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Sport Doping Control Act, BE 2555 (2012)

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Seal of the Royal Command of Thailand


Sport Doping Control

Act,

BE 2555 (2012)




Bhumibol Adulyadej, R.


Given under Our Hand this 28th Day of December, BE 2555 (2012);


Being the 67th Year of Our Reign.



Phra Bat Somdet Phra Paraminthra Maha Bhumibol Adulyadej is graciously pleased to proclaim that:

Whereas it is desirable to bring into existence a law on control of doping in sport;

And whereas it is aware that this Act contains certain provisions giving rise to the restriction of personal rights and freedoms which section 29 incorporating sections 32, 33, 35 and 43 of the Constitution of the Kingdom of Thailand permit to be done by virtue of the legal provisions;

Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the National Assembly, as follows:



§ 1

This Act shall be cited as the "Sport Doping Control Act, BE 2555 (2012)".


§ 2

This Act shall come into force upon elapse of one hundred and twenty days from the date of its publication in the Government Gazette.[1]


§ 3

In this Act:

"Prohibited substance" means a substance which would enhance performance of the user upon its entry into his body, as designated and announced by the Minister upon advice of the Sport Doping Control Commission;

"Sports association" means an association whose incorporation is licenced under the law on the Sports Authority of Thailand;

"Sports Authority of Thailand" means the Sports Authority of Thailand under the law on the Sports Authority of Thailand;

"Sports competition" means any competitive sports program according to the classes, types or kinds designated and announced by the Sport Doping Control Commission;

"Athlete" means a person who is a member of or registered by a sports association, and includes a participant in a sports competition on behalf of a sports association or in a sports competition recognised by a sports association;

"Athletic supporter" means an executive board of a sports association, trainer, coach, agent, team staff member, relevant staff member and medical staff member working for or providing medical treatment to an athlete;

"Office" means the Sport Doping Control Office;

"Commission" means the Sport Doping Control Commission;

"Director" means the Director of the Sport Doping Control Office;

"Competent authority" means a person authorised by the Minister to execute this Act;

"Minister" means the Minister in charge of this Act.


§ 4

The Minister of Tourism and Sports shall be in charge of this Act and shall be empowered to appoint the competent authorities and issue the ministerial regulations and announcements for the execution of this Act.

Those ministerial regulations and announcements shall take effect upon their publication in the Government Gazette.



Chapter 1

Commissions





§ 5

There shall be a commission, called "Sport Doping Control Commission", consisting of:

(1) Minister of Tourism and Sports as President;

(2) Permanent Secretary for Tourism and Sports as the First Vice President;

(3) President of the National Olympic Committee of Thailand under His Majesty's Patronage as the Second Vice President;

(4) ex officio Commissioners, that is, the Permanent Secretary for Education, the Permanent Secretary for Public Health, the Attorney General, the Director General of the Department of Physical Education, the Rector of the Physical Education Institute, and the Chief of Medical Staff of the National Olympic Committee of Thailand under His Majesty's Patronage;

(5) not more than three expert Commissioners appointed by the Minister from amongst the persons of knowledge and proficiency in the field of control of doping in sport.

The Governor of the Sports Authority of Thailand shall serve as a Commissioner and Secretary, and the Director, Assistant Secretary.


§ 6

An expert Commissioner must be qualified and not disqualified as follows:

a. qualifications:

(1) being a Thai national;

(2) having obtained a bachelor's degree or higher degree;

b. disqualifications:

(1) being a bankrupt or having been a dishonest bankrupt;

(2) being incompetent or quasi-incompetent;

(3) having been sentenced to imprisonment by a final judgment, save where the sentence was in consequence of a negligent offence or misdemeanour;

(4) having been dismissed, discharged or removed from a government agency or state organ or agency, or having been disemployed by a private agency, on grounds of corruption.


§ 7

An expert Commissioner shall hold office for a term of two years.

In cases an expert Commissioner vacates his office prior to the expiry of his term, the Minister shall appoint a new expert Commissioner to fill such vacancy. But if the remaining term of the expert Commissioner is less than ninety days, his office may be left vacant. An expert Commission appointed to fill a vacancy or appointed in addition to the existing expert Commissioner shall be in his office for the remaining term of the existing expert Commissioner.

If, upon expiry of the term under paragraph 1, no new expert Commissioner is yet appointed, the vacating expert Commissioner shall remain in office and continue to function until his office is assumed by a new expert Commissioner.


§ 8

In addition to term expiry, an expert Commissioner shall vacate his office upon:

(1) death;

(2) resignation;

(3) removal by the Minister owing to failure of duty, failure of good behaviour or lack of ability;

(4) lacking any disqualification or being attacked by any disqualification under section 6.


