuirimg (a) enter into ammgements respecting schemes whether by way of

bencri insurance policies of otherwise or(6) make regulations

for medical h e f i 4 pensions gratuities and other retiring benefits ordisability or death benefits relating to employees of the Commission andsuch arrangements or regulations may include provisions for the g m t ofbenefits to the dependants and the legal personal representatives of suchemployees

Fundo lad 1 5 4 1) The dunds and resources of the Commission shall consist of-fsaufca ofC g m n i h (a) such funds as may be provided by Parliament for the Commission

in the annual Estimates of Revenue and Expenditum

(b) revenues ampom fees and charges impsed by the Commission form y -ices p d d d by it or the use of any facility

(c) s ~ c h m s as may beallocated b m time to time to theCommission b m esearch or education gmts or fiwm loan fundsand

(d)all o t h a m s r property which may in any manner becomepayable to or vested in the Commission in respect of any matterincidental to its functions

(2) The expenses of the Commission including the remunerationof members md employees shall be paid out of the funds of theCommission

~BDPKCDLO 16 All moneys s f the Commission not q u i r e d to be expended fork v a the purpose of meeting any of the obligations or discharging any of them finctions of the Commission may be invested in such securities as the

Commission may afier consultation with the Minister responsible forfinance consider appropriate and the Commission may sell all or any of suchsecurities

d 17---(I) The Commission shall keep proper accounts and other records inmlation to its business and shall prepare mually in msgect of each financialyear a statement of accounts in a form satisfactory to the Minister beinga form which eon foms with established accounting principles

(2) The accounts of the Commission shall be audited annually by anauditor or auditors appointed by the Commission and approved by theMinis-

(3) The members ofticers and employees ofthe Commission shall-

832019 The Anti-Doping in Sport Act

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ANTI-DOPING IN SPORT 3 1

(a) grant to the auditor appointed under sub-paragraph (2) accessto all books documents cash and securities of the Commissionand

(b) give to the auditor on request all such information as may be

within their knowledge in relation to the Commissions operations

(4) The auditors fees and any expenses of the audit shall be paid bythe Commission

(5) The Auditor-General shall be entitled at all reasonable times toexamine the accounts and other records in relation to the business of theCommission

l8-(l) The Commission shall within six months afterthe end of each A n n d

financial year or within such longer priod as the Minister may in spcialcircumstances allow cause to be made and transmit to the Minister a regort edi-

dealing generally with the activities of the Commission during the precedingyear including-

(a) a statement of its accounts audited in accordance with paragraph 17

(b) a statement of the outcomes and findings of its annual testing

programme including satis tical information on-(i) the provision of samples by athletes

(ii) the testing of samples so provided and

(iii) the extent of the participation of ~ a ti o na l sportingorganizations in testing programmes operated or suppofldby the Commission

(c) the results of Anti-Doping research undertaken by or supported bythe Commission

(4 summary of the education and public information programmesundertaken by or supported by the Commission and

(e) particulars of the extent to which the Commission has compllidwith and achieved the objectives of any sb-ategic plan and theoperational plan in force during the financial year to which theregort relates

(2) The Minister shall cause copies of the report together with the

a n n u l statement of accounts and the auditors report thereon to belaid on theTable of the House of Representatives and of the Senate

(3) The Commission shall before a date specified by the Minisampsubmit to the Minister for his approval estimates of revenue and expenditurefor the ensuing year

832019 The Anti-Doping in Sport Act

httpslidepdfcomreaderfullthe-anti-doping-in-sport-act 3235

32 ANTI-DOFING IN SPORT

Exemption 1 The income of the Commission shall be exempt fiom incomefminsome

tax

SECOND CHEDULE (Seaion 18)

Constirution of h e Jamaica Awi-Dop ing Disciplinary Panel

Cm d t u t h 141) The Disciplinary Panel shall consist of not more than nineOf Discipi- persons appointed as fol~ows-nsr)Pawl

(a) m chairman and two vice chairmen each of whom shall be legal

practitioners of not less than 18 years of experience

(b) three persons each of whom has been duly qualified medical

practitioners for not less than five years

(el three additioilal members each of whom shall be or has previously

been a spaas administrator or an athlete

(2) The chairman or in his absence the vice chairman shall

appoint three members frsm the panel to hear and determine each case

(3) Every hearing shall comprise of the chairman or a vice chairman

as chairman of the hearing panel one medical pmctitioner member and one- sp rt s dminismtosor athlete member

Tenurecf 2 The members shall be a~pointedby the Minister by instrument inofiw w-riting md shall subject to the provisions of this Schedule hold ofice for a

period of three years

lp 3 Every member shall be eligible for re-a~pointment

qipkmlm

~c t i ng 4 If my member is absent or unable to act the Minister may appoint anyWiatmesrtscerson to act in the glace of that member so however that such appointment

shdl be made in the same manner and frsm among the same category of

persons as would be required in h e case of a substantive appointment

Ip-b 5 The Minister may at any time revoke the appointment of any member

of the Disciplil~~~jymel if such member-8mm

(a) becomes ~f unsound mind or becomes pemanently unable to

p f o m his frsnctions by reason of i l l health

(b) is wnvicted and sentencedto a term of imprisonment

(6 ) hils withotit peasonable excuse to carny out any of the functions

m L d r ionposed on him under this Act or

832019 The Anti-Doping in Sport Act

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ANTI-DOPING IN SPORT 33

( 8 ) engages in such activities as are reasonably considered prejudicialto the interest of the Commission

16 There shall be paid to the members of the Disciplinary Panel such Remuneration

remuneration (whether by way of honorarium salary fees or allowances) as ofmembersthe Minister may determine

7 - (1 ) Any member other than the chairman may at any time resign Resignation

his office by instrument in writing addressed to the Minister and transmittedthrough the chairman and from the date of receipt by the Minister of suchinstrument that person shall cease to be a member

(2) The chairman may at any time resign his office by instrument

in writing addressed to the Minister and such resignation shall take effect asfrom the date of receipt by the Minister of that instrument

8 If any vacancy occurs in the membership of the Disciplinary Panel Fillingof

such vacancy shall be filled by the appointment of another member so vacancies

however that such appointment shall be made in the same manner and fromthe same category of persons as would be required in the case of the originalappointment

9 - ( l ) No proceedings shall be brought or instituted before any court or htection

tribunal personally against any member of the Disciplinary Panel in respect ofmembers

of any act done bo na jide in pursuance or execution or intended execution ofthis Act

(2) Where any member is exempt from liability by reason only ofthe provisions of this paragraph the Disciplinary Panel shall be liable to theextent that it would be if that member were an employee or agent of theDisciplinary Panel

10 The names of all members of the Disciplinary Panel sas first Gazettingof

constituted and every change therein shall be published in the Gazette membership

