Australian Sports Drug Agency Drug Testing (Scheme A) Amendment Orders 2000 (No. 3) (Cth)
Australian Sports Drug Agency Drug Testing (Scheme A) Amendment Orders 2000 (No. 3)
I, NATALIE HOWSON, Chief Executive of the Australian Sports Drug Agency, on behalf of the Agency, make these Orders under regulation 7 of the Australian Sports Drug Agency Regulations 1999.
Dated 13 September 2000
NATALIE HOWSON
Chief Executive of the Australian Sports Drug Agency
Name of Orders
These Orders are the Australian Sports Drug Agency Drug Testing (Scheme A) Amendment Orders 2000 (No. 3).
Commencement
These Orders commence on gazettal.
Amendment of Australian Sports Drug Agency Drug Testing (Scheme A) Orders 1999
Schedule 1 amends the Australian Sports Drug Agency Drug Testing (Scheme A) Orders 1999.
Schedule 1 Amendments
(section 3)
[1] Reader’s Guide
substitute
Reader’s guide
Aim of the guide
1 The aim of this guide is to help you to understand the Australian Sports Drug Agency Drug Testing (Scheme A) Orders 1999 (the Scheme A Orders). However, the guide is not part of the Scheme A Orders and has no legal force.
2 The Scheme A Orders are made under the Australian Sports Drug Agency Regulations 1999 (the Regulations), which are made under the Australian Sports Drug Agency Act 1990 (the Act).
Definitions
3 Some of the words and phrases used in the guide and the Scheme A Orders are defined in the Act, some are defined in the Regulations, and some are defined in section 3 of the Scheme A Orders.
4 Words and expressions used in the Regulations or the Scheme A Orders that are defined in the Act have the same meaning in the Regulations and Scheme A Orders as they do in the Act (see Acts Interpretation Act 1901, paragraph 46 (1) (a)). For example, subsection 2 (1) of the Act contains definitions of Agency, Commission, competitor, drug testing scheme, sample and scheduled drug or doping method.
5 Similarly, words and expressions used in the Scheme A Orders that are defined in the Regulations have the same meaning in the Scheme A Orders as they do in the Regulations. For example, regulation 3 of the Regulations contains definitions of Act, Scheme A and Scheme A register.
Overview of the drug testing legislative scheme
6 Part 3 of the Act is about drug testing schemes. Subsection 11 (1) in Part 3 of the Act provides that the Regulations may formulate one or more drug testing schemes. There is a comprehensive definition of drug testing scheme in subsection 11 (2) of the Act.
7 Under the Regulations, the Agency may ask competitors to give biological or breath samples and, if asked for a sample, a competitor must give one except in particular circumstances set out in the Regulations. The Regulations also provide that the Agency may arrange for samples to be tested for the presence of a scheduled drug or doping method.
8 Under section 17ZC of the Act, the Agency may ask a sporting administration body to arrange for a person to be asked for a sample and to arrange testing of the sample. That power will generally be used by the Agency if a competitor is competing overseas and the Agency therefore needs to rely on a foreign sporting administration body to arrange any drug testing required.
9 The Agency will generally enter details of a competitor’s failure to comply with a request for a sample, or of a positive test result in relation to a prohibited drug or doping method, on the relevant Register of Notifiable Events. Competitors have certain rights in relation to requests for samples and related matters, many of which are set out in Division 2.6 of the Regulations.
10 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. The Regulations also deal with other matters related to drug testing for other Parts of the Act.
11 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, for the scheme. Regulation 7 provides that the Agency may make orders for Scheme A with respect to any matter for which the scheme may or must provide. The Scheme A Orders are made under that regulation.
12 Scheme A consists of Parts 2 and 3 of the Regulations and the Scheme A Orders. Scheme A provides for urine testing of competitors for drugs or doping methods. The Scheme A Orders set out some of the finer details of Scheme A in accordance with Part 2 of the Regulations, such as the procedures to be followed when a competitor gives a sample in response to a request under the Regulations.
13 Regulation 7B provides that the Agency may make orders about any matter for which Scheme B may or must provide. The Australian Sports Drug Agency Drug Testing (Scheme B) Orders 2000 (the Scheme B Orders) are made under that regulation. Scheme B consists of Parts 2 and 3 of the Regulations and the Scheme B Orders. Scheme B provides for blood testing of competitors for drugs or doping methods.
