Australian Sports Drug Agency Amendment Regulations 2004 (No 1) (Cth)

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Australian Sports Drug Agency Amendment Regulations 2004 (No. 1)1

Statutory Rules 2004 No. 2262

I, PHILIP MICHAEL JEFFERY, 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 21 July 2004

P. M. JEFFERY

Governor-General

By His Excellency’s Command

C. R. KEMP

Minister for the Arts and Sport

1Name of Regulations

These Regulations are the Australian Sports Drug Agency Amendment Regulations 2004 (No. 1).

2Commencement

These Regulations commence on 30 July 2004.

3Amendment of Australian Sports Drug Agency Regulations 1999

Schedule 1 amends the Australian Sports Drug Agency Regulations 1999.

Schedule 1Amendments

(regulation 3)

  

[1]Reader’s guide, Definitions, after second paragraph

insert

Section 4A of the Act provides that tampering with a sports drug matter includes an attempt to tamper with that matter.

[2]Reader’s guide, Overview of the drug testing legislative scheme, third paragraph

omit

ask competitors to give bodily samples and,

insert

ask competitors to provide information about their whereabouts, to give bodily samples, and,

[3]Reader’s guide, Overview of the drug testing legislative scheme, fourth paragraph

after

maintained by the Agency.

insert

The Agency will also enter details of a competitor’s failure to provide information about his or her whereabouts, or when a competitor has deliberately evaded an attempt by the Agency to make a request to take a sample, or when a competitor has tampered with a sample or any part of the process by which samples are requested, collected, handled tested and managed, or when, because of a competitor’s failure to provide information about his or her whereabouts, the Agency was not able to make a request to take a sample.

[4]Regulation 3, definitions of Part A and Part B

substitute

Part A, of a sample given by a competitor:

  1. (a)

    has the meaning given by the Scheme A Orders; and

  2. (b)

    includes, subject to regulation 63A, Part 1 of a blood sample referred to in Scheme B Orders; and

  3. (c)

    includes, subject to regulation 63A, a single sample referred to in Scheme B Orders.

Part B, of a sample given by a competitor, has the meaning given by the Scheme A Orders and includes, subject to regulation 63A, Part 2 of a blood sample referred to in Scheme B Orders.

[5]After Division 2.2

insert

Division 2.2ALocating competitors

13ARequest to give location of competitor

  1. (1)

    The Agency may ask a competitor to keep the Agency informed of where the competitor can be found.

  2. (2)

    The request:

    1. (a)

      must be made orally or by written notice; and

    2. (b)

      must:

      1. (i)

        explain how the competitor is to keep the Agency informed; and

      2. (ii)

        set out the period or periods for which the competitor is to keep the Agency informed.

Note 1 Section 67A of the Act deals with giving written notices.

Note 2 The Agency must also comply with its obligation to explain to the competitor the possible consequences of failing to comply with the request: see regulation 36.

  1. (3)

    If the Agency asks an intellectually disabled competitor to inform the Agency of where the competitor can be found, the Agency must give at least 1 of the following persons oral or written notice that the Agency has made the request:

    1. (a)

      the competitor’s spouse;

    2. (b)

      the competitor’s parent or guardian;

    3. (c)

      the competitor’s coach;

    4. (d)

      a representative of a relevant sporting administration body.

Note Section 67A of the Act deals with giving written notices.

13BAgency may ask for help in locating competitor

If the Agency is having difficulty finding a competitor in order to make a request under subregulation 13A (1), the Agency may ask:

  1. (a)

    a relevant sporting administration body; or

  2. (b)

    a person who knows, or is related to, the competitor;

for help in finding the competitor.

[6]Regulation 25, including the note

substitute

25Investigations by analytical investigative bodies

  1. (1)

    An analytical investigative body may investigate a positive test result for a sample given by a competitor to find out whether the result was caused by naturally occurring levels of the substance concerned.

Note The ASDMAC also has the power to investigate a positive test result for a sample given by a competitor for this purpose (see subregulation 64 (1)).

  1. (2)

    If a competitor has an approval for the use of a drug for therapeutic purposes, an analytical investigative body may investigate the sample analysis result for a sample given by the competitor to find out whether the competitor has complied with the conditions of the approval.

Note The ASDMAC also has the power to investigate the sample analysis result for the same purpose (see subregulation 64 (2A)).

[7]After paragraph 25A (1) (a)

insert

  1. (aa)

    there is a Part B of the sample; and

[8]Regulations 27, 28, 29 and 30

substitute

27Entries about events relating to request from Agency

  1. (1)

    This regulation applies if:

    1. (a)

      the Agency decides that a competitor:

      1. (i)

        has failed to comply with a request by the Agency to keep the Agency informed of where the competitor can be found; or

      2. (ii)

        was not able to be located so that a request for a sample could be made because the competitor failed to comply with a request to keep the Agency informed of where the competitor could be found; or

      3. (iii)

        has deliberately evaded receiving a request by the Agency for a sample; or

      4. (iv)

        has failed to comply with a request by the Agency for a sample; or

      5. (v)

        has tampered with a sports drug matter to which a request by the Agency relates; and

    2. (b)

      the relevant submission period for the matter mentioned in Subdivision 2.6.1 has ended; and

    3. (c)

      the Agency has considered any submission that the competitor has given to the Agency under Subdivision 2.6.1; and

    4. (d)

      the Agency decides that the competitor did not have reasonable cause for the matter.

  2. (2)

    As soon as practicable, the Agency must enter on the relevant register:

    1. (a)

      the competitor’s name; and

    2. (b)

      details of the matter under paragraph (1) (a); and

    3. (c)

      any information about the competitor that the relevant orders require the Agency to enter in the circumstances.

Note 1 For the meaning of fail to comply with a request, see section 12 of the Act.

Note 2 Under regulation 60, the Agency must give a competitor whose name and details have been entered on the relevant register written notice that the entry has been made.

Note 3 Under regulation 61, a competitor has a right to apply to the Administrative Appeals Tribunal for a review of a decision of the Agency to enter the competitor’s name and details on the relevant register. For other competitors’ rights in relation to entries on a register, see Division 2.6.