THIfttl SCHEDULE (Section 22)

Constitutionof the Jamaica Anti-Doping Appeals Tribunal

1 The Appeals Tribunal shall consist of sir person- ConstitutionofAppeals

(a) a chairman and vice-chairman k i n g both persons who have Panel

served as either a Judge of the Court of Appeal or of the SupremeCourt

lTbe Indunion or (bb page b rmthoritcd by LN IUnO l l l

832019 The Anti-Doping in Sport Act

httpslidepdfcomreaderfullthe-anti-doping-in-sport-act 3435

ANTILDOPING IiV SPORT

(b) persons who have served in-

Actingwepombmnts

Revocationof

appointment

Remunetation

Resignation

Filling ofvacancies

(i) the post of a Director of Public Prosecutions or a senior

member of staff of the Office of the Director of PublicProsecutions

(ii) sports administration for at least ten years

(iii) sports medicine for at least ten years

2 The members of the Appeals Tribunal shall be appointed by theMinister by instrument in writing and shall subject to the provisions of thisSchedule hold office for a period of three years

3 Every member shall be eligible for re-appointment

4 If any member of the Appeals Tniunal is absent or unable to performhis duties the Minister may appoint any person to act in the place of thatmember so however that such appointment shall be made in the samemanner and h m mong the same category of persons as would be requiredin the case of a substantive appointment

5 The Minister may at any time revoke the appointment of any memberof theCommission if such member-

(a) becomes of unsound mind or becomes pe-rmanently unable toperform his functions by w o n of i l l health

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

(c) fails without reasonable excuse to cany out any of the functionsconferred or imposed on him under this Act or

(4 ngages in such activities as are reasonably considered prejudicialto the interest of the Commission

6 There shall be paid to the members of the Appeals Tribunal suchremuneration (whether by way of honorarium salary fees or allowances) asthe Minister may determine

7-41) Any member other than the chairman may at any time resign hisoffice by instrument in writing addressed to the Minister and transmittedthrough the chairman and from the date of receipt by the Minister of suchinstrument that person shall cease to be a member

(2) The chairman may at any time resign his oflice by instrument inwriting addressed to the Minister and such resignation shall take effect asfrom the date of receipt by the Minister of that instrument

8 If any vacancy occurs in the membership of the Appeals Tribunal suchvacancy shall be filled by the appointment of another member so however

832019 The Anti-Doping in Sport Act

httpslidepdfcomreaderfullthe-anti-doping-in-sport-act 3535

ANTI-DOPING IN SPORT

that such appointment shall be made in the same manner and h m he samecategory of persons as would be required in the case of the original

appointment9+1) No proceedings shall be brought or instituted before any court Rotection

or tribunal personally against any member of the Appeals Tribunal in respect of members

of any act done bonafide in pursuance or execution or intended execution ofthis Act

(2) Where any member is exempt from liability by reason only of theprovisions of this paragraph the Appeals Tribunal shall be liable to theextent that it would be if that member were an employee or agent of the

Appeals Tribunal10 The names of all members of the Appeals Tribunal as first constituted Gazatingof

and every change therein shall be published in the Gmette Membenhip

832019 The Anti-Doping in Sport Act

httpslidepdfcomreaderfullthe-anti-doping-in-sport-act 2935

M I- D O P IN G IN SPORT 29

7 Thew shall be paid to the members of the Commission such ~mlanaretfol~

remuneration (whether by way of honowriurn salary fees or allowances) as of^^

the Minister with responsibility for the public service may determine

8 Fiye members of the Commission shall form a quorum at any m m

meeting

9 - 4 1 ) An appointed member other than the chahan may at any time Resignation

resign his office by instrument in writing addressed to the Minister and

transmitted through the chairman and fiom the date of receipt by the Minister

of such instrument that person shall cease to be a member

(2) The chairman may at any time resign his office by instrument

in writing addressed to the Minister and such resignation shallrtake eflst

as from the date of receipt by the Minister of that insitmment

10 If any vacancy occurs in the membership of the Commission Fillingof

such vacancy shall be filled by the appointment of another member vrmcmcics

B 1 4 1) No p w i n g s shall be brought or instituted before any co w or meah

tribunal personally against any member of the Commission in respect of my of ~~~act done bonaflde in pursuance or execution or intended execution of this

A n

(2) Where any member is exempt from liability by reason only ofthe provisions of this paragraph the Commission shall be liable to the extent

that it would be if that member were an employee or agent of the

Commission

I f The names of all members of the Commissionas first constimed and Gazetting of

every change therein shall be published in the Gazette ~ h h i p

Administrbrion and Fdnance

1341) The Commission shall appoint and employ at such remuneration ampin-8

and on such terms and conditions as it thinks fit an Executive Director a zySecretary and such other officers employees and agents as it considers mflom

necessary for q e proper carrying out of its functions

(2) Notwithstanding sub-paragraph (1)-

(a) a salary in excess of the prescribed rate shall not be assigned to

any post without the prior approval of the Minister and

(b) an appointment shall not be made to any post to which a salary in

excess of the prescribed rate is assigned without the prior approval

of the Minister

(3) In this section prescribed me means such rate as thk

Minister with responsibility for the public service may by order prescribe

IThe lndluioe of this pap is authorired by LN 1232011(

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38 M-DOPING N SPORT

W i 14 The Commission may with the written appmval of the Minister-gmwitksmd

~iharuirimg (a) enter into ammgements respecting schemes whether by way of

bencri insurance policies of otherwise or(6) make regulations

for medical h e f i 4 pensions gratuities and other retiring benefits ordisability or death benefits relating to employees of the Commission andsuch arrangements or regulations may include provisions for the g m t ofbenefits to the dependants and the legal personal representatives of suchemployees

Fundo lad 1 5 4 1) The dunds and resources of the Commission shall consist of-fsaufca ofC g m n i h (a) such funds as may be provided by Parliament for the Commission

in the annual Estimates of Revenue and Expenditum

(b) revenues ampom fees and charges impsed by the Commission form y -ices p d d d by it or the use of any facility

(c) s ~ c h m s as may beallocated b m time to time to theCommission b m esearch or education gmts or fiwm loan fundsand

(d)all o t h a m s r property which may in any manner becomepayable to or vested in the Commission in respect of any matterincidental to its functions

(2) The expenses of the Commission including the remunerationof members md employees shall be paid out of the funds of theCommission

~BDPKCDLO 16 All moneys s f the Commission not q u i r e d to be expended fork v a the purpose of meeting any of the obligations or discharging any of them finctions of the Commission may be invested in such securities as the

Commission may afier consultation with the Minister responsible forfinance consider appropriate and the Commission may sell all or any of suchsecurities

d 17---(I) The Commission shall keep proper accounts and other records inmlation to its business and shall prepare mually in msgect of each financialyear a statement of accounts in a form satisfactory to the Minister beinga form which eon foms with established accounting principles

