Australian Sports Drug Agency Regulations (Amendment) (Cth)

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Statutory Rules 1996

No. 163 1

__________________

Australian Sports Drug Agency Regulations 2(Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and under section 4 of the Acts Interpretation Act 1901, make the following Regulations under the Australian Sports Drug Agency Act 1990.

Dated 17 July 1996.

WILLIAM DEANE

Governor-General

By His Excellency’s Command,

WARWICK SMITH

Minister for Sport, Territories and Local Government

____________

1. Commencement

1.1 These Regulations commence on the same day as section 3 and Schedule 1 of the Australian Sports Drug Agency Amendment Act 1996.

2. Amendment

2.1 The Australian Sports Drug Agency Regulations are amended as set out in these Regulations.

3. Regulation 3 (Interpretation)

3.1 Definition of “security transit seal”:

Omit the definition.

3.2 Definition of “representative”:

Paragraph (a):

Omit “any part of the process of the collection or testing of a sample;”, substitute “the process of the collection, or final testing, of a sample;”.

3.3 Definition of “security transit container”:

Omit “container, sealed with a security transit seal,”, substitute “container”.

3.4 Insert the following definitions:

“‘Australian competitor’ means a competitor who is an Australian citizen, a permanent resident or a temporarily resident non-Australian;

‘carer’, in relation to a competitor, means a person who has long-term parental responsibility for, or is the guardian of, the competitor;

‘foreign competitor’ means a competitor who is a non-Australian (other than a person who is a temporarily resident non-Australian);

‘scheduled drug or doping method’ means a drug or doping method listed in the Schedule maintained by the Agency under paragraph 9 (1) (a) of the Act.”.

[Note: The following note should be inserted at the end of regulation 3:

“[Note: Words and expressions used in these Regulations that are defined in the Act have the same meaning in these Regulations as they do in the Act (see Acts Interpretation Act 1901, s. 46 (1) (a)). For example, subsection 2 (1) contains definitions of ‘competitor’, ‘negative test result’, ‘non-Australian’, ‘positive test result’ and ‘temporarily resident non-Australian’.]”.

4. Regulation 3A (Sending a document by post)

4.1 Omit the regulation.

5. Heading to Part 3 (Sampling)

5.1 Omit the heading, substitute:

“PART 3—REQUESTING, COLLECTING AND INITIAL TESTING OF SAMPLES BY AGENCY

“Division 1—Request to provide sample

Purpose of Division

“7A. This Division provides for the manner in which the Agency may request a competitor to provide a sample.”.

6. Regulation 8 (Making of request)

6.1 Subregulations 8 (1), (2) and (2A):

Omit the subregulations, substitute:

“8.(1) For the purposes of subsection 12 (2) of the Act, a request to provide a sample may be made to a competitor:

(a)
by telephone; or
(b)
by written notice; or
(c)
in accordance with regulation 9—in person.

“[Note: Section 67A of the Act makes provision in relation to how a written notice may be given to a person.]”.

6.2 Subregulations 8 (7) to (13):

Omit the subregulations, substitute:

“(7) Before making a request of a competitor who is:

(a)
under 18 years of age; or
(b)
intellectually disabled; or
(c)
unable to understand English or otherwise unable to receive and understand the request (for example, if the competitor is deaf);

the Agency may notify any of the persons mentioned in subregulation (8), orally or in writing.

“(8) For the purpose of subregulation (7), the Agency may notify:

(a)
the competitor’s carer; or
(b)
the competitor’s coach; or
(c)
the competitor’s team manager or another person in a similar position of authority; or
(d)
in the case of a competitor referred to in paragraph (7) (b) or (c):
(i)
the competitor’s partner (if any), being a person:
(A)
who is married to, and not separated from, the competitor; or
(B)
who lives with the competitor in a de facto relationship; or
(ii)
any member of the competitor’s family (other than the competitor’s carer or partner):
(A)
who is at least 18 years old; and
(B)
with whom the competitor ordinarily resides.

“(9) If the competitor, or a person mentioned in subregulation (8), is unable to understand English, or otherwise has difficulty in communicating in English (for example, if the person is deaf), the Agency may communicate with the person through an interpreter.

“(10) For the purpose of making a telephone request for a sample, a drug control official may:

(a)
identify himself or herself to any person who answers the telephone; and
(b)
tell the person he or she is a drug control official with the Agency; and
(c)
if the person is not the competitor—ask the person to ask the competitor to come to the telephone; and
(d)
make the request to the competitor.”.

7. Regulation 9 (Personal request for sample—chaperones)

7.1 Subregulation 9 (1):

Omit the subregulation, substitute:

“9.(1) For the purpose of paragraph 8 (1) (c), a chaperone may make a request for a sample to a competitor:

(a)
in person; and
(b)
at any reasonable time.”.

