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As enacted

Act of Parliament

Convention against Doping in Sport (Amendment) Act 2025

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

Official translationFrom Department of Government Printing, unchanged

s 1Short title

This Act may be cited as the Convention against

Doping in Sport (Amendment) Act, No. 21 of 2025.

s 2Amendment of section 2 of Act, No. 33 of 2013

Section 2 of the Convention against Doping in Sport

Act, No. 33 of 2013 (in this Act referred to as the ‟principal enactment”) is hereby amended in paragraph (e) of that section, by the substitution for the words “Sri Lanka or abroad.”, of the words “Sri Lanka.”.

s 3Repeal of Part I of the principal enactment

Part I of the principal enactment is hereby repealed.

s 4Amendment of section 5 of the principal enactment

Section 5 of the principal enactment is hereby amended as follows: -

(1)

by the repeal of subsection (1) of that section and the substitution therefor, of the following subsection: -

“(1) A Therapeutic Use Exemption

(in this Act referred to as a “TUE”) may be granted to an athlete with a medical condition, permitting the use of a prohibited substance or prohibited method by the athlete when participating at any sports event, only if the conditions set forth in the rules are satisfied.”; and

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(2)

in subsection (2) of that section, by the substitution for the words “an application not less than thirty days”, of the words “an application as soon as possible, and for substances prohibited in-competition only, not less than thirty days”

and for the word “should”, of the word “shall”.

s 5Amendment of section 6 of the principal enactment

Section 6 of the principal enactment is hereby amended by the repeal of subsections (2), (3), (4) and (5) of that section and the substitution therefor, of the following subsections:-

“(2) (a) The TUE Committee shall consist of not less than three members who shall be persons having experience in clinical, sports and exercise medicine.

One of the said members shall be a representative of the Consultant in Sports Medicine of the Ministry of the Minister assigned the subject of Health.

(b)

The members shall, at the point of being appointed, disclose any conflict of interest which may exist. The Sri Lanka Anti-Doping Agency established under section 10, shall thereupon take steps to appoint another person in place of such member.

(3)

Upon receipt of an application for review under subsection (1), the TUE Committee shall consider such application along with the evidence and documents in support of the TUE and make a decision either granting or refusing the grant of the TUE requested by the athlete.

(4)

In arriving at its decision, the TUE

Committee shall follow the provisions in the

International

Standard for

Therapeutic

Use

Exemptions as provided in the rules.

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(5)

The TUE Committee shall communicate its decision to the Sri Lanka Anti-Doping Agency assigning reasons for such decision.”.

s 6Replacement of section 7 of the principal enactment

Section 7 of the principal enactment is hereby repealed and the following section is substituted therefor: -

7. (1) The Sri Lanka Anti-Doping Agency shall forthwith communicate the decision of the TUE Committee to the athlete.

(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.

(3)

Any person aggrieved by the decision of the TUE Committee under section 6 may prefer an appeal to the Appeal Panel appointed under section 26.”.

7.

7. Section 8 of the principal enactment is hereby repealed and the following section is substituted therefor: -

s 8Replacement of section 8 of the principal enactment

A TUE granted in accordance with the provisions of this Part shall not be applicable, where -

(a)

the athlete does not comply with the requirements or conditions subject to which the TUE has been granted;

(b)

the period for which the TUE was granted has expired; or

“TUE to set out relevant conditions.

“Validity of a

TUE.

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(c)

the decision of the TUE Committee is reversed as per the rules.”.

s 8Amendment of section 12 of the principal enactment

Section 12 of the principal enactment is hereby amended by the repeal of paragraph (b) of that section and the substitution therefor, of the following paragraph: -

“(b) to take measures against anti-doping rule violations;”.

s 9Insertion of a new heading in the principal enactment

The following new heading is hereby inserted immediately above section 13 of the principal enactment: -

“PART IIIa

Constitution of the Board of Governors”.

s 10Amendment of section 13 of the principal enactment

Section 13 of the principal enactment is hereby amended as follows:-

(1)

by the repeal of subsection (1) of that section and the substitution therefor, of the following subsection: -

“(1) The oversight of the affairs of the

Agency shall be vested in a Board of Governors

(in this Act referred to as the “Board”).”;

(2)

in subsection (2) of that section, by the substitution for the word “administering”, of the word “overseeing”;

and

(3)

by the repeal of the marginal note to that section and the substitution therefor, of the following marginal note: -

“Oversight of the Agency to be vested in the Board.”.