(2) The accounts of the Commission shall be audited annually by anauditor or auditors appointed by the Commission and approved by theMinis-

(3) The members ofticers and employees ofthe Commission shall-

832019 The Anti-Doping in Sport Act

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ANTI-DOPING IN SPORT 3 1

(a) grant to the auditor appointed under sub-paragraph (2) accessto all books documents cash and securities of the Commissionand

(b) give to the auditor on request all such information as may be

within their knowledge in relation to the Commissions operations

(4) The auditors fees and any expenses of the audit shall be paid bythe Commission

(5) The Auditor-General shall be entitled at all reasonable times toexamine the accounts and other records in relation to the business of theCommission

l8-(l) The Commission shall within six months afterthe end of each A n n d

financial year or within such longer priod as the Minister may in spcialcircumstances allow cause to be made and transmit to the Minister a regort edi-

dealing generally with the activities of the Commission during the precedingyear including-

(a) a statement of its accounts audited in accordance with paragraph 17

(b) a statement of the outcomes and findings of its annual testing

programme including satis tical information on-(i) the provision of samples by athletes

(ii) the testing of samples so provided and

(iii) the extent of the participation of ~ a ti o na l sportingorganizations in testing programmes operated or suppofldby the Commission

(c) the results of Anti-Doping research undertaken by or supported bythe Commission

(4 summary of the education and public information programmesundertaken by or supported by the Commission and

(e) particulars of the extent to which the Commission has compllidwith and achieved the objectives of any sb-ategic plan and theoperational plan in force during the financial year to which theregort relates

(2) The Minister shall cause copies of the report together with the

a n n u l statement of accounts and the auditors report thereon to belaid on theTable of the House of Representatives and of the Senate

(3) The Commission shall before a date specified by the Minisampsubmit to the Minister for his approval estimates of revenue and expenditurefor the ensuing year

832019 The Anti-Doping in Sport Act

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32 ANTI-DOFING IN SPORT

Exemption 1 The income of the Commission shall be exempt fiom incomefminsome

tax

SECOND CHEDULE (Seaion 18)

Constirution of h e Jamaica Awi-Dop ing Disciplinary Panel

Cm d t u t h 141) The Disciplinary Panel shall consist of not more than nineOf Discipi- persons appointed as fol~ows-nsr)Pawl

(a) m chairman and two vice chairmen each of whom shall be legal

practitioners of not less than 18 years of experience

(b) three persons each of whom has been duly qualified medical

practitioners for not less than five years

(el three additioilal members each of whom shall be or has previously

been a spaas administrator or an athlete

(2) The chairman or in his absence the vice chairman shall

appoint three members frsm the panel to hear and determine each case

(3) Every hearing shall comprise of the chairman or a vice chairman

as chairman of the hearing panel one medical pmctitioner member and one- sp rt s dminismtosor athlete member

Tenurecf 2 The members shall be a~pointedby the Minister by instrument inofiw w-riting md shall subject to the provisions of this Schedule hold ofice for a

period of three years

lp 3 Every member shall be eligible for re-a~pointment

qipkmlm

~c t i ng 4 If my member is absent or unable to act the Minister may appoint anyWiatmesrtscerson to act in the glace of that member so however that such appointment

shdl be made in the same manner and frsm among the same category of

persons as would be required in h e case of a substantive appointment

Ip-b 5 The Minister may at any time revoke the appointment of any member

of the Disciplil~~~jymel if such member-8mm

(a) becomes ~f unsound mind or becomes pemanently unable to

p f o m his frsnctions by reason of i l l health

(b) is wnvicted and sentencedto a term of imprisonment

(6 ) hils withotit peasonable excuse to carny out any of the functions

m L d r ionposed on him under this Act or

832019 The Anti-Doping in Sport Act

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ANTI-DOPING IN SPORT 33

( 8 ) engages in such activities as are reasonably considered prejudicialto the interest of the Commission

16 There shall be paid to the members of the Disciplinary Panel such Remuneration

remuneration (whether by way of honorarium salary fees or allowances) as ofmembersthe Minister may determine

7 - (1 ) Any member other than the chairman may at any time resign Resignation

his office by instrument in writing addressed to the Minister and transmittedthrough the chairman and from the date of receipt by the Minister of suchinstrument that person shall cease to be a member

(2) The chairman may at any time resign his office by instrument

in writing addressed to the Minister and such resignation shall take effect asfrom the date of receipt by the Minister of that instrument

8 If any vacancy occurs in the membership of the Disciplinary Panel Fillingof

such vacancy shall be filled by the appointment of another member so vacancies

however that such appointment shall be made in the same manner and fromthe same category of persons as would be required in the case of the originalappointment

9 - ( l ) No proceedings shall be brought or instituted before any court or htection

tribunal personally against any member of the Disciplinary Panel in respect ofmembers

of any act done bo na jide in pursuance or execution or intended execution ofthis Act

(2) Where any member is exempt from liability by reason only ofthe provisions of this paragraph the Disciplinary Panel shall be liable to theextent that it would be if that member were an employee or agent of theDisciplinary Panel

10 The names of all members of the Disciplinary Panel sas first Gazettingof

constituted and every change therein shall be published in the Gazette membership

THIfttl SCHEDULE (Section 22)

Constitutionof the Jamaica Anti-Doping Appeals Tribunal

1 The Appeals Tribunal shall consist of sir person- ConstitutionofAppeals

(a) a chairman and vice-chairman k i n g both persons who have Panel

served as either a Judge of the Court of Appeal or of the SupremeCourt

lTbe Indunion or (bb page b rmthoritcd by LN IUnO l l l

832019 The Anti-Doping in Sport Act

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ANTILDOPING IiV SPORT

(b) persons who have served in-

Actingwepombmnts

Revocationof

appointment

Remunetation

Resignation

Filling ofvacancies

(i) the post of a Director of Public Prosecutions or a senior

member of staff of the Office of the Director of PublicProsecutions

(ii) sports administration for at least ten years

(iii) sports medicine for at least ten years

2 The members of the Appeals Tribunal shall be appointed by theMinister by instrument in writing and shall subject to the provisions of thisSchedule hold office for a period of three years

3 Every member shall be eligible for re-appointment

4 If any member of the Appeals Tniunal is absent or unable to performhis duties the Minister may appoint any person to act in the place of thatmember so however that such appointment shall be made in the samemanner and h m mong the same category of persons as would be requiredin the case of a substantive appointment

5 The Minister may at any time revoke the appointment of any memberof theCommission if such member-

(a) becomes of unsound mind or becomes pe-rmanently unable toperform his functions by w o n of i l l health

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

(c) fails without reasonable excuse to cany out any of the functionsconferred or imposed on him under this Act or

