Australian Sports Drug Agency Regulations 1999 (Cth)
made under the
This compilation was prepared on 6 August 2004
taking into account amendments up to SR 2004 No. 236
Prepared by the Office of Legislative Drafting
Attorney-General’s Department, Canberra
Division 2.2 Drug testing officials and chaperones
Subdivision 2.2.2 Sporting administration body representatives
Subdivision 2.6.1 Rights when Agency arranges testing
Subdivision 2.6.2 Rights when sporting administration body arranges testing
Part 6 Repeal of the Australian Sports Drug Agency Regulations
The aim of this guide is to help you to understand the
Some of the words and phrases used in the guide and the
Regulations are defined in the
Words and expressions used in the Regulations that are defined
in the Act have the same meaning in the Regulations as they do in the Act (see
Section 4A of the Act provides that tampering with a sports drug matter includes an attempt to tamper with that matter.
The Regulations replace the Australian Sports Drug Agency Regulations (as amended) which were made in 1990.
Part 3 of the Act is about drug testing schemes. Subsection
11 (1) of the Act (which is in Part 3 of the Act) provides that the
Regulations may formulate one or more drug testing schemes. There is a
comprehensive definition of
The Regulations set out some of the important details of drug
testing schemes called
The Regulations also deal with other matters relating to drug testing in accordance with other parts of the Act. Under the Regulations, the Agency may ask competitors to provide information about their whereabouts, to give bodily samples, and, if asked for a sample, a competitor must give the sample requested except in particular circumstances set out in the Regulations. The Regulations also provide that the Agency may arrange for competitors’ samples to be tested for the presence of a scheduled drug or doping method. 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 for the sample to be tested. That power will generally be used by the Agency when a competitor is competing overseas and the Agency needs to rely on a foreign sporting administration body to arrange any drug testing required in relation to the competitor.
The Agency will generally enter details of a competitor’s failure to comply with a request for a sample or a positive test result on the Register of Notifiable Events for the relevant drug testing scheme that is maintained by the Agency. 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. 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.
Section 17G of the Act provides that a drug testing scheme may
empower the Agency to make orders, to be known as
see the
Regulation 7B provides that the Agency may make orders about
any matter for which Scheme B may or must provide: see the
To fully understand the Regulations, it may be necessary to refer to the Act and the Orders. Notes have been included in the Regulations and will be included in the Orders to help you to work out how the Act, the Regulations and the Orders fit together. However, the notes have no legal force.
These regulations are the
Australian Sports Drug Agency Regulations 1999 .
These regulations commence on the commencement of the
Australian Sports Drug Agency Amendment Act 1999 .
In these regulations:
Act means theAustralian Sports Drug Agency Act 1990 .
Agency representative means:
(a) a drug control official; or
(b) a chaperone; or
(c) a phlebotomist.
chaperone means:
(a) a drug control official; or
(b) a person appointed by the Agency as a chaperone.
drug control official means a person appointed by the Agency to be a drug control official for these regulations.
government agency has the meaning given by subsection 67C (3) of the Act.
government sports agency means the Agency, the Commission, the Australian Institute of Sport or the Department.
Part A , of a sample given by a competitor:
(a) has the meaning given by the Scheme A Orders; and
(b) includes, subject to regulation 63A, Part 1 of a blood sample referred to in Scheme B Orders; and
(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.
personal interest , in relation to the collection or outcome of the testing of a sample, has the meaning given by regulation 4.
phlebotomist means a person approved by the Agency as a phlebotomist under regulation 9A.
relevant orders , for a competitor, means the orders made for a drug testing scheme that applies to the competitor.
relevant register , for a competitor, means the Register of Notifiable Events maintained by the Agency for the drug testing scheme that applies to the competitor.
relevant scheduled drug or doping method , for a competitor who is asked, under a drug testing scheme, for a sample in relation to the competitor competing in a particular sport, means a drug or doping method that is:
(a) included in the schedule of drugs and doping methods set out in the relevant scheme; and
(b) stated by the scheme to be a drug or doping method applicable to that sport.
relevant scheme , for a competitor, means the drug testing scheme that applies to the competitor.
relevant sporting administration body , for a competitor, means a sporting administration body for the sport in which the competitor is competing.
representative , for a competitor, means:
(a) a person chosen by the competitor to monitor the collection of a sample from the competitor (the
collection process ); or(b) an interpreter chosen by a competitor to help the competitor during the collection process.
Scheme A means the drug testing scheme mentioned in regulation 6.
Scheme A Orders means the orders made for Scheme A, as in force from time to time.
Scheme B means the drug testing scheme mentioned in regulation 7A.
Scheme B Orders means the orders made for Scheme B, as in force from time to time.
sporting administration body representative means a person appointed by a sporting administration body to arrange, at the request of the Agency under paragraph 17ZC (1) (a) of the Act, for a person who competes in a particular sport to be asked to give a sample to determine whether the person has been using any scheduled drug or doping method.
test includes a series of tests.
testing , for a sample given by a competitor under the relevant scheme, means testing of the sample arranged by the Agency, or a sporting administration body, under the scheme, for the presence of any relevant scheduled drug or doping method.
Note For the meaning ofAgency ,Commission ,competitor ,drug testing scheme ,negative test result ,positive test result ,sample andscheduled drug or doping method , see subs 2 (1) of the Act.
For these regulations, a person is taken to have a
personal interest in the collection or outcome of the testing of a sample of a competitor if:
(a) the person has a direct or indirect pecuniary interest in the outcome of the testing of the sample; or
(b) the person participates in, or is involved in the administration of, a sport in which the competitor competes; or
(c) the person is a member of, or is involved in the administration of, a sporting organisation of which the competitor is a member; or
(d) the sample is to be collected at, or in relation to, a particular sporting event or sporting venue and the person is involved in the administration (other than under these regulations or the relevant orders) of that event or venue; or
(e) the person is related to, or has some involvement in the affairs of, the competitor.
This Part sets out some of the details of any drug testing scheme formulated under subsection 11 (1) of the Act.
Note Other details of any drug testing scheme so formulated may be set out in the drug testing orders made for the scheme under this Part (see r 7).
(1) There is to be a drug testing scheme called Scheme A.
(2) Scheme A applies to all competitors.
(3) Scheme A consists of the requirements of this Part, Part 3 and any orders made under regulation 7.
The Agency may make drug testing orders for Scheme A with respect to any matter for which Scheme A may or must provide.
(1) There is to be a drug testing scheme called Scheme B.
(2) Scheme B applies to all competitors.
(3) Scheme B consists of the requirements of this Part, Part 3 and any orders made under regulation 7B.
The Agency may make drug testing orders for Scheme B with respect to any matter for which Scheme B may or must provide.
(1) The Agency may appoint a person to be a drug control official for 1, or more than 1, drug testing scheme.
(2) The Agency must make sure that each drug control official is given an identity card that bears a recent photograph of the official.
(1) The Agency may appoint a person to be a chaperone for 1, or more than 1, drug testing scheme.
(2) A drug control official is also a chaperone.
Note Under r 81, the Agency may, by resolution, delegate all or any of its powers under the regulations (including, for example, the power to ask a competitor to give the Agency a sample to detect whether the competitor has used a scheduled drug or doping method) to a drug control official or an employee of the Agency. Under subr 82 (1), a drug control official may delegate to a chaperone all or any of the official’s powers under these regulations except the power to delegate under that subregulation.
The Agency may approve a person as a phlebotomist for Scheme B if the Agency is satisfied on reasonable grounds that the person is qualified to perform the blood collection procedure under Scheme B.
(1) The Agency must make sure that each chaperone is given an identity card.
(2) If a chaperone is a drug control official, the card must bear a recent photograph of the official.
(3) If a chaperone is not a drug control official, the card must bear the signature of an Agency employee.
(4) The Agency must make sure that each phlebotomist is given an identity card.
