ANTI-DOPING IN SPORTS ACT,web.krisdika.go.th/data/outsitedata/outsite21/file/Anti...ANTI-DOPING IN SPORTS ACT, B.E. 2555 (A.D. 2012)1 BHUMIBOL ADULYADEJ, REX. Given on the 28th Day

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ANTI-DOPING IN SPORTS ACT, B.E. 2555 (A.D. 2012)1

BHUMIBOL ADULYADEJ, REX. Given on the 28th Day of December B.E. 2555 (2012)

Being the 67th Year of the Present Reign

His Majesty King Bhumibol Adulyadej is graciously pleased to proclaim that: Whereas it is expedient to have a law on anti-doping in sport; This Act contains certain provisions relating to the restriction of the rights and

liberties of a person in respect of which section 29 in conjunction with section 32, section 33, section 35 and section 43 of the Constitution of the Kingdom of Thailand so permit by virtue of law;

Be it, therefore, enacted by the King, by and with the advice and consent of the House of Representatives, as follows:

Section 1. This Act shall be called the “Anti-Doping in Sports Act, B.E.

2553 (A.D. 2012)” Section 2. This Act shall come into force after the expiration of one

hundred and twenty days from the date of its publication in the Government Gazette. Section 3. In this Act:

1 Translated by Mr. Tohpong Smiti under contract for the Office of the Council of State

of Thailand's Law for ASEAN project.- Initial version- pending review and approval.

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“Prohibited Substances” means substances, when administered into the body has the effect of giving the user advantage in athletic activities; as prescribed in a list by the Minister with the advice of the Anti-Doping in Sports Committee;

“Sports Association” means an association established with the permission of Thai Laws on Sports;

“The Sports Association of Thailand” means the Sports Authority of Thailand, as established by the Law establishing the Sports Authority of Thailand;

“Sports competition” means participation in a sporting competition in any league, type or event prescribed by the Anti-Doping in Sports Committee;

“Athlete” means any person registered with a Sports Association, to include a person who competes on behalf of a Sports Association, or any person who participates in any event authorized by a sporting association;

“A sports supporter” means the board of a sports association, a trainer, a coach, a manager, an agent, a team staff, a relevant official, and a medical staff who works for an athlete or gives medical treatment to an athlete;

“ Office” means the Anti-Doping in Sports Office; “Committee” means the Anti- Doping in Sports Committee; “Director” means the director of the Anti-Doping in Sports Office; “Competent Official” means a person appointed by the Minister to perform

duties under this Act; “Minister” means the minister having charge and control of the execution of

this Act. Section 4. The Minister of Tourism and Sport shall have charge and

control of the execution of this Act and shall have the power to appoint competent officials and to issue Ministerial Regulations and Notifications for the execution of this Act.

In the appointment of the Labour Inspectors, the scope of authority and conditions for the performance of duties shall also be prescribed.

Ministerial Regulations and Notifications shall be come into force upon their publication in the Government Gazette.

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CHAPTER I THE COMMITTEE

__________________ Section 5. There shall be a committee called the Anti-Doping in Sports

Committee consisting of: (1) The Minister of Tourism and Sports as Chairperson of the Committee (2) The Permanent Secretary of Tourism and Sports as the first Deputy

Chairperson (3) The Chairperson of the National Olympic Committee of Thailand Under

Royal Patronage as the second Deputy Chairperson; (4) Members ex officio being the Permanent Secretary of Education, the

Permanent Secretary of Public Health, the Office of the Attorney General, the Director General of the Department of Physical Education, Chancellors of physical educational institutions and the President of the Medical Department of the National Olympic Committee of Thailand Under the Royal Patronage;

(5) Qualified committee members, who shall be appointed by the Minister from persons with knowledge and expertise on matters relating to the control of doping in sports, of a total of no more than three persons;

The Secretary General of the Sports Association of Thailand shall be member and secretariat, and the Director shall be deputy secreatariat.