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s 11Amendment of section 14 of the principal enactment

Section 14 of the principal enactment is hereby amended by the repeal of subsections (1) and (2) of that section and the substitution therefor, of the following subsections: -

“(1) The Board shall consist of the following: -

(a)

ex-officio members, namely-

(i)

an officer not below the rank of

Senior Assistant Secretary of the

Ministry of the Minister assigned the subject of Sports, nominated by the Secretary of such Ministry;

(ii)

the Director-General of Health

Services or his nominee;

(iii)

the

Director-General of the

National

Institute of

Sports

Medicine;

(iv)

an officer not below the rank of

Deputy Solicitor General of the

Attorney-General’s Department, nominated by the Attorney-General; and

(v)

an officer not below the rank of

Senior Assistant Secretary of the

Ministry of the Minister assigned the subject of Finance, nominated by the Secretary of such Ministry;

and

(b)

two members distinguished in the field of law, medicine or sports science having a minimum of fifteen years of experience, appointed by the Minister (in this

Act referred to as the “appointed members”).

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(2)

The Minister shall appoint one of the appointed members as the Chairman of the Board on the recommendation of the majority decision of the ex-officio members of the Board. The Chairman so appointed shall hold office for a term of three years and shall be eligible for reappointment.”.

s 12Repeal of section 15 of the principal enactment

Section 15 of the principal enactment is hereby repealed.

s 13Repeal of section 16 of the principal enactment

Section 16 of the principal enactment is hereby repealed.

s 14Amendment of section 17 of the principal enactment

Section 17 of the principal enactment is hereby amended in subsection (2) of that section, by the substitution for the words “The Minister may if he considers it expedient to do so, remove,”, of the words “If the majority of the members of the Board considers it expedient to do so, the

Board may remove,”.

s 15Amendment of section 18 of the principal enactment

Section 18 of the principal enactment is hereby amended as follows:-

(1)

in subsection (4) of that section, by the substitution for the word “four”, of the word

“three”;

(2)

in subsection (5) of that section, by the substitution for the words “with the approval of the Minister,”, of the words “with the approval of the majority of the members of the Board,”;

and

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(3)

by the repeal of subsection (6) of that section and the substitution therefor, of the following subsection: -

“(6) Subject to the provisions of this Act, rules may be made, regulating the procedure to be followed with regard to the conduct of the meetings of the Board and transaction of business at such meetings.”.

s 16Repeal of section 19 of the principal enactment

Section 19 of the principal enactment is hereby repealed.

s 17Repeal of section 20 of the principal enactment

Section 20 of the principal enactment is hereby repealed.

s 18Amendment of section 22 of the principal enactment

Section 22 of the principal enactment is hereby amended as follows:-

(1)

in subsection (1) of that section, by the substitution for the words “in the field of medicine or sports medicine”, of the words “in the field of medicine, law, sports administration or sports science”; and

(2)

by the repeal of subsection (2) of that section and the substitution therefor, of the following subsection: -

“(2)

The

Director-General shall exercise, perform and discharge such powers, duties and functions as may be assigned to the

Director-General under the provisions of

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this Act and in accordance with the rules and regulations made thereunder.”.

s 19Insertion of a new heading in the principal enactment

The following new heading is hereby inserted immediately above section 23 of the principal enactment: -

“PART IIIb

Establishment of Committees and Panels to conduct hearings of Anti-Doping Rule Violations”.

s 20Amendment of section 23 of the principal enactment

Section 23 of the principal enactment is hereby amended as follows:-

(1)

in subsection (1) of that section-

(a)

in paragraph (e) of that subsection, by the substitution for the words “Where a member of

Committee or Panel”, of the words and figures

“Where a member of a Committee or Panel other than the Anti-Doping Appeal Panel appointed under section 26,”;

(b)

in paragraph (i) of that subsection, by the substitution for the words “The Athlete or a member of his entourage, Agency, the

International Federation, the National Sports

Association and WADA”, of the words “The athlete or athlete support personnel, the

Agency, the International Federation, the

National Association of Sports and the World

Anti-Doping Agency (WADA)”;

(c)

in paragraph (j) of that subsection, by the substitution for the words “The Athlete or a

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member of his entourage”, of the words “The athlete or athlete support personnel” and for the words “The Athlete or related person”, of the words “The athlete or athlete support personnel”;

(d)

in paragraph (m) of that subsection, by the substitution for the words “the Athlete or

Person concerned.”, of the words “the athlete or athlete support personnel.”; and

(e)

in paragraph (n) of that subsection, by the substitution for the words “the Athlete or a member of his entourage, Agency, the International Federation, the National

Association of Sports and WADA”, of the words “the athlete or other Person, the

Agency, the International Federation, the

National Association of Sports and the World

Anti-Doping Agency (WADA)”;

