ACT, No. 33OF2013

33OF2013.pdf
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PARLIAMENT OF THE DEMOCRATIC
SOCIALIST REPUBLIC OF
SRI LANKA
—————————
CONVENTION AGAINST DOPING IN
SPORT ACT, No. 33 OF 2013
—————————
[Certified on 11th November, 2013]
Printed on the Order of Government
—————————
Published as a Supplement to Part II of theGazette of the Democratic
Socialist Republic of Sri Lanka of November 15, 2013.
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Convention against Doping in Sport 1
Act, No. 33 of 2013
[Certified on 11th November, 2013]
L.D.—O. 17/2011.
AN ACT TO GIVE EFFECT TO THE INTERNATIONAL CONVENTION AGAINST
DOPING IN SPORT ; TO MAKE PROVISION FOR THE IMPLEMENTATION IN
SRI LANKA OF THE SAID CONVENTION BY THE ESTABLISHMENT OF THE
SRI LANKA ANTI DOPING AGENCY AND FOR SPECIFYING THE
APPLICABLE DOMESTIC LEGAL MECHANISM TO COMBAT DOPING
IN SPORT WITHIN THE FRAMEWORK OF THE AFORESAID CONVENTION ;
AND TOPROVIDE FOR MATTERS CONNECTED THEREWITH OR INCIDENTAL
THERETO.
WHEREAS an International Convention Against Doping In Preamble.
Sport (hereinafter referred to as “the Convention”) was
adopted on the Nineteenth day of October, Two Thousand
and Five in Paris, at the General Conference of the United
Nations Educational, Scientific and Cultural Organization
(UNESCO) :
AND WHEREAS the Government of Sri Lanka acceded to
the aforesaid Convention on the Twenty-Fourth day of
February, Two Thousand and Eleven and the Instrument of
Accession was deposited with the Director-General on the
Ninth day of March, Two Thousand and Eleven :
AND WHEREAS the aforesaid Convention entered into force
in respect of Sri Lanka on the First day of May, Two Thousand
and Eleven :
AND WHEREAS it is necessary for the Government of
Sri Lanka to enact domestic legislation to give effect to
Sri Lanka’s obligations under the aforesaid Convention :
NOW THEREFORE BE it enacted by the Parliament of the
Democratic Socialist Republic of Sri Lanka as follows :—
1. This Act may be cited as the Convention against Short title.
Doping in Sport Act, No. 33 of 2013.
2—PL 007661—4,090 (10/2013)
2 Convention against Doping in Sport
Act, No. 33 of 2013
Persons to whom 2. The provisions of this Act shall apply in respect of:—
the Act applies.
(a) all persons who are members of any National
Association of Sports, established in terms of the
Sports Law, No. 25 of 1973 ;
(b) any person or body of persons being an affiliated
member, club, team, association or league of any
National Association ;
(c) every person who participates in any sports activity
organized, held, convened or authorized by any
National Association of Sports or by any person or
body of persons ;
(d) every “person connected with the training of
an athlete” at any level including any member of
his entourage;
(e) every participant (including minors) at a sports
event, being held in Sri Lanka or abroad.
PART I
OFFENCES
Offences. 3. (1) Any person who—
(a) induces, supplies, administers any prohibited
substance or uses or applies any prohibited method
which are prescribed by regulations made under this
Act on an athlete ;
(b) induces or introduces its metabolites or its markers
in any athlete’s sample ;
(c) uses or applies any prohibited substance or
prohibited method on any animal used in sport ;
(d) engages in sports has in one’s possession, any
prohibited substance or prohibited method with the
intention of committing an offence under this Act;
Convention against Doping in Sport 3
Act, No. 33 of 2013
(e) trafficks in any prohibited substance or uses on an
athlete any prohibited substance or any prohibited
method in sport,
shall be guilty of an offence under this Act.
‘trafficking’ means—
(i) to sell, give, procure, transport, send,
deliver or distribute ; or
(ii) to offer to do anything mentioned in
paragraph (i).