28Entries about events relating to request from sporting administration body

  1. (1)

    This regulation applies if:

    1. (a)

      the Agency asks a sporting administration body, under paragraph 17ZC (1) (a) of the Act, to arrange for a competitor who competes in a particular sport to be asked to give a sample to determine whether the competitor has been using a relevant scheduled drug or doping method; and

    2. (b)

      the sporting administration body tells the Agency that the competitor:

      1. (i)

        has failed to comply with a request by the sporting administration body to keep the sporting administration body informed of where the competitor can be found; or

      2. (ii)

        was not able to be located, so that a request for a sample could be made, because the competitor failed to comply with a request to keep the sporting administration body informed of where the competitor could be found; or

      3. (iii)

        has deliberately evaded receiving a request by the sporting administration body for a sample; or

      4. (iv)

        has failed to comply with a request by the sporting administration body for a sample; or

      5. (v)

        has tampered with a sports drug matter to which a request by the sporting administration body relates; and

    3. (c)

      the relevant submission period for the matter mentioned in Subdivision 2.6.2 has ended; and

    4. (d)

      the Agency has considered any submission that the competitor has given to the Agency under Subdivision 2.6.2; and

    5. (e)

      the Agency decides that the competitor did not have reasonable cause for the matter.

  2. (2)

    The Agency must enter on the relevant register:

    1. (a)

      the competitor’s name; and

    2. (b)

      details of the matter under paragraph (1) (a); and

    3. (c)

      any information about the competitor that the relevant orders require the Agency to enter in the circumstances.

Note 1 For the meaning of fail to comply with a request, see section 12 of the Act.

Note 2 Under regulation 60, the Agency must give a competitor whose name and details have been entered on the relevant register written notice that the entry has been made.

Note 3 Under regulation 61, a competitor has a right to apply to the Administrative Appeals Tribunal for a review of a decision of the Agency to enter the competitor’s name and details on the relevant register. For other competitors’ rights in relation to entries on a register, see Division 2.6.

29Entries about results from tests arranged by Agency

  1. (1)

    This regulation applies if:

    1. (a)

      the Agency asks a competitor for a sample under regulation 17; and

    2. (b)

      the competitor gives the sample in response to the Agency’s request; and

    3. (c)

      the result of the relevant test of the sample is positive; and

    4. (d)

      the relevant submission period mentioned in Subdivision 2.6.1 has ended; and

    5. (e)

      the Agency has considered any submission that the competitor has given to the Agency under Subdivision 2.6.1; and

    6. (f)

      the Agency is satisfied that the procedures for collecting and dealing with the sample mentioned in regulation 20, with which the relevant orders require the Agency to comply strictly, have been strictly complied with; and

    7. (g)

      the Agency has considered any other relevant circumstances; and

    8. (h)

      the Agency has decided that the test result is valid.

  2. (2)

    As soon as practicable, the Agency must enter on the relevant register:

    1. (a)

      the competitor’s name; and

    2. (b)

      the details of the test result; and

    3. (c)

      any information about the competitor that the relevant orders require the Agency to enter in the circumstances.

  3. (3)

    The Agency must also enter that information on the relevant register in the circumstances (if any) stated in the relevant orders.

  4. (4)

    In this regulation:

relevant circumstances includes the following circumstances:

  1. (a)

    an investigation conducted by the ASDMAC under subregulation 64 (1), or an analytical investigative body under regulation 25, in relation to the sample, has revealed that the positive test result is not attributable to naturally occurring levels of the substance concerned;

  2. (b)

    the competitor had approval for the use of the drug concerned for therapeutic purposes:

    1. (i)

      from the ASDMAC; or

    2. (ii)

      from a therapeutic approval body; or

    3. (iii)

      as a result of a review, appeal, or similar process, relating directly or indirectly to a decision of the ASDMAC or a therapeutic approval body;

  3. (c)

    any circumstances stated in the relevant orders for this subregulation.

relevant submission period means:

  1. (a)

    if only Part A of the competitor’s sample has been tested under the relevant scheme — the submission period mentioned in subregulation 45 (2); and

  2. (b)

    if both Part A and Part B of the competitor’s sample have been tested under the relevant scheme — the submission period mentioned in subregulation 48 (1).

relevant test means:

  1. (a)

    if only Part A of the competitor’s sample has been tested under the relevant scheme — the testing of Part A of the sample; and

  2. (b)

    if both Part A and Part B of the competitor’s sample have been tested under the relevant scheme, and the testing of Part B of the sample confirms the result of the testing of Part A of the sample — the testing of Part A and Part B of the sample.

Note 1 For the meaning of positive test result, see subsection 2 (1) of the Act.

Note 2 Under regulation 60, the Agency must give a competitor whose name and details have been entered on the relevant register written notice that the entry has been made.

Note 3 Under regulation 61, a competitor has a right to apply to the Administrative Appeals Tribunal for a review of a decision of the Agency to enter the competitor’s name and details on the relevant register. For other competitors’ rights in relation to entries on the register, see Division 2.6.

30Entries about results from tests arranged by sporting administration body

  1. (1)

    This regulation applies if:

    1. (a)

      the Agency asks a sporting administration body, under paragraph 17ZC (1) (a) of the Act, to arrange for a competitor who competes in a particular sport to be asked to give a sample to determine whether the competitor has been using a relevant scheduled drug or doping method; and

    2. (b)

      the sporting administration body asks the competitor to give the sample; and

    3. (c)

      the competitor gives the sample in response to the sporting administration body’s request; and

    4. (d)

      the result of the relevant test of the sample is positive; and

    5. (e)

      the relevant submission period mentioned in Subdivision 2.6.2 has ended; and

    6. (f)

      the Agency has considered any submission that the competitor has given to the Agency under Subdivision 2.6.2; and

    7. (g)

      the Agency is satisfied that the sporting administration body’s procedures for collecting and dealing with samples given for drug testing purposes have been substantially complied with; and

    8. (h)

      the Agency has considered any other relevant circumstances; and

    9. (i)

      the Agency has decided that the test result is valid.

  2. (2)

    The Agency must enter on the relevant register:

    1. (a)

      the competitor’s name; and

    2. (b)

      details of the test result; and

    3. (c)

      any information about the competitor that the relevant orders require the Agency to enter in the circumstances.

  3. (3)

    The Agency may also enter that information on the relevant register in the circumstances (if any) stated in the relevant orders.

  4. (4)

    In this regulation:

relevant circumstances includes the following circumstances:

  1. (a)

    an investigation conducted by the ASDMAC under subregulation 64 (1), or an analytical investigative body under regulation 25, in relation to the sample, has revealed that the positive test result is not attributable to naturally occurring levels of the substance concerned;

  2. (b)

    the competitor had approval for the use of the drug concerned for therapeutic purposes:

    1. (i)

      from the ASDMAC; or

    2. (ii)

      from a therapeutic approval body; or

    3. (iii)

      as a result of a review, appeal, or similar process, relating directly or indirectly to a decision of the ASDMAC or a therapeutic approval body;

  3. (c)

    any circumstances stated in the relevant orders for this subregulation.

relevant submission period means:

  1. (a)

    if only Part A of the competitor’s sample has been tested under the relevant scheme — the submission period mentioned in subregulation 55 (2); and

  2. (b)

    if both Part A and Part B of the competitor’s sample have been tested under the relevant scheme — the submission period mentioned in subregulation 58 (1).

relevant test means:

  1. (a)

    if only Part A of the competitor’s sample has been tested under the relevant scheme — the testing of Part A of the sample; and

  2. (b)

    if both Part A and Part B of the competitor’s sample have been tested under the relevant scheme, and the testing of Part B of the sample confirms the result of the testing of Part A of the sample — the testing of Part A and Part B of the sample.

