The Australian Sports Drug Agency Act: Harm or Benefit in Sport?

This essay critically examines the contentious issue of drug prohibition in sports, specifically evaluating whether such bans achieve more good than harm, with a particular focus on the legal framework established by the Australian Sports Drug Agency Act 1990. The paper delves into the historical context of doping controversies in Australia, the establishment and evolution of the Australian Sports Anti-Doping Authority (ASADA), and the powers conferred upon it. It explores arguments related to athlete safety, the impact on competitiveness, and the limitations of current drug testing methods, including the Athlete Biological Passport program. The essay also discusses the use of stimulants and the economic and social pressures that drive athletes to seek performance enhancement, ultimately assessing the effectiveness and potential unintended consequences of the legal approach to drug use in sports. The paper also examines the objects and functions of the Australian Sports Drug Agency Act 1990, specifically the focus on safety and the debate surrounding the fairness of drug bans and the challenges in achieving a level playing field in sports competition. The essay draws on various viewpoints to provide a comprehensive analysis of the complex issues surrounding drug use in sports and the effectiveness of the current legal approach.

DRUG AND SPORT 1
Banning Drugs does more harm than Good in Sport; Discussion
Name of the Student
Institution
Course
Professor
Date

DRUG AND SPORT 2
Introduction
Australia has a history of doping and drug related controversies in sports1. In Australia, using
drugs for heightened sporting performance is termed as drug abuse2. This makes Australia be at
the forefront in the fight against drugging in all kinds of sporting activities3. The country was
among the pioneers to establish a sports anti-doping agency and is also an affiliate of the World
Anti-Doping Agency (WADA)4. John Fahey, who was re-elected as the President of WADA
between 2010- 2013, is, in fact, an Australian citizen5. The provisions by law regarding this
subject matter (doping) are based on the concerns of competition and health-related issues6. The
community views this kind of drug use as cheating as undermining the public image of sports
1 Stephen Watt, "Drugs In Sport", Australian Academy Of Science; Curious (Webpage,
2015) <https://www.science.org.au/curious/people-medicine/drugs-sport> accessed 22 May
2019.
2 Victoria Wark, 'All For One And One For All ... For How Much Longer?: How Wada
Could Tackle Doping In Professional Team Sport' (2014) 9 Australian and New Zealand Sports
Law Journal
<https://search.informit.com.au/documentSummary;dn=706976325894355;res=IELNZC>
accessed 22 May 2019.
3 Elise Parham, "Australia And The World Anti-Doping Code, 1999–
2008", Wada (Webpage, 2008) <http://A Study Of The Role Of The Australian Government And
Australian Public Service In Drafting And Implementing The World Anti-Doping Code>
accessed 22 May 2019.
4 Australian Government, "Prohibited Substances and Methods | Australian Sports Anti-
Doping Authority - ASADA," Asada.Gov.Au (Webpage, 2019)
<https://www.asada.gov.au/substances/prohibited-substances-and-methods> accessed 22 May
2019.
5 "John Fahey to Remain WADA President until the End Of 2013 (21 November
2010)", World Anti-Doping Agency (Webpage, 2010)
<https://www.wada-ama.org/en/media/news/2010-11/john-fahey-to-remain-wada-president-
until-the-end-of-2013> accessed 22 May 2019.
6 Terry Black, "Does The Ban On Drugs In Sports Improve Societal Welfare?" (1996)
31(4) International Review for the Sociology of Sport. 367-381