Section 6. Qualified committee members shall possess the following qualifications and not be prohibited by the following conditions:

a. qualifications: (1) be of Thai nationality (2) having completed education at a level of no lower than a

bachelor’s degree b. prohibitions:

(1) being a bankrupt or having been bankrupt due to dishonest acts; (2) being incompetent or being quasi-incompetent; (3) being imprisoned due to a final judgement, except for an offence

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committed through negligence, or for a petty offence; (4) having been dismissed, relieved or removed from official duty at a

Government post, an organization or Department of Government, or having his or her employment at a non-Government agency terminated due to dishonesty in the performance of his or her duties.

Section 7. Qualified committee members shall serve a term of two years.

In the case where a qualified Committee member vacates the office before the expiration of the term, the Minister shall appoint a qualified committee member to replace the vacant post, except where the term of office remaining is less than ninety days, whereupon the Minister may decide not to appoint a replacement, or in the case where the Minister appoints a qualified committee member while the terms of existing appointed qualified committee members has yet to expire, the replacing or additional member shall be in office for the unexpired term of office of the qualified member already appointed.

Upon the expiry of the term of office under paragraph one, if a qualified member has yet to be appointed, the qualified member whose term of office has expired shall remain in office to continue to perform his or her duties until a new member assumes his or her duties.

Section 8. In addition to vacating office on the expiration of term, a qualified member vacates office upon:

(1) death;

(2) resignation;

(3) removal by the Minister due to negligence in the performance of duty, disgraceful behaviour, or incapability;

(4) lacking the qualifications or possessing any of the prohibitions under section 6.

Section 9. The Committee shall have the following powers and duties;

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(1) to prescribe policy and regulate the operations of the Office;

(2) to advise the Minister in the prescription of a list of prohibited substances;

(3) to prescribe rules or Notifications concerning the procedures for the deliberation of punishment, standards and the form of punishment;

(4) to promote the training and education on prohibited substances to athletes, sports supporters and persons related to sports;

(5) to prescribe regulations, rules or Notifications in relation to any other measures to be taken in accordance with the powers and duties of the Committee, or as appointed by the Minister;

(6) to take any other measures as designated by this Act or any other laws as being within the powers and duties of the Committee, or as so designated by the Minister.

Section 10. At a meeting of the Committee, the presence of not less than one-half of the total number of members is required to constitute a quorum.

At a meeting of the Committee, if the Chairperson does not attend the meeting, or is unable to perform his or her duties, the first Deputy Chairperson shall preside over the meeting. If the first Deputy Chairperson does not attend the meeting, or is unable to perform his or her duties, the second Deputy Chairperson shall preside over the meeting. if the second Deputy Chairperson does not attend the meeting, or is unable to perform his or her duties, the members present in the meeting shall elect one among themselves to preside over the meeting.

A decision of the meeting shall be made by a majority of votes. In casting a vote each member shall have one vote. In the case of an equality of votes, the person presiding over the meeting shall have an additional vote as the casting vote.

Section 11. There shall be special committees as follows:

(1) medical committee;

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(2) punishment deliberation committee;

(3) appeals deliberation committee.

A member of the special committee shall remain in office for a term of two years and section 6, section 7, section 8 and section 10 shall apply, mutatis mutandis.

A member of special committee shall have the powers and duties prescribed under this Act, and as designated by the Committee.

A member of a special committee under (2) and (3) shall not maintain such posts concurrently.

Section 12. The Committee or the special committee may appoint a sub-

committee to perform any task designated by the Committee or the special committee. Section 13. A member of the a special committee shall have the power to

order an athlete, a sports supporter or other related persons to submit prohibited substances, items, documents, evidence, or information that is relevant to the detection of prohibited substances. In doing so, it may summon an athlete, a sports supporter or relevant persons to give a verbal statement.

Section 14. The medical committee shall consist of a Chairperson and

other Committee members of a total of not less than five but no more than seven persons, who the Committee shall appoint from persons of knowledge and expertise in medical treatment and persons of knowledge and expertise in pharmaceutics.