Note 1 For the meaning of positive test result, see subsection 2 (1) of the Act.

Note 2 Under regulation 60, the Agency must give a competitor whose name and details have been entered on the relevant register written notice that the entry has been made.

Note 3 Under regulation 61, a competitor has a right to apply to the Administrative Appeals Tribunal for a review of a decision of the Agency to enter the competitor’s name and details on the relevant register. For other competitors’ rights in relation to entries on the register, see Division 2.6.

[9]Paragraph 31 (2) (c)

omit

competitor.

insert

competitor; and

[10]After paragraph 31 (2) (c)

insert

  1. (d)

    if the Agency makes an entry on the relevant register about a competitor under subparagraph 27 (1) (a) (v) or 28 (1) (b) (v) — each relevant national sporting organisation and each relevant sporting organisation in relation to any other competitor whose interests may be affected by the competitor’s conduct.

Note Subparagraphs 27 (1) (a) (v) and 28 (1) (b) (v) relate to tampering with a sports drug matter.

[11]Subregulation 32 (1)

substitute

  1. (1)

    The Agency may give information arising out of the entry of a competitor’s name on the relevant register to 1, or more than 1, specified sporting administration body.

[12]Regulation 33, heading

substitute

33Giving information to sporting administration bodies if no entry made, or yet made, on register

[13]Subregulations 33 (1), (2) and (3)

substitute

  1. (1)

    This regulation applies if the Agency:

    1. (a)

      is considering whether to enter information relating to a competitor on the appropriate register under this Division; and

    2. (b)

      has not yet entered the information.

  2. (2)

    The Agency may give the information to 1, or more than 1, specified sporting administration body.

  3. (3)

    However, the Agency must not give the information to a particular specified sporting administration body unless the Agency has taken reasonable steps to satisfy itself that the information will not be used or disclosed by the body in a way that would be unfairly prejudicial to the interests of the competitor, including taking reasonable steps to satisfy itself that:

    1. (a)

      the information is provided in confidence; and

    2. (b)

      the sporting administration body has procedures in place in accordance with the principles that apply to provisional suspensions as set out in the Code.

Note In accordance with the definition of World Anti-Doping Code in subsection 2 (1) of the Act, the reference in paragraph (b) to the Code is a reference to the Code as in force from time to time.

[14]Regulation 36

substitute

36Notice about competitors’ rights etc — request to inform Agency of location

  1. (1)

    If the Agency asks a competitor to keep the Agency informed of where the competitor can be found, for the purpose of being asked to provide a sample in order to determine whether the person has been using scheduled drugs or doping methods, the Agency must give the competitor notice of the possible consequences of a failure to comply with the request.

  2. (2)

    The Agency must give the notice:

    1. (a)

      when it asks the competitor to keep it informed; or

    2. (b)

      as soon as practicable after it asks the competitor to keep it informed.

  3. (3)

    The Agency may give the notice orally or in writing.

Note Section 67A of the Act deals with giving written notices.

36ANotice about failure to comply with request to inform Agency of location

  1. (1)

    This regulation applies if the Agency decides that a competitor has failed to comply with a request by the Agency under regulation 13A to keep the Agency informed of where the competitor can be found.

  2. (2)

    As soon as practicable after making the decision, the Agency must give the competitor a written notice stating that the competitor (or a person on the competitor’s behalf) may, within 7 days after receiving the notice:

    1. (a)

      give a written submission to the Agency setting out any reasonable cause for the competitor’s failure to keep the Agency informed; or

    2. (b)

      by giving a written notice to the Agency, waive the competitor’s right to make a submission.

Note Section 67A of the Act deals with giving written notices.

36BSubmission about failure to comply with request to inform Agency of location

  1. (1)

    If the Agency gives a competitor a notice under regulation 36A, the competitor (or a person on the competitor’s behalf) may, within 7 days after receiving the notice (the submission period):

    1. (a)

      give a written submission to the Agency setting out any reasonable cause for the failure to comply with the request; or

    2. (b)

      by giving a written notice to the Agency, waive the competitor’s right to make a submission.

  2. (2)

    If the competitor does not give the Agency a written submission or notice within the submission period, the competitor is taken to have waived the competitor’s right to make a submission.

  3. (3)

    Subregulation (4) applies if the Agency considers that the competitor is likely to take part in:

    1. (a)

      an international sporting competition; or

    2. (b)

      a sporting competition to select people to represent Australia in an international sporting competition.

  1. (4)

    Before the end of the submission period, the Agency may, by written notice to the competitor, substitute for the period of 7 days mentioned in subregulation (1) a shorter period that it considers appropriate in the circumstances.

  2. (5)

    The submission period is taken to have ended:

    1. (a)

      if, by written notice before the end of the submission period, the competitor waives the competitor’s right to make a submission — when the Agency receives the written notice; or

    2. (b)

      if the competitor gives the Agency a submission before the end of the submission period — when the Agency receives the submission.

Note 1 Section 67A of the Act deals with giving written notices.

Note 2 Regulation 83 states when a notice that is given to a competitor is presumed to have been received.

36CNotice about competitors’ rights etc — competitor not able to be located for a sample after being requested to provide location

  1. (1)

    This regulation applies if the Agency decides that a competitor was not able to be located, so that a request for a sample could be made, because the competitor failed to comply with a request by the Agency to keep the Agency informed of where the competitor could be found.

  2. (2)

    As soon as practicable after making the decision, the Agency must give the competitor a written notice stating that the competitor (or a person on the competitor’s behalf) may, within 7 days after receiving the notice:

    1. (a)

      give a written submission to the Agency setting out any reasonable cause for the competitor’s failure to be located; or

    2. (b)

      by giving a written notice to the Agency, waive the competitor’s right to make a submission.

Note Section 67A of the Act deals with giving written notices.

36DSubmission about competitor not being able to be located for a sample after being requested to provide location

  1. (1)

    If the Agency gives a competitor a notice under regulation 36C, the competitor (or a person on the competitor’s behalf) may, within 7 days after receiving the notice (the submission period):

    1. (a)

      give a written submission to the Agency setting out any reasonable cause for the competitor’s failure to be located; or

    2. (b)

      by giving a written notice to the Agency, waive the competitor’s right to make a submission.