DRUG AND SPORT 3
and its value as a driver for health, economic and social good7. This is the reason Australian
ministers and sports officials have taken strong measures on drug use in sport and with zero
tolerance approach. The Senate Drugs in Sports inquiry held in 1989-1990, led to the
establishment of the Australian Sports Drug Agency via the Australian Sports Drug Agency Act
19908. The Agency was later replaced by the Australian Sports Anti-Doping Authority (ASADA)
in 2006. ASADA was given increased powers to conduct investigations, present cases at sporting
tribunals, acclaim sanctions and commend and regulate sporting organizations anti-doping
policies9. ASADA has been given even more power by the Australian Sports Anti-Doping
Authority Amendment Bill 2013 on matters of investigation10. As a result, ASADA can now
compel those believed to be violators of doping rules and regulations to attend a mandatory
interview and provide the sporting tribunal with related documents. Lack of compliance to such
calls result into civil penalties11. All these points go on to highlight the harshness with which the
Australian legal framework deals with drug-enhanced sporting activities. Recently, there are
controversial views that the Australian Sports Drug Agency Act 1990 could be outdated and that
banning of some “legal highs” is unnecessary and with some negative consequences. This
research papers critically examines and discusses whether the prohibition of drugs in sports does
7 Jeff Cisyk, "What’S The Economic Impact of Doping in Sport?” World Economic
Forum (Webpage, 2015) <https://www.weforum.org/agenda/2015/07/whats-the-economic-
impact-of-doping-in-sport/> accessed 22 May 2019.
8 Australian Sports Drug Agency Act 1990
9 Australian Government, "Rule Violation Management Process | Australian Sports Anti-
Doping Authority - ASADA," Asada.Gov.Au (Webpage, 2019)
<https://www.asada.gov.au/rules-and-violations/rule-violation-management-process> accessed
22 May 2019.
10 Kate Lunday, "Important New Anti-Doping Powers for ASADA Pass-through
Parliament | …" Archive.Is (Webpage, 2013)
<https://archive.is/20130629090534/http:/www.katelundy.com.au/2013/06/27/important-new-
anti-doping-powers-for-asada-pass-through-parliament/>accessed 22 May 2019.
11 Samantha Lane, "New Bill Would Bolster Anti-Doping Body", The Sydney Morning
Herald (Webpage, 2013) <https://www.smh.com.au/politics/federal/new-bill-would-bolster-anti-
doping-body-20130206-2dz2s.html>.

DRUG AND SPORT 4
more good than harm in sports with reference to the legal framework established under the
Australian Sports Drug Agency Act 1990.
Background Study
“In most anti-doping cases athletes are convicted through an ‘analytical positive’: the presence of
a banned substance or its metabolites in a sample of the athlete’s body fluid”12.
10 years before the establishment of the Australian Sports Drug Agency Act, in Australia, the
main concern was about the unfettered use of stimulants and anabolic steroids13. The 1990’s
restrictions were that illicit drugs were added to the list of forbidden substances, even though the
ban only confined in-competition use only, not recreational use and out-of-competition use14. In
the 2000s, there were rising demands to make the use of illicit drugs an offense throughout the
year based on the concerns of enhanced sports performance15. Today, the prospect of sports
officials controlling prescription drug use is by telling athletes and their medical advisors what to
do to manage anxiety, over-arousal, and insomnia16. The illicit drugs in sport policy (I.D.S.P.)
was launched as a chain of significant new measures that were thought to take the ban in drug
abuse to another whole new level in the control of enhanced sporting performance17. One of the
perceived harsh provisions of the I.D.S.P. was that ASADA would include drug testing outside
12 David Thorpe, 'The Evidential Gap in the Essendon Doping Case and Its Continuing
Influence on Sport Arbitration' (2019) 10 Australian and New Zealand Sports Law Journal.
1<https://search.informit.com.au/documentSummary;dn=924976402959500;res=IELHSS>
accessed 22 May 2019.
13 The Conversation, "Bitter Pill: Have Drug Bans In Australian Sport Gone Too
Far?", The Conversation (Webpage, 2012) <https://theconversation.com/bitter-pill-have-drug-
bans-in-australian-sport-gone-too-far-8291>. accessed 22 May 2019.
14 Anne Amos, Chris Davies and Saul Fridman, 'Should Athletes Be Tested For
Recreational Drugs? Three Sporting Federations Kick Around The Proverbial Football' (2007) 2
Australian and New Zealand Sports Law Journal,
<http://classic.austlii.edu.au/au/journals/ANZSportsLawJl/2007/3.pdf> accessed 22 May 2019.
15 Ibid (n 14)
16 Jason Mazanov, Managing Drugs In Sport (Routledge, 2017). 4-18
17 Mohammed Al Ghobain, 'The Use Of Performance-Enhancing Substances (Doping) By
Athletes In Saudi Arabia' (2017) 24 Journal of Family and Community Medicine. 151-155