14 To detect some substances, such as erythropoietin, a urine sample collected under Scheme A and a blood sample collected under Scheme B may both be tested.
15 To understand fully the Scheme A Orders, it may be necessary to refer to the Act and the Regulations. Notes have been included in the Regulations and the Scheme A Orders to help you to work out how the Act, the Regulations and the Scheme A Orders fit together. However, the notes themselves have no legal force.
[2] Section 3, definitions of part A sample bottle and part A security container
substitute
part A sample bottle means a bottle marked A that:
(a) forms part of a test kit or test pack; and
(b) is suitable for containing part A of a urine sample given under Scheme A.
part A security container means a container marked A that:
(a) forms part of a test pack; and
(b) is suitable for containing securely a urine sample given under Scheme A that is contained in a part A sample bottle.
[3] Section 3, definitions of part B sample bottle and part B security container
substitute
part B sample bottle means a bottle marked B that:
(a) forms part of a test kit or test pack; and
(b) is suitable for containing part B of a urine sample given under Scheme A.
part B security container means a container marked B that:
(a) forms part of a test pack; and
(b) is suitable for containing securely a urine sample given under Scheme A that is contained in a part B sample bottle.
[4] Section 3, definition of sample collection container
substitute
sample collection container means a container suitable for collecting a urine sample under Scheme A.
[5] Section 5
substitute
5 Repeatedly not being satisfied
(1) If, for a provision in Part 2 of these Orders, a competitor must be satisfied of a matter in relation to a thing, and after considering 3 of the things the competitor is not satisfied of the matter in relation to 1 of the things:
(a) the drug control official must instruct the competitor to choose another of the things from a number of similar things; and
(b) 2 Agency representatives must decide if they are satisfied of the matter in relation to the thing chosen under paragraph (a).
(2) If the Agency representatives are not satisfied of the matter in relation to the thing chosen under paragraph (1) (a), the steps mentioned in paragraphs (1) (a) and (b) must be repeated until the Agency representatives are so satisfied.
(3) A decision by 2 Agency representatives under paragraph (1) (b) or subsection (2) that they are satisfied of a matter in relation to a thing is taken, for the purposes of this Scheme, to be a decision by the competitor that the competitor is satisfied of that matter in relation to that thing.
(4) In this section, satisfied includes, if the case requires, reasonably satisfied.
[6] Section 8, note
substitute
Note Subsection 17A (1) of the Act provides that a drug testing scheme may set out procedures for dealing with a sample.
Subsection 17A (2) provides that a drug testing scheme may provide that strict compliance with those procedures is not required and substantial compliance is sufficient.
Subsection 17A (3) provides that subsection 17A (2) does not apply to procedures relating to the following matters:
(a) if samples are tested by accredited laboratories — the accredited laboratories;
(b) if samples are tested using particular analytical techniques and equipment — the analytical techniques;
(c) ensuring that a sample is not tampered with;
(d) ensuring that a sample is securely contained and identified.
[7] Sections 12 and 13
omit
[8] Paragraphs 14 (1) (d) and (e)
substitute
(d) a description of what will happen if the competitor fails to comply with the Agency’s request for a sample; and
(e) a description of what may happen if the result of the testing of a urine sample given by the competitor is positive.
[9] After subsection 15 (2)
insert
(3) If the competitor signs the drug testing notification form, the chaperone must give the competitor a copy of the signed form.
(4) A failure by a chaperone to give a competitor a copy of a signed drug testing notification form does not affect any obligation of the competitor to comply with the Agency’s request to provide a sample.
[10] After section 17
insert
17A Defective sample collection containers
(1) This section applies if the drug control official instructs the competitor to select a sample collection container under this Division.
(2) The drug control official must:
(a) check that the container is not defective; and
(b) instruct the competitor to check that the container is not defective.
(3) The drug control official must instruct the competitor to select another sample collection container in accordance with section 17 if there are reasonable grounds for believing that:
(a) the container is defective; and
(b) if used to collect the competitor’s sample, the defective container could adversely affect the secure containment of the competitor’s sample.