(4 ngages in such activities as are reasonably considered prejudicialto the interest of the Commission

6 There shall be paid to the members of the Appeals Tribunal suchremuneration (whether by way of honorarium salary fees or allowances) asthe Minister may determine

7-41) Any member other than the chairman may at any time resign hisoffice by instrument in writing addressed to the Minister and transmittedthrough the chairman and from the date of receipt by the Minister of suchinstrument that person shall cease to be a member

(2) The chairman may at any time resign his oflice by instrument inwriting addressed to the Minister and such resignation shall take effect asfrom the date of receipt by the Minister of that instrument

8 If any vacancy occurs in the membership of the Appeals Tribunal suchvacancy shall be filled by the appointment of another member so however

832019 The Anti-Doping in Sport Act

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ANTI-DOPING IN SPORT

that such appointment shall be made in the same manner and h m he samecategory of persons as would be required in the case of the original

appointment9+1) No proceedings shall be brought or instituted before any court Rotection

or tribunal personally against any member of the Appeals Tribunal in respect of members

of any act done bonafide in pursuance or execution or intended execution ofthis Act

(2) Where any member is exempt from liability by reason only of theprovisions of this paragraph the Appeals Tribunal shall be liable to theextent that it would be if that member were an employee or agent of the

Appeals Tribunal10 The names of all members of the Appeals Tribunal as first constituted Gazatingof

and every change therein shall be published in the Gmette Membenhip

832019 The Anti-Doping in Sport Act

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38 M-DOPING N SPORT

W i 14 The Commission may with the written appmval of the Minister-gmwitksmd

~iharuirimg (a) enter into ammgements respecting schemes whether by way of

bencri insurance policies of otherwise or(6) make regulations

for medical h e f i 4 pensions gratuities and other retiring benefits ordisability or death benefits relating to employees of the Commission andsuch arrangements or regulations may include provisions for the g m t ofbenefits to the dependants and the legal personal representatives of suchemployees

Fundo lad 1 5 4 1) The dunds and resources of the Commission shall consist of-fsaufca ofC g m n i h (a) such funds as may be provided by Parliament for the Commission

in the annual Estimates of Revenue and Expenditum

(b) revenues ampom fees and charges impsed by the Commission form y -ices p d d d by it or the use of any facility

(c) s ~ c h m s as may beallocated b m time to time to theCommission b m esearch or education gmts or fiwm loan fundsand

(d)all o t h a m s r property which may in any manner becomepayable to or vested in the Commission in respect of any matterincidental to its functions

(2) The expenses of the Commission including the remunerationof members md employees shall be paid out of the funds of theCommission

~BDPKCDLO 16 All moneys s f the Commission not q u i r e d to be expended fork v a the purpose of meeting any of the obligations or discharging any of them finctions of the Commission may be invested in such securities as the

Commission may afier consultation with the Minister responsible forfinance consider appropriate and the Commission may sell all or any of suchsecurities

d 17---(I) The Commission shall keep proper accounts and other records inmlation to its business and shall prepare mually in msgect of each financialyear a statement of accounts in a form satisfactory to the Minister beinga form which eon foms with established accounting principles

(2) The accounts of the Commission shall be audited annually by anauditor or auditors appointed by the Commission and approved by theMinis-

(3) The members ofticers and employees ofthe Commission shall-

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ANTI-DOPING IN SPORT 3 1

(a) grant to the auditor appointed under sub-paragraph (2) accessto all books documents cash and securities of the Commissionand

(b) give to the auditor on request all such information as may be

within their knowledge in relation to the Commissions operations

(4) The auditors fees and any expenses of the audit shall be paid bythe Commission

(5) The Auditor-General shall be entitled at all reasonable times toexamine the accounts and other records in relation to the business of theCommission

l8-(l) The Commission shall within six months afterthe end of each A n n d

financial year or within such longer priod as the Minister may in spcialcircumstances allow cause to be made and transmit to the Minister a regort edi-

dealing generally with the activities of the Commission during the precedingyear including-

(a) a statement of its accounts audited in accordance with paragraph 17

(b) a statement of the outcomes and findings of its annual testing

programme including satis tical information on-(i) the provision of samples by athletes

(ii) the testing of samples so provided and

(iii) the extent of the participation of ~ a ti o na l sportingorganizations in testing programmes operated or suppofldby the Commission

(c) the results of Anti-Doping research undertaken by or supported bythe Commission

(4 summary of the education and public information programmesundertaken by or supported by the Commission and

(e) particulars of the extent to which the Commission has compllidwith and achieved the objectives of any sb-ategic plan and theoperational plan in force during the financial year to which theregort relates

(2) The Minister shall cause copies of the report together with the

a n n u l statement of accounts and the auditors report thereon to belaid on theTable of the House of Representatives and of the Senate

(3) The Commission shall before a date specified by the Minisampsubmit to the Minister for his approval estimates of revenue and expenditurefor the ensuing year

832019 The Anti-Doping in Sport Act

httpslidepdfcomreaderfullthe-anti-doping-in-sport-act 3235

32 ANTI-DOFING IN SPORT

Exemption 1 The income of the Commission shall be exempt fiom incomefminsome

tax

SECOND CHEDULE (Seaion 18)

Constirution of h e Jamaica Awi-Dop ing Disciplinary Panel

Cm d t u t h 141) The Disciplinary Panel shall consist of not more than nineOf Discipi- persons appointed as fol~ows-nsr)Pawl

(a) m chairman and two vice chairmen each of whom shall be legal

practitioners of not less than 18 years of experience

(b) three persons each of whom has been duly qualified medical

practitioners for not less than five years

(el three additioilal members each of whom shall be or has previously

been a spaas administrator or an athlete

(2) The chairman or in his absence the vice chairman shall

appoint three members frsm the panel to hear and determine each case

(3) Every hearing shall comprise of the chairman or a vice chairman

as chairman of the hearing panel one medical pmctitioner member and one- sp rt s dminismtosor athlete member

Tenurecf 2 The members shall be a~pointedby the Minister by instrument inofiw w-riting md shall subject to the provisions of this Schedule hold ofice for a

period of three years

lp 3 Every member shall be eligible for re-a~pointment

qipkmlm

~c t i ng 4 If my member is absent or unable to act the Minister may appoint anyWiatmesrtscerson to act in the glace of that member so however that such appointment

shdl be made in the same manner and frsm among the same category of

persons as would be required in h e case of a substantive appointment

Ip-b 5 The Minister may at any time revoke the appointment of any member

of the Disciplil~~~jymel if such member-8mm

(a) becomes ~f unsound mind or becomes pemanently unable to

p f o m his frsnctions by reason of i l l health

(b) is wnvicted and sentencedto a term of imprisonment

(6 ) hils withotit peasonable excuse to carny out any of the functions

m L d r ionposed on him under this Act or

832019 The Anti-Doping in Sport Act

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ANTI-DOPING IN SPORT 33

( 8 ) engages in such activities as are reasonably considered prejudicialto the interest of the Commission