(2) Any person who—
(a) attempts to commit ;
(b) aids and abets the commission of ; or
(c) conspires with another person or a group of
persons in the commission of,
an offence within the meaning of subsection (1), shall
be guilty of an offence under this Act.
In this subsection—
“aid or abet” has the same meaning as in section 100
of the Penal Code.
“conspires” has the same meaning as in section 113A
of the Penal Code.
(3) A person guilty of an offence under subsection (1) or
subsection (2) of this section, shall on conviction on
indictment by the High Court, be punished with imprisonment
for a term not exceeding two years, and also be liable to a fine
not less than rupees five hundred thousand and not more
4 Convention against Doping in Sport
Act, No. 33 of 2013
than rupees one million and may impose a prohibition for a
certain number of years on his activities where the person
convicted is a member of the athlete’s entourage.
High Court to try 4. (1) The High Court of Sri Lanka holden in Colombo
offences under or the High Court of the Province established under Article
this Act. 154p of the Constitution for the Western Province, holden in
Colombo, shall, notwithstanding anything to the contrary in
any other law, have exclusive jurisdiction to try offences
under this Act.
(2) Where an act constituting an offence under this Act is
committed outside Sri Lanka, the High Court referred to in
subsection (1) shall have jurisdiction to try such offence as if
it were committed within Sri Lanka, if—
(a) the person who committed such act is present in Sri
Lanka ;
(b) such act is committed by a citizen of Sri Lanka ;
(c) such act is committed on board an aircraft which is
operated by the Government of Sri Lanka ; and
(d) the person in relation to whom the offence is alleged
to have been committed is a citizen of Sri Lanka.
PART II
THERAPEUTIC USE EXEMPTIONS
Therapeutic use 5. (1) A Therapeutic Use Exemption (hereinafter referred
Exemptions. to as a “TUE”) may be granted to an athlete, permitting the
use of a prohibited substance or prohibited method by the
athlete when participating at any sports event by the Sri
Lanka Anti-Doping Agency established under section 10.
(2) An athlete who requires to avail himself of the said
TUE shall make an application not less than thirty days
Convention against Doping in Sport 5
Act, No. 33 of 2013
prior to the date on which the approval is required in the
form prescribed by regulations to the Sri Lanka Anti-Doping
Agency requesting the grant of a TUE. The athlete should
forward all supporting medical evidence and documents to
the Agency along with such application.
(3) Regulations may be made prescribing any other
matters, procedures or documents which may be required for
the consideration and grant of a TUE.
6. (1) The Sri Lanka Anti Doping Agency shall on Procedure for
receipt of an application for the grant of a TUE made by an the grant of a
athlete in terms of section 5, submit such application for TUE.
review by the “Therapeutic Use Exemption Committee”
(hereinafter referred to as “the TUE Committee”), which shall
be established and appointed by such Agency for such
purpose.
(2) The TUE Committee should comprise of not less than
three members who shall be persons, having experience in
clinical, sports and exercise medicine. The members should
at the point of being appointed, disclose any conflict of
interest which may exist. The Sri Lanka Anti-Doping Agency
shall thereupon take steps to appoint another person in place
of such member.
(3) The TUE Committee shall recommend the grant of a
TUE to the Sri Lanka Anti-Doping Agency, only if,—
(a) the athlete making the application would
experience a severe impairment to health, if the
prohibited substance or prohibited method were to
be withheld in the process of treatment of an acute
or chronic medical condition ;
(b) it is established to the satisfaction of the Committee,
by the athlete, that the use of the prohibited
substance or prohibited method would produce no
additional enhancement of performance other than
6 Convention against Doping in Sport
Act, No. 33 of 2013
that which might be expected by the return of by
the athlete to a state of normal health following the
treatment for a legitimate medical condition :
Provided that the use of any prohibited substance
or prohibited method to increase “low normal”
levels of any endogenous hormone is not considered
an acceptable therapeutic intervention ;
(c) there is no reasonable therapeutic alternative for
the athlete in the circumstances, other than the use
of the prohibited substance or prohibited method;
and
(d) the necessity for the use of the otherwise prohibited
substance or prohibited method, should in no event
be a consequence, wholly or in part, of the prior
use, without having obtained a TUE, of a substance
or method which was at the time of use prohibited.