(5) An identity card for a phlebotomist must bear the signature of an Agency employee.
(6) A person who ceases to be a chaperone or a phlebotomist must return his or her identity card to the Agency on the day when the person ceases to be a chaperone or phlebotomist.
If a competitor asks an Agency representative to produce his or her identity card:
(a) the Agency representative must do so; and
(b) the competitor is not required to comply with a request made by the representative until the representative produces his or her identity card.
(1) The Agency must make sure that the conditions of service applicable to Agency representatives require the representatives to report to the Agency any personal interest in the collection or outcome of the testing of a sample given by a competitor.
(2) If an Agency representative reports a personal interest in the collection or outcome of the testing of a sample given by a competitor, the Agency may direct another Agency representative to carry out the duties of the Agency representative in relation to the collection or testing of a sample given by the competitor.
Note For the meaning ofpersonal interest , see r 4.
(1) This regulation applies if, under paragraph 17ZC (1) (a) of the Act, the Agency asks a sporting administration body to arrange for a person who competes in a particular sport to be asked to provide a sample to determine whether the person has been using a relevant scheduled drug or doping method.
(2) The Agency must make sure that the conditions of service applicable to persons appointed by the sporting administration body to be sporting administration body representatives require the representatives to report to the sporting administration body any personal interest in the collection or outcome of the testing of a sample of a competitor that is arranged by the Agency under paragraph 17ZC (1) (a).
(3) The Agency must also make sure that, if a sporting administration body representative reports a personal interest in the collection or outcome of the testing of a sample of a competitor, the sporting administration body may direct another sporting administration body representative to carry out the duties of the representative in relation to the collection or testing of a sample of the competitor
. Note For the meaning ofpersonal interest , see r 4.
(1) The Agency may ask a competitor to keep the Agency informed of where the competitor can be found.
(2) The request:
(a) must be made orally or by written notice; and
(b) must:
(i) explain how the competitor is to keep the Agency informed; and
(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.(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:
(a) the competitor’s spouse;
(b) the competitor’s parent or guardian;
(c) the competitor’s coach;
(d) a representative of a relevant sporting administration body.
Note Section 67A of the Act deals with giving written notices.
If the Agency is having difficulty finding a competitor in order to make a request under subregulation 13A (1), the Agency may ask:
(a) a relevant sporting administration body; or
(b) a person who knows, or is related to, the competitor;
for help in finding the competitor.
(1) The orders for a drug testing scheme must include a schedule of drugs and doping methods for the scheme.
(2) The schedule of drugs and doping methods for each scheme must state the drugs and doping methods and the permitted levels (if any) of those scheduled drugs or doping methods that are applicable to each sport within the ambit of the scheme.
(1)The Agency may ask a competitor to give the Agency a sample to detect whether the competitor has used a relevant scheduled drug or doping method.
(2) Subregulation (3) applies if, in the course of an investigation conducted by the ASDMAC or an analytical investigative body, in relation to a sample provided by a competitor, the ASDMAC or the analytical investigative body asks the Agency to ask the competitor for 1, or more than 1, additional sample for the investigation.
(3) The Agency may ask the competitor for the additional sample or samples.
(4) Nothing in these Regulations prevents the Agency from asking a competitor to give, on the same day, a urine sample under Scheme A and a blood sample under Scheme B.
Note Under subs 17ZC (1) of the Act, the Agency may ask a sporting administration body to arrange for a person who competes in a particular sport to be asked to give a sample to determine whether the person has been using relevant scheduled drugs or doping methods and to arrange the testing of any sample given.
In the course of an investigation conducted by the ASDMAC or an analytical investigative body, in relation to a sample provided by a competitor, the ASDMAC or the analytical investigative body may ask the Agency to ask the competitor for 1, or more than 1, additional sample for the investigation.
(1) The Agency may ask a competitor for a sample orally or by written notice.
Note Section 67A of the Act deals with giving written notices.(2) A request for a sample must state:
(a) the place where the competitor is to give the sample; and
(b) when the competitor must go to the place for that purpose.
(3) If the Agency asks an intellectually disabled competitor for a sample, the Agency must give at least 1 of the following persons oral or written notice that the request has been made:
(a) the competitor’s spouse;
(b) the competitor’s parent or guardian;
(c) the competitor’s coach;
(d) a representative of a relevant sporting administration body.
(4) If it would be unreasonable to require the competitor to go to the stated place at the stated time, the Agency may agree with the competitor to collect the sample at a different time or place.
(5) When asking a competitor for a sample, the Agency must comply with regulation 37.
(6) If the Agency has made reasonable attempts to locate a competitor, the Agency may ask a person who knows, or is related to, the competitor for help in locating the competitor.
(1) This regulation applies if the Agency asks a competitor for a sample under regulation 17.
(1A) The Agency must make reasonable efforts to ensure that its request is understood.
(2) If the competitor is unable to receive or understand the request for a sample (for example, because the competitor is deaf), the Agency may communicate with the competitor through an interpreter.
(3) If the Agency needs to give notice of the request for a sample to a person mentioned in paragraph 17 (3) (a), (b), (c) or (d) and that person is unable to understand English, or otherwise has difficulty communicating in English, the Agency may communicate with the person through an interpreter.
(1) This section applies if a place stated under paragraph 17 (2) (a) is more than 50 kilometres from the place where the request is received.
(2) The Agency must offer to pay the reasonable expenses of the competitor incurred in travelling from the place where the request was received to the stated place.
(3) The Agency may also offer to pay the reasonable expenses of the competitor incurred in travelling from the place where the request was received to the stated place if it is otherwise reasonable to do so.
The orders for a drug testing scheme may state the procedures for collecting and dealing with samples given in response to a request under the scheme.
(1) Subregulation (2) applies if:
(a) the Agency has asked a competitor for a sample under regulation 17; and
(b) it appears to the Agency that the competitor is likely to fail to comply with the request; and
(c) it appears to the Agency that a sporting administration body should be given the opportunity to try to persuade the competitor to comply with the request.
(2) The Agency may tell the sporting administration body that the competitor appears to be likely to fail to comply with the request.
(1) Subregulation (2) applies if:
(a) the Agency has asked a competitor for a sample under regulation 17; and
(b) the competitor claims to have retired from taking part in sporting competition.
(2) The Agency may ask a sporting administration body to tell the Agency whether the competitor has notified the body that he or she has retired from taking part in sporting competition and, if so, the date of notification.
(3) The competitor is not required to give the sample if:
(a) the Agency asks a sporting administration body whether the competitor has retired from taking part in sporting competition; and
(b) the sporting administration body tells the Agency, in writing, that the competitor has retired from taking part in sporting competition.
(1) This regulation applies if:
(a) the Agency asks a competitor for a sample under regulation 17; and
(b) the competitor gives the sample in response to the Agency’s request.
(2) The Agency may use analytical techniques and equipment to test the sample for the presence of any relevant scheduled drug or doping method.
(1) This regulation applies:
(a) if the Agency asks a competitor for a sample under regulation 17; and
(b) if the competitor gives the sample in response to the Agency’s request; and
(c) whether or not the Agency has used analytical techniques and equipment to test the sample for the presence of any relevant scheduled drug or doping method.
(2) The Agency may ask an accredited laboratory to test the sample for the presence of any relevant scheduled drug or doping method.
Note 1 For the meaning ofaccredited laboratory , see s 66 of the Act and r 84.Note 2 Section 14 of the Act provides that for the application of Pt 3 of the Act to a particular drug testing scheme, a positive test result in relation to a competitor is, among other things, a finding made:(a) by an accredited laboratory; or
(b) using specified analytical techniques and equipment.
Note 3 Under subs 17ZC (1) of the Act, the Agency may ask a sporting administration body to arrange for a person who competes in a particular sport to be asked to provide a sample to determine whether the person has been using relevant scheduled drugs or doping methods and to arrange the testing of any sample given for that purpose.