DRUG AND SPORT 5
times of athletic competition18. The consequence of this was that an athlete would be sanctioned
for using an illicit drug at any given time even if outside the period of sporting activities.
According to the policy, having strong measures on drugs in sport was significant in restoring the
status of athletes as positive role models for Australians. Despite the policy not coming in play,
the “tough on drugs in sport” chant is still so much seen.
In the history of sports in the world, the case of United States Anti-Doping Agency v. Lance
Armstrong19 is the flavor of the mouth on matters doping and anti-doping. Lance Armstrong was
an American professional road racing cyclist who was stripped seven Tour de France titles and
got a lifetime ban for participating in the sport, having not contested against the allegations by
USADA to have been using drugs to enhance sporting performance20. The character has been
defined as among the most sophisticated, professional and successful doper the cyclist sport has
ever seen. So the big question is, should athletes be limited to using drugs in sport?
Discussion
Safety
According to Garrie Hutchinson, the safety of athletes is a significant area of concern. It would
be unfortunate to see athletes lose lives out of the use of drugs to enhance competitiveness in
sports21. Nevertheless, the Australian agency on drugs puts so much regard in testing drug rather
18 Australian Government, 'Testing Guide | Australian Sports Anti-Doping Authority -
ASADA' (Asada.gov.au, 2019)
<https://www.asada.gov.au/anti-doping-programmes/testing/testing-guide> accessed 22 May
2019.
19 United States Anti-Doping Agency v. Lance Armstrong (2012)
20 April D. Henning and Paul Dimeo, 'Questions Of Fairness And Anti-Doping In U.S.
Cycling: The Contrasting Experiences Of Professionals And Amateurs' (2015) 22 Drugs:
Education, Prevention and Policy. 400-409
21 Garrie Hutchinson, The Best Australian Sports Writing 2004 (Vision Australia
Information and Library Service, 2005).

DRUG AND SPORT 6
than focusing on health and fitness to compete. Competitiveness in sports is determined by the
capability to distribute oxygen to the muscles22. This means that those with more blood cells are
better placed as they carry more oxygen to muscles. EPO is a natural hormone that arouses the
production of red blood cells raising the hematocrit (H.C.T.) which the percentage of blood with
R.B.C.s23. Other than testing for EPO- the test for H.C.T., there should be a test for the safe level
of H.C.T. While 50 % H.C.T. has been the allowed limit, those who have 60 % natural levels are
better advantages and showed not be barred from competing. Instead, everyone should be
allowed to increase H.C.T. to 60 %24. The most important thing here is the safe level of EPO (or
other hormones) - and not whether that is achieved naturally or artificially. As much as safety is
important, there should be allowed limits of safe drug use and continued monitoring of unsafe
drugs. It is fair to allow honest athletes to use safe drugs to avoid missing the advantage borne by
cheaters. That is why taking EPO to a safe level of 50 % is not regarded as a menace but rather
an allowance for athletes to correct for natural inequality25. The focus should be on drugs such as
the anabolic steroids, not because they enhance performance, but because of their harmful states.
This kind of move would protect the athletes other than bringing harm upon them. Better still,
there would be a more vigorous and regular evaluation of athletes’ health and fitness to perform.
Furthermore, the present incentive is developing untraceable drugs with little or zero regard to
safety. For that reason, if there were safe performance enhancement drugs permissible, there
would be more significant pressure to come up with safe drugs26.
S8 of the Australian Sports Drug Agency Act 1990 contains the objects of the statutes as follows
“(a) to deter the use of drugs or doping methods in sport; and
(aa) to facilitate the safety of participants in sporting competitions; and
22 Erin A McGill, Ian Montel and Scott Lucett, NASM Essentials Of Personal Fitness
Training (Lippincott Williams & Wilkins 2013).
23 Rodney Rhoades and David R Bell, Medical Physiology; Principles For Clinical
Medicine (Wolters Kluwer 2018). 183
24 Hutchinson, The Best Australian Sports Writing 2004
25 Ibid (n. 24)
26 Ibid (n. 24)