16 There shall be paid to the members of the Disciplinary Panel such Remuneration

remuneration (whether by way of honorarium salary fees or allowances) as ofmembersthe Minister may determine

7 - (1 ) Any member other than the chairman may at any time resign Resignation

his office by instrument in writing addressed to the Minister and transmittedthrough the chairman and from the date of receipt by the Minister of suchinstrument that person shall cease to be a member

(2) The chairman may at any time resign his office by instrument

in writing addressed to the Minister and such resignation shall take effect asfrom the date of receipt by the Minister of that instrument

8 If any vacancy occurs in the membership of the Disciplinary Panel Fillingof

such vacancy shall be filled by the appointment of another member so vacancies

however that such appointment shall be made in the same manner and fromthe same category of persons as would be required in the case of the originalappointment

9 - ( l ) No proceedings shall be brought or instituted before any court or htection

tribunal personally against any member of the Disciplinary Panel in respect ofmembers

of any act done bo na jide in pursuance or execution or intended execution ofthis Act

(2) Where any member is exempt from liability by reason only ofthe provisions of this paragraph the Disciplinary Panel shall be liable to theextent that it would be if that member were an employee or agent of theDisciplinary Panel

10 The names of all members of the Disciplinary Panel sas first Gazettingof

constituted and every change therein shall be published in the Gazette membership

THIfttl SCHEDULE (Section 22)

Constitutionof the Jamaica Anti-Doping Appeals Tribunal

1 The Appeals Tribunal shall consist of sir person- ConstitutionofAppeals

(a) a chairman and vice-chairman k i n g both persons who have Panel

served as either a Judge of the Court of Appeal or of the SupremeCourt

lTbe Indunion or (bb page b rmthoritcd by LN IUnO l l l

832019 The Anti-Doping in Sport Act

httpslidepdfcomreaderfullthe-anti-doping-in-sport-act 3435

ANTILDOPING IiV SPORT

(b) persons who have served in-

Actingwepombmnts

Revocationof

appointment

Remunetation

Resignation

Filling ofvacancies

(i) the post of a Director of Public Prosecutions or a senior

member of staff of the Office of the Director of PublicProsecutions

(ii) sports administration for at least ten years

(iii) sports medicine for at least ten years

2 The members of the Appeals Tribunal shall be appointed by theMinister by instrument in writing and shall subject to the provisions of thisSchedule hold office for a period of three years

3 Every member shall be eligible for re-appointment

4 If any member of the Appeals Tniunal is absent or unable to performhis duties the Minister may appoint any person to act in the place of thatmember so however that such appointment shall be made in the samemanner and h m mong the same category of persons as would be requiredin the case of a substantive appointment

5 The Minister may at any time revoke the appointment of any memberof theCommission if such member-

(a) becomes of unsound mind or becomes pe-rmanently unable toperform his functions by w o n of i l l health

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

(c) fails without reasonable excuse to cany out any of the functionsconferred or imposed on him under this Act or

(4 ngages in such activities as are reasonably considered prejudicialto the interest of the Commission

6 There shall be paid to the members of the Appeals Tribunal suchremuneration (whether by way of honorarium salary fees or allowances) asthe Minister may determine

7-41) Any member other than the chairman may at any time resign hisoffice by instrument in writing addressed to the Minister and transmittedthrough the chairman and from the date of receipt by the Minister of suchinstrument that person shall cease to be a member

(2) The chairman may at any time resign his oflice by instrument inwriting addressed to the Minister and such resignation shall take effect asfrom the date of receipt by the Minister of that instrument

8 If any vacancy occurs in the membership of the Appeals Tribunal suchvacancy shall be filled by the appointment of another member so however

832019 The Anti-Doping in Sport Act

httpslidepdfcomreaderfullthe-anti-doping-in-sport-act 3535

ANTI-DOPING IN SPORT

that such appointment shall be made in the same manner and h m he samecategory of persons as would be required in the case of the original

appointment9+1) No proceedings shall be brought or instituted before any court Rotection

or tribunal personally against any member of the Appeals Tribunal in respect of members

of any act done bonafide in pursuance or execution or intended execution ofthis Act

(2) Where any member is exempt from liability by reason only of theprovisions of this paragraph the Appeals Tribunal shall be liable to theextent that it would be if that member were an employee or agent of the

Appeals Tribunal10 The names of all members of the Appeals Tribunal as first constituted Gazatingof

and every change therein shall be published in the Gmette Membenhip

832019 The Anti-Doping in Sport Act

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ANTI-DOPING IN SPORT 3 1

(a) grant to the auditor appointed under sub-paragraph (2) accessto all books documents cash and securities of the Commissionand

(b) give to the auditor on request all such information as may be

within their knowledge in relation to the Commissions operations

(4) The auditors fees and any expenses of the audit shall be paid bythe Commission

(5) The Auditor-General shall be entitled at all reasonable times toexamine the accounts and other records in relation to the business of theCommission

l8-(l) The Commission shall within six months afterthe end of each A n n d

financial year or within such longer priod as the Minister may in spcialcircumstances allow cause to be made and transmit to the Minister a regort edi-

dealing generally with the activities of the Commission during the precedingyear including-

(a) a statement of its accounts audited in accordance with paragraph 17

(b) a statement of the outcomes and findings of its annual testing

programme including satis tical information on-(i) the provision of samples by athletes

(ii) the testing of samples so provided and

(iii) the extent of the participation of ~ a ti o na l sportingorganizations in testing programmes operated or suppofldby the Commission

(c) the results of Anti-Doping research undertaken by or supported bythe Commission

(4 summary of the education and public information programmesundertaken by or supported by the Commission and

(e) particulars of the extent to which the Commission has compllidwith and achieved the objectives of any sb-ategic plan and theoperational plan in force during the financial year to which theregort relates

(2) The Minister shall cause copies of the report together with the

a n n u l statement of accounts and the auditors report thereon to belaid on theTable of the House of Representatives and of the Senate

(3) The Commission shall before a date specified by the Minisampsubmit to the Minister for his approval estimates of revenue and expenditurefor the ensuing year

832019 The Anti-Doping in Sport Act

httpslidepdfcomreaderfullthe-anti-doping-in-sport-act 3235

32 ANTI-DOFING IN SPORT

Exemption 1 The income of the Commission shall be exempt fiom incomefminsome

tax

SECOND CHEDULE (Seaion 18)

Constirution of h e Jamaica Awi-Dop ing Disciplinary Panel

Cm d t u t h 141) The Disciplinary Panel shall consist of not more than nineOf Discipi- persons appointed as fol~ows-nsr)Pawl