(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)).(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)).
(1) This regulation applies if:
(a) the Agency has asked an accredited laboratory to test a sample given by a competitor under these Regulations; and
(aa) there is a Part B of the sample; and
(b) Part B of the sample has not been used for testing under these Regulations.
(2) If the result of the testing of Part A of the sample is positive, the laboratory must keep Part B of the sample for at least 12 months.
(3) If the result of the testing of Part A of the sample is negative, the laboratory must keep Part B of the sample for at least 30 days.
The Agency must establish and maintain a Register of Notifiable Events for each drug testing scheme.
Note The Agency must make sure that personal information to be entered on a Register of Notifiable Events is collected and stored in accordance with the Information Privacy Principles stated in s 14 of thePrivacy Act 1988 (see s 13 of that Act).
(1) This regulation applies if:
(a) the Agency decides that a competitor:
(i) has failed to comply with a request by the Agency to keep the Agency informed of where the competitor can be found; or
(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
(iii) has deliberately evaded receiving a request by the Agency for a sample; or
(iv) has failed to comply with a request by the Agency for a sample; or
(v) has tampered with a sports drug matter to which a request by the Agency relates; and
(b) the relevant submission period for the matter mentioned in Subdivision 2.6.1 has ended; and
(c) the Agency has considered any submission that the competitor has given to the Agency under Subdivision 2.6.1; and
(d) the Agency decides that the competitor did not have reasonable cause for the matter.
(2) As soon as practicable, the Agency must enter on the relevant register:
(a) the competitor’s name; and
(b) details of the matter under paragraph (1) (a); and
(c) any information about the competitor that the relevant orders require the Agency to enter in the circumstances.
Note 1 For the meaning offail 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.
(1) This regulation applies if:
(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
(b) the sporting administration body tells the Agency that the competitor:
(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
(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
(iii) has deliberately evaded receiving a request by the sporting administration body for a sample; or
(iv) has failed to comply with a request by the sporting administration body for a sample; or
(v) has tampered with a sports drug matter to which a request by the sporting administration body relates; and
(c) the relevant submission period for the matter mentioned in Subdivision 2.6.2 has ended; and
(d) the Agency has considered any submission that the competitor has given to the Agency under Subdivision 2.6.2; and
(e) the Agency decides that the competitor did not have reasonable cause for the matter.
(2) The Agency must enter on the relevant register:
(a) the competitor’s name; and
(b) details of the matter under paragraph (1) (a); and
(c) any information about the competitor that the relevant orders require the Agency to enter in the circumstances.
Note 1 For the meaning offail 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.
(1) This regulation applies if:
(a) the Agency asks a competitor for a sample under regulation 17; and
(b) the competitor gives the sample in response to the Agency’s request; and
(c) the result of the relevant test of the sample is positive; and
(d) the relevant submission period mentioned in Subdivision 2.6.1 has ended; and
(e) the Agency has considered any submission that the competitor has given to the Agency under Subdivision 2.6.1; and
(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
(g) the Agency has considered any other relevant circumstances; and
(h) the Agency has decided that the test result is valid.
(2) As soon as practicable, the Agency must enter on the relevant register:
(a) the competitor’s name; and
(b) the details of the test result; and
(c) any information about the competitor that the relevant orders require the Agency to enter in the circumstances.
(3) The Agency must also enter that information on the relevant register in the circumstances (if any) stated in the relevant orders.
(4) In this regulation:
relevant circumstances includes the following circumstances:(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;
(b) the competitor had approval for the use of the drug concerned for therapeutic purposes:
(i) from the ASDMAC; or
(ii) from a therapeutic approval body; or
(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;
(c) any circumstances stated in the relevant orders for this subregulation.
relevant submission period means:(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
(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:(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
(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 ofpositive 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.
(1) This regulation applies if:
(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
(b) the sporting administration body asks the competitor to give the sample; and
(c) the competitor gives the sample in response to the sporting administration body’s request; and
(d) the result of the relevant test of the sample is positive; and
(e) the relevant submission period mentioned in Subdivision 2.6.2 has ended; and
(f) the Agency has considered any submission that the competitor has given to the Agency under Subdivision 2.6.2; and
(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
(h) the Agency has considered any other relevant circumstances; and
(i) the Agency has decided that the test result is valid.
(2) The Agency must enter on the relevant register:
(a) the competitor’s name; and
(b) details of the test result; and
(c) any information about the competitor that the relevant orders require the Agency to enter in the circumstances.
(3) The Agency may also enter that information on the relevant register in the circumstances (if any) stated in the relevant orders.
(4) In this regulation:
relevant circumstances includes the following circumstances:(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;
(b) the competitor had approval for the use of the drug concerned for therapeutic purposes:
(i) from the ASDMAC; or
(ii) from a therapeutic approval body; or
(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;
(c) any circumstances stated in the relevant orders for this subregulation.
relevant submission period means:(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
(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:(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
(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 ofpositive 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.
(1) This regulation applies if the Agency has entered information about a competitor on the relevant register.
(2) Within a reasonable time after entering the information, the Agency must give written notice about the entry to:
(a) each relevant national sporting organisation in relation to the competitor; and
(b) each relevant sporting organisation (if any) in relation to the competitor; and
(c) each relevant government agency in relation to the competitor; and
(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.(3) The notice must include details of the entry.
Note relevant national sporting organisation andrelevant sporting organisation are defined in s 2 of the Act.Government agency is defined in r 3.
(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.
(a) a failure by the competitor to provide a sample; or
(b) a failure by the competitor to comply with the scheme; or
(c) any provision of a sample by a person who was not the competitor and represented, by pretending to be the competitor, that the sample was provided by the competitor; or
(d) any other interference with the giving or testing of the sample; or
(e) the results of the testing.
(2) Any information given under subregulation (1) may be given orally or by written notice.
(3) In this regulation:
specified sporting administration body means a sporting administration body specified for this regulation by the relevant orders.
(1) This regulation applies if the Agency:
(a) is considering whether to enter information relating to a competitor on the appropriate register under this Division; and
(b) has not yet entered the information.
(2) The Agency may give the information to 1, or more than 1, specified sporting administration body.
(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:
(a) the information is provided in confidence; and
(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 ofWorld 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.(4) Any information given under subregulation (2) may be given orally or by written notice.
(5) In this regulation:
specified sporting administration body means a sporting administration body specified for this regulation by the relevant orders.
(1) This regulation applies if:
(a) a competitor’s name and information about the competitor (
relevant personal information ) have been entered on the relevant register; and(b) when the event that caused the entry to be made happened, the competitor was under 18.
(2) If the Agency receives written notice from a relevant sporting administration body that the competitor is not prevented from taking part, or has not become ineligible to take part, in sporting competition for a period as a direct or indirect result of the entry being made, the Agency must remove the relevant personal information from the register as soon as practicable.
(3) If, as a direct or indirect result of the entry being made, the competitor is prevented from taking part, or becomes ineligible to take part, in sporting competition for a period (the
suspension period ) the Agency must remove the relevant personal information from the register as soon as practicable after the end of the suspension period.(4) However, subregulation (5) applies if, for a period (the
disqualification period ) that ends after the suspension period, the Commission has disqualified the competitor from:(a) receiving funding from the Commission; or
(b) using facilities that:
(i) are fully or partly provided by the Commission; or
(ii) are fully or partly operated or maintained with funding received from the Commission.
(5) As soon as practicable after the end of the disqualification period, the Agency must remove the relevant personal information from the register.
(6) The Agency must remove from a register a competitor’s name and any other personal information about the competitor in any other circumstances stated for this subregulation in the relevant orders.
Note Under subs 16 (2) of the Act, if the Administrative Appeals Tribunal sets aside a reviewable decision of the Agency to enter the competitor’s name and details on the relevant register, the Agency must remove the entry made as a result of the Agency’s decision as soon as practicable.
