Date of this Version
978 0 9756071-5-2
This paper will examine the origins of the use of drugs in sport, dating back to ancient times through to modern evidence in the broader context of recreational and performance enhancing drug use. It will also consider the rights of the athlete involved in an anti-doping offence and examine whether the protection of the legitimate interests of the sport is still sufficient to justify the imposition of the strict liability principles applicable today. One perspective that requires further examination is whether the ‘one rule fits all’ approach to the application of the sanctions under the WADA Code is reasonable or whether they could amount to a restraint of trade in certain cases, either at common law or in contravention of provisions of the Australian Trade Practices Act 1974 (Cth) (TPA).