(4) In arriving at its decision, the Committee shall be
guided by the provisions in the International Standard for
Therapeutic Use Exemptions of the World Anti Doping
Agency (hereinafter referred to as “WADA”) as are embodied
in the document titled “Medical information to Support the
Decisions of Therapeutic Use Exemption Committees” and
the arguments related to the diagnosis and treatment as well
as the duration of the validity of TUE’s.
(5) Having considered the evidence and documents in
support of the TUE, the TUE Committee shall forward to the
Sri Lanka Anti-Doping Agency its recommendation, either
recommending the grant of, or refusing the grant of, the
requested TUE. The TUE Committee shall set out in such
recommendation, the reasons for its decision.
Issue of TUE. 7. (1) The Sri Lanka Anti-Doping Agency shall on
receipt of the recommendation forwarded to it by the
Committee, grant approval and issue TUE or reject the
application with reasons assigned.
Convention against Doping in Sport 7
Act, No. 33 of 2013
(2) The TUE shall set out clearly the prohibited substance
or prohibited method in respect of which the TUE is granted
and the period for which such exemption is so granted, along
with any other conditions.
8. A TUE granted in accordance with the provisions of Cancellation of a
this Part of the Act, shall be cancelled if,— TUE.
(a) the athlete to whom the TUE is granted, does not
promptly comply with any requirements or
conditions subject to which the TUE has been
granted by the Sri Lanka Anti-Doping Agency ;
(b) the period for which the TUE was granted has
expired ; or
(c) the decision of the Sri Lanka Anti Doping Agency
is reversed by the World Anti-Doping Agency.
9. If at the end of the period for which the TUE Extension of
has been granted, an athlete is still required to use the period of
applicability of
prohibited substance or method for which the TUE was TUE.
granted, then a further application may be made in the manner
set out above.
PART III
ESTABLISHMENT OF THE SRI LANKA ANTI DOPING AGENCY
10. (1) There shall be established, in accordance with Establishment of
the provisions of this Act, an Agency which shall be called the Sri Lanka
Anti Doping
the Sri Lanka Anti Doping Agency (hereinafter referred to as Agency.
“the Agency”).
(2) The Agency shall, by the name assigned to it by
subsection (1), be a body corporate with perpetual succession
and a common seal and may sue and be sued in such
name.
8 Convention against Doping in Sport
Act, No. 33 of 2013
Objectives of the 11. The objectives of the Agency shall be to—
Agency.
(a) take such measures as are required for eradicating
doping in sport ;
(b) promote research into the area of doping in relation
to sports and reciprocal testing between the Agency
and other International Organizations carrying out
similar functions.
Powers, duties 12. The Agency shall have such powers as may be
and functions of necessary for the implementation of its objectives and the
the Agency.
discharge of the duties and functions assigned to it, and in
particular shall have the power to do all or any of the
following :—
(a) to plan, co-ordinate, implement and monitor anti-
doping activities ;
(b) to take measures against anti-doping rule
violations;
(c) to acquire (whether by sale, gift or otherwise), hold,
take or give on lease or hire, mortgage, pledge and
sell or otherwise dispose of, any movable or
immovable property ;
(d) to open and maintain current and savings accounts
in any bank ;
(e) to accept grants or donations from persons or bodies
of persons, whether in or outside Sri Lanka ;
(f) to enter into or perform, all such contracts as may
be necessary for the exercise of its powers or the
discharge of its functions ;
(g) to invest any money belonging to the Agency ;
Convention against Doping in Sport 9
Act, No. 33 of 2013
(h) to borrow such sums of money as may be necessary
for the purpose of discharging its functions ;
(i) to appoint, employ, remunerate and exercise
disciplinary control over, and dismiss such officers
and servants as are necessary for the discharge of
the functions of the Agency under this Act ;
(j) to charge fees for the services and assistance
provided by the Agency ; and
(k) to do all such other things which in the opinion of
the Agency are necessary to facilitate the discharge
of its functions.