(1) This regulation applies if the Agency has entered a person’s name and any other personal information about the person on the relevant register.
(2) For subregulation (1), the Agency must remove those details from the register if, after the entry has been made, the Agency becomes satisfied that, when the sample was requested, the person was not a competitor within the meaning of the Act.
(1) This regulation applies if:
(a) the Agency becomes aware that a register contains an error because of a mistake, an omission, or a false entry in the register; and
(b) the Agency is satisfied that:
(i) the error can be corrected; and
(ii) the error lies in the entry as it appears in the register and not in the information on which the registration was based.
(2) The Agency must correct the error as soon as possible.
As soon as practicable after the Agency removes information about a competitor from the relevant register, the Agency must give a written notice to any person to whom the Agency has given notice about the entry stating that the information has been removed.
(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) The Agency must give the notice:
(a) when it asks the competitor to keep it informed; or
(b) as soon as practicable after it asks the competitor to keep it informed.
(3) The Agency may give the notice orally or in writing.
Note Section 67A of the Act deals with giving written notices.
(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) 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:
(a) give a written submission to the Agency setting out any reasonable cause for the competitor’s failure to keep the Agency informed; or
(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.
(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 ):(a) give a written submission to the Agency setting out any reasonable cause for the failure to comply with the request; or
(b) by giving a written notice to the Agency, waive the competitor’s right to make a submission.
(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) Subregulation (4) applies if the Agency considers that the competitor is likely to take part in:
(a) an international sporting competition; or
(b) a sporting competition to select people to represent Australia in an international sporting competition.
(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) The submission period is taken to have ended:
(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
(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.
(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) 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:
(a) give a written submission to the Agency setting out any reasonable cause for the competitor’s failure to be located; or
(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.
(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 ):(a) give a written submission to the Agency setting out any reasonable cause for the competitor’s failure to be located; or
(b) by giving a written notice to the Agency, waive the competitor’s right to make a submission.
(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) Subregulation (4) applies if the Agency considers that the competitor is likely to take part in:
(a) an international sporting competition; or
(b) a sporting competition to select people to represent Australia in an international sporting competition.
(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) The submission period is taken to have ended:
(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
(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.
(1) This regulation applies if the Agency decides that a competitor has deliberately evaded receiving a request by the Agency for a sample.
(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:
(a) give a written submission to the Agency setting out any reasonable cause for the competitor’s conduct; or
(b) by giving a written notice to the Agency, waive the competitor’s right to make a submission.
(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 ):(a) give a written submission to the Agency setting out any reasonable cause for the competitor’s conduct; or
(b) by giving a written notice to the Agency, waive the competitor’s right to make a submission.
(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) Subregulation (4) applies if the Agency considers that the competitor is likely to take part in:
(a) an international sporting competition; or
(b) a sporting competition to select people to represent Australia in an international sporting competition.
(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) The submission period is taken to have ended:
(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
(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.
(1) This regulation applies if the Agency asks a competitor for a sample.
(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) The Agency may give the notice orally or in writing.
Note Section 67A of the Act deals with giving written notices.
(1) Before going with a chaperone to a place to give the sample, the competitor may:
(a) arrange for a representative to accompany the competitor to the place; or
(b) with the consent of the chaperone, do anything that is reasonable for the competitor to do before going to the place to give the sample.
(2) The competitor must remain visible to the chaperone while doing anything mentioned in subregulation (1).
(3) A chaperone must not refuse any reasonable request by a competitor for consent under subregulation (1).
(4) A refusal by a chaperone to consent to a request by a competitor under subregulation (1) does not invalidate any test conducted on a sample given by the competitor.
(1) The competitor may choose a representative to monitor the collection of the sample.
(2) However, the representative must not witness the passing of a urine sample unless the competitor needs help to pass the sample because the competitor has a disability.
(1) This regulation applies if the competitor fails to comply with the request for a sample under regulation 17.
(2) As soon as practicable after becoming aware of the failure to comply, 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:
(a) give a written submission to the Agency setting out any reasonable cause for the failure; or
(b) by giving a written notice to the Agency, waive the competitor’s right to make a submission.
(1) If the competitor fails to comply with the request for a sample under regulation 17, the competitor (or a person on the competitor’s behalf) may, within 7 days after receiving the notice mentioned in subregulation 40 (2) (the
submission period ):(a) give a written submission to the Agency setting out any reasonable cause for the failure; or
(b) by giving a written notice to the Agency, waive the competitor’s right to make a submission.
(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) Subregulation (4) applies if the Agency considers that the competitor is likely to take part in:
(a) international sporting competition; or
(b) a sporting competition to select people to represent Australia in international sporting competition.
(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) The submission period is taken to have ended:
(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;
(b) if the competitor gives the Agency a submission before the end of the submission period — when the Agency receives the submission.
Note 1 For the meaning offails to comply with a request , see s 12 of the Act.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.
(1) This regulation applies if the Agency decides that a competitor has tampered with a sports drug matter.
(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:
(a) give a written submission to the Agency setting out any reasonable cause for the competitor’s conduct; or
(b) by giving a written notice to the Agency, waive the competitor’s right to make a submission.
(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 ):(a) give a written submission to the Agency setting out any reasonable cause for tampering with the sports drug matter; or
(b) by giving a written notice to the Agency, waive the competitor’s right to make a submission.
(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) Subregulation (4) applies if the Agency considers that the competitor is likely to take part in:
(a) an international sporting competition; or
(b) a sporting competition to select people to represent Australia in an international sporting competition.
(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) The submission period is taken to have ended:
(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
(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.
(1) This regulation applies if:
(a) the competitor gives a sample in response to the Agency’s request for a sample; and
(b) the result of the testing arranged by the Agency of Part A of the competitor’s sample is positive.
(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) If there is a Part B of the sample, the information notice must also state:
(a) that the competitor has the right to notify the Agency in writing, within 7 days after receiving the information notice, that the competitor:
(i) elects to have Part B of the sample tested; or
(ii) does not elect to have Part B of the sample tested; and
(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
(c) that, if the competitor elects to have Part B of the sample tested:
(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
(ii) the competitor is entitled to be present or represented at the testing of Part B of the sample; and
(iii) the Agency will give the competitor notice of the result of the test as soon as practicable; and
(iv) if the result of the test is positive, the competitor may choose an option mentioned in subregulation (4); and
(d) that, if the competitor does not elect to have Part B of the sample tested:
(i) the competitor is still entitled to make a submission in relation to the testing of Part A of the sample; and
(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
(iii) the Agency will make a decision under regulation 29 whether or not to make an entry on the relevant register; and
(e) the possible consequences, mentioned in subregulation (5), of a positive test result for the sample
(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:
(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
(b) by giving the Agency a written notice, waive the competitor’s right to make a submission.
(5) For paragraph (3) (e), the possible consequences are that:
(a) the Agency may have to enter information about the test result on the relevant register; and
(b) if the Agency enters information about the test result on the relevant register, the Agency must give written notice about the entry to:
(i) each relevant national sporting organisation in relation to the competitor; and
(ii) each relevant sporting organisation (if any) in relation to the competitor; and
(iii) each relevant government agency in relation to the competitor.
(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 andrelevant 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.
(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:
(a) elects to have Part B of the sample tested; or
(b) does not elect to have Part B of the sample tested.
(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) If the competitor elects to have Part B of the sample tested:
(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(b) the Agency must give the competitor a notice, in writing, to that effect.
(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.(5) If the competitor does not elect to have Part B of the sample tested:
(a) the competitor is still entitled to make a submission in relation to the testing of Part A of the sample; and
(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
(c) the Agency will make a decision under regulation 29 whether or not to make an entry on the relevant register.