(a) m chairman and two vice chairmen each of whom shall be legal

practitioners of not less than 18 years of experience

(b) three persons each of whom has been duly qualified medical

practitioners for not less than five years

(el three additioilal members each of whom shall be or has previously

been a spaas administrator or an athlete

(2) The chairman or in his absence the vice chairman shall

appoint three members frsm the panel to hear and determine each case

(3) Every hearing shall comprise of the chairman or a vice chairman

as chairman of the hearing panel one medical pmctitioner member and one- sp rt s dminismtosor athlete member

Tenurecf 2 The members shall be a~pointedby the Minister by instrument inofiw w-riting md shall subject to the provisions of this Schedule hold ofice for a

period of three years

lp 3 Every member shall be eligible for re-a~pointment

qipkmlm

~c t i ng 4 If my member is absent or unable to act the Minister may appoint anyWiatmesrtscerson to act in the glace of that member so however that such appointment

shdl be made in the same manner and frsm among the same category of

persons as would be required in h e case of a substantive appointment

Ip-b 5 The Minister may at any time revoke the appointment of any member

of the Disciplil~~~jymel if such member-8mm

(a) becomes ~f unsound mind or becomes pemanently unable to

p f o m his frsnctions by reason of i l l health

(b) is wnvicted and sentencedto a term of imprisonment

(6 ) hils withotit peasonable excuse to carny out any of the functions

m L d r ionposed on him under this Act or

832019 The Anti-Doping in Sport Act

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ANTI-DOPING IN SPORT 33

( 8 ) engages in such activities as are reasonably considered prejudicialto the interest of the Commission

16 There shall be paid to the members of the Disciplinary Panel such Remuneration

remuneration (whether by way of honorarium salary fees or allowances) as ofmembersthe Minister may determine

7 - (1 ) Any member other than the chairman may at any time resign Resignation

his office by instrument in writing addressed to the Minister and transmittedthrough the chairman and from the date of receipt by the Minister of suchinstrument that person shall cease to be a member

(2) The chairman may at any time resign his office by instrument

in writing addressed to the Minister and such resignation shall take effect asfrom the date of receipt by the Minister of that instrument

8 If any vacancy occurs in the membership of the Disciplinary Panel Fillingof

such vacancy shall be filled by the appointment of another member so vacancies

however that such appointment shall be made in the same manner and fromthe same category of persons as would be required in the case of the originalappointment

9 - ( l ) No proceedings shall be brought or instituted before any court or htection

tribunal personally against any member of the Disciplinary Panel in respect ofmembers

of any act done bo na jide in pursuance or execution or intended execution ofthis Act

(2) Where any member is exempt from liability by reason only ofthe provisions of this paragraph the Disciplinary Panel shall be liable to theextent that it would be if that member were an employee or agent of theDisciplinary Panel

10 The names of all members of the Disciplinary Panel sas first Gazettingof

constituted and every change therein shall be published in the Gazette membership

THIfttl SCHEDULE (Section 22)

Constitutionof the Jamaica Anti-Doping Appeals Tribunal

1 The Appeals Tribunal shall consist of sir person- ConstitutionofAppeals

(a) a chairman and vice-chairman k i n g both persons who have Panel

served as either a Judge of the Court of Appeal or of the SupremeCourt

lTbe Indunion or (bb page b rmthoritcd by LN IUnO l l l

832019 The Anti-Doping in Sport Act

httpslidepdfcomreaderfullthe-anti-doping-in-sport-act 3435

ANTILDOPING IiV SPORT

(b) persons who have served in-

Actingwepombmnts

Revocationof

appointment

Remunetation

Resignation

Filling ofvacancies

(i) the post of a Director of Public Prosecutions or a senior

member of staff of the Office of the Director of PublicProsecutions

(ii) sports administration for at least ten years

(iii) sports medicine for at least ten years

2 The members of the Appeals Tribunal shall be appointed by theMinister by instrument in writing and shall subject to the provisions of thisSchedule hold office for a period of three years

3 Every member shall be eligible for re-appointment

4 If any member of the Appeals Tniunal is absent or unable to performhis duties the Minister may appoint any person to act in the place of thatmember so however that such appointment shall be made in the samemanner and h m mong the same category of persons as would be requiredin the case of a substantive appointment

5 The Minister may at any time revoke the appointment of any memberof theCommission if such member-

(a) becomes of unsound mind or becomes pe-rmanently unable toperform his functions by w o n of i l l health

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

(c) fails without reasonable excuse to cany out any of the functionsconferred or imposed on him under this Act or

(4 ngages in such activities as are reasonably considered prejudicialto the interest of the Commission

6 There shall be paid to the members of the Appeals Tribunal suchremuneration (whether by way of honorarium salary fees or allowances) asthe Minister may determine

7-41) Any member other than the chairman may at any time resign hisoffice by instrument in writing addressed to the Minister and transmittedthrough the chairman and from the date of receipt by the Minister of suchinstrument that person shall cease to be a member

(2) The chairman may at any time resign his oflice by instrument inwriting addressed to the Minister and such resignation shall take effect asfrom the date of receipt by the Minister of that instrument

8 If any vacancy occurs in the membership of the Appeals Tribunal suchvacancy shall be filled by the appointment of another member so however

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ANTI-DOPING IN SPORT

that such appointment shall be made in the same manner and h m he samecategory of persons as would be required in the case of the original

appointment9+1) No proceedings shall be brought or instituted before any court Rotection

or tribunal personally against any member of the Appeals Tribunal in respect of members

of any act done bonafide in pursuance or execution or intended execution ofthis Act

(2) Where any member is exempt from liability by reason only of theprovisions of this paragraph the Appeals Tribunal shall be liable to theextent that it would be if that member were an employee or agent of the

Appeals Tribunal10 The names of all members of the Appeals Tribunal as first constituted Gazatingof

and every change therein shall be published in the Gmette Membenhip

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32 ANTI-DOFING IN SPORT

Exemption 1 The income of the Commission shall be exempt fiom incomefminsome

tax

SECOND CHEDULE (Seaion 18)

Constirution of h e Jamaica Awi-Dop ing Disciplinary Panel

Cm d t u t h 141) The Disciplinary Panel shall consist of not more than nineOf Discipi- persons appointed as fol~ows-nsr)Pawl

(a) m chairman and two vice chairmen each of whom shall be legal

practitioners of not less than 18 years of experience

(b) three persons each of whom has been duly qualified medical

practitioners for not less than five years

(el three additioilal members each of whom shall be or has previously

been a spaas administrator or an athlete

(2) The chairman or in his absence the vice chairman shall

appoint three members frsm the panel to hear and determine each case

(3) Every hearing shall comprise of the chairman or a vice chairman

as chairman of the hearing panel one medical pmctitioner member and one- sp rt s dminismtosor athlete member