§ 9

The Commission shall be invested with the authority:

(1) to determine the policies and supervise the administration of business of the Office in general;

(2) to offer to the Minister advice on the designation of prohibited substances;

(3) to lay down the rules or announcements as to the consideration of penalties as well as the penal standards and measures;

(4) to promote the provision of knowledge on prohibited substances to the athletes, athletic supporters and other sports-related personnel;

(5) to lay down the regulations, rules or announcements governing any other activities in the exercise of authority of the Commission, specific commissions or sub-commissions under this Act;

(6) to carry out any other activities as authorised by this Act or other laws or as required by the Council of Ministers.


§ 10

At a meeting of the Commission, a quorum shall be established by the presence of not less than one half of the total number of the existing Commissioners.

At any meeting of the Commission, if the President is absent or incapable of functioning, the First Vice President shall officiate such meeting. If the First Vice President is absent or cannot function, the Second Vice President shall preside over the meeting. Should the Second Vice President be also absent or unable to function, the present Commissioners shall elect one amongst themselves to chair the meeting.

A decision of a meeting shall be based upon a majority of votes. In voting, one Commissioner shall have one vote. In case of tie, the presiding officer shall issue one additional vote as a casting vote.


§ 11

There shall be the following specific commissions:

(1) medical commission;

(2) penal commission;

(3) appellate commission.

A specific commissioner shall be in office for a term of two years and sections 6, 7, 8 and 10 shall apply to him mutatis mutandis.

The specific commissions shall have the authority herein prescribed and the authority given by the Commission.

No person may at the same time be a member of both the specific commissions under (2) and (3).


§ 12

The Commission or specific commissions may set up the sub-commissions to consider any matter or carry out any activity as required by the Commission or specific commissions.


§ 13

The specific commissions shall be empowered to direct the athletes, athletic supporters or relevant persons to deliver the prohitied substances being searched for, or the objects, documents, evidence or information concerning those substances. For this purpose, the specific commissions may order the athletes, athletic supporters or relevant persons to appear and give statements in person.


§ 14

The medical commission shall consist of a chairperson and other commissioners numbering not less than five but not more than seven in total. They shall be appointed by the Commission from amongst the persons having knowledge and expertise in the fields of medicine and pharmacy.

The medical commission shall appoint one official of the Office as its secretary.


§ 15

The penal commission shall consist of a chairperson and other commissioners numbering not less than five but not more than seven in total. They shall be appointed by the Commission from amongst the persons having knowledge and expertise in the fields of medicine, law and sports; said at least one commissioner being in each field.

The penal commission shall appoint one official of the Office as its secretary.


§ 16

The appellate commission shall consist of a chairperson and other commissioners numbering not less than five but not more than seven in total. They shall be appointed by the Commission from amongst the persons having knowledge and expertise in the fields of medicine, law and sports; said at least one commissioner being in each field.

The appellate commission shall appoint one official of the Office as its secretary.


§ 17

The Commission and specific commissions shall be entitled to meeting allowances and other benefits as provided by the Council of Ministers.


§ 18

The Sport Doping Control Office shall be established as an agency of the Sports Authority of Thailand and shall be given the authority:

(1) to be responsible for the administrative affairs of the Commissiona and specific commissions;

(2) to take any measures concerning the control and supervision of the use of prohibited substances, as required by the regulations, rules or announcements of the Commission;

(3) to provide academic services, as well as promote and support academic work, assuance of qualities of the doping control system, and research and development for the purpose strengthening and protecting the control of the use of prohibited substances;

(4) to promote and support domestic and international cooperation on the prevention of the use of prohibited substances;

(5) to create databases for the sake of the doping control authorities, as well as gather and improve information concerning the use of prohibited substances, in accordance with international standards;

(6) to publish and distribute information as to prohibited substances, with a view to providing knowledge and understanding to the athletes and the public;

(7) to cooperate with the athletes, sports associations and pertinent organs, both domestic and international, on the detection for prohibited substances;

(8) to cooperate with the anti-doping agencies at international level;

(9) to draw up the annual performance reports and submit them to the Council of Ministers at least once a year;

(10) to perform any other activities as may be required by the Minister, Commission and specific commissions.


§ 19

The Office shall be led by one Director who is to be appointed by the Governor of the Sports Authority of Thailand from amongst the officials of the Sports Authority of Thailand. The Director shall have the authority to administer the business of the Office within the purview of its authority and in conformance with the rules, regulations and policies laid down by the Commission.



Chapter 2

Control of Use of Prohibited Substances





§ 20

The Minister shall be empowered to designate and announce the prohibited substances, upon advice of the Commission.


§ 21

After the Minister designates any substance as a prohibited substance under section 20, the Commission shall determine and announce the classes, types and kinds of sports competitions in which the use of such substance is controlled.

The announcement under paragraph 1 may impose control upon the use of the substance in question both during and after the sports competitions.


§ 22

Upon announcement of the Commission under section 21, no athlete may conduct the following:

(1) using the prohibited substances;

(2) buying, selling, exchanging, giving, carrying or possessing a prohibited substance, whether for his own sake or for the sake of another athlete;

(3) encouraging, persuading, inciting, instructing, promoting, supporting, deceiving or coercing another athlete to use or into using a prohibited substance;

(4) removing, damaging, destroying, concealing, taking away, causing to be lost or rendering useless the prohibited substances or the documents or evidence concerning the search therefor, or by whatever means avoiding an examination of the use of prohibited substance conducted by an authority under section 29;

(5) otherwise violating or failing to comply with the rules or announcements of the Commission.