(1) This regulation applies if the Agency gives a competitor an information notice under subregulation 42 (2) and:
(a) there is no Part B of the sample; or
(b) there is a Part B of the sample and the competitor:
(i) has not elected, within 7 days after receiving the notice, to have Part B of the sample tested; or
(ii) does not make an election within 7 days after receiving the notice.
(2) The competitor (or a person on the competitor’s behalf) may, within 7 days after the end of the period mentioned in paragraph 42 (3) (a) (the
submission period ):(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 of the sample; or
(b) by giving the Agency a written notice, waive the competitor’s right to make a submission.
(3) 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.
(4) Subregulation (5) applies if the Agency considers that the competitor is likely to take part in:
(a) international sporting competition; or
(b) a sporting competition to select people to represent Australia in international sporting competition.
(5) Before the end of the submission period, by written notice to the competitor, the Agency may substitute for the period of 7 days a shorter period that it considers appropriate in the circumstances.
(6) The submission period is taken to have ended:
(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;
(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.
(1) This regulation applies if the Agency arranges, under subregulation 43 (3), for Part B of the competitor’s sample to be tested.
(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) The testing of Part B of the sample must begin on the testing day mentioned in subregulation 43 (3).
(4) However, if it is impracticable for the test to be conducted in accordance with subregulation (3):
(a) the test may be conducted on a later day; and
(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) Reasonable notice mentioned in paragraph (4) (b) may be given orally or in writing.
(1) This regulation applies if:
(a) the Agency arranges, under subregulation 43 (3), for Part B of the competitor’s sample to be tested; and
(b) the result of the test is positive.
(2) As soon as practicable after becoming aware of the test result, the Agency must give the competitor a written notice stating that:
(a) the result of the test is positive; and
(b) if the competitor has any information or evidence that may affect the validity of the results of the testing of either Part A or Part B of the competitor’s sample, the competitor (or a person on the competitor’s behalf) may, within 7 days after receiving the notice:
(i) give a written submission to the Agency setting out the information or evidence; or
(ii) by giving the Agency a written notice, waive the competitor’s right to make a submission.
(1) If regulation 47 applies, the competitor (or a person on the competitor’s behalf) may, within 7 days after receiving the notice mentioned in subregulation 47 (2) (the
submission period ):(a) give a written submission to the Agency setting out the information or evidence; or
(b) by giving the Agency a written notice, waive the competitor’s right to make a submission.
(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) Subregulation (4) applies if the Agency considers that the competitor is likely to take part in:
(a) international sporting competition; or
(b) a sporting competition to select people to represent Australia in international sporting competition.
(4) Before the end of the submission period, by written notice to the competitor, the Agency may substitute for the period of 7 days a shorter period that it considers appropriate in the circumstances.
(5) The submission period is taken to have ended:
(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;
(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.
(1) If:
(a) the Agency requests a sporting administration body, for subsection 17ZC (1) of the Act:
(i) to arrange for a competitor to provide a sample; or
(ii) to arrange for the testing of a sample; or
(iii) to be provided with information relating to such a request; and
(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.
(2) The sporting administration body must give the notice:
(a) when it asks the competitor to keep it informed; or
(b) as soon as practicable after it asks the competitor to keep it informed.
(3) The sporting administration body may give the notice orally or in writing.
Note Section 67A of the Act deals with giving written notices.
(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) 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:
(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
(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.
(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 ):(a) give a written submission to the Agency setting out any reasonable cause for the failure to comply with the request; or
(b) by giving a written notice to the Agency, waive the competitor’s right to make a submission.
(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) Subregulation (4) applies if the Agency considers that the competitor is likely to take part in:
(a) an international sporting competition; or
(b) a sporting competition to select people to represent Australia in an international sporting competition.
(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) The submission period is taken to have ended:
(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
(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.
(1) This regulation applies if:
(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
(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) 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:
(a) give a written submission to the Agency setting out any reasonable cause for the competitor’s failure to be located; or
(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.
(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 ):(a) give a written submission to the Agency setting out any reasonable cause for the competitor’s failure to be located; or
(b) by giving a written notice to the Agency, waive the competitor’s right to make a submission.
(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) Subregulation (4) applies if the Agency considers that the competitor is likely to take part in:
(a) an international sporting competition; or
(b) a sporting competition to select people to represent Australia in an international sporting competition.
(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) The submission period is taken to have ended:
(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
(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.
(1) This regulation applies if:
(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
(b) the Agency decides that the competitor has deliberately evaded receiving a request by the sporting administration body for a sample.
(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:
(a) give a written submission to the Agency setting out any reasonable cause for the competitor’s conduct; or
(b) by giving a written notice to the Agency, waive the competitor’s right to make a submission.
(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 ):(a) give a written submission to the Agency setting out any reasonable cause for the competitor’s conduct; or
(b) by giving a written notice to the Agency, waive the competitor’s right to make a submission.
(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) Subregulation (4) applies if the Agency considers that the competitor is likely to take part in:
(a) an international sporting competition; or
(b) a sporting competition to select people to represent Australia in an international sporting competition.
(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) The submission period is taken to have ended:
(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
(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.
Regulations 50 to 58 apply if:
(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
(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
(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
(d) the sporting administration body asks the competitor to give the sample.
(1) This regulation applies if the competitor fails to comply with the request mentioned in paragraph 49G (d).
(2) As soon as practicable after the sporting administration body tells the Agency that the competitor has failed to comply with the request, 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:
(a) give a written submission to the Agency setting out any reasonable cause for the failure; or
(b) by giving a written notice to the Agency, waive the competitor’s right to make a submission.
(1) If the competitor fails to comply with the request mentioned in paragraph 49G (d), the competitor (or a person on the competitor’s behalf) may, within 7 days after receiving the notice mentioned in subregulation 50 (2) (the
submission period ):(a) give a written submission to the Agency setting out any reasonable cause for the failure; or
(b) by giving a written notice to the Agency, waive the competitor’s right to make a submission.
(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) Subregulation (4) applies if the Agency considers that the competitor is likely to take part in:
(a) international sporting competition; or
(b) a sporting competition to select people to represent Australia in international sporting competition
.
(4) Before the end of the submission period, the Agency may, by written notice to the competitor, substitute for the period of 7days mentioned in subregulation (1) a shorter period that it considers appropriate in the circumstances.
(5) The submission period is taken to have ended:
(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;
(b) if the competitor gives the Agency a submission before the end of the submission period — when the Agency receives the submission.
Note 1 For the meaning offails to comply with a request , see s 12 of the Act.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.
(1) This regulation applies if:
(a) the competitor gives a sample in response to the sporting administration body’s request for a sample; and
(b) the result of the testing arranged by the sporting administration body of Part A of the competitor’s sample is positive; and
(c) the sporting administration body has given the Agency information about the result of the test.
(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) If there is a Part B of the sample, the information notice must also state:
(a) that the competitor has the right to notify the Agency in writing, within 7 days after receiving the information notice, that the competitor:
(i) elects to have Part B of the sample tested; or
(ii) does not elect to have Part B of the sample tested; and
(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
(c) that, if the competitor elects to have Part B of the sample tested:
(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
(ii) the competitor is entitled to be present or represented at the testing of Part B of the sample; and
(iii) the Agency will give the competitor notice of the result of the test as soon as practicable; and
(iv) if the result of the test is positive, the competitor may choose an option mentioned in subregulation (4); and
(d) that, if the competitor does not elect to have Part B of the sample tested:
(i) the competitor is still entitled to make a submission in relation to the testing of Part A of the sample; and
(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
(iii) the Agency will make a decision under regulation 30 whether or not to make an entry on the relevant register; and
(e) the possible consequences, mentioned in subregulation (5), of a positive test result for the sample.
(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:
(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
(b) by giving the Agency a written notice, waive the competitor’s right to make a submission.