(2)

by the repeal of subsection (2) of that section and the substitution therefor, of the following subsection: -

“(2) The Board shall appoint a pool of members, who shall constitute the first instance hearing body to be called the “Sri Lanka

Anti-Doping Disciplinary Panel” (in this Act referred to as the “Disciplinary Panel”). Such pool shall consist of-

(a)

two persons from among lawyers who have more than five years’ experience in court appearances;

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(b)

three persons from among medical practitioners who have more than five years’ experience in the field of sports medicine; and

(c)

three persons who shall have previous experience in sports administration.”;

and

(3)

by the addition immediately after subsection (2)

of that section, of the following new subsections which shall have effect as subsections (3), (4) and (5) of that section: -

“(3) The Minister shall appoint one of the members specified in subsection (2) as the

Chairman of the Disciplinary Panel.

(4)

The Chairman shall appoint the other members of a Disciplinary Panel which shall not exceed three members including the Chair-man.

(5)

The Board may pay the Chairman and the other members of the Disciplinary Panel such remuneration or allowance as may be de-cided by the Board with the concurrence of the

Minister assigned the subject of Finance.”.

s 21Replacement of PART IV of the principal enactment

PART IV of the principal enactment is hereby repealed and the following PART is substituted therefor: -

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“PART IV

Disciplinary procedure and appeals procedure in relation to Anti-Doping

Rule Violations

24.

rule

On fulfilling the pre-adjudication procedures established under the rules, the

Agency, on being satisfied based on evidential information, may assert that an athlete or other

Person has committed an anti-doping rule violation set out in the rules.

25.

Agency

(1)

The Agency shall notify in writing any assertion made under section 24 to the relevant athlete or other Person. The Agency shall also inform the respective foreign national anti-doping body when applicable, the International Federation, the National

Association of Sports and the World Anti-Doping Agency (WADA).

(2)

Where the Agency makes such an assertion and the athlete or other Person does not waive the right to a hearing within the time provided to do so under the rules, the Agency shall notify the Disciplinary Panel appointed under section 23 and request that a hearing be conducted in accordance with the guidelines specified under the rules.

(3)

The Agency shall forward to the

Disciplinary Panel all documentation relevant to the anti-doping rule violation available to them.

(4)

The Disciplinary Panel shall, after considering all documents and evidence, make a decision and communicate such decision to the Agency and to the athlete or athlete support personnel.

Situation of an anti-doping violation.

Steps to be taken if the asserts an anti-doping rule violation.

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(5)

The athlete or other Person who is alleged to have committed the anti-doping rule violation asserted under subsection (1), may appeal to the Appeal Panel appointed under section 26.

26.

Panel

(1)

The Minister shall appoint a pool of six members who have distinguished themselves in the field of law or medicine, to constitute the Anti-Doping Appeal Panel (in this Act referred to as the “Appeal Panel”).

The Appeal Panel shall have the possibility, where necessary, to co-opt as a member to the panel any person who possesses the required knowledge and expertise in the relevant field related to a particular matter.

(2)

The Appeal Panel shall hear and determine any appeal made to it in accordance with the rules.

26a. An appeal to the Appeal Panel from a decision of the TUE Committee shall be made within such period and in such manner as provided for by rules.

26b.

of the

(1)

Where a decision of the Disciplinary

Pannel under section 25 does not involve an

International Level Athlete or International

Event, the parties specified by the rules shall have a right to appeal against such decision to the Appeal Panel.

Panel or Non

(2)

Where no other party has appealed against a decision of the Disciplinary Panel under subsection (1), the World Anti-Doping

Appeals from the decision of the TUE

Commitee.

Appeals from the decision

Disciplinary involving a

National

Level Athlete

International

Appointment of an Appeal

Event.

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Appeals from the decision

Disciplinary involving an

International

Level Athlete or International

Appeals from the decision of the Appeal

Agency (WADA) may appeal directly to the Court of Arbitration for Sport without preferring an appeal to the Appeal Panel in respect of such decision.

(3)

(a) An appeal to the Appeal Panel under subsection (1) shall be made in accordance with the rules.

(b)

An appeal to the Appeal Panel by the

World Anti-Doping Agency (WADA) shall be made within the time period specified by the rules.

26c.

of the

Where a decision of the Disciplinary

Panel under section 25 involves an International

Level Athlete or International Event, the parties specified by the rules shall have a right to appeal against such decision directly to the

Court of Arbitration for Sport.

26d.

Panel Event

(1)

The decisions of the Appeal

Panel shall only be appealed to the Court of Arbitration for Sport in relation to the circumstances and by the parties permitted by the World Anti-Doping Code and International

Standard for Results Management, as provided in the rules made under section 33.