Tenurecf 2 The members shall be a~pointedby the Minister by instrument inofiw w-riting md shall subject to the provisions of this Schedule hold ofice for a

period of three years

lp 3 Every member shall be eligible for re-a~pointment

qipkmlm

~c t i ng 4 If my member is absent or unable to act the Minister may appoint anyWiatmesrtscerson to act in the glace of that member so however that such appointment

shdl be made in the same manner and frsm among the same category of

persons as would be required in h e case of a substantive appointment

Ip-b 5 The Minister may at any time revoke the appointment of any member

of the Disciplil~~~jymel if such member-8mm

(a) becomes ~f unsound mind or becomes pemanently unable to

p f o m his frsnctions by reason of i l l health

(b) is wnvicted and sentencedto a term of imprisonment

(6 ) hils withotit peasonable excuse to carny out any of the functions

m L d r ionposed on him under this Act or

832019 The Anti-Doping in Sport Act

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ANTI-DOPING IN SPORT 33

( 8 ) engages in such activities as are reasonably considered prejudicialto the interest of the Commission

16 There shall be paid to the members of the Disciplinary Panel such Remuneration

remuneration (whether by way of honorarium salary fees or allowances) as ofmembersthe Minister may determine

7 - (1 ) Any member other than the chairman may at any time resign Resignation

his office by instrument in writing addressed to the Minister and transmittedthrough the chairman and from the date of receipt by the Minister of suchinstrument that person shall cease to be a member

(2) The chairman may at any time resign his office by instrument

in writing addressed to the Minister and such resignation shall take effect asfrom the date of receipt by the Minister of that instrument

8 If any vacancy occurs in the membership of the Disciplinary Panel Fillingof

such vacancy shall be filled by the appointment of another member so vacancies

however that such appointment shall be made in the same manner and fromthe same category of persons as would be required in the case of the originalappointment

9 - ( l ) No proceedings shall be brought or instituted before any court or htection

tribunal personally against any member of the Disciplinary Panel in respect ofmembers

of any act done bo na jide in pursuance or execution or intended execution ofthis Act

(2) Where any member is exempt from liability by reason only ofthe provisions of this paragraph the Disciplinary Panel shall be liable to theextent that it would be if that member were an employee or agent of theDisciplinary Panel

10 The names of all members of the Disciplinary Panel sas first Gazettingof

constituted and every change therein shall be published in the Gazette membership

THIfttl SCHEDULE (Section 22)

Constitutionof the Jamaica Anti-Doping Appeals Tribunal

1 The Appeals Tribunal shall consist of sir person- ConstitutionofAppeals

(a) a chairman and vice-chairman k i n g both persons who have Panel

served as either a Judge of the Court of Appeal or of the SupremeCourt

lTbe Indunion or (bb page b rmthoritcd by LN IUnO l l l

832019 The Anti-Doping in Sport Act

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ANTILDOPING IiV SPORT

(b) persons who have served in-

Actingwepombmnts

Revocationof

appointment

Remunetation

Resignation

Filling ofvacancies

(i) the post of a Director of Public Prosecutions or a senior

member of staff of the Office of the Director of PublicProsecutions

(ii) sports administration for at least ten years

(iii) sports medicine for at least ten years

2 The members of the Appeals Tribunal shall be appointed by theMinister by instrument in writing and shall subject to the provisions of thisSchedule hold office for a period of three years

3 Every member shall be eligible for re-appointment

4 If any member of the Appeals Tniunal is absent or unable to performhis duties the Minister may appoint any person to act in the place of thatmember so however that such appointment shall be made in the samemanner and h m mong the same category of persons as would be requiredin the case of a substantive appointment

5 The Minister may at any time revoke the appointment of any memberof theCommission if such member-

(a) becomes of unsound mind or becomes pe-rmanently unable toperform his functions by w o n of i l l health

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

(c) fails without reasonable excuse to cany out any of the functionsconferred or imposed on him under this Act or

(4 ngages in such activities as are reasonably considered prejudicialto the interest of the Commission

6 There shall be paid to the members of the Appeals Tribunal suchremuneration (whether by way of honorarium salary fees or allowances) asthe Minister may determine

7-41) Any member other than the chairman may at any time resign hisoffice by instrument in writing addressed to the Minister and transmittedthrough the chairman and from the date of receipt by the Minister of suchinstrument that person shall cease to be a member

(2) The chairman may at any time resign his oflice by instrument inwriting addressed to the Minister and such resignation shall take effect asfrom the date of receipt by the Minister of that instrument

8 If any vacancy occurs in the membership of the Appeals Tribunal suchvacancy shall be filled by the appointment of another member so however

832019 The Anti-Doping in Sport Act

httpslidepdfcomreaderfullthe-anti-doping-in-sport-act 3535

ANTI-DOPING IN SPORT

that such appointment shall be made in the same manner and h m he samecategory of persons as would be required in the case of the original

appointment9+1) No proceedings shall be brought or instituted before any court Rotection

or tribunal personally against any member of the Appeals Tribunal in respect of members

of any act done bonafide in pursuance or execution or intended execution ofthis Act

(2) Where any member is exempt from liability by reason only of theprovisions of this paragraph the Appeals Tribunal shall be liable to theextent that it would be if that member were an employee or agent of the

Appeals Tribunal10 The names of all members of the Appeals Tribunal as first constituted Gazatingof

and every change therein shall be published in the Gmette Membenhip

832019 The Anti-Doping in Sport Act

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ANTI-DOPING IN SPORT 33

( 8 ) engages in such activities as are reasonably considered prejudicialto the interest of the Commission

16 There shall be paid to the members of the Disciplinary Panel such Remuneration

remuneration (whether by way of honorarium salary fees or allowances) as ofmembersthe Minister may determine

7 - (1 ) Any member other than the chairman may at any time resign Resignation

his office by instrument in writing addressed to the Minister and transmittedthrough the chairman and from the date of receipt by the Minister of suchinstrument that person shall cease to be a member

(2) The chairman may at any time resign his office by instrument

in writing addressed to the Minister and such resignation shall take effect asfrom the date of receipt by the Minister of that instrument

8 If any vacancy occurs in the membership of the Disciplinary Panel Fillingof

such vacancy shall be filled by the appointment of another member so vacancies

however that such appointment shall be made in the same manner and fromthe same category of persons as would be required in the case of the originalappointment

9 - ( l ) No proceedings shall be brought or instituted before any court or htection

tribunal personally against any member of the Disciplinary Panel in respect ofmembers

of any act done bo na jide in pursuance or execution or intended execution ofthis Act

(2) Where any member is exempt from liability by reason only ofthe provisions of this paragraph the Disciplinary Panel shall be liable to theextent that it would be if that member were an employee or agent of theDisciplinary Panel