(5) For paragraph (3) (e), the possible consequences are that:
(a) the Agency may have to enter information about the test result on the relevant register; and
(b) if the Agency enters information about the test result on the relevant register, the Agency must give written notice about the entry to:
(i) each relevant national sporting organisation in relation to the competitor; and
(ii) each relevant sporting organisation (if any) in relation to the competitor; and
(iii) each relevant government agency in relation to the competitor.
(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 andrelevant 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.
(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:
(a) elects to have Part B of the sample tested; or
(b) does not elect to have Part B of the sample tested.
(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) If the competitor elects to have Part B of the sample tested:
(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(b) the Agency must give the competitor a notice, in writing, to that effect.
(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) If the competitor does not elect to have Part B of the sample tested:
(a) the competitor is still entitled to make a submission in relation to the testing of Part A of the sample; and
(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
(c) the Agency will make a decision under regulation 30 whether or not to make an entry on the relevant register.
(1) This regulation applies if the Agency gives a competitor an information notice under subregulation 52 (2) and:
(a) there is no Part B of the sample; or
(b) there is a Part B of the sample and the competitor:
(i) has not elected, within 7 days after receiving the notice, to have Part B of the sample tested; or
(ii) does not make an election within 7 days after receiving the notice.
(2) The competitor (or a person on the competitor’s behalf) may, within 7 days after the end of the period mentioned in paragraph 52 (3) (a) (the
submission period ):(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 of the sample; or
(b) by giving the Agency a written notice, waive the competitor’s right to make a submission.
(3) 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.
(4) Subregulation (5) applies if the Agency considers that the competitor is likely to take part in:
(a) international sporting competition; or
(b) a sporting competition to select people to represent Australia in international sporting competition.
(5) Before the end of the submission period, by written notice to the competitor, the Agency may substitute for the period of 7 days a shorter period that it considers appropriate in the circumstances.
(6) The submission period is taken to have ended:
(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;
(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.
(1) This regulation applies if the Agency arranges, under subregulation 53 (3), for Part B of the competitor’s sample to be tested.
(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) The testing of Part B of the sample must begin on the testing day mentioned in subregulation 53 (3).
(4) However, if it is impracticable for the test to be conducted in accordance with subregulation (3):
(a) the test may be conducted on a later day; and
(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) Reasonable notice mentioned in paragraph (4) (b) may be given orally or in writing.
(1) This regulation applies if:
(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
(b) the result of the test is positive.
(2) As soon as practicable after becoming aware of the test result, the Agency must give the competitor a written notice stating that:
(a) the result of the test is positive; and
(b) if the competitor has any information or evidence that may affect the validity of the results of the testing of either Part A or Part B of the competitor’s sample, the competitor (or a person on the competitor’s behalf) may, within 7 days after receiving the notice:
(i) give a written submission to the Agency setting out the information or evidence; or
(ii) by giving the Agency a written notice, waive the competitor’s right to make a submission.
(1) If regulation 57 applies, the competitor (or a person on the competitor’s behalf) may, within 7 days after receiving the notice mentioned in subregulation 57 (2) (the
submission period ):(a) give a written submission to the Agency setting out the information or evidence; or
(b) by giving the Agency a written notice, waive the competitor’s right to make a submission.
(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) Subregulation (4) applies if the Agency considers that the competitor is likely to take part in:
(a) international sporting competition; or
(b) a sporting competition to select people to represent Australia in international sporting competition.
(4) Before the end of the submission period, by written notice to the competitor, the Agency may substitute for the period of 7 days a shorter period that it considers appropriate in the circumstances.
(5) The submission period is taken to have ended:
(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;
(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.
(1) This regulation applies if:
(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
(b) the Agency decides that the competitor has tampered with a sports drug matter.
(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:
(a) give a written submission to the Agency setting out any reasonable cause for tampering with the sports drug matter; or
(b) by giving a written notice to the Agency, waive the competitor’s right to make a submission.
(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 ):(a) give a written submission to the Agency setting out any reasonable cause for tampering with the sports drug matter; or
(b) by giving a written notice to the Agency, waive the competitor’s right to make a submission.
(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) Subregulation (4) applies if the Agency considers that the competitor is likely to take part in:
(a) an international sporting competition; or
(b) a sporting competition to select people to represent Australia in an international sporting competition.
(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) The submission period is taken to have ended:
(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
(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.
This Subdivision applies in relation to a competitor if:
(a) the competitor has been asked by either the Agency or a sporting administration body to provide a sample; and
(b) the Agency makes an entry that includes information about a competitor on the relevant register.
(1) As soon as practicable after making the entry, the Agency must give the competitor written notice that the entry has been made.
(2) The notice must state the name of each person or organisation to which the Agency has given, or proposes to give, notice of making the entry.
(3) The notice must also state that the competitor may apply to the Administrative Appeals Tribunal for review of a decision of the Agency to enter the competitor’s name and information about the competitor on the relevant register.
Note 1 Under r 31, the Agency must give written notice about an entry that includes information about a competitor on the relevant register to:(a) each relevant national sporting organisation in relation to the competitor; and
(b) each relevant sporting organisation (if any) in relation to the competitor; and
(c) each relevant government agency in relation to the competitor.
Note 2 Section 67A of the Act deals with giving written notices.
If the Agency decides to enter a competitor’s name and information about the competitor on the relevant register, the competitor may apply to the Administrative Appeals Tribunal for review of the decision.
Note Under subs 16 (2) of the Act, if the Administrative Appeals Tribunal sets aside a reviewable decision of the Agency to enter the competitor’s name and details on the relevant register, the Agency must remove the entry made as a result of the Agency’s decision as soon as practicable.
The orders for each scheme may confer additional rights on competitors.
A competitor may waive any of the competitor’s rights under the relevant scheme:
(a) by written notice; or
(b) unless these regulations state that the waiver must be by written notice — orally.
In relation to the collection and testing of a sample for erythropoietin, if both a blood sample and a urine sample have been collected from a competitor:
(a) a reference in Division 2.5 or 2.6 to Part A of a sample is taken to be a reference to both:
(i) Part A of the urine sample; and
(ii) the blood sample;
(b) a reference in Division 2.5 or 2.6 to a submission in relation to Part A of the sample is taken to be a reference to either or both of:
(i) a submission in relation to Part A of the urine sample; and
(ii) a submission in relation to the blood sample.
(1) For section 17BA of the Act, this regulation applies to any of the following information:
(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;
(b) information relating to decisions of the ASDMACto approve, or to refuse to approve, the use of scheduled drugs for therapeutic purposes;
(c) information provided to the Agency under drug testing schemes relating to where competitors can be found.
(2) The Agency may give the information to 1, or more than 1, sporting administration bodies for the purposes of 1 or moredrug testing programs.
(3) However, the Agency must not give the information unlessthe Agency has taken reasonable steps to satisfy itself that the information disclosed will not be used or disclosed for other purposes.
(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.
(1) For section 17BB of the Act:
(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:
(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
(ii) the Agency is satisfied that the sporting administration body has had adequate time to release the information; and
(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) For subregulation (1), the Agency may determine:
(a) the way in which the information is to be made publicly available; and
(b) the times at which the information is to be made publicly available.
(1) The ASDMAC 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 An analytical investigative body also has the power to investigate a positive test result for the same purpose (see subregulation 25 (1)).(2) The ASDMAC may give a competitor approval, in accordance with the
International Standard for Therapeutic Use Exemptions as amended and in force from time to time, to use a scheduled drug or doping method for therapeutic purposes.(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)).(3) The ASDMAC may disclose to a competitor:
(a) information arising out of the entry of the competitor’s name on the relevant register; or
(b) information about a test on a sample given by the competitor:
(i) carried out by a sporting administration body other than under section 17ZC of the Act; and
(ii) that has revealed the presence of a relevant scheduled drug or doping method.