The medical committee shall appoint an officer of the Office as secretariat. Section 15. The punishment deliberation committee shall consist of a

Chairperson and other Committee members of a total of not less than five but no more than seven persons, who the Committee shall appoint from persons of knowledge and expertise in medicine, law and sports, of a number of not less than one per specialty.

The punishment deliberation committee shall appoint an officer of the Office

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as secretariat. Section 16. The appeals deliberation committee shall consist of a

Chairperson and other Committee members of a total of not less than five but no more than seven persons, who the Committee shall appoint from persons of knowledge and expertise in medicine, law and sports, of a number of not less than one per specialty.

The punishment deliberation committee shall appoint an officer of the Office as secretariat.

Section 17. The Committee and special committee shall receive an allowance for meeting attendance and other benefits as prescribed by the Minister.

Section 18. There shall be established, an Anti-Doping in Sports Office as a department within the Sports Authority of Thailand and which shall have the powers and duties as follows:

(1) be responsible for the administrative affairs of the Committee and the special committees;

(2) to take any action in relation to the control and examination of the use of prohibited substances according to the regulations, rules or Notifications prescribed by the Committee;

(3) to offer academic services, to promote, to provide academic support, to assure the quality of procedures to control the use of prohibited substances, to research and develop, for the development and prevention of the use of prohibited substances;

(4) to promote and support the cooperative affairs in the prevention of the use of prohibited substances, both at the national and international levels;

(5) to establish a database for competent authorities responsible for the control of prohibited substance use, to include the collection and improvement of data on the use of prohibited substances so that it may comply with international standards;

(6) to provide advertisement and publicity of news relating to prohibited

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substances for the knowledge and understanding of athletes and the Public; (7) to cooperate with athletes, sports associations and relevant

organizations in the detection of prohibited substances, both domestically and internationally;

(8) to cooperate with organizations operating against the use of prohibited substances in international sports;

(9) to prepare an annual report on the results of its operations to the Minister, at least one a year;

(10) to take any other action designated by the Minister, the Committee and the special committee.

Section 19. The Office shall have a Director who the Secretary General of

the Sports Authority of Thailand shall appoint from employees thereof, who shall have the power and duties to manage the affairs of the Office so that they may comply with the powers and duties of the Office, and with the Rules, Regulations and policy prescribed by the Committee.

CHAPTER II THE CONTROL OF PROHIBITED SUBSTANCE USAGE

__________________ Section 20. The Minister shall have the power to prescribe a list of

prohibited substances according to the advice of the Committee. Section 21. Once the Minister prescribes by Notification, a substance to be

prohibited under section 20, the Committee shall prescribe by Notification, the league, type, event or competition in which such prohibited substance shall be under control.

Section 22. Upon the issuance of a Notification of the Committee uder

section 21, athletes shall be prohibited from the following acts;

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(1) Use a prohibited substance; (2) buy, sell, exchange, give, transport or possess; a prohibited substance,

whether for his or herself, or for another athlete; (3) induce, incite, encourage, suggest, promote, support, trick or coerce

another athlete in using a prohibited substance; (4) move, damage, destroy, hide, take, lose or cause to extinguish, the

use of such prohibited substance, documents or evidence relating to the detection of a prohibited substance, or act in a any way to evade the detection of the use of prohibited substance, by a competent official under section 29;

(5) commit any other act which violates, or fail to comply with a Rule or Notification prescribed by the Committee.

Section 23. Upon the issue of a Notification by the Committee under

section 21, a sports supporter shall not do the following: (1) use a prohibited substance on an athlete; (2) buy, sell, exchange, give, transport or possess; a prohibited substance,

for an athlete; (3) induce, incite, encourage, suggest, promote, support, trick or coerce

an athlete to use a prohibited substance; (4) move, damage, destroy, hide, take, lose or cause to extinguish, the

use of such prohibited substance, documents or evidence relating to the detection of a prohibited substance, or act in a any way to evade the detection of the use of prohibited substance, by a competent official under section 29;

(5) commit any other act, or fail to comply with any Rule or Notification prescribed by the Committee.