  2. (2)

    If the competitor does not give the Agency a written submission or notice within the submission period, the competitor is taken to have waived the competitor’s right to make a submission.

  3. (3)

    Subregulation (4) applies if the Agency considers that the competitor is likely to take part in:

    1. (a)

      an international sporting competition; or

    2. (b)

      a sporting competition to select people to represent Australia in an international sporting competition.

  4. (4)

    Before the end of the submission period, the Agency may, by written notice to the competitor, substitute for the period of 7 days mentioned in subregulation (1) a shorter period that it considers appropriate in the circumstances.

  5. (5)

    The submission period is taken to have ended:

    1. (a)

      if, by written notice before the end of the submission period, the competitor waives the competitor’s right to make a submission — when the Agency receives the written notice; or

    2. (b)

      if the competitor gives the Agency a submission before the end of the submission period — when the Agency receives the submission.

Note 1 Section 67A of the Act deals with giving written notices.

Note 2 Regulation 83 states when a notice that is given to a competitor is presumed to have been received.

36ENotice about competitors’ rights etc — evasion of request by Agency for a sample

  1. (1)

    This regulation applies if the Agency decides that a competitor has deliberately evaded receiving a request by the Agency for a sample.

  2. (2)

    As soon as practicable after making the decision, the Agency must give the competitor a written notice stating that the competitor (or a person on the competitor’s behalf) may, within 7 days after receiving the notice:

    1. (a)

      give a written submission to the Agency setting out any reasonable cause for the competitor’s conduct; or

    2. (b)

      by giving a written notice to the Agency, waive the competitor’s right to make a submission.

36FSubmission about evasion of request by Agency for a sample

  1. (1)

    If the Agency gives a competitor a notice under regulation 36E, the competitor (or a person on the competitor’s behalf) may, within 7 days after receiving the notice (the submission period):

    1. (a)

      give a written submission to the Agency setting out any reasonable cause for the competitor’s conduct; or

    2. (b)

      by giving a written notice to the Agency, waive the competitor’s right to make a submission.

  2. (2)

    If the competitor does not give the Agency a written submission or notice within the submission period, the competitor is taken to have waived the competitor’s right to make a submission.

  3. (3)

    Subregulation (4) applies if the Agency considers that the competitor is likely to take part in:

    1. (a)

      an international sporting competition; or

    2. (b)

      a sporting competition to select people to represent Australia in an international sporting competition.

  4. (4)

    Before the end of the submission period, the Agency may, by written notice to the competitor, substitute for the period of 7 days mentioned in subregulation (1) a shorter period that it considers appropriate in the circumstances.

  5. (5)

    The submission period is taken to have ended:

    1. (a)

      if, by written notice before the end of the submission period, the competitor waives the competitor’s right to make a submission — when the Agency receives the written notice; or

    2. (b)

      if the competitor gives the Agency a submission before the end of the submission period — when the Agency receives the submission.

Note 1 Section 67A of the Act deals with giving written notices.

Note 2 Regulation 83 states when a notice that is given to a competitor is presumed to have been received.

[15]Regulation 37

substitute

37Notice about competitors’ rights etc — request for sample

  1. (1)

    This regulation applies if the Agency asks a competitor for a sample.

  2. (2)

    As soon as practicable after the Agency asks the competitor for the sample, the Agency must give the competitor notice of the possible consequences of failing to comply with a request by the Agency to provide a sample.

  3. (3)

    The Agency may give the notice orally or in writing.

Note Section 67A of the Act deals with giving written notices.

[16]Regulations 42, 43 and 44

substitute

41ANotice about competitors’ rights etc — tampering with a sports drug matter

  1. (1)

    This regulation applies if the Agency decides that a competitor has tampered with a sports drug matter.

  2. (2)

    As soon as practicable after making the decision, the Agency must give the competitor a written notice stating that the competitor (or a person on the competitor’s behalf) may, within 7 days after receiving the notice:

    1. (a)

      give a written submission to the Agency setting out any reasonable cause for the competitor’s conduct; or

    2. (b)

      by giving a written notice to the Agency, waive the competitor’s right to make a submission.

41BSubmission about tampering with a sports drug matter

  1. (1)

    If the Agency gives a competitor a notice under regulation 41A, the competitor (or a person on the competitor’s behalf) may, within 7 days after receiving the notice (the submission period):

    1. (a)

      give a written submission to the Agency setting out any reasonable cause for tampering with the sports drug matter; or

    2. (b)

      by giving a written notice to the Agency, waive the competitor’s right to make a submission.

  2. (2)

    If the competitor does not give the Agency a written submission or notice within the submission period, the competitor is taken to have waived the competitor’s right to make a submission.

  3. (3)

    Subregulation (4) applies if the Agency considers that the competitor is likely to take part in:

    1. (a)

      an international sporting competition; or

    2. (b)

      a sporting competition to select people to represent Australia in an international sporting competition.

  4. (4)

    Before the end of the submission period, the Agency may, by written notice to the competitor, substitute for the period of 7 days mentioned in subregulation (1) a shorter period that it considers appropriate in the circumstances.

  5. (5)

    The submission period is taken to have ended:

    1. (a)

      if, by written notice before the end of the submission period, the competitor waives the competitor’s right to make a submission — when the Agency receives the written notice; or

    2. (b)

      if the competitor gives the Agency a submission before the end of the submission period — when the Agency receives the submission.

Note 1 Section 67A of the Act deals with giving written notices.

Note 2 Regulation 83 states when a notice that is given to a competitor is presumed to have been received.

42What happens if result of test of Part A of sample is positive

  1. (1)

    This regulation applies if:

    1. (a)

      the competitor gives a sample in response to the Agency’s request for a sample; and

    2. (b)

      the result of the testing arranged by the Agency of Part A of the competitor’s sample is positive.

  2. (2)

    As soon as practicable after receiving information about the result of the test, the Agency must give the competitor a written notice (the information notice) stating that the result of the test is positive.