(4) The ASDMAC may disclose to any relevant sporting administration body:
(a) information arising out of the entry of a competitor’s name on the relevant register; or
(b) information about a test on a competitor’s sample:
(i) carried out by a sporting administration body other than under section 17ZC of the Act; and
(ii) that has revealed the presence of a relevant scheduled drug or doping method.
(5) If the Agency asks the ASDMAC to review the procedures adopted by a sporting administration body for approving the use of scheduled drugs or doping methods for therapeutic purposes, the ASDMAC may do so.
(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.
(5B) The ASDMAC may participate in a review or an appeal that is related directly or indirectly to a decision made by the ASDMAC:
(a) to approve the use of a scheduled drug for therapeutic purposes; or
(b) to refuse to approve the use of a scheduled drug for therapeutic purposes.
(5C) The ASDMAC may give information to a sporting administration body that:
(a) is related to a drug testing program; and
(b) is related directly or indirectly to a decision made by the ASDMAC:
(i) to approve the use of a scheduled drug for therapeutic purposes; or
(ii) to refuse to approve the use of a scheduled drug for therapeutic purposes.
(5D) However, the ASDMAC must not give information under subregulation (5C) unlessthe ASDMAC has taken reasonable steps to satisfy itself that the information disclosed will not be used or disclosed for other purposes.
(6) The orders may confer additional functions on the ASDMAC.
Note For other functions of the ASDMAC, see s 65C of the Act and r 32.
(1) The ASDMAC Chairman must call as many meetings as are necessary for the efficient performance of the ASDMAC’s functions.
(2) Subregulation (3) applies if:
(a) the Chairman receives a written notice from the Minister or at least 2 ASDMAC members asking the Chairman to convene a meeting of the ASDMAC; or
(b) the Chairman receives an oral or written request from the Agency to convene a meeting of the ASDMAC.
(3) The Chairman must convene a meeting of the ASDMAC as soon as practicable.
The quorum for a meeting of the ASDMAC is 3 ASDMAC members.
(1) If the ASDMAC Chairman is to be absent from a meeting of the ASDMAC, the Chairman may nominate an ASDMAC member to chair the meeting.
(2) If the Chairman is absent from a meeting and does not nominate an ASDMAC member to chair the meeting under subregulation (1), the ASDMAC members present at the meeting must elect 1 of their number to chair the meeting.
(1) Each ASDMAC member present and voting at a meeting of the ASDMAC (including the member chairing the meeting) has a single vote.
(2) Each question arising at a meeting of the ASDMAC must be decided by a majority of the votes of the ASDMAC members present and voting.
(3) If the votes on a question to be decided are equal, the ASDMAC member chairing the meeting may decide the question.
Note An ASDMAC member may be allowed to participate in a meeting by telephone etc (see r 69).
(1) Subject to this Part, the ASDMAC may conduct its meetings as it considers appropriate.
(2) The ASDMAC may allow an ASDMAC member to participate in a meeting by telephone, closed circuit television or any other means of communication.
(3) A person who is allowed to participate in a meeting under subregulation (2) is taken to be present at the meeting.
The ASDMAC must keep minutes of its meetings and records of any resolutions taken to have been passed at its meetings.
Note Under subs 65E (2) and (3) of the Act, the ASDMAC may pass a resolution without holding a meeting in certain circumstances. A resolution that is passed in accordance with those subsections is taken to have been passed at a meeting of the ASDMAC.
(1) The Agency may, on application made in accordance with regulation 72, approve a courier in writing.
(2) However, the Agency may only approve a courier if the Agency considers that the application demonstrates that the courier can provide courier services to the Agency that are at least equivalent to the services provided by other courier services mentioned in regulation 86.
(3) If the Agency approves a courier, the Agency must give a copy of the approval to the courier.
(1) An application for approval of a courier must:
(a) be made to the Agency in writing; and
(b) state the full name of the applicant; and
(c) state the address of the main place of business of the applicant; and
(d) state the purpose of the application and the facts and other matters on which the application is based.
(2) The Agency may, by written notice, require an applicant to give to the Agency any information (in addition to the information contained in the application) that is necessary for proper consideration of the application.
If the Agency decides to refuse an application for approval of a courier, the Agency must tell the applicant in writing of the refusal, the reasons for the refusal and that the applicant may apply to have the decision reconsidered.
The grounds for cancellation of an approval are that:
(a) the application for the approval was false or misleading in a material respect; or
(b) the person to whom the approval was granted is unsuitable to continue to be a person to whom the approval applies because the person has contravened a provision of the Act or these regulations; or
(c) since the approval was granted:
(i) a change has happened in relation to something the Agency must consider in deciding whether to grant an approval; and
(ii) if the change had happened before the approval was granted — the approval would not have been granted; or
(d) the courier is no longer able to provide courier services mentioned in subregulation 71 (2).
(1) This regulation applies if the Agency considers that a ground exists to cancel an approval of a courier.
(2) If the Agency proposes to cancel an approval, the Agency must give to the person to whom the approval was granted a written notice that:
(a) makes a statement to that effect; and
(b) states the ground for the proposed cancellation; and
(c) outlines the facts and other circumstances forming the basis for that ground; and
(d) invites the person to state in writing, within a stated time of at least 28 days, why the approval should not be cancelled.
(3) If, after considering any relevant written statement made within the stated time, the Agency considers that a ground exists to cancel the approval, the Agency may cancel the approval.
(4) If the Agency cancels the approval, the Agency must tell the person in writing of the cancellation, the reasons for the cancellation and that the person may apply to have the decision reconsidered.
This Division applies to a decision of the Agency under subregulation 71 (1) or 75 (3).
A person whose interests are affected by a decision may apply in writing to the Agency for reconsideration of the decision.
(1) An application under regulation 77 must be made within:
(a) 28 days after the day when the Agency told the person about the decision; or
(b) a longer period allowed by the Agency, either before or after the end of the 28 days.
(2) The application must state the grounds on which reconsideration of the decision is sought.
(1)Within 28 days after receiving an application under regulation 77, the Agency must reconsider the decision and confirm or revoke the decision.
(2) The Agency must inform the applicant in writing of the result of the reconsideration and of the reasons for the result.
Application may be made under the
Administrative Appeals Tribunal Act 1975 for review of a decision that has been reconsidered under regulation 79.
(1) The Agency may, by resolution, delegate all or any of its powers under these regulations, except the power to delegate under this subregulation, to:
(a) the Chief Executive; or
(b) a drug control official; or
(c) a chaperone; or
(d) an employee of the Agency.
(2) A delegation under subregulation (1) is subject to any directions given by the Agency.
(1) A drug control official may delegate to a chaperone all or any of the official’s powers under these regulations except the power to delegate under this subregulation.
(2) A delegation under subregulation (1) is subject to any directions given by the drug control official.
(1) This regulation applies if the Agency sends a notice to a competitor for these regulations.
(2) The competitor is presumed to have received the notice (unless the Agency is given evidence sufficient to raise doubt about the presumption):
(a) if the notice is delivered personally to the competitor — on the day when it is delivered; and
(b) if the notice is sent by means of a prescribed courier service, to the competitor at the address of the competitor’s place of residence last known to the Agency, being a place of residence in Australia — 3 days after the date it is sent; and
(c) if the notice is sent by post, or by means of a prescribed courier service, to the competitor at the address of the competitor’s place of residence last known to the Agency, being a place of residence outside Australia — 10 days after the date it is sent; and
(d) if the competitor has notified the Agency of a number to which notices may be sent to the competitor by facsimile and the notice is sent to that number — the day it is sent; and
(e) if the notice is sent to the competitor’s electronic mail address (if any) — the day it is sent.
Note For service by post to an address in Australia or an external Territory, seeEvidence Act 1995 , s 160.(3) However, subregulation (4) applies if:
(a) the notice cannot be:
(i) delivered personally; or
(ii) sent to the competitor by post or prescribed courier service; or
(iii) sent to the competitor by facsimile transmission; and
(b) a notice (to which the notice to the competitor is attached in a sealed envelope addressed to the competitor) is sent to a sporting administration body of which the competitor is a member at its address last known to the Agency asking the organisation to send the envelope to the competitor.