13. (1) The administration, management and control of Administration
the affairs of the Agency shall be vested in a Board of of the Agency to
be vested in the
Governors (hereinafter referred to as the “Board”).
Board.
(2) The Board shall, for the purpose of administering the
affairs of the Agency exercise, perform and discharge the
powers, duties and functions conferred or imposed on or
assigned to the Agency by this Act.
14. (1) The Board shall consist of the following :— Constitution of
the Board.
(a) ex-officio members, namely—
(i) an officer not below the rank of Senior
Assistant Secretary nominated by the
Secretary to the Ministry of the Minister to
whom the subject of Sports is assigned ;
(ii) the Director-General of Sports Development ;
(iii) the Director-General of the National Institute
of Sports Medicine ;
(iv) the Director of the National Institute of Sports
Science ; and
10 Convention against Doping in Sport
Act, No. 33 of 2013
(b) six members appointed by the Minister
(hereinafter referred to as the “appointed
members”) distinguished in the field of law, sports
medicine and sports science.
(2) The Minister shall appoint one of the appointed
members of the Board to be the Chairman of the Board. The
Chairman so appointed shall hold office for a term of three
years and shall be eligible for reappointment.
(3) A person shall be disqualified from being appointed
or from continuing as a member of the Board, if he—
(a) is, or becomes, a member of Parliament or a member
of a Provincial Council or a member of a Local
Authority as the case may be ; or
(b) directly or indirectly, holds or enjoys any right or
benefit under any contract made by or on behalf of
the Agency ; or
(c) has any financial or other interest as is likely to affect
prejudicially the discharge by him of his functions
as a member of the Board.
Duties of the 15. It shall be the duty of the Board to advice the Minister
Board. on any or all of the matters related to the objects of the
Agency and for any such matter referred to the Board for
advice by the Minister.
Power of the 16. The Minister may from time to time issue special or
Minister to give general directions in writing relating to the exercise of the
special or
powers and the performance of the duties of the Board, and
general
directions to the the Board shall give effect to such directions.
Board.
Term of office 17. (1) An appointed member of the Board shall hold
of appointed office for a period of three years from the date of the
members.
appointment.
Convention against Doping in Sport 11
Act, No. 33 of 2013
(2) The Minister may if he condiders it expedient to do
so, remove, with reasons assigned therefor, any appointed
member of the Board from office.
(3) An appointed member of the Board may at any time
resign his office by a letter addressed to the Minister.
(4) In the event of a vacancy occurring in the membership
of the Board as a result of any appointed member vacating
office by death, resignation, removal from office or otherwise,
another person shall, having regard to the provisions of
section 14, be appointed to fill such vacancy.
(5) Where another person is appointed to fill a vacancy
caused by the death, resignation, removal from office or
otherwise of an appointed member, the person so appointed
shall hold such office for the unexpired part of the term of
office of the member of the Board whom he succeeds.
(6) Where any appointed member is by reason of illness,
infirmity or absence from Sri Lanka for a period of not less
than three months, temporarily unable to perform his duties,
another person, may, having regard to the provisions of
section 14, be appointed to act in his place.
(7) Any appointed member of the Board, who is absent
without leave from three consecutive meetings of the Board
shall be deemed to have vacated his office.
18. (1) The Chairman or in absence of the Chairman, the Meetings of the
Vice Chairman shall preside at all meetings of the Board. In Board.
the absence of the Chairman and the Vice Chairman from any
meeting of the Board, the members present at such meeting
shall nominate one member from amongst those present, to
preside at such meeting.