  3. (3)

    If there is a Part B of the sample, the information notice must also state:

    1. (a)

      that the competitor has the right to notify the Agency in writing, within 7 days after receiving the information notice, that the competitor:

      1. (i)

        elects to have Part B of the sample tested; or

      2. (ii)

        does not elect to have Part B of the sample tested; and

    2. (b)

      that, if the competitor does not notify the Agency within 7 days after receiving the information notice, the competitor cannot make any further election in relation to Part B of the sample; and

    3. (c)

      that, if the competitor elects to have Part B of the sample tested:

      1. (i)

        the Agency will arrange for Part B of the sample to be tested on the testing day stated in a notice under paragraph 43 (3) (a); and

      2. (ii)

        the competitor is entitled to be present or represented at the testing of Part B of the sample; and

      3. (iii)

        the Agency will give the competitor notice of the result of the test as soon as practicable; and

      4. (iv)

        if the result of the test is positive, the competitor may choose an option mentioned in subregulation (4); and

    4. (d)

      that, if the competitor does not elect to have Part B of the sample tested:

      1. (i)

        the competitor is still entitled to make a submission in relation to the testing of Part A of the sample; and

      2. (ii)

        the competitor may waive his or her right to make a submission in relation to the testing of Part A of the sample; and

      3. (iii)

        the Agency will make a decision under regulation 29 whether or not to make an entry on the relevant register; and

    5. (e)

      the possible consequences, mentioned in subregulation (5), of a positive test result for the sample

  4. (4)

    For subparagraph (3) (c) (iv), the options are that within 7 days after receiving the notice about the result of Part B of the sample, the competitor (or a person on the competitor’s behalf) may:

    1. (a)

      give the Agency a submission setting out any information or evidence that may affect the validity of the results of the testing of Part A or Part B of the sample; or

    2. (b)

      by giving the Agency a written notice, waive the competitor’s right to make a submission.

  5. (5)

    For paragraph (3) (e), the possible consequences are that:

    1. (a)

      the Agency may have to enter information about the test result on the relevant register; and

    2. (b)

      if the Agency enters information about the test result on the relevant register, the Agency must give written notice about the entry to:

      1. (i)

        each relevant national sporting organisation in relation to the competitor; and

      2. (ii)

        each relevant sporting organisation (if any) in relation to the competitor; and

      3. (iii)

        each relevant government agency in relation to the competitor.

  6. (6)

    Before the information notice is presumed to have been received by the competitor, the Agency may give the competitor oral notice of the matters mentioned in the information notice.

Note 1 Relevant national sporting organisation and relevant sporting organisation are defined in section 2 of the Act. Government agency is defined in regulation 3.

Note 2 Section 67A of the Act deals with giving written notices.

Note 3 Regulation 83 states when a notice that is given to a competitor is presumed to have been received.

43Election to have Part B of sample tested

  1. (1)

    If the Agency gives a competitor an information notice that includes the statements mentioned in subregulation 42 (3), the competitor may give the Agency a notice, in writing, within 7 days after receiving the information notice that the competitor:

    1. (a)

      elects to have Part B of the sample tested; or

    2. (b)

      does not elect to have Part B of the sample tested.

  2. (2)

    If the competitor does not notify the Agency under subregulation (1) within 7 days after receiving the information notice, the competitor cannot later make any election in relation to the testing of Part B of the sample.

  3. (3)

    If the competitor elects to have Part B of the sample tested:

    1. (a)

      the Agency must, as soon as practicable after the election, arrange for Part B to be tested on a particular day (the testing day); and

    2. (b)

      the Agency must give the competitor a notice, in writing, to that effect.

  4. (4)

    However, the Agency must not arrange for Part B of the sample to be tested on a day earlier than the day after the competitor is presumed to have received the notice mentioned in paragraph (3) (b).

Note Section 67A of the Act deals with giving written notices.

  1. (5)

    If the competitor does not elect to have Part B of the sample tested:

    1. (a)

      the competitor is still entitled to make a submission in relation to the testing of Part A of the sample; and

    2. (b)

      the competitor may waive his or her right to make a submission in relation to the testing of Part A of the sample; and

    3. (c)

      the Agency will make a decision under regulation 29 whether or not to make an entry on the relevant register.

[17]Subregulation 45 (1)

substitute

  1. (1)

    This regulation applies if the Agency gives a competitor an information notice under subregulation 42 (2) and:

    1. (a)

      there is no Part B of the sample; or

    2. (b)

      there is a Part B of the sample and the competitor:

      1. (i)

        has not elected, within 7 days after receiving the notice, to have Part B of the sample tested; or

      2. (ii)

        does not make an election within 7 days after receiving the notice.

[18]Subregulation 45 (2)

omit

after receiving the written notice mentioned in subregulation 43 (2)

insert

after the end of the period mentioned in paragraph 42 (3) (a)

[19]Regulation 46

substitute

46Competitor’s rights if Part B of sample is to be tested

  1. (1)

    This regulation applies if the Agency arranges, under subregulation 43 (3), for Part B of the competitor’s sample to be tested.

  2. (2)

    The competitor is entitled to be present or represented at the testing of Part B of the sample (including the unsealing of the sample).

  3. (3)

    The testing of Part B of the sample must begin on the testing day mentioned in subregulation 43 (3).

  4. (4)

    However, if it is impracticable for the test to be conducted in accordance with subregulation (3):

    1. (a)

      the test may be conducted on a later day; and

    2. (b)

      the Agency must give the competitor reasonable notice of where and when the testing will be conducted and allow the competitor to be present.

  5. (5)

    Reasonable notice mentioned in paragraph (4) (b) may be given orally or in writing.

[20]Subregulation 47 (1)

substitute

  1. (1)

    This regulation applies if:

    1. (a)

      the Agency arranges, under subregulation 43 (3), for Part B of the competitor’s sample to be tested; and

    2. (b)

      the result of the test is positive.

[21]Regulation 49

substitute

49Notice about competitors’ rights — request to inform sporting administration body of location

  1. (1)

    If:

    1. (a)

      the Agency requests a sporting administration body, for subsection 17ZC (1) of the Act:

      1. (i)

        to arrange for a competitor to provide a sample; or

      2. (ii)

        to arrange for the testing of a sample; or

      3. (iii)

        to be provided with information relating to such a request; and

    2. (b)

      the sporting administration body asks the competitor to keep the sporting administration body informed of where the competitor can be found;

the sporting administration body must give the competitor notice of the possible consequences of a failure to comply with the request.

  1. (2)

    The sporting administration body must give the notice:

    1. (a)

      when it asks the competitor to keep it informed; or

    2. (b)

      as soon as practicable after it asks the competitor to keep it informed.

  2. (3)

    The sporting administration body may give the notice orally or in writing.

Note Section 67A of the Act deals with giving written notices.

49ANotice about failure to comply with request to inform sporting administration body of location

  1. (1)

    This regulation applies if the Agency decides that a competitor has failed to comply with a request by a sporting administration body under regulation 49 to keep the sporting administration body informed of where the competitor can be found.

