In this Act, unless the context indicates otherwise—

"adverse analytical finding"

means a report from a WADA-accredited laboratory that identifies in a sample, the presence of a prohibited substance or its metabolites or markers (including elevated quantities of endogenous substances) or evidence of the use of a prohibited method;

"anti-doping rule violation"

means any one of the following:

"Appeal Board"

means the board established by section 17;

"athlete"

means for purposes of doping control, any person who participates in sport at the international level (as defined by each International Sports Federation) or national level (as defined by the Institute) and any other person who participates in sport at a lower level if designated by the Institute;

"Code"

means the World Anti-Doping Code adopted by the Foundation Board of WADA on 5 March 2003 at Copenhagen, Denmark;¹

"doping"

means the occurrence of one or more of the anti-doping rule violations as set out in this Act;

"doping control"

means the process, including test distribution planning, sample collection and handling, laboratory analysis, results management, hearings and appeals;

"doping control programme"

means the programme described in section 11A;

"doping register"

means a database of information recording relevant details of athletes or other persons found guilty of having committed anti-doping rule violations in terms of this Act;

"Institute"

means the South African Institute for Drug-Free Sport, established by section 2;

"International Olympic Committee"

means the organisation of that name with its headquarters in Lausanne, Switzerland, under the auspices of which the Olympic Games are conducted;

"international sports federation"

means any group of national sports bodies involved in the overseeing and co-ordination of the playing and administration of any particular sport at international level;

"International Standard"

means a standard adopted by WADA in support of the Code. Compliance with an International Standard (as opposed to another alternative standard, practice or procedure) shall be sufficient to conclude that the procedures addressed by the International Standard were performed properly;

"International Standard for Laboratories"

is a mandatory International Standard developed by WADA;

"International Standard for Testing"

is a mandatory International Standard developed by WADA;

"International Standard for Therapeutic Use Exemptions"

is a mandatory International Standard developed by WADA;

"Minister’"

means the Minister of Sport and Recreation;

"National Anti-Doping Organisation (NADO)"

means the entity designated by each country as possessing the primary authority and responsibility to—

at the national level;

‘‘national sports federation’’

means any number of people involved in the overseeing and co-ordination of the playing and administration of any particular sport in any particular country;

"negative analytical finding"

means the finding, on analysis of a sample by a WADA-accredited laboratory, that does not indicate the presence of a prohibited substance or the use of a prohibited method;

‘‘NOCSA’’

[deleted by the South African Institute for Drug-Free Sport Amendment Act, 2006 (Act No. 25 of 2006)];

‘‘notifiable event’’

means any sports competition or event under the auspices of the South African Sports Confederation and Olympic Committee (SASCOC) or any national sports federation anywhere within or outside the Republic, with reference to which doping control is to be carried out, as determined by the Institute;

‘‘NSC’’

[deleted by the South African Institute for Drug-Free Sport Amendment Act, 2006 (Act No. 25 of 2006)];

"person"

means a natural person or an organisation or other entity;

"possession"

means the actual, physical possession or the constructive possession (which shall be found only if the person has exclusive control over the prohibited substance or method or the premises or property in which a prohibited substance or method exists): Provided that, if a person does not have exclusive control over the prohibited substance or method or the premises in which a prohibited substance or method exists, constructive possession shall only be found if such a person knew about the presence of the prohibited substance or method and intended to exercise control over it: Provided further that there shall be no anti-doping rule violation based solely on possession if, prior to receiving notification of any kind that such a person has committed an anti-doping rule violation, the person has taken concrete action demonstrating that the person no longer intends to have possession and has renounced the person's previous possession.

"Prohibited List"

means the list identifying the prohibited substances and prohibited methods, published at least annually by WADA as a mandatory International Standard;

"prohibited method"

means any method so described on the Prohibited List;

"prohibited substance"

means any substance so described on the Prohibited List;

"Promotion of Access to Information Act"

means the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000);

"Public Finance Management Act"

means the Public Finance Management Act, 1999 (Act No. 1 of 1999);

"Register of Notifiable Events"

means a register of sporting competitions or events at which the Institute may perform doping control;

"registered testing pool"

means the pool of top level athletes, established by the Institute, who are subject to both in competition and out of competition testing as part of the Institute's test distribution plan;

"sample"

means a specimen of any biological material collected for the purposes of doping control;

"SASCOC"

means the South African Sports Confederation and Olympic Committee, a non-governmental sports body consisting of the following founding constituent components:

‘‘SISA’’

[deleted by the South African Institute for Drug-Free Sport Amendment Act, 2006 (Act No. 25 of 2006)];

"sports administration body"

means—

"SRSA"

means Sport and Recreation South Africa which is the national department responsible for Sport and Recreation;

"tampering"

means altering for an improper purpose or in an improper way, bringing improper influence to bear or interfering improperly to alter results or prevent normal procedures from occurring;

"testing"

means the parts of the doping control process involving test distribution planning, sample collection, sample handling and sample transport to the laboratory;

"trafficking"

means to sell, give, administer, transport, send, deliver or distribute a prohibited substance or prohibited method to an athlete either directly or through one or more third parties, but excluding the sale or distribution (by medical personnel or by persons other than an Athlete's Support Personnel as contemplated in the Code) of a prohibited substance for genuine and legal therapeutic purposes;

"UNESCO Convention"

means the UNESCO (United Nations Educational, Scientific and Cultural Organisation) International Convention Against Doping in Sport, adopted in Paris on 19 October 2005;

"WADA"

means the World Anti-Doping Agency;

"WADA-accredited laboratory"

means a laboratory accredited by WADA according to the International Standard for Laboratories.

¹ In 2006, the text of the World Anti-Doping Code was accessible on the Internet through the website of the World Anti-Doping Agency (www.wada-ama.org)