Section 24. The collection of a sample, the transport of a sample and the

delivery thereof, the laboratory testing, the standard of testing and the fees for the testing of samples, shall be in accordance with the criteria, procedures and conditions prescribed by the Committee in Rules issued thereby.

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Section 25 Upon the issue of a Notification under section 21, any athlete

who intends to use a prohibited substance for the purpose of treatment shall submit an application to the Office, and the Office shall send such application to the medical committee for consideration.

The application, the consideration and the notification of the results under paragraph one shall be as according to the procedures and conditions prescribed by Notification of the Committee.

The decision of the medical committee shall be final. Section 26. When the punishment deliberation committee receives a

report from the Office specifying that an athlete or a sports supporter has violated or failed to act in compliance with section 22 or section 23, as the case may be, the punishment deliberation committee shall proceed to deliberate in accordance with the criteria, procedures and conditions prescribed by Notification of the Committee, and shall notify the results of the deliberation of punishment to the Sports Authority of Thailand so that a punishment may be ordered according to the prescription of the punishment deliberation committee

Section 27. In the case where an athlete or a sports supporter receives an

Order of punishment by the Sports of Authority of Thailand under section 26, and is not content with such Order of punishment, that person shall have the right to appeal in writing to the appeals deliberation committee within fifteen days as from the day on which such Order is received.

Section 28. Upon receipt of an appeal of the deliberation of punishment

under section 27, the appeal deliberation committee shall have the power to consider and deliberate the Order of Punishment of the Sports Authority of Thailand, in accordance with the criteria, procedures and conditions prescribed by Notification of the Committee.

The appeals deliberation committee shall deliberate an appeal within thirty

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days as from the date of the receipt of a written appeal, and shall notify its deliberation in writing by registered post to the appellant.

The decision of the appeals deliberation committee shall be final.

CHAPTER III

COMPETENT OFFICIALS __________________

Section 29 A competent official who has been appointed by the

Committee shall proceed to test for the use of a prohibited substance, collect samples for testing, report the results from a prohibited substance test, and shall have the following powers:

(1) to enter to collect a sample outside of a sports competition, in order to search for a prohibited substance at any place at which an athlete is situated during the hours of sunrise and sunset;

(2) to issue a letter to summon any person to give a statement, to submit a written statement, or to send documents or evidence relating to the search for a prohibited substance, for examination or for use in consideration.

Section 30. In the performance of a duty under this Act, a competent

official shall show a card of identification to relevant persons. A card of identification shall be in the form prescribed by Ministerial

Regulation. Section 31. An athlete, sports supporter, sports association, or a related

person shall provide convenience to a competent official is performing the duty under section 29.

Section 32. In the performance of a duty under this Act, a competent

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official shall be an official under the Penal Code.

CHAPTER IV PENALTY PROVISIONS __________________

Section 33. A person who violates or fails to comply with section 22 shall be liable to one of the following penalties;

(1) be disqualified from participating in sports competitions within such time limit as may be prescribed by the punishment deliberation committee;

(2) Be disqualified from participating in all sports in every sports event for life.

In the case where the punishment deliberation committee is of the opinion that such violation is not grave, it may decide not to impose a punishment and impose a probation or a warning instead.

Section 34. Any person who violates or fails to comply with section 23 shall

be liable to one of the following penalties; (1) be disqualified from participating in sports competitions within such time

limit as may be prescribed by the punishment deliberation committee;

(2) Be disqualified from participating in all sports in every sports event for life.

In the case where the punishment deliberation committee is of the opinion that such violation is not grave, it may decide not to impose a punishment and impose a probation or a warning instead.

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Countersigned by: Yingluck Shinawatra Prime Minister

Documents

ANTI-DOPING IN SPORTS ACT,web.krisdika.go.th/data/outsitedata/outsite21/file/Anti...ANTI-DOPING IN SPORTS ACT, B.E. 2555 (A.D. 2012)1 BHUMIBOL ADULYADEJ, REX. Given on the 28th Day