[11] Paragraph 19 (2) (a)
omit
sample bottle marked A
insert
part A sample bottle
[12] Paragraph 19 (2) (b)
substitute
(b) a lid for the part A sample bottle that:
(i) is also sealed in that bag; and
(ii) also has the same identification number as the container; and
(iii) can be used to seal the bottle to prevent tampering; and
[13] Paragraph 19 (2) (c)
omit
sample bottle marked B
insert
part B sample bottle
[14] Paragraph 19 (2) (d)
substitute
(d) a lid for the part B sample bottle that:
(i) is also sealed in that bag; and
(ii) also has the same identification number as the container; and
(iii) can be used to seal that bottle to prevent tampering.
[15] Subsection 20 (5)
substitute
(5) Subsection (4) applies until subsection (6) is satisfied.
(6) This subsection is satisfied when the competitor and the drug control official are reasonably satisfied that the competitor has chosen a test kit that has not been tampered with.
[16] Section 21
substitute
21 Checking the test kit numbers
(1) This section applies after subsection 20 (6) is satisfied.
(2) The drug control official must instruct the competitor:
(a) to remove from the test kit container the 2 bottles inside the container; and
(b) to check that 1 of the bottles removed from the test kit container is a part A sample bottle and the other is a part B sample bottle; and
(c) to look at the identification numbers on the test kit container, on each of the bottles and on each of the lids of the bottles to check that the numbers are the same.
(3) The drug control official must also look at the numbers to check that they are the same.
(4) If the competitor or the drug control official finds that the numbers are not the same, the drug control official must instruct the competitor to choose another test kit from a number of test kits.
(5) Section 20 and subsections (2), (3) and (4) apply until subsection (6) is satisfied.
(6) This subsection is satisfied when the competitor and the drug control official:
(a) are reasonably satisfied that the competitor has chosen a test kit that has not been tampered with; and
(b) are satisfied that 1 of the bottles removed from the test kit container is a part A sample bottle and the other is a part B sample bottle; and
(c) are satisfied that the identification numbers on the test kit container, on each of the 2 bottles removed from the test kit container and on each of the lids of the bottles are the same.
[17] Subsection 22 (1)
substitute
(1) This section applies after subsection 21 (6) is satisfied.
[18] Subsection 22 (3)
omit
bags
insert
bag
[19] Subsection 22 (4)
substitute
(4) Sections 20 and 21 and subsections (2) and (3) apply until subsection (5) is satisfied.
(5) This section is satisfied when the competitor and the drug control official:
(a) are reasonably satisfied that the competitor has chosen a test kit that has not been tampered with; and
(b) are satisfied that 1 of the bottles removed from the test kit container is a part A sample bottle and the other is a part B sample bottle; and
(c) are satisfied that the identification numbers on the test kit container, on each of the 2 bottles removed from the test kit container and on each of the lids of the bottles are the same; and
(d) are reasonably satisfied that the part A sample bottle and its lid are clean.
[20] Subsection 23 (1)
substitute
(1) This section applies after subsection 22 (5) is satisfied and if the drug control official decides that the competitor has passed a urine sample that is insufficient for testing.
[21] Subsection 23 (4)
substitute
(4) Paragraph (2) (b) and subsection (3) apply until subsection (5) is satisfied.
(5) This subsection is satisfied when the competitor and the drug control official are reasonably satisfied that the competitor has chosen a temporary sealing cap that is clean and has not been tampered with.
[22] Subsection 24 (1)
substitute
(1) This section applies after subsections 22 (5) and 23 (5) are satisfied and after the competitor has poured the urine in the sample collection container into the part A sample bottle.
[23] Section 27
substitute
27 Checking that part B sample bottle is clean etc
(1) This section applies after subsection 22 (5) is satisfied and after the competitor has passed:
(a) a urine sample that the drug control official decides is a sufficient sample for testing; or
(b) an insufficient urine sample and an additional partial sample (or a series of additional partial samples) that the drug control official decides together constitute a sufficient sample for testing.
(2) The drug control official must:
(a) instruct the competitor to check that the seal on the bag containing the part B sample bottle is intact; and
(b) if the competitor and the drug control official are reasonably satisfied that the seal is intact, instruct the competitor:
(i) to open the bag containing the part B sample bottle; and
(ii) to check that the bottle and the lid of the bottle are clean.