(2) In the event of an equality of votes at any meeting of
the Board, the Chairman, or the member presiding at such
meeting shall in addition to his vote, have a casting vote.
12 Convention against Doping in Sport
Act, No. 33 of 2013
(3) The meetings of the Board shall be convened by the
Chairman and shall be held as frequently as is necessary for
the purpose of discharging the functions of the Agency under
this Act.
(4) The quorum for meeting of the Board shall be four
members.
(5) The Board may pay any member with the approval of
the Minister, such remuneration or allowance, as may be
decided by the Board with the concurrence of the Minister
of Finance.
(6) Subject to the provisions of this Act, regulations may
be made, regulating the procedure to be followed with regard
to conduct of its meetings and the transaction of business at
such meetings. The Board may make rules in this regard.
The Agency 19. The Agency shall be deemed to be a Scheduled
deemed to be a Institution, within the meaning of the Bribery Act, and the
scheduled
provisions of that Act shall be construed accordingly.
Institution
within the
meaning of the
Bribery Act.
Officers and 20. All members, officers and servants of the Agency shall
servants of the be deemed to be public servants within the meaning, and for
Agency to be
the purposes, of the Penal Code.
public servants.
Proceedings of 21. Subject to the provisions of subsection (4) of section
the Board not to 17, the Board shall have the power to act notwithstanding
be invalid by
reason of any any vacancy in its membership, and no act or proceeding of
vacancy or the Board shall be invalid by reason only of the existence of
defect in the
appointment of any such vacancy or any defect in the appointment of a
a member. member thereof.
Convention against Doping in Sport 13
Act, No. 33 of 2013
22. (1) The Board shall appoint a fit and proper person Appointment of
distinguished in the field of medicine or sports medicine as the Director-
General.
Director-General of the Agency who shall be the Chief
Executive Officer of the Agency for a period of three years
and shall be eligible for reappointment.
(2) The Director-General shall execute or perform such
powers, functions and duties as may be delegated to him by
the Board. The Director-General may delegate to any member
of the Board any of his powers and duties.
23. (1) (a) The Board may establish Committees and Establishment of
Panels to assist it in the performance of its functions under Committees and
Panels.
this Act and may appoint such persons as it may deem fit to
be members of any such Committee or Panel.
(b) A Committee or Panel shall carry out its functions and
fulfill its obligations as stipulated in the terms of reference
given to such Committee or Panel by the Board.
(c) The Board may where it considers necessary, co-opt
as a member to a Committee or Panel any person who
possesses the required knowledge and expertise in the
relevent field for the purpose of finalizing the particular
matter under consideration. Such person shall not be a
permanent member and shall not have the right to vote in
respect of any issue which may arise in the course of its
business.
(d) The term of office of the members of any Committee
or panel shall be four years.
(e) Where a member of Committee or Panel dies or resigns,
the Board may, appoint another person to succeed the
member who dies or resigns:
Provided that the member so appointed in place of such
member shall hold office only for the unexpired portion of
the term of office of the member whom he succeeds.
14 Convention against Doping in Sport
Act, No. 33 of 2013
(f) A member of a Committee or Panel may be re-appointed
for another four year period only.
(g) A medical practitioner and a sports administrator shall
be included in every such Committee or Panel. Each such
member shall also make a disclosure of any involvement of
such member which may affect the impartiality of the decision
of the committee or Panel.
(h) The Committee or Panel may appoint an expert to
assist and advise the Committee or Panel on any hearing, on
a case by case basis.
(i) The Athlete or a member of his entourage, Agency, the
International Federation, the National Sports Association
and WADA shall have the right to appear as observers and
attend the hearings of the Disciplinary Panel.
(j) The Athlete or a member of his entourage may forego
a hearing by waiving in writing, the right to a hearing. The
Athlete or related person shall also in such letter acknowledge
the violation of the anti-doping rules and state that such
athlete or person accepts the consequences of such violation
as are prescribed in relation thereto.