10 The names of all members of the Disciplinary Panel sas first Gazettingof

constituted and every change therein shall be published in the Gazette membership

THIfttl SCHEDULE (Section 22)

Constitutionof the Jamaica Anti-Doping Appeals Tribunal

1 The Appeals Tribunal shall consist of sir person- ConstitutionofAppeals

(a) a chairman and vice-chairman k i n g both persons who have Panel

served as either a Judge of the Court of Appeal or of the SupremeCourt

lTbe Indunion or (bb page b rmthoritcd by LN IUnO l l l

832019 The Anti-Doping in Sport Act

httpslidepdfcomreaderfullthe-anti-doping-in-sport-act 3435

ANTILDOPING IiV SPORT

(b) persons who have served in-

Actingwepombmnts

Revocationof

appointment

Remunetation

Resignation

Filling ofvacancies

(i) the post of a Director of Public Prosecutions or a senior

member of staff of the Office of the Director of PublicProsecutions

(ii) sports administration for at least ten years

(iii) sports medicine for at least ten years

2 The members of the Appeals Tribunal shall be appointed by theMinister by instrument in writing and shall subject to the provisions of thisSchedule hold office for a period of three years

3 Every member shall be eligible for re-appointment

4 If any member of the Appeals Tniunal is absent or unable to performhis duties the Minister may appoint any person to act in the place of thatmember so however that such appointment shall be made in the samemanner and h m mong the same category of persons as would be requiredin the case of a substantive appointment

5 The Minister may at any time revoke the appointment of any memberof theCommission if such member-

(a) becomes of unsound mind or becomes pe-rmanently unable toperform his functions by w o n of i l l health

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

(c) fails without reasonable excuse to cany out any of the functionsconferred or imposed on him under this Act or

(4 ngages in such activities as are reasonably considered prejudicialto the interest of the Commission

6 There shall be paid to the members of the Appeals Tribunal suchremuneration (whether by way of honorarium salary fees or allowances) asthe Minister may determine

7-41) Any member other than the chairman may at any time resign hisoffice by instrument in writing addressed to the Minister and transmittedthrough the chairman and from the date of receipt by the Minister of suchinstrument that person shall cease to be a member

(2) The chairman may at any time resign his oflice by instrument inwriting addressed to the Minister and such resignation shall take effect asfrom the date of receipt by the Minister of that instrument

8 If any vacancy occurs in the membership of the Appeals Tribunal suchvacancy shall be filled by the appointment of another member so however

832019 The Anti-Doping in Sport Act

httpslidepdfcomreaderfullthe-anti-doping-in-sport-act 3535

ANTI-DOPING IN SPORT

that such appointment shall be made in the same manner and h m he samecategory of persons as would be required in the case of the original

appointment9+1) No proceedings shall be brought or instituted before any court Rotection

or tribunal personally against any member of the Appeals Tribunal in respect of members

of any act done bonafide in pursuance or execution or intended execution ofthis Act

(2) Where any member is exempt from liability by reason only of theprovisions of this paragraph the Appeals Tribunal shall be liable to theextent that it would be if that member were an employee or agent of the

Appeals Tribunal10 The names of all members of the Appeals Tribunal as first constituted Gazatingof

and every change therein shall be published in the Gmette Membenhip

832019 The Anti-Doping in Sport Act

httpslidepdfcomreaderfullthe-anti-doping-in-sport-act 3435

ANTILDOPING IiV SPORT

(b) persons who have served in-

Actingwepombmnts

Revocationof

appointment

Remunetation

Resignation

Filling ofvacancies

(i) the post of a Director of Public Prosecutions or a senior

member of staff of the Office of the Director of PublicProsecutions

(ii) sports administration for at least ten years

(iii) sports medicine for at least ten years

2 The members of the Appeals Tribunal shall be appointed by theMinister by instrument in writing and shall subject to the provisions of thisSchedule hold office for a period of three years

3 Every member shall be eligible for re-appointment

4 If any member of the Appeals Tniunal is absent or unable to performhis duties the Minister may appoint any person to act in the place of thatmember so however that such appointment shall be made in the samemanner and h m mong the same category of persons as would be requiredin the case of a substantive appointment

5 The Minister may at any time revoke the appointment of any memberof theCommission if such member-

(a) becomes of unsound mind or becomes pe-rmanently unable toperform his functions by w o n of i l l health

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

(c) fails without reasonable excuse to cany out any of the functionsconferred or imposed on him under this Act or

(4 ngages in such activities as are reasonably considered prejudicialto the interest of the Commission

6 There shall be paid to the members of the Appeals Tribunal suchremuneration (whether by way of honorarium salary fees or allowances) asthe Minister may determine

7-41) Any member other than the chairman may at any time resign hisoffice by instrument in writing addressed to the Minister and transmittedthrough the chairman and from the date of receipt by the Minister of suchinstrument that person shall cease to be a member

(2) The chairman may at any time resign his oflice by instrument inwriting addressed to the Minister and such resignation shall take effect asfrom the date of receipt by the Minister of that instrument

8 If any vacancy occurs in the membership of the Appeals Tribunal suchvacancy shall be filled by the appointment of another member so however

832019 The Anti-Doping in Sport Act

httpslidepdfcomreaderfullthe-anti-doping-in-sport-act 3535

ANTI-DOPING IN SPORT

that such appointment shall be made in the same manner and h m he samecategory of persons as would be required in the case of the original

appointment9+1) No proceedings shall be brought or instituted before any court Rotection

or tribunal personally against any member of the Appeals Tribunal in respect of members

of any act done bonafide in pursuance or execution or intended execution ofthis Act

(2) Where any member is exempt from liability by reason only of theprovisions of this paragraph the Appeals Tribunal shall be liable to theextent that it would be if that member were an employee or agent of the

Appeals Tribunal10 The names of all members of the Appeals Tribunal as first constituted Gazatingof

and every change therein shall be published in the Gmette Membenhip

832019 The Anti-Doping in Sport Act

httpslidepdfcomreaderfullthe-anti-doping-in-sport-act 3535

ANTI-DOPING IN SPORT

that such appointment shall be made in the same manner and h m he samecategory of persons as would be required in the case of the original

appointment9+1) No proceedings shall be brought or instituted before any court Rotection

or tribunal personally against any member of the Appeals Tribunal in respect of members

of any act done bonafide in pursuance or execution or intended execution ofthis Act

(2) Where any member is exempt from liability by reason only of theprovisions of this paragraph the Appeals Tribunal shall be liable to theextent that it would be if that member were an employee or agent of the

Appeals Tribunal10 The names of all members of the Appeals Tribunal as first constituted Gazatingof

and every change therein shall be published in the Gmette Membenhip