DRUG AND SPORT 7
(b) to encourage the development of programs to educate the sporting community
about matters relating to the use of drugs in sport; and
(c) to advocate the international adoption of consistent and effective anti-doping
programs; and
(d) to coordinate the development of a coherent and effective national response to
matters relating to the use of drugs in sport"27.
Safety is one of the highlighted objectives and the Act is seen to regarding athlete’s safety with
great caution. Section 9 (1), stating the functions of the Agency also emphasize on safety from
“(ea) to provide safety checking service
(fa) to collect, analyze, interpret and disseminate information about matters relating
to the use of drugs in sport and the safety of participants in sporting competitions;
(fb) to carry out research relating to the use of drugs in sport and the safety of
participants in sporting competitions;
(g) to advocate and support research in and outside Australia relating to the use of
drugs in sport and the safety of participants in sporting competitions..;”28
It is therefore clear that the legal instruments advocate for safety in the use of drugs not
prohibitions against the same. Hutchinson goes on to say that “sport is the province of the
genetic elite, or freak”29. The best example given as an illustration is Finnish skier Eoro
Maentyranta in who won two gold medals but later found to have a genetic mutation that made
him have 40-50% more red blood cells than the average competitor30. A question arises whether
that was a fair play him having a natural unique and significant advantage over his competitors.
Sometimes, even the legal ways of increasing the number of red blood cells can be dangerous
27 Australian Sports Drug Agency Act 1990
28 Australian Sports Drug Agency Act 1990
29 Ibid (n. 28)
30 'Finnish Skier Eero Mantyranta And His Favourable Genetics | Fitnessgenes®'
(FitnessGenes official website, 2019) <https://fitnessgenes.com/blog/finnish-skier-eero-
mantyranta-and-his-favourable-genetics/> accessed 22 May 2019.

DRUG AND SPORT 8
and fatal31. Altitude training is one of them. It is said to push the H.C.T. to hazardous levels.
There is even another method of hypoxic air machines which fuel altitude training. One thing the
Australian agency in drug use in sports should realize is that there is no difference between
elevating your blood count by altitude training, by using a hypoxic air machine or by taking
EPO. It is only that the last one is illegal. Nonetheless, some athletes are with high H.C.T.s and
advantage by luck. Is this fair?
Competitiveness
Sporting contests are now more unfair tussles between drug users and non-users32. Since only
athletes abide by the rules, the drug bans benefits drug users33. The minority of athletes who
continue to use drugs gain a significant unfair advantage over non-users34. Since there are only
some athletes who abide by the rules, the drug ban benefits drug users. The establishment of fair
competition is almost impossible. It requires drug testing procedures that are so comprehensive
and extremely reliable that the sporting officials can provide a 100% guarantee that no contestant
is on drugs. Even though that is what many would want the situation to be like, it is not likely
that there can be perfect devices to achieve this35.
Athlete Biological Passport (ABP)
The ABP program is an automated program that records several blood samples taken from an
athlete over some time. According to ASADA, ABP program allowed for sports officials to
create profiles that would help monitor changes in athletes blood composition and therefore
helpful in detecting and tracking athletes who increased the number of their red blood cells
through illegal transfusion or by use of erythropoietin (EPO)36. There were further provisions
that included sections on "sleep and relaxation strategies", which advised that breathing, muscle
31 Hutchinson, The Best Australian Sports Writing 2004
32 Ulrich Haas and Deborah Healey, Doping In Sport And The Law (Hart Publishing 2017).
33 Paul Jonson and others, Sports Law (3rd edn, Oxford University Press Australia 2017).
385-506
34 George H Sage and D. Stanley Eitzen, Sociology Of North American Sport (Paradigm
Publishers 2013). 154
35 Terry Black, "Does The Ban On Drugs In Sports Improve Societal Welfare?"