(4) The competitor is presumed to have received the notice 10 days after the date it is sent.
Note 1 Section 67A of the Act states the different ways in which a written notice by the Agency to a person or sporting organisation may be given.Note 2 See r 86 about prescribed courier services.
For paragraph 66 (1) (b) of the Act, National Association of Testing Authorities, Australia (ACN 004 379 748) is a prescribed organisation.
For section 66A of the Act, the international arrangements mentioned in Schedule 1 are anti-doping arrangements for the Act.
For subparagraphs 67A (a) (ii) and (iv) and (b) (i) of the Act, the following courier services are prescribed:
(a) the courier service known as TNT Failsafe High Security Couriers operated by TNT Australia Limited, ABN 41 000 495 269;
(b) the courier service known as Interstate Safe Hand Courier operated by Delfast Pty Ltd, ABN 29 008 478 608;
(c) the courier service known as Specialised Air Service operated by Universal Express, Business Registration Number F00069878;
(d) the courier service known as Diplomat Courier Service operated by Universal Express, Business Registration Number F00069878;
(e) the courier service known as Priority Courier Service operated by Wards Skyroads, an express distribution service of Mayne Nickless Limited, ABN 26 004 073 410;
(f) DHL Worldwide Express, DHL International (Australia) Pty. Limited, ABN 62 001 112 929;
(g) the courier service known as World Couriers, ABN 13 001 215 158;
(h) the services of a courier who is approved under subregulation 71 (1).
(1) For subsection 67BA (2) of the Act, the following sporting administration bodies are specified:
(a) for information that relates to a drug or doping method included in a schedule to
Australian Sports Drug Agency Drug Testing (Scheme A) Orders 1999 — a specified sporting administration body within the meaning of those Orders;(b) for information that relates to a drug or doping method included in a schedule to
Australian Sports Drug Agency Drug Testing (Scheme B) Orders 2000 — a specified sporting administration body within the meaning of those Orders.
The following statutory rules are repealed:
• 1991 No. 19
• 1993 No. 210
• 1994 Nos. 284 and 410
• 1996 No. 163.
(regulation 85)
1. Australian Sports Drug Agency, Canadian Centre for Ethics in Sports, and United States Olympic Committee Trilateral Anti‑Doping Agreement which came into force on
18 December 1997.
2. Co-operation Agreement between the International Olympic Committee, the Australian Government and the Sydney Organising Committee for the Olympic Games, signed by all parties on 13 July 1995.
3. Council of Europe Anti-Doping Convention, signed by Australia on 24 April 1994.
4. International Anti-Doping Arrangement, signed by Australia on 18 April 1996.
5. Memorandum of Understanding between the Australian Sports Drug Agency and the Chinese Olympic Committee Anti-doping Commission concerning Cooperation in the Development of Measures against Doping in Sport, signed on 25 October 1994.
The
1999 No. 159 | 28 July 1999 | 1 Aug 1999 | |
2000 No. 87 | 1 June 2000 | 1 June 2000 | — |
2000 No. 253 | 11 Sept 2000 | 11 Sept 2000 | — |
2004 No. 226 | 28 July 2004 | 30 July 2004 | — |
2004 No. 236 | 6 Aug 2004 | 6 Aug 2004 | — |
am. = amended rep. = repealed rs. = repealed and substituted | |
Reader’s Guide..................... | am. 2000 No. 253; 2004 No. 226 |
R. 3......................................... | am. 2000 No. 253; 2004 No. 226 |
R. 6......................................... | am. 2000 No. 87 |
R. 7A....................................... | ad. 2000 No. 253 |
R. 7B....................................... | ad. 2000 No. 253 |
R. 9A....................................... | ad. 2000 No. 253 |
R. 10....................................... | am. 2000 No. 253 |
R. 12....................................... | am. 2000 No. 253 |
Div. 2.2A of Part 2................ | ad. 2004 No. 226 |
R. 13A.................................... | ad. 2004 No. 226 |
R. 13B.................................... | ad. 2004 No. 226 |
R. 15....................................... | am. 2000 No. 253 |
R. 18....................................... | am. 2000 No. 87 |
R. 25....................................... | rs. 2004 No. 226 |
R. 25A.................................... | ad. 2000 No. 87 |
am. 2004 No. 226 | |
R. 27....................................... | rs. 2004 No. 226 |
R. 28....................................... | rs. 2004 No. 226 |
R. 29....................................... | rs. 2004 No. 226 |
R. 30....................................... | rs. 2004 No. 226 |
R. 31....................................... | am. 2004 No. 226 |
R. 32....................................... | am. 2004 No. 226 |
Heading to r. 33.................... | rs. 2004 No. 226 |
R. 33....................................... | am. 2004 No. 226 |
Heading to r. 34.................... | rs. 2000 No. 253 |
R. 34A.................................... | ad. 2000 No. 253 |
R. 34B.................................... | ad. 2000 No. 253 |
R. 36....................................... | rs. 2004 No. 226 |
R. 36A.................................... | ad. 2004 No. 226 |
R. 36B.................................... | ad. 2004 No. 226 |
R. 36C.................................... | ad. 2004 No. 226 |
R. 36D.................................... | ad. 2004 No. 226 |
R. 36E.................................... | ad. 2004 No. 226 |
R. 36F..................................... | ad. 2004 No. 226 |
R. 37....................................... | rs. 2004 No. 226 |
R. 39....................................... | am. 2000 No. 253 |
R. 41A.................................... | ad. 2004 No. 226 |
R. 41B.................................... | ad. 2004 No. 226 |
R. 42....................................... | am. 2000 No. 253 |
rs. 2004 No. 226 | |
R. 43....................................... | rs. 2004 No. 226 |
R. 44....................................... | rep. 2004 No. 226 |
R. 45....................................... | am. 2004 No. 226 |
R. 46....................................... | am. 2000 No. 253 |
rs. 2004 No. 226 | |
R. 47....................................... | am. 2004 No. 226 |
R. 49....................................... | rs. 2004 No. 226 |
R. 49A.................................... | ad. 2004 No. 226 |
R. 49B.................................... | ad. 2004 No. 226 |
R. 49C.................................... | ad. 2004 No. 226 |
R. 49D.................................... | ad. 2004 No. 226 |
R. 49E.................................... | ad. 2004 No. 226 |
R. 49F..................................... | ad. 2004 No. 226 |
R. 49G.................................... | ad. 2004 No. 226 |
R. 51....................................... | am. 2004 No. 226 |
R. 52....................................... | am. 2000 No. 253 |
rs. 2004 No. 226 | |
R. 53....................................... | rs. 2004 No. 226 |
R. 54....................................... | rep. 2004 No. 226 |
R. 55....................................... | am. 2004 No. 226 |
R. 56....................................... | am. 2000 No. 253 |
rs. 2004 No. 226 | |
R. 57....................................... | am. 2004 No. 226 |
R. 58A.................................... | ad. 2004 No. 226 |
R. 58B.................................... | ad. 2004 No. 226 |
Subdiv. 2.6.4 of Div. 2.6...... of Part 2 | ad. 2000 No. 253 |
R. 63A.................................... | ad. 2000 No. 253 |
Note to r. 63A........................ | rep. 2004 No. 226 |
Div. 2.7 of Part 2................... | ad. 2004 No. 226 |
R. 63B.................................... | ad. 2004 No. 226 |
R. 63C.................................... | ad. 2004 No. 226 |
R. 64....................................... | am. 2004 No. 226 |
Note to r. 64 (1)..................... | ad. 2004 No. 226 |
R. 86....................................... | rs. 2000 No. 253 |
R. 86A.................................... | ad. 2004 No. 236 |
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