  2. (2)

    As soon as practicable after making the decision, the Agency must give the competitor a written notice stating that the competitor (or a person on the competitor’s behalf) may, within 7 days after receiving the notice:

    1. (a)

      give a written submission to the Agency setting out any reasonable cause for the competitor’s failure to keep the sporting administration body informed; or

    2. (b)

      by giving a written notice to the Agency, waive the competitor’s right to make a submission.

Note Section 67A of the Act deals with giving written notices.

49BSubmission about failure to comply with request to inform sporting administration body of location

  1. (1)

    If the Agency gives a competitor a notice under regulation 49A, the competitor (or a person on the competitor’s behalf) may, within 7 days after receiving the notice (the submission period):

    1. (a)

      give a written submission to the Agency setting out any reasonable cause for the failure to comply with the request; or

    2. (b)

      by giving a written notice to the Agency, waive the competitor’s right to make a submission.

  2. (2)

    If the competitor does not give the Agency a written submission or notice within the submission period, the competitor is taken to have waived the competitor’s right to make a submission.

  3. (3)

    Subregulation (4) applies if the Agency considers that the competitor is likely to take part in:

    1. (a)

      an international sporting competition; or

    2. (b)

      a sporting competition to select people to represent Australia in an international sporting competition.

  4. (4)

    Before the end of the submission period, the Agency may, by written notice to the competitor, substitute for the period of 7 days mentioned in subregulation (1) a shorter period that it considers appropriate in the circumstances.

  5. (5)

    The submission period is taken to have ended:

    1. (a)

      if, by written notice before the end of the submission period, the competitor waives the competitor’s right to make a submission — when the Agency receives the written notice; or

    2. (b)

      if the competitor gives the Agency a submission before the end of the submission period — when the Agency receives the submission.

Note 1 Section 67A of the Act deals with giving written notices.

Note 2 Regulation 83 states when a notice that is given to a competitor is presumed to have been received.

49CNotice about competitors’ rights etc — competitor not able to be located for a sample after being requested by sporting administration body to provide location

  1. (1)

    This regulation applies if:

    1. (a)

      the Agency asks a sporting administration body, under paragraph 17ZC (1) (a) of the Act, to arrange for a competitor to be asked to give a sample to determine whether the competitor has been using a relevant scheduled drug or doping method; and

    2. (b)

      the Agency decides that the competitor was not able to be located, so that a request for a sample could be made, because the competitor failed to comply with a request by the sporting administration body to keep the sporting administration body informed of where the competitor could be found.

  2. (2)

    As soon as practicable after making the decision, the Agency must give the competitor a written notice stating that the competitor (or a person on the competitor’s behalf) may, within 7 days after receiving the notice:

    1. (a)

      give a written submission to the Agency setting out any reasonable cause for the competitor’s failure to be located; or

    2. (b)

      by giving a written notice to the Agency, waive the competitor’s right to make a submission.

Note Section 67A of the Act deals with giving written notices.

49DSubmission about competitor not being able to be located for a sample after being requested to provide location

  1. (1)

    If the Agency gives a competitor a notice under regulation 49C, the competitor (or a person on the competitor’s behalf) may, within 7 days after receiving the notice (the submission period):

    1. (a)

      give a written submission to the Agency setting out any reasonable cause for the competitor’s failure to be located; or

    2. (b)

      by giving a written notice to the Agency, waive the competitor’s right to make a submission.

  2. (2)

    If the competitor does not give the Agency a written submission or notice within the submission period, the competitor is taken to have waived the competitor’s right to make a submission.

  3. (3)

    Subregulation (4) applies if the Agency considers that the competitor is likely to take part in:

    1. (a)

      an international sporting competition; or

    2. (b)

      a sporting competition to select people to represent Australia in an international sporting competition.

  4. (4)

    Before the end of the submission period, the Agency may, by written notice to the competitor, substitute for the period of 7 days mentioned in subregulation (1) a shorter period that it considers appropriate in the circumstances.

  5. (5)

    The submission period is taken to have ended:

    1. (a)

      if, by written notice before the end of the submission period, the competitor waives the competitor’s right to make a submission — when the Agency receives the written notice; or

    2. (b)

      if the competitor gives the Agency a submission before the end of the submission period — when the Agency receives the submission.

Note 1 Section 67A of the Act deals with giving written notices.

Note 2 Regulation 83 states when a notice that is given to a competitor is presumed to have been received.

49ENotice about competitors’ rights etc — evasion of request by sporting administration body for a sample

  1. (1)

    This regulation applies if:

    1. (a)

      the Agency asks a sporting administration body, under paragraph 17ZC (1) (a) of the Act, to arrange for a competitor to be asked to give a sample to determine whether the competitor has been using a relevant scheduled drug or doping method; and

    2. (b)

      the Agency decides that the competitor has deliberately evaded receiving a request by the sporting administration body for a sample.

  2. (2)

    As soon as practicable after making the decision, the Agency must give the competitor a written notice stating that the competitor (or a person on the competitor’s behalf) may, within 7 days after receiving the notice:

    1. (a)

      give a written submission to the Agency setting out any reasonable cause for the competitor’s conduct; or

    2. (b)

      by giving a written notice to the Agency, waive the competitor’s right to make a submission.

49FSubmission about evasion of request by sporting administration body for a sample

  1. (1)

    If the Agency gives a competitor a notice under regulation 49E, the competitor (or a person on the competitor’s behalf) may, within 7 days after receiving the notice (the submission period):

    1. (a)

      give a written submission to the Agency setting out any reasonable cause for the competitor’s conduct; or

    2. (b)

      by giving a written notice to the Agency, waive the competitor’s right to make a submission.

  2. (2)

    If the competitor does not give the Agency a written submission or notice within the submission period, the competitor is taken to have waived the competitor’s right to make a submission.

  3. (3)

    Subregulation (4) applies if the Agency considers that the competitor is likely to take part in:

    1. (a)

      an international sporting competition; or

    2. (b)

      a sporting competition to select people to represent Australia in an international sporting competition.

  4. (4)

    Before the end of the submission period, the Agency may, by written notice to the competitor, substitute for the period of 7 days mentioned in subregulation (1) a shorter period that it considers appropriate in the circumstances.

  5. (5)

    The submission period is taken to have ended:

    1. (a)

      if, by written notice before the end of the submission period, the competitor waives the competitor’s right to make a submission — when the Agency receives the written notice; or

    2. (b)

      if the competitor gives the Agency a submission before the end of the submission period — when the Agency receives the submission.

Note 1 Section 67A of the Act deals with giving written notices.

Note 2 Regulation 83 states when a notice that is given to a competitor is presumed to have been received.