DRUG AND SPORT 9
relaxation, and staying calm would repudiate the need for sleep inducing drugs. The restrictions
were put up in a move to ensure that athletes did not fall into a vicious cycle of dependence to
stimulants and sedatives. The Australian story of Grant Hackett who confessed an addiction to
Stilnox in a competition period at the Beijing Olympics led to A.O.C. stating that sleeping pills
were endangering the health of the athletes and would therefore not be tolerated37.
Stimulants
These are drugs affecting the central nervous system38. Stimulants speed up parts of the brain and
body, lead to increased heart rate, increased blood pressure, metabolism and body temperature of
the user. Athletes use drugs to reduce tiredness and fatigue and to increase alertness,
competitiveness, and aggressiveness. Most common stimulants are "amphetamines, cocaine,
ecstasy, and methylphenidate (Ritalin)". When they are injected, the results are even more rapid
than when taken orally. Nicotine and Caffeine, however, are stimulants too but are not banned in
sports. What stimulants do is disadvantaging the other competitors. Many athletes in modern
professional sport will do anything to win and receive any accolade like gold or a trophy high as
the flag is raised and their national anthem played. But only a few gifted ones win and also a few
drug cheats. The desire to win is always motivated by economic enticements like prizes and large
funding deals, socio pressures like national gold medal anticipations, ensures there is a
continuous market for drugs that increase performance such as stimulants. Sports should always
be a fair play. For that reason, banning of harmful stimulants increase chances for fair play39.
Ban on Sleeping Pills
36 Marjolaine Viret, Evidence In Anti-Doping At The Intersection Of Science & Law
(T.M.C. Asser Press 2016).
37 Olivier Rabin and Yannis Pitsiladis, Acute Topics In Anti-Doping (Karger Publishers
2017).
38 Sports Medicine Australia, Sports Medicine For Sports Trainers (Elsevier Australia
2006).
39 Ibid (n.38)

DRUG AND SPORT 10
The Australian Olympic committee (A.O.C.) came up with measures against athletes in Olympic
who used pills that are said to enhance sleep40. The pills are sedative-based and include Stilnox,
Rohypnol and Mogadon. That would come with warning against the consequences of using such
drugs.
Consequences of Doping (Positive Test)
The A.S.D.A. Act prevents the finding of positive test results even when the competitor agrees to
have taken drugs if the correct procedures are not followed.
“... The procedures are strict but not difficult to follow for those involved in sport. If they are not
followed the competitor who has, in fact, taken drugs may go free”.41
This can be seen in the case of Vinnicombe v Australian Sports Drug Testing Agency42. It was
determined that since the positive test result showing Vinnicombe had taken stanozolol, the
procedures did not comply with the guidelines of the Commonwealth Regulations for A.S.D.A.
testing. It did not matter that Vinnicombe had admitted to having been taking the drugs in
support of the test results. The two-year suspension sanction was therefore declared invalid. This
is a promising ruling in matters drug abuse showing that the bans must be effected only after the
strict procedures set by law have been followed. That way, there is less likely that the harm that
results from the sanctions will be unfair to the athletes. In this case, therefore, there is a more
positive outcome than harm. Drug manufacturers who are behind doping have devised better
technology to come up with undetectable drugs43. So instead of the sporting drug bans bringing
fairness in the game, there is, in fact, more unfair contests between the honest athletes and the
dopers. There is no assurance even to the most resilient drug ban supporter that the sporting
officials have eradicated this firm of unfairness.
40 'A.O.C. Bans Athletes from Taking Sleeping Medication from Time of Selection'
(A.B.C. News, 2015) <https://www.abc.net.au/news/2015-08-28/aussies-athletes-banned-from-
sleeping-pills/6733600> accessed 22 May 2019.
41 Unreported, Federal Court decision, N.S.W. District Registry, No. G0065 of 1992;
discussed in Tim Gaspar, ‘Vinnicombe: Back on the Road', A.N.Z.S.L.A. Newsletter, vol.2,
no.2, 1992, pp.7-8.
42 Vinnicombe v Australian Sports Drug Testing Agency (1988)
43 Letizia Paoli and Alessandro Donati, The Sports Doping Market (Springer 2014).