(k) Every hearing in terms of this section shall should be
completed as expeditiously as possible and in any event,
prior to the expiry of three months of the date on which the
Committee or Panel commenced its hearing.
(l) The decision of a Committee or Panel on the
conclusion of a hearing shall be given in writing and shall
be signed by three members of each Committee or Panel and
be dated. In the event of a dissent, the member dissenting
shall state his reasons for such dissent as part of the decision
of the Committee or Panel.
(m) Every decision of the Committee or Panel shall set
out the consequences applicable to the Athlete or Person
concerned.
Convention against Doping in Sport 15
Act, No. 33 of 2013
(n) Every decision of the Committee or Panel shall be
notified to the Athlete or a member of his entourage, Agency,
the International Federation, the National Association of
Sports and WADA as soon as practicable.
(o) Rules may be made setting out the procedure to be
followed by a Committee or Panel in relation to the hearings
under this section.
(2) The Board shall constitute a Panel to be called
the “Sri Lanka Anti-Doping Disciplinary Panel” (hereinafter
referred to as the “Disciplinary Panel”) which shall
consist of-
(a) an officer not below the rank of Senior Assistant
Secretary nominated by the Secretary to the
Ministry of the Minister to whom the subject of
Sports is assigned, who shall be the Chairman;
(b) two persons from among lawyers who have more
than five years experience in court appearances,
who shall both be Vice Chairmen;
(c) three persons from among medical practitioners who
have more than five years experience in the field of
sports medicine;
(d) three persons who shall be persons who have had
previous experience in sports administration.
PART IV
DISCIPLINARY PROCEDURE AND APPEALS PROCEDURE IN RELATION TO
ANTI-DOPING RULE VIOLATIONS
24. The Board may, on the basis of the finding of any Situation of an
anti-doping rule
investigation regarding anti-doping rule violation carried
violation.
out by a Disciplinary Panel appointed under section 23,
assert that there has been an anti-doping rule violation if-
(a) there has been an adverse analytical finding in
respect of an athlete based on an allegation of doping
16 Convention against Doping in Sport
Act, No. 33 of 2013
along with a provisional suspension and a
provisional hearing;
(b) the test of the sample has not been declared void
due to an irregularity;
(c) the prohibited substance present is not consistent
with the TUE granted to the athlete in terms of this
Act;
(d) the Sample B analysis conforms the Sample A
finding or the athlete has not requested a sample B
analysis;
(e) all follow-up investigations lead clearly to the
conclusion that an Anti Doping Rule Violation has
been committed by the Athlete or any other person;
and
(f) the athlete has not provided any information or
evidence on the validity of the anti-doping test,
which requires further investigation.
Steps to be taken 25. (1) Where the Board asserts an anti-doping rule
if the Board violation in terms of section 24, the Board shall in writing,
asserts an anti-
doping rule notify its assertion to the Athlete or Person against whom
violation. the adverse analytical finding was made, the national anti-
doping body, the International Federation, the National
Association of Sports and WADA.
(2) The Board shall also in the event that it makes such
an assertion, notify the Sri Lanka Anti-doping Disciplinary
Panel established in terms of section 23 of such assertion
and request that a hearing be conducted by the Sri Lanka
Anti-Doping Disciplinary Panel in accordance with such
guidelines as shall be specified by rules.
Convention against Doping in Sport 17
Act, No. 33 of 2013
(3) The Board shall thereupon forward to the Sri Lanka
Anti-Doping Disciplinary Panel all documentation which is
relevant to the violation and which is available with them.
26. (1) Any Athlete or person aggrieved by a decision Appeal.
of-
(a) a Disciplinary Panel in terms of section 23; or
(b) a decision of the Agency refusing to grant to an
athlete a TUE which is requested in terms of
section 5,
may appeal to the Appeal Panel appointed by the Minister,
within two weeks of the decision being communicated to
him.
(2) The decision of the Appeal Panel shall be final and
conclusive.