49GApplication of regulations 50 to 58

Regulations 50 to 58 apply if:

  1. (a)

    the Agency asks a sporting administration body, under paragraph 17ZC (1) (a) of the Act, to arrange for a competitor who competes in a particular sport to be asked to give a sample to determine whether the competitor has been using a relevant scheduled drug or doping method; and

  2. (b)

    the Agency asks the sporting administration body, under paragraph 17ZC (1) (b) of the Act, to arrange for Part A of the sample to be tested for that purpose; and

  3. (c)

    the Agency asks the sporting administration body, under paragraph 17ZC (1) (c) of the Act, to arrange for the Agency to be given information arising out of the making of the request; and

  4. (d)

    the sporting administration body asks the competitor to give the sample.

[22]Subregulation 50 (1)

omit

paragraph 49 (d).

insert

paragraph 49G (d).

[23]Subregulation 51 (1)

omit

paragraph 49 (d),

insert

paragraph 49G (d),

[24]Regulations 52, 53 and 54

substitute

52What happens if result of test of Part A of sample is positive

  1. (1)

    This regulation applies if:

    1. (a)

      the competitor gives a sample in response to the sporting administration body’s request for a sample; and

    2. (b)

      the result of the testing arranged by the sporting administration body of Part A of the competitor’s sample is positive; and

    3. (c)

      the sporting administration body has given the Agency information about the result of the test.

  2. (2)

    As soon as practicable after receiving information about the result of the test, the Agency must give the competitor a written notice (the information notice) stating that the result of the test is positive.

  3. (3)

    If there is a Part B of the sample, the information notice must also state:

    1. (a)

      that the competitor has the right to notify the Agency in writing, within 7 days after receiving the information notice, that the competitor:

      1. (i)

        elects to have Part B of the sample tested; or

      2. (ii)

        does not elect to have Part B of the sample tested; and

    2. (b)

      that, if the competitor does not notify the Agency within 7 days after receiving the information notice, the competitor cannot make any further election in relation to Part B of the sample; and

    3. (c)

      that, if the competitor elects to have Part B of the sample tested:

      1. (i)

        the Agency will arrange for Part B of the sample to be tested on the testing day stated in a notice under paragraph 53 (3) (a); and

      2. (ii)

        the competitor is entitled to be present or represented at the testing of Part B of the sample; and

      3. (iii)

        the Agency will give the competitor notice of the result of the test as soon as practicable; and

      4. (iv)

        if the result of the test is positive, the competitor may choose an option mentioned in subregulation (4); and

    4. (d)

      that, if the competitor does not elect to have Part B of the sample tested:

      1. (i)

        the competitor is still entitled to make a submission in relation to the testing of Part A of the sample; and

      2. (ii)

        the competitor may waive his or her right to make a submission in relation to the testing of Part A of the sample; and

      3. (iii)

        the Agency will make a decision under regulation 30 whether or not to make an entry on the relevant register; and

    5. (e)

      the possible consequences, mentioned in subregulation (5), of a positive test result for the sample.

  4. (4)

    For subparagraph (3) (c) (iv), the options are that within 7 days after receiving the notice about the result of Part B of the sample, the competitor (or a person on the competitor’s behalf) may:

    1. (a)

      give the Agency a submission setting out any information or evidence that may affect the validity of the results of the testing of Part A or Part B of the sample; or

    2. (b)

      by giving the Agency a written notice, waive the competitor’s right to make a submission.

  5. (5)

    For paragraph (3) (e), the possible consequences are that:

    1. (a)

      the Agency may have to enter information about the test result on the relevant register; and

    2. (b)

      if the Agency enters information about the test result on the relevant register, the Agency must give written notice about the entry to:

      1. (i)

        each relevant national sporting organisation in relation to the competitor; and

      2. (ii)

        each relevant sporting organisation (if any) in relation to the competitor; and

      3. (iii)

        each relevant government agency in relation to the competitor.

  6. (6)

    Before the information notice is presumed to have been received by the competitor, the Agency may give the competitor oral notice of the matters mentioned in the information notice.

Note 1 Relevant national sporting organisation and relevant sporting organisation are defined in section 2 of the Act. Government agency is defined in regulation 3.

Note 2 Section 67A of the Act deals with giving written notices.

Note 3 Regulation 83 states when a notice that is given to a competitor is presumed to have been received.

53Election to have Part B of sample tested

  1. (1)

    If the Agency gives a competitor an information notice that includes the statements mentioned in subregulation 52 (3), the competitor may give the Agency a notice, in writing, within 7 days after receiving the information notice that the competitor:

    1. (a)

      elects to have Part B of the sample tested; or

    2. (b)

      does not elect to have Part B of the sample tested.

  2. (2)

    If the competitor does not notify the Agency under subregulation (1) within 7 days after receiving the information notice, the competitor cannot later make any election in relation to the testing of Part B of the sample.

  3. (3)

    If the competitor elects to have Part B of the sample tested:

    1. (a)

      the Agency must, as soon as practicable after the election, arrange for Part B to be tested on a particular day (the testing day); and

    2. (b)

      the Agency must give the competitor a notice, in writing, to that effect.

  4. (4)

    However, the Agency must not arrange for Part B of the sample to be tested on a day earlier than the day after the competitor is presumed to have received the notice mentioned in paragraph (3) (b).

  5. (5)

    If the competitor does not elect to have Part B of the sample tested:

    1. (a)

      the competitor is still entitled to make a submission in relation to the testing of Part A of the sample; and

    2. (b)

      the competitor may waive his or her right to make a submission in relation to the testing of Part A of the sample; and

    3. (c)

      the Agency will make a decision under regulation 30 whether or not to make an entry on the relevant register.

[25]Subregulation 55 (1)

substitute

  1. (1)

    This regulation applies if the Agency gives a competitor an information notice under subregulation 52 (2) and:

    1. (a)

      there is no Part B of the sample; or

    2. (b)

      there is a Part B of the sample and the competitor:

      1. (i)

        has not elected, within 7 days after receiving the notice, to have Part B of the sample tested; or

      2. (ii)

        does not make an election within 7 days after receiving the notice.

[26]Subregulation 55 (2)

omit

after receiving the written notice mentioned in subregulation 53 (2)

insert

after the end of the period mentioned in paragraph 52 (3) (a)

[27]Regulation 56

substitute

56Competitor’s rights if Part B of sample is to be tested

  1. (1)

    This regulation applies if the Agency arranges, under subregulation 53 (3), for Part B of the competitor’s sample to be tested.

  2. (2)

    The competitor is entitled to be present or represented at the testing of Part B of the sample (including the unsealing of the sample).

  3. (3)

    The testing of Part B of the sample must begin on the testing day mentioned in subregulation 53 (3).