DRUG AND SPORT 11
Sometimes even the methods that are already there are not sufficient enough as seen in the case
of Foschi v FINA44. In the case, the plaintiff could not explain how banned substance
(mesterolone metabolite) got into her blood system. The pill is dissolvable, tasteless, and has no
smell. Despite medical evidence showing no evidence of present or past use, C.A.S. Panel held
that this was an offense of strict liability; thus the offense was proved. The plaintiff (Foschi) was
therefore punished for something that she did not know what the root cause was. She only had
mitigating factors relevant to her penalty. The reasoning behind the ruling was that it was in
fairness to all competitors, and for her health and wellbeing relevancy. Even though the panel
was considerate enough to reduce the ban to 6 months from 2 years by understanding the
plaintiff was truthful, lacked performance enhancing ability and the age factor (only 13 years
old), the best sentence was letting her go without sanctions. This is because it is not right to
sentence someone when the evidence is not enough. Even though civil cases do not require
absolute proof, the preponderance of the evidence, in this case, was not achieved to have the
innocent girl get a 6 months ban, This was so despite the aforementioned medical test showing
no proof at all of present or past use. Another case is that one of Baxter v I.O.C45 where the
Baxter (a British athlete) used over-the-counter Vicks inhaler all the time at home. Unknowingly,
the U.S. preparation had banned stimulants as one of the constituents. The athlete was still held
culpable and consequently ripped off his Olympic bronze medal because he had breached rules.
There is also another case of Raducan v I.O.C. involving a young 16 year old minor who had a
gold medal earned at Sydney Olympics forfeited after being found to have pseudoephedrine in
the blood system which was as a result of her taking cold tablets containing pseudoephedrine as
one of the components46. In this type of cases, some athletes would have natural changes within
their bodies, but out of lack of evidence, the court decides to punish them for strict liability. Is
this bringing more harm or good in the sporting world? The answer to that is no.
44 FOSCHI BY FOSCHI v. United States Swimming, Inc., (1996) 916 F. Supp. 232
(E.D.N.Y.)
45 . Baxter v IOC CAS 2002/A/376
46 'Raducan V I.O.C. - 5RB (2000)' (5RB, 2019) <https://www.5rb.com/case/raducan-v-
ioc/> accessed 22 May 2019.

DRUG AND SPORT 12
Conclusion
There is a need for a complete refurbishment of the drug control rules Australian sport. Despite
the good reasons behind the regulation of substances that enhance performance on in sports, the
justifications attached to drug use in sports (including on matters of strict liability) are certainly
less convincing. In this case, it would be better if there were advice and support provided and
guiding athletes along with less hazardous substance- use paths. Worse still, the current
guidelines bare athletes from seeking cretin kinds of treatment for fear of breach of rules as seen
in the case of Raducan v I.O.C. This is an issue of human rights that require serious address as it
is a fundamental freedom to seek treatment for a condition in the body through medication in a
way that makes the life of an athlete more manageable, without coercive sanctions hanging over
them. As it is now proved that banning drugs does more harm than good in Sport within
Australian boundaries, it is important to set up a proper balance between the preservation of
sport’s repute, the veracity of the competition, its appeal to the fans and the rights of the
performers (competitors).

DRUG AND SPORT 13
Bibliography
Books/ Articles/ Reports
'A.O.C. Bans Athletes From Taking Sleeping Medication From Time Of Selection' (A.B.C.
News, 2015) <https://www.abc.net.au/news/2015-08-28/aussies-athletes-banned-from-
sleeping-pills/6733600> accessed 22 May 2019
Al Ghobain M, 'The Use Of Performance-Enhancing Substances (Doping) By Athletes In
Saudi Arabia' (2017) 24 Journal of Family and Community Medicine
Anne Amos, Chris Davies and Saul Fridman, 'Should Athletes Be Tested For Recreational
Drugs? Three Sporting Federations Kick around the Proverbial Football' (2007) 2 Australian
and New Zealand Sports Law Journal,
<http://classic.austlii.edu.au/au/journals/ANZSportsLawJl/2007/3.pdf> accessed 22 May
2019.
Australian Government, 'Prohibited Substances And Methods | Australian Sports Anti-
Doping Authority - ASADA' (Asada.gov.au, 2019)
<https://www.asada.gov.au/substances/prohibited-substances-and-methods> accessed 22
May 2019
Australian Government, 'Rule Violation Management Process | Australian Sports Anti-
Doping Authority - ASADA' (Asada.gov.au, 2019) <https://www.asada.gov.au/rules-and-
violations/rule-violation-management-process> accessed 22 May 2019
Australian Government, 'Testing Guide | Australian Sports Anti-Doping Authority - ASADA'
(Asada.gov.au, 2019) <https://www.asada.gov.au/anti-doping-programmes/testing/testing-
guide> accessed 22 May 2019
Black T, 'Does The Ban On Drugs In Sport Improve Societal Welfare?' (1996) 31
International Review for the Sociology of Sport
Cisyk J, 'What’S The Economic Impact of Doping in Sport?' (World Economic Forum, 2015)
<https://www.weforum.org/agenda/2015/07/whats-the-economic-impact-of-doping-in-
sport/> accessed 22 May 2019
'Finnish Skier Eero Mantyranta And His Favourable Genetics | Fitnessgenes®' (FitnessGenes
official website, 2019) <https://fitnessgenes.com/blog/finnish-skier-eero-mantyranta-and-his-
favourable-genetics/> accessed 22 May 2019
Haas UD Healey, Doping In Sport And The Law (Hart Publishing 2017)
Henning AP Dimeo, 'Questions Of Fairness And Anti-Doping In U.S. Cycling: The
Contrasting Experiences Of Professionals And Amateurs' (2015) 22 Drugs: Education,
Prevention and Policy
Hutchinson G, The Best Australian Sports Writing 2004 (Vision Australia Information and
Library Service 2005)