(3) If the competitor or the drug control official is not reasonably satisfied that the seal on the bag containing the part B sample bottle is intact and that the bottle and its lid are clean, the drug control official must instruct the competitor to choose another test kit from a number of test kits.
(4) Sections 20, 21, 22 and subsections (2) and (3) apply until subsection (5) is satisfied.
(5) This subsection is satisfied when the competitor and the drug control official:
(a) are reasonably satisfied that the competitor has chosen a test kit that has not been tampered with; and
(b) are satisfied that 1 of the bottles removed from the test kit container is a part A sample bottle and the other is a part B sample bottle; and
(c) are satisfied that the identification numbers on the test kit container, on each of the 2 bottles removed from the test kit container and on each of the lids of the bottles are the same; and
(d) are reasonably satisfied that the sample bottles and their lids are clean.
27A Checking that seals on bottles are intact
(1) This section applies after subsection 27 (5) is satisfied.
(2) The drug control official must instruct the competitor to check that the sealing mechanism in the lid of each sample bottle appears to be intact.
(3) If the competitor or the drug control official is not reasonably satisfied that the sealing mechanism in each of the lids appears to be intact, the drug control official must instruct the competitor to choose another test kit from a number of test kits.
(4) Sections 20, 21, 22 and 27 and subsections (2) and (3) apply until subsection (5) is satisfied.
(5) This subsection is satisfied when the competitor and the drug control official:
(a) are reasonably satisfied that the competitor has chosen a test kit that has not been tampered with; and
(b) are satisfied that 1 of the bottles removed from the test kit container is a part A sample bottle and the other is a part B sample bottle; and
(c) are satisfied that the identification numbers on the test kit container, on each of the 2 bottles removed from the test kit container and on each of the lids of the bottles are the same; and
(d) are satisfied that the part A and part B sample bottles and their lids are clean; and
(e) are satisfied that the sealing mechanism in each of the lids appears to be intact.
[24] Subsection 28 (1)
substitute
(1) This section applies after subsection 27A (5) is satisfied.
[25] Subsections 32 (3) and (4)
substitute
(3) If a competitor, or another person, contravenes subsection (1) or (2), the drug control official:
(a) must give the Agency a written notice reporting the matter as soon as practicable; and
(b) may instruct the competitor to give an additional urine sample.
[26] Subsection 34 (2)
substitute
(2) The test pack mentioned in subsection (1) consists of a sealed plastic bag that has an identification number and contains the sample bottles and security containers mentioned in subsections (3) and (4).
Example The Versapak test pack.
(3) The sample bottles are a part A sample bottle and a part B sample bottle that each have:
(a) the same identification number as the plastic bag; and
(b) a lid.
(4) The security containers are:
(a) a part A security container that has:
(i) the same identification number as the plastic bag; and
(ii) a lid described in subsection (5); and
(b) a part B security container that has:
(i) the same identification number as the plastic bag; and
(ii) a lid described in subsection (6).
(5) For subparagraph (4) (a) (ii) the lid is a lid:
(a) that is marked A; and
(b) that has the same identification number as the plastic bag; and
(c) that can be used to seal the container to prevent tampering.
(6) For subparagraph (4) (b) (ii) the lid is a lid:
(a) that is marked B; and
(b) that has the same identification number as the plastic bag; and
(c) that can be used to seal the container to prevent tampering.
[27] Subsection 35 (5)
substitute
(5) Subsections (1), (2), (3) and (4) apply until subsection (6) is satisfied.
(6) This subsection is satisfied when the competitor and the drug control official:
(a) are reasonably satisfied that the competitor has chosen a sealed plastic bag containing a partial sample container that:
(i) has not been tampered with; and
(ii) contains a clean bottle with a clean bottle lid; and
(b) are satisfied that the identification numbers on the plastic bag, on the outside of the container, on the lid of the container and on the bottle are the same.
[28] Subsections 36 (1) and (2)
substitute
(1) This section applies after subsection 35 (6) is satisfied.
