Australian Sports Drug Agency Drug Testing (Scheme B) Amendment Orders 2002 (No. 1) (Cth)

Australian Sports Drug Agency Drug Testing (Scheme B) Amendment Orders 2002 (No. 1)

I, JOHN MENDOZA, Chief Executive of the Australian Sports Drug Agency, make these Orders under regulation 7B of the Australian Sports Drug Agency Regulations 1999.

Dated   2002

JOHN MENDOZA

Chief Executive of the Australian Sports Drug Agency

1. Name of Orders

These Orders are the Australian Sports Drug Agency Drug Testing (Scheme B) Amendment Orders 2002 (No. 1).

1. Commencement

These Orders commence on gazettal.

1. Amendment of Australian Sports Drug Agency Drug Testing (Scheme B) Orders 2000

Schedule 1 amends the Australian Sports Drug Agency Drug Testing (Scheme B) Orders 2000.

Schedule 1        Amendment

(section 3)

[1]           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 an item mentioned in subsection (2) (for example, that an item of blood testing collection equipment has not been tampered with) and, after considering 3 items of the same kind, the competitor is not satisfied of the matter in relation to 1 of the items:

(a)    the drug control official must instruct the competitor to choose another of the items from a number of items of the same kind; and

(b)    2 Agency representatives must decide if they are satisfied of the matter in relation to the item chosen under paragraph (a).

(2)   For subsection (1), the items are:

(a)    an item of blood testing collection equipment;

(b)    a test kit;

(c)    a part 1 sample bottle;

(d)    a lid for a part 1 sample bottle;

(e)    a part 2 sample bottle;

(f)    a lid for a part 2 sample bottle.

(3)   If the Agency representatives are not satisfied of the matter in relation to the item chosen under paragraph (1) (a), the steps mentioned in paragraphs (1) (a) and (b) must be repeated until the Agency representatives are so satisfied.

(4)   A decision by 2 Agency representatives under paragraph (1) (b) or subsection (3) that they are satisfied of a matter in relation to an item 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 item.

(5)   In this section, satisfied includes, if the case requires, reasonably satisfied.

Note   This section is designed to prevent a competitor from frustrating the sample collection process by repeatedly refusing to be satisfied, for example, that an item of blood testing collection equipment has not been tampered with.