(3) The Minister shall appoint an Anti-Doping Appeal
Panel (hereinafter referred to as the “Appeal Panel”) which
shall consist of six members who have distinguished in the
field of law and sports medicine to hear appeals in respect of
matters arising from the violation of Anti-Doping Rules as
may be prescribed.
27. (1) Every decision of a Panel upon a hearing in Consequences of
terms of this Act may be appealed against by a party aggrieved an adverse
decision by the
by such decision. Every such appeal shall be made to CAS
Appeal Panel.
and the provisions of the Code shall be applicable thereto.
(2) Where any athlete has been found to have acted in
contravention of the Anti Doping Rules applicable in Sri
Lanka, such athlete may be punished in terms of the
applicable provisions of the WADA Code. Rules may be
made setting out the punishments which are contained in
the WADA Code as being applicable to anti doping
contravention.
18 Convention against Doping in Sport
Act, No. 33 of 2013
PART V
FINANCE
Fund. 28. (1) The Agency shall have its own fund.
(2) There shall be credited to the fund of the Agency-
(a) all such sums of money as may be voted from
time to time by Parliament for the use of the
Agency;
(b) all such sums of money as may be received by
the Agency in the exercise, performance and
discharge of its powers, duties and functions;
and
(c) all such sums of money as may be received by
the Agency by way of loans, donations, gifts or
grants from any source whatsoever, whether in
or outside Sri Lanka.
(3) There shall be paid out of the fund of the Agency-
(a) all such sums of money as are required to defray
any expenditure incurred by the Agency in the
exercise, performance and discharge of its
powers, duties and functions under this Act; and
(b) all such sums of money as are required to be
paid out of such fund, by or under this Act.
Financial year of 29. The financial year of the Agency shall be the
the Agency. calendar year.
Audit of 30. (1) The provisions of Article 154 of the Constitution
Accounts. relating to the audit of accounts of public corporations shall
apply to, and in relation to, the audit of the accounts of the
Agency.
Convention against Doping in Sport 19
Act, No. 33 of 2013
(2) The provisions of Part II of the Finance Act, No. 38 of
1971 shall, mutatis mutandis apply to the financial control
and accounts of the Agency.
PART VI
GENERAL
31. Where an offence is committed by a body of persons, Offences
then- committed by
body of persons.
(a) if such body is a body corporate, then every person
who, at the time of the commission of the offence,
was a director, manager, officer or servant of such
body corporate; and
(b) if such body is a firm, then every person who at the
time of the commission of the offence was a partner
of that firm,
Shall be deemed to be guilty of that offence, unless he proves
that the offence was committed without his knowledge or
that he exercised due diligence to prevent the commission
of such offence.
32. (1) Any expense incurred by the Board in any suit Expenses to be
or prosecution brought by or against the Board before any paid out of the
Fund.
court, shall be paid out of the Fund of the Agency and any
costs paid to or recovered by the Board in any such suit or
prosecution shall be credited to the Fund of the Agency.
(2) Any expense incurred by any member, officer or any
servant of the Board in any suit or prosecution brought by or
against such person before any court in respect of any act or
omission which is done or purported to be done by such
person in good faith for the purpose of carrying out the
provisions of this Act shall, if the court holds that such act or
omission was done in good faith, be paid out of the Fund of
the Agency, unless such expenses are recovered by such
member, officer or servant in such suit or prosecution.