DRUG AND SPORT 14
'John Fahey To Remain WADA President Until The End Of 2013 (21 November 2010)'
(World Anti-Doping Agency, 2010)
<https://www.wada-ama.org/en/media/news/2010-11/john-fahey-to-remain-wada-president-
until-the-end-of-2013> accessed 22 May 2019
Jonson P and others, Sports Law (3rd edn, Oxford University Press Australia 2017)
Lane S, 'New Bill Would Bolster Anti-Doping Body' (The Sydney Morning Herald, 2013)
<https://www.smh.com.au/politics/federal/new-bill-would-bolster-anti-doping-body-
20130206-2dz2s.html> accessed 22 May 2019
Lunday K, 'Important New Anti-Doping Powers For ASADA Pass Through Parliament | …'
(archive.is, 2013)
<https://archive.is/20130629090534/http:/www.katelundy.com.au/2013/06/27/important-
new-anti-doping-powers-for-asada-pass-through-parliament/> accessed 22 May 2019
Mazanov J, Managing Drugs In Sport (Routledge 2017)
McGill E, I MontelS Lucett, NASM Essentials Of Personal Fitness Training (Lippincott
Williams & Wilkins 2013)
Paoli LA Donati, The Sports Doping Market (Springer 2014)
Parham E, 'Australia And The World Anti-Doping Code, 1999–2008' (wada, 2008) <http://A
Study Of The Role Of The Australian Government And Australian Public Service In
Drafting And Implementing The World Anti-Doping Code> accessed 22 May 2019
Rabin OY Pitsiladis, Acute Topics In Anti-Doping (Karger Publishers 2017)
Rhoades RD Bell, Medical Physiology; Principles For Clinical Medicine (Wolters Kluwer
2018)
Sage GD Eitzen, Sociology Of North American Sport (Paradigm Publishers 2013)
Sports Medicine Australia, Sports Medicine For Sports Trainers (Elsevier Australia 2006)
The Conversation, 'Bitter Pill: Have Drug Bans In Australian Sport Gone Too Far?' (The
Conversation, 2012) <https://theconversation.com/bitter-pill-have-drug-bans-in-australian-
sport-gone-too-far-8291> accessed 22 May 2019
Thorpe D, 'The Evidential Gap In The Essendon Doping Case And Its Continuing Influence
On Sport Arbitration' (2019) 10 Australian and New Zealand Sports Law Journal
<https://search.informit.com.au/documentSummary;dn=924976402959500;res=IELHSS>
accessed 22 May 2019
Viret M, Evidence In Anti-Doping At The Intersection Of Science & Law (T.M.C. Asser
Press 2016)

DRUG AND SPORT 15
Wark V, 'All For One And One For All ... For How Much Longer?: How Wada Could Tackle
Doping In Professional Team Sport' (2014) 9 Australian and New Zealand Sports Law
Journal
<https://search.informit.com.au/documentSummary;dn=706976325894355;res=IELNZC>
accessed 22 May 2019
Watt S, 'Drugs In Sport' (Australian Academy of Science; Curious, 2015)
<https://www.science.org.au/curious/people-medicine/drugs-sport> accessed 22 May 2019
Cases
Baxter v IOC CAS 2002/A/376
FOSCHI BY FOSCHI v. United States Swimming, Inc., (1996) 916 F. Supp. 232 (E.D.N.Y.)
'Raducan V I.O.C. - 5RB (2000)' (5RB, 2019) <https://www.5rb.com/case/raducan-v-ioc/>
accessed 22 May 2019.
Vinnicombe v Australian Sports Drug Testing Agency (1988)
Legislation
Australian Sports Drug Agency Act (1990)