Panel.

(2)

It shall be the duty of the Agency to provide the relevant information to any party referred to in subsection (1) if the Court of

Arbitration for Sport so directs.

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27. Where any athlete has been found to have acted in contravention of the rules, such athlete may be punished in terms of the applicable provisions of the rules.”.

s 22Amendment of section 28 of the principal enactment

Section 28 of the principal enactment is hereby amended in paragraph (c) of subsection (2) of that section, by the substitution for the words “whether in or outside Sri

Lanka.” of the following: -

“whether in or outside Sri Lanka:

Provided however, the Agency shall obtain prior written approval of the Department of

External Resources in respect of all foreign donations, gifts or grants.”.

s 23Insertion of new sections 31a and 31b in the principal enactment

The following new sections are hereby inserted immediately after section 31 of the principal enactment and shall have effect as sections 31a and 31b of that enactment: -

31a. The Agency shall be deemed to be a Scheduled Institution, within the meaning of the Anti-Corruption Act, No. 9 of 2023, and the provisions of that Act shall be construed accordingly.

31b. All members, officers and other employees of the Agency shall be deemed to be public servants within the meaning, and for the purposes, of the Penal Code (Chapter 19).”.

“Agency deemed to be a Scheduled

Institution within the meaning of the Anti-Corruption

Act.

Consequences of an adverse decision by the

Appeal Panel.

Members, officers and other employees of the Agency deemed to be public servants.

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s 24Amendment of section 33 of the principal enactment

Section 33 of the principal enactment is hereby amended by the repeal of subsection (1) of that section and the substitution therefor, of the following subsection: -

“(1) The Agency shall make rules to implement the applicable provisions of the World Anti-Doping

Code within its powers, duties and functions.”.

s 25Amendment of section 34 of the principal enactment

Section 34 of the principal enactment is hereby amended in subsection (3) of that section, by the substitution for the words “not later than sixty days”, of the words “not later than ninety days”.

s 26Amendment of section 36 of the principal enactment

Section 36 of the principal enactment is hereby amended as follows: -

(1)

by the insertion immediately after the definition of the expression “athlete”, of the following new definition: -

““athlete support personnel” means any coach, trainer, manager, agent, team staff, official, medical or paramedical personnel, parent or any other person working with, treating or assisting an athlete participating in or preparing for sports competition;”;

(2)

by the repeal of the definition of the expression

“CAS”;

(3)

by the repeal of the definition of the expression

“Code”;

(4)

by the insertion immediately after the definition of the expression “competition”, of the following new definition:-

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““Court of Arbitration for Sport” means the

Court of Arbitration for Sport estab-lished by the International Olympic

Committee;”;

(5)

by the repeal of the definition of the expression

“in-competition testing” and the substitution therefor, of the following definitions: -

““in-competition”

means the period commencing at 11:59 p.m. on the day before a competition in which the athlete is scheduled to participate through the end of such competition and the sample collection process related to such competition;

“information” includes data, text, images, sounds, codes, databases or microfilm;

“International Level Athlete” means an athlete who competes in sport at the international level, as defined by each

International Federation consistent with the International Standard for

Testing and Investigations;

“Person” means a natural person or an organization or other entity;”;

(6)

by the repeal of the definition of the expression

“sports organization”;

(7)

by the repeal of the definitions of the expressions

“Therapeutic Use Exemption (TUE)” and “use”

and the substitution therefor, of the following definitions, respectively: -

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““Therapeutic Use Exemption (TUE)”, in relation to PART II of this Act, means an exemption granted to an athlete with a medical condition, in accordance with the World Anti-Doping Code and the

International Standard for Therapeutic

Use Exemptions as set out in the rules made under section 33;

“use” means the utilization, application, ingestion, injection or consumption by any means whatsoever of any prohibited substance or prohibited method;”; and

(8)

by the addition immediately after the definition of the expression “World Anti-Doping Agency

(WADA)”, of the following new definition: -

““World Anti-Doping 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.”.

s 27Transitional Provisions

Notwithstanding the provisions of this Act, all suits, prosecutions, actions, proceedings, matters or things which have been instituted in, and are pending before the

High Court of Sri Lanka holden in Colombo or the High

Court of the Province established under Article 154P of the

Constitution for the Western Province holden in Colombo on the day immediately preceding the date of commencement of this Act shall be heard under the provisions of the Act under which such was instituted and be concluded by such Court.

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s 28Sinhala text to prevail in case of inconsistency

In the event of any inconsistency between the

Sinhala and Tamil texts of this Act, the Sinhala text shall prevail.

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