20 Convention against Doping in Sport
Act, No. 33 of 2013
Rules. 33. (1) The Agency may make rules for following
purposes:—
(a) setting out the procedure for adopting testing
methods, establishment of Registered Testing Pools,
sample collection, accreditation of testing
laboratories, standards to be maintained by testing
laboratories based on the Code of International
Standards for testing Laboratories;
(b) procedure to be followed in the analysis of samples;
(c) procedure for results management in relation to
samples;
(d) specifying anti-doping rules applicable and the
consequences of anti-doping rule violation;
(e) specifying anti-doping control activities;
(f) specifying the procedures applicable in relation to
Negative Analytical findings and Adverse
Analytical findings and principles governing
provisional suspension of an athlete, suspension of
an athlete;
(g) specifying matters connected with the granting of
TUE;
(h) specifying the Sri Lanka Code of Standards for the
testing of samples based on the Code of
International Standards for testing of samples;
(i) procedure for re-entry of a banned athlete;
(j) procedure for the providing access to Independent
Observers;
(k) the procedure to be followed by Agency in relation
to in competition testing of athletes; and
Convention against Doping in Sport 21
Act, No. 33 of 2013
(l) the procedure to be followed by Agency in relation
to out of competition testing of athletes.
(2) A rule made by the Agency under subsection (1) shall
not have effect until it is approved by the Minister and is
published in the Gazette.
34. (1) The Minister may make regulations in respect of Regulations.
all matters required by this Act to be prescribed or in respect
of which regulations are required or authorized to be made
under this Act.
(2) Every regulation made by the Minister shall be
published in the Gazette and shall come into operation from
the date of such publication.
(3) Every regulation made by the Minister shall, as soon
as convenient after its publication in the Gazette but not
later than sixty days from the making thereof, be brought
before the Parliament for approval. Any regulation which is
not so approved shall be deemed to be rescinded as from the
date of its disapproval but without prejudice to anything
previously done thereunder.
(4) Notification of the date on which any regulation made
by the Minister is so deemed to be rescinded shall be
published in the Gazette.
35. All actions, things or matters done, decisions taken Validation.
and implemented by the Sri Lanka Anti Doping Agency
appointed in terms of the Sports Law, No. 25 of 1973 and in
terms of the Sri Lanka Anti Doping Code compiled by the
Agency and effective from April 2009, and in force on the
day immediately prior to the coming into operation of this
Act, shall be deemed to be actions, things and decisions
taken, done and implemented by the Sri Lanka Anti Doping
Agency appointed by section 10 of this Act and shall be
deemed to have been, and to be, validly done and all persons
concerned are hereby indemnified against all actions civil
or criminal, in respect thereof.
22 Convention against Doping in Sport
Act, No. 33 of 2013
Interpretation. 36. In this Act, unless the context otherwise requires-
“athlete” means any person who participates in any
sport at the international or national level or
any sports event;
“CAS” means Court of Arbitration of Sports;
“Code” means the World Anti-Doping Code adopted
by the World Anti-Doping Agency (WADA) on
March 5, 2003 at Copenhagen, as amended from
time to time;
“competition” means a single race, match, game or
singular athletic contest;
“in-competition testing” means for purposes of
differentiating between in-competition and out-
of-competition testing, unless provided
otherwise in the rules of an international
Federation or other relevant anti-doping
organization, a test where an athlete is selected
for testing in connection with a specific
competition;
“person connected with the training of an athlete”
includes every person who is a Curator, Match
Adjudicator, Umpire, Referee, Sports Manager,
Coach, Trainer, Sports Associate, Masseur,
Physio, Medico, or Paramedic;
“sports organization” means any organization that
serves as the ruling body for an event for one or
several sports;
“testing” means the parts of the doping control
process involving test distribution planning,
sample collection, sample handling and
transport of sample to the laboratory;
Convention against Doping in Sport 23
Act, No. 33 of 2013
“Therapeutic Use Exemption (TUE)” means an
exemption granted in accordance with standards
for granting Therapeutic Use Exemptions;
“use” means the application, injection or
consumption by any means whatsoever of any
prohibited substance or prohibited method;
“World Anti-doping Agency (WADA)” means the
entity established for the purposes of the
International Convention against Doping in
Sport in Switzerland, on November 10, 1999.
37. In the event of any inconsistency between the Sinhala text to
Sinhala and Tamil texts of this Act, the Sinhala text shall prevail in case
of inconsistency.
prevail.

24 Convention against Doping in Sport
Act, No. 33 of 2013
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