(2) The drug control official must:
(a) instruct the competitor to pour the sample so far collected in the sample collection container into the bottle; and
(b) instruct the competitor to close the bottle by securing the lid on the bottle; and
(c) instruct the competitor to check whether the bottle leaks by turning the bottle upside down; and
(d) if the bottle does not leak, instruct the competitor to place the bottle in the partial sample container and seal the partial sample container.
[29] Paragraph 36 (4) (b)
omit
test kit
insert
test pack
[30] Subsection 36 (5)
omit
sample
[31] After subsection 36 (5)
insert
(5A) The drug control official must:
(a) complete an insufficient sample form for the sample; and
(b) instruct the chaperone who watched the competitor pass the sample to record and sign a statement to that effect on the drug testing form for the sample.
[32] Subsection 36 (8)
omit
partial security container
insert
partial sample container
[33] Subsection 39 (5)
substitute
(5) Subsection (4) applies until subsection (6) is satisfied.
(6) This subsection is satisfied when the competitor and the drug control official are reasonably satisfied that the competitor has chosen a test pack that has not been tampered with.
[34] Section 40
substitute
40 Checking the test pack numbers
(1) This section applies after subsection 39 (6) is satisfied.
(2) The drug control official must instruct the competitor:
(a) to remove from the test pack bag the 2 security containers inside the bag and remove from the security containers the bottles inside the containers; and
(b) to check that 1 of the security containers, its lid and 1 of the bottles are marked A and the other security container, its lid and the other bottle are marked B; and
(c) to check that the identification numbers on the test pack bag, on each of the bottles, on each of the security containers and on each of the lids of the security containers are the same.
(3) The drug control official must also look at the numbers to check that they are the same.
(4) If the competitor or the drug control official finds that the numbers are not the same, the drug control official must instruct the competitor to choose another test pack from a number of test packs.
(5) Section 39 and subsections (2), (3) and (4) apply until subsection (6) is satisfied.
(6) This subsection is satisfied when the competitor and the drug control official:
(a) are reasonably satisfied that the competitor has chosen a test pack that has not been tampered with; and
(b) are satisfied that 1 of the security containers in the test pack bag, its lid and 1 of the bottles in the bag are marked A and the other security container, its lid and the other bottle in the bag are marked B; and
(c) are satisfied that the identification numbers on the test pack bag, on each of the bottles, on each of the security containers and on each of the lids of the security containers are the same.
[35] Subsection 41 (1)
substitute
(1) This section applies after subsection 40 (6) is satisfied.
[36] Subsection 41 (4)
substitute
(4) Sections 39 and 40 and subsections (2) and (3) apply until subsection (5) is satisfied.
(5) This subsection is satisfied when the competitor and the drug control official:
(a) are reasonably satisfied that the competitor has chosen a test pack that has not been tampered with; and
(b) are satisfied that 1 of the security containers in the test pack bag, its lid and 1 of the bottles are marked A and the other security container, its lid and the other bottle in the bag are marked B; and
(c) are satisfied that the identification numbers on the test pack bag, on each of the bottles, on each of the security containers and on each of the lids of the security containers are the same; and
(d) are reasonably satisfied that the bottles and their lids are clean.
[37] Subsection 42 (1)
substitute
(1) This section applies after subsection 41 (5) is satisfied and after the drug control official decides that the competitor has passed:
(a) a urine sample that is sufficient for testing; or
(b) an insufficient urine sample and an additional partial sample (or a series of additional partial samples) that together constitute a sufficient sample for testing.
[38] After Subdivision 2.2.3
insert
Subdivision 2.2.4 Effect of defects
47A Defective test kits or test packs
(1) This section applies if the drug control official instructs the competitor to select a test kit or test pack under this Division.
(2) The drug control official must:
(a) instruct the competitor to check that the items that make up the test kit or test pack are not defective; and
(b) check that the items that make up the test kit or test pack are not defective.
(3) Subsection (4) applies if there are reasonable grounds for believing that:
(a) an item forming part of the test kit or test pack is defective; and
(b) if used to contain the competitor’s sample, the defective item could adversely affect the secure containment or identification of the competitor’s sample.
(4) The drug control official must instruct the competitor to select another test kit or test pack in accordance with the relevant provisions of this Division.
[39] Subsection 49 (2)
omit
subsection (2),
insert
subsection (1),
[40] Section 60
omit
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0
0