  4. (4)

    However, if it is impracticable for the test to be conducted in accordance with subregulation (3):

    1. (a)

      the test may be conducted on a later day; and

    2. (b)

      the Agency must give the competitor reasonable notice of where and when the testing will be conducted and allow the competitor to be present.

  5. (5)

    Reasonable notice mentioned in paragraph (4) (b) may be given orally or in writing.

[28]Subregulation 57 (1)

substitute

  1. (1)

    This regulation applies if:

    1. (a)

      the Agency or the sporting administration body arranges, under subregulation 53 (3), for Part B of the competitor’s sample to be tested; and

    2. (b)

      the result of the test is positive.

[29]After regulation 58

insert in Subdivision 2.6.2

58ANotice about competitors’ rights etc — tampering with a sports drug matter

  1. (1)

    This regulation applies if:

    1. (a)

      the Agency asks a sporting administration body, under paragraph 17ZC (1) (a) of the Act, to arrange for a competitor to be asked to give a sample to determine whether the competitor has been using a relevant scheduled drug or doping method; and

    2. (b)

      the Agency decides that the competitor has tampered with a sports drug matter.

  2. (2)

    As soon as practicable after making the decision, the Agency must give the competitor a written notice stating that the competitor (or a person on the competitor’s behalf) may, within 7 days after receiving the notice:

    1. (a)

      give a written submission to the Agency setting out any reasonable cause for tampering with the sports drug matter; or

    2. (b)

      by giving a written notice to the Agency, waive the competitor’s right to make a submission.

58BSubmission about tampering with a sports drug matter

  1. (1)

    If the Agency gives a competitor a notice under regulation 58A, the competitor (or a person on the competitor’s behalf) may, within 7 days after receiving the notice mentioned in regulation 58A (the submission period):

    1. (a)

      give a written submission to the Agency setting out any reasonable cause for tampering with the sports drug matter; or

    2. (b)

      by giving a written notice to the Agency, waive the competitor’s right to make a submission.

  2. (2)

    If the competitor does not give the Agency a written submission or notice within the submission period, the competitor is taken to have waived the competitor’s right to make a submission.

  3. (3)

    Subregulation (4) applies if the Agency considers that the competitor is likely to take part in:

    1. (a)

      an international sporting competition; or

    2. (b)

      a sporting competition to select people to represent Australia in an international sporting competition.

  4. (4)

    Before the end of the submission period, the Agency may, by written notice to the competitor, substitute for the period of 7 days mentioned in subregulation (1) a shorter period that it considers appropriate in the circumstances.

  5. (5)

    The submission period is taken to have ended:

    1. (a)

      if, by written notice before the end of the submission period, the competitor waives the competitor’s right to make a submission — when the Agency receives the written notice; or

    2. (b)

      if the competitor gives the Agency a submission before the end of the submission period — when the Agency receives the submission.

Note 1 Section 67A of the Act deals with giving written notices.

Note 2 Regulation 83 states when a notice that is given to a competitor is presumed to have been received.

[30]Regulation 63A, note

omit

[31]After Division 2.6

insert

Division 2.7Disclosure of information

63BGiving information for purposes of drug testing programs

  1. (1)

    For section 17BA of the Act, this regulation applies to any of the following information:

    1. (a)

      information relating to the testing, attempted testing, and results of testing, of competitors under drug testing schemes or under arrangements covered by subsection 17ZC (1) of the Act;

    2. (b)

      information relating to decisions of the ASDMAC to approve, or to refuse to approve, the use of scheduled drugs for therapeutic purposes;

    3. (c)

      information provided to the Agency under drug testing schemes relating to where competitors can be found.

  2. (2)

    The Agency may give the information to 1, or more than 1, sporting administration bodies for the purposes of 1 or more drug testing programs.

  3. (3)

    However, the Agency must not give the information unless the Agency has taken reasonable steps to satisfy itself that the information disclosed will not be used or disclosed for other purposes.

  4. (4)

    In this regulation:

drug testing program means a program for the testing of people who participate in sports, to determine whether they are using particular drugs or doping methods.

63CMaking information on an entry publicly available

  1. (1)

    For section 17BB of the Act:

    1. (a)

      the Agency may make the name of a competitor that is included in an entry on the Register of Notifiable Events publicly available only if:

      1. (i)

        the relevant sporting administration body has completed a hearing process in accordance with Article 8 of the World Anti-Doping Code as amended from time to time; and

      2. (ii)

        the Agency is satisfied that the sporting administration body has had adequate time to release the information; and

    2. (b)

      the Agency may make any other information that is included in an entry on the Register of Notifiable Events publicly available in any circumstances.

  2. (2)

    For subregulation (1), the Agency may determine:

    1. (a)

      the way in which the information is to be made publicly available; and

    2. (b)

      the times at which the information is to be made publicly available.

[32]Subregulation 64 (1), at the foot

insert

Note An analytical investigative body also has the power to investigate a positive test result for the same purpose (see subregulation 25 (1)).

[33]Subregulation 64 (2)

omit

approval

insert

approval, in accordance with the International Standard for Therapeutic Use Exemptions as amended and in force from time to time,

[34]After subregulation 64 (2)

insert

  1. (2A)

    If a competitor has an approval for the use of a drug for therapeutic purposes, the ASDMAC may investigate the sample analysis result for a sample given by the competitor to find out whether the competitor has complied with the conditions of the approval.

Note An analytical investigative body also has the power to investigate the sample analysis result for the same purpose (see subregulation 25 (2)).

[35]After subregulation 64 (5)

insert

  1. (5A)

    If the Agency consults with the ASDMAC in relation to whether an approval for the use of a drug for therapeutic purposes counts, the ASDMAC may investigate the approval and give its opinion to the Agency.

  2. (5B)

    The ASDMAC may participate in a review or an appeal that is related directly or indirectly to a decision made by the ASDMAC:

    1. (a)

      to approve the use of a scheduled drug for therapeutic purposes; or

    2. (b)

      to refuse to approve the use of a scheduled drug for therapeutic purposes.

  3. (5C)

    The ASDMAC may give information to a sporting administration body that:

    1. (a)

      is related to a drug testing program; and

    2. (b)

      is related directly or indirectly to a decision made by the ASDMAC:

      1. (i)

        to approve the use of a scheduled drug for therapeutic purposes; or

      2. (ii)

        to refuse to approve the use of a scheduled drug for therapeutic purposes.

  4. (5D)

    However, the ASDMAC must not give information under subregulation (5C) unless the ASDMAC has taken reasonable steps to satisfy itself that the information disclosed will not be used or disclosed for other purposes.

Notes

1. These Regulations amend Statutory Rules 1999 No. 159, as amended by 2000 Nos. 87 and 253.

2. Notified in the Commonwealth of Australia Gazette

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