§ 23

Upon announcement of the Commission under section 21, no athletic supporter may commit the following:

(1) applying a prohibited substance to an athlete;

(2) buying, selling, exchanging, giving, carrying or possessing a prohibited substance for the sake of an athlete;

(3) encouraging, persuading, inciting, instructing, promoting, supporting, deceiving or coercing an athlete to use or into using a prohibited substance;

(4) removing, damaging, destroying, concealing, taking away, causing to be lost or rendering useless the prohibited substances or the documents or evidence concerning the search therefor, or by whatever means obstructing an examination of the use of prohibited substance conducted by an authority under section 29;

(5) otherwise violating or failing to comply with the rules or announcements of the Commission.


§ 24

The collection, removal and transport of specimina, the conduct and standards of laboratory examinations, and the costs of prohibited substance detection service shall be governed by the criteria, procedure and conditions set forth in the rules of the Commission.


§ 25

Upon announcement of the Commission under section 21, any athlete wishing to use a prohibited substance for medical purposes shall file an application for permission with the Office and the Office shall forward such application to the medical commission for consideration.

The making and consideration of an application under paragraph 1 and the notification of the consideration outcome shall be subject to the criteria, procedure and conditions stipulated by the Commission.

The decisions of the medical commission shall be final.


§ 26

Having received a report from the Office that any athlete or athletic support violates or fails to comply with section 22 or 23, as the case may be, the penal commission shall initiate the actions under the criteria, procedure and conditions laid down by the Commission, and shall communicate the outcome of the determination of penalties to the Sports Authority of Thailand for further execution thereof.


§ 27

In cases an athlete or athletic support incurs any penalty ordered by the Sports Authority of Thailand by virtue of section 29 and does not agree with such order, he may lodge a written appeal with the appellate commission within fifteen days from his receipt of notice of the order.


§ 28

Upon receipt of a written appeal against penalty under section 27, the appellate commission shall be competent to review and rule on the order of penalty rendered by the Sports Authority of Thailand, according to the criteria, procedure and conditions laid down by the Commission.

The appellate commission must completely address an appeal within thirty days from its receipt thereof and shall give written notice of its ruling to the appellant by means of registered advice of delivery.

The rulings of the appellate commission shall be final.



Chapter 3

Competent Authorities





§ 29

A competent authority authorised by the Commission shall examine the use of prohibited substances, collect specimina, report the outcome of such examination, and shall be given the power:

(1) to, during the time between sunrise and sunset, enter any place where athletes reside for the purpose of collecting certain specimina after sports competitions;

(2) to, by written summons, direct any person to appear and give statement, to provide written explanation or to produce documents or evidence concerning the search for prohibited substances for further examination or consideration.


§ 30

In discharging their duties under this Act, the competent authorities must produce their identity cards to the persons concerned.

The form of the competent authority identity cards shall be set forth in a ministerial regulation.


§ 31

The athletes, athletic supports, sports associations or relevant persons shall be obliged to provide convenience to the competent authorities in the execution of section 29.


§ 32

In rendering their duties under this Act, the competent authorities shall become the public officers under the Criminal Code.



Chapter 4

Penal Provisions





§ 33

Any person who violates or fails to abide by section 22 shall undergo any of the following penalties:

(1) deprivation of the rights to participate in a sports competition for a period of time determined by the penal commission;

(2) deprivation of the rights to participate in every sports competition for life.

Finding that the violation is not serious, the penal commission may place the violator on probation or issue an admonition or warning to him, instead of inflicting a penalty upon him.


§ 34

Any person who violates or fails to adhere to section 22 shall incur any of the following penalties:

(1) deprivation of the rights to participate in a sports competition for a period of time determined by the penal commission;

(2) deprivation of the rights to participate in every sports competition for life.

Finding that the violation is not serious, the penal commission may place the violator on probation or issue an admonition or warning to him, instead of imposing a penalty upon him.



Countersigned.
Yingluck Shinawatra,
Prime Minister.



Statement of Grounds

The grounds for promulgation of this Act are as follows: The World Anti-Doping Agency, a nongovernmental organisation whose standards on control of doping in sport are recognised by many international sports organs, has declared the campaigns against doping in sport, with a view to enhancing physical skill together with moral and ethical conscience, to promoting the fair, equal and just sports competitions without using prohibited substances, and to protecting the health and safety of athletes. In order to bring the standards on control of the use of prohibited substances into accordance with the Copenhagen Declaration on Anti-Doping in Sport, as well as to promote sports cooperation with foreign nations, it is therefore necessary to enact this Act.



Footnotes[edit]

  1. Published in the Government Gazette: volume 130/part 2 A/page 10/9 January 2013.




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