Australian Sports Drug Agency Amendment Regulations 2000 (No. 2) (Cth)

Australian Sports Drug Agency Amendment Regulations 2000 (No. 2)1

Statutory Rules 2000 No. 2532

I, WILLIAM PATRICK DEANE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Australian Sports Drug Agency Act 1990.

Dated 8 September 2000

WILLIAM DEANE

Governor-General

By His Excellency’s Command

jackie kelly

Minister for Sport and Tourism

1Name of Regulations

 These Regulations are the Australian Sports Drug Agency Amendment Regulations 2000 (No. 2).

2Commencement

 These Regulations commence on gazettal.

3Amendment of Australian Sports Drug Agency Regulations 1999

Schedule 1 amends the Australian Sports Drug Agency Regulations 1999.

Schedule 1Amendments

Do not delete: Schedule Part placeholder

(regulation 3)

[1]Reader’s Guide, Overview of the drug testing legislative scheme, paragraph 2

substitute

The Regulations set out some of the important details of drug testing schemes called Scheme A and Scheme B in accordance with Part 3 of the Act. Schemes A and B apply to all competitors, within the meaning of the Act. There is scope in the Act for other drug testing schemes (which may apply to competitors in particular sports, for example) to be formulated in the future.

[2]Reader’s Guide, Overview of the drug testing legislative scheme, paragraph 5

substitute

Section 17G of the Act provides that a drug testing scheme may empower the Agency to make orders, to be known as drug testing orders.

1. Regulation 7 provides that the Agency may make orders about any matter for which Scheme A may or must provide:

    see the Australian Sports Drug Agency Drug Testing (Scheme A) Orders 1999. 

Regulation 7B provides that the Agency may make orders about any matter for which Scheme B may or must provide: see the Australian Sports Drug Agency Drug Testing (Scheme B) Orders 2000.

[3]Regulation 3, definition of Agency representative

substitute

Agency representative means:

1. (a)

   a drug control official; or

2. (b)

   a chaperone; or

3. (c)

   a phlebotomist.

[4]Regulation 3, definition of Part A

substitute

Part A,of a sample given by a competitor, has, subject to regulation 63A, the meaning given by the Scheme A Orders.

[5]Regulation 3, after definition of personal interest

insert

phlebotomist means a person approved by the Agency as a phlebotomist under regulation 9A.

[6]Regulation 3, after definition of Scheme A Orders

insert

Scheme B means the drug testing scheme mentioned in regulation 7A.

Scheme B Orders means the orders made for Scheme B, as in force from time to time.

[7]After regulation 7

insert

7AScheme B

1. (1)

   There is to be a drug testing scheme called Scheme B.

2. (2)

   Scheme B applies to all competitors.

3. (3)

   Scheme B consists of the requirements of this Part, Part 3 and any orders made under regulation 7B.

7BDrug testing orders for Scheme B

 The Agency may make drug testing orders for Scheme B with respect to any matter for which Scheme B may or must provide.

[8]After regulation 9

insert

9APhlebotomists

 The Agency may approve a person as a phlebotomist for Scheme B if the Agency is satisfied on reasonable grounds that the person is qualified to perform the blood collection procedure under Scheme B.

[9]Subregulation 10 (4)

substitute

1. (4)

   The Agency must make sure that each phlebotomist is given an identity card.

2. (5)

   An identity card for a phlebotomist must bear the signature of an Agency employee.

3. (6)

   A person who ceases to be a chaperone or a phlebotomist must return his or her identity card to the Agency on the day when the person ceases to be a chaperone or phlebotomist.

[10]Subregulation 12 (1)

omit

of a competitor.

insert

given by a competitor.

[11]Subregulation 12 (2)

omit

of a competitor,

insert

given by a competitor,

[12]Subregulation 12 (2)

omit

of the competitor.

insert

given by the competitor.

[13]After subregulation 15 (3)

insert

1. (4)

   Nothing in these Regulations prevents the Agency from asking a competitor to give, on the same day, a urine sample under Scheme A and a blood sample under Scheme B.

[14]Regulation 34, heading

substitute

34Removal of names from register — competitor under 18

[15]After regulation 34

insert

34ARemoval of names from register — person not a competitor

1. (1)

   This regulation applies if the Agency has entered a person’s name and any other personal information about the person on the relevant register.

2. (2)

   For subregulation (1), the Agency must remove those details from the register if, after the entry has been made, the Agency becomes satisfied that, when the sample was requested, the person was not a competitor within the meaning of the Act.

34BCorrection of Register

1. (1)

   This regulation applies if:

   1. (a)

      the Agency becomes aware that a register contains an error because of a mistake, an omission, or a false entry in the register; and

   2. (b)

      the Agency is satisfied that:

      1. (i)

         the error can be corrected; and

      2. (ii)

         the error lies in the entry as it appears in the register and not in the information on which the registration was based.

2. (2)

   The Agency must correct the error as soon as possible.

[16]Subregulation 39 (1)

omit

chose

insert

choose

[17]Subregulation 42 (3)

omit

when

insert

after

[18]Subregulation 46 (3)

substitute

1. (3)

   The testing of Part B of the sample must begin on the testing day at the time and place stated in the notice to the competitor mentioned in subregulation 43 (2).

[19]Subregulation 52 (3)

omit

when

insert

after

[20]Subregulation 56 (3)

substitute

1. (3)

   The testing of Part B of the sample must begin on the testing day at the time and place stated in the notice to the competitor mentioned in subregulation 53 (2).

[21]After Subdivision 2.6.3

insert

Subdivision 2.6.4Testing for erythropoietin

63ATesting for erythropoietin — application of Divisions 2.5 and 2.6

 In relation to the collection and testing of a sample for erythropoietin, if both a blood sample and a urine sample have been collected from a competitor:

1. (a)

   a reference in Division 2.5 or 2.6 to Part A of a sample is taken to be a reference to both:

   1. (i)

      Part A of the urine sample; and

   2. (ii)

      the blood sample;

2. (b)

   a reference in Division 2.5 or 2.6 to a submission in relation to Part A of the sample is taken to be a reference to either or both of:

   1. (i)

      a submission in relation to Part A of the urine sample; and

   2. (ii)

      a submission in relation to the blood sample.

Note   A reference to Part B of a sample is always a reference to Part B of the urine sample alone.

[22]Regulation 86

substitute

86Prescribed courier services

 For subparagraphs 67A (a) (ii) and (iv) and (b) (i) of the Act, the following courier services are prescribed:

1. (a)

   the courier service known as TNT Failsafe High Security Couriers operated by TNT Australia Limited, ABN 41 000 495 269;

2. (b)

   the courier service known as Interstate Safe Hand Courier operated by Delfast Pty Ltd, ABN 29 008 478 608;

3. (c)

   the courier service known as Specialised Air Service operated by Universal Express, Business Registration Number F00069878;

4. (d)

   the courier service known as Diplomat Courier Service operated by Universal Express, Business Registration Number F00069878;

5. (e)

   the courier service known as Priority Courier Service operated by Wards Skyroads, an express distribution service of Mayne Nickless Limited, ABN 26 004 073 410;

6. (f)

   DHL Worldwide Express, DHL International (Australia) Pty. Limited, ABN 62 001 112 929;

7. (g)

   the courier service known as World Couriers, ABN 13 001 215 158;

8. (h)

   the services of a courier who is approved under subregulation 71 (1).

Notes

1. These Regulations amend Statutory Rules 1999 No. 159, as amended by 2000 No. 87.

2. Notified in the Commonwealth of Australia Gazette