7.2 Paragraph 9 (3) (a):

Omit the paragraph, substitute:

“(a)
a request to provide a sample has been made to a competitor by telephone or written notice; and”.

7.3 Add at the end:

“(5) For the purpose of making a request for a sample, in person, a chaperone may:

(a)
identify himself or herself to any person; and
(b)
tell the person he or she is a chaperone with the Agency; and
(c)
if the person is not the competitor—ask the person to point out the competitor or indicate where the competitor is; and
(d)
make the request to the competitor.”.

8. New regulation 9A

8.1 After regulation 9, insert:

Substantial compliance sufficient

“9A. Strict compliance with the preceding provisions of this Division is not required and substantial compliance with the provisions is sufficient.”.

9. Regulation 10 (Confirmation of telephone request)

9.1 Omit the regulation, substitute:

“Division 2—Provision of sample

Purpose of Division

“10. This Division sets out:

(a)
the matters about which the Agency must tell a competitor who has been requested to provide a sample; and
(b)
the right of a competitor to have a representative present to oversee the process of the collection of the sample.

What must the Agency tell the competitor?

“10A.(1) The Agency must notify, orally or in writing, a competitor who has been requested to provide a sample of:

(a)
the procedure for collecting and testing samples; and
(b)
the competitor’s rights under regulation 10B; and
(c)
the possible consequences of a failure to comply with a request to provide a sample; and
(d)
the possible consequences of returning a positive test result; and
(e)
the classes of persons who, or organisations and bodies which, are required, under section 17T of the Act, to be notified of the particulars of an entry in the Register relating to the competitor; and
(f)
the competitor's right to make submissions under sections 17 and 17L of the Act; and
(g)
the classes of persons to whom, and organisations and bodies to which, under section 17H of the Act, a negative test result may be disclosed.

“(2) The Agency is taken to have notified the competitor of the matters set out in subregulation (1) if a chaperone gives the competitor an Information Sheet under paragraph 11 (1) (f).

Entitlement for representative to oversee collection of sample

“10B.(1) A competitor who has been requested to provide a sample:

(a)
is entitled to have a representative of his or her choice present to oversee the process of the collection of the sample; but
(b)
is not entitled to have a representative present to witness the actual passing of the sample unless the competitor suffers from a disability that may require him or her to be given assistance in passing the sample.

“(2) For the purpose of paragraph (1) (a), a competitor may choose a person as a representative only if the person is able to come to the place at which the sample is to be collected at the time of collection.

Substantial compliance sufficient

“10C. Strict compliance with subregulation 10A (1) is not required and substantial compliance with that subregulation is sufficient.

“Division 3—How sample is to be dealt with

Purpose of Division

“10D. This Division prescribes applicable procedures for the purposes of section 17F of the Act in relation to the collection of a sample from a competitor, and the transport and initial testing of the sample.”.

10. Regulation 11 (Procedure to be adopted by chaperone on contacting competitor)

10.1 Paragraph 11 (1) (d):

Omit the paragraph, substitute:

“(d)
tell the competitor about his or her entitlement to have a representative present to oversee the process of the collection of the sample; and”.

10.2 Paragraph 11 (1) (i):

Omit “sample; and”, substitute “sample.”.

10.3 Paragraph 11 (1) (j):

Omit the paragraph.

10.4 Subregulation 11 (2):

After “with”, insert “Form 1 in”.

10.5 Subregulation 11 (3):

Omit “Schedule 2.”, substitute “Form 2 in Schedule 1.”

11. Regulation 13 (What must the Agency tell the competitor?)

11.1 Omit the regulation.

12. Regulation 14 (Taking of samples—drug control facility)

12.1 Subregulations 14 (3) and (4):

Omit the subregulations, substitute:

“(3) For the purposes of these Regulations, the Agency must provide each drug control official at a drug control facility with:

(a)
sufficient numbers of the following:
(i)
sample collection containers;
(ii)
security transit containers;
(iii)
if the security transit containers require sealing—numbered seals for that purpose;
(iv)
carrier bags;
(v)
carrier bag seals;
(vi)
Notification Forms;
(vii)
Information Sheets;
(viii)
any other items as may be necessary to facilitate the proper collection of samples; and
(b)
a list of the numbers of:
(i)
the security transit containers issued to the official; and
(ii)
the seals (if any) issued to the official for sealing security transit containers.”.

13. Regulation 16 (Entitlement for representative to witness provision of sample)

13.1 Omit the regulation.

14. Regulation 19 (Sample must be sufficient for testing)

14.1 Subregulation 19 (2):

Omit the subregulation.

14.2 Subregulation 19 (3):

Omit the subregulation, substitute:

“(3) If a competitor intends to give a further sample, the competitor must:

(a)
pour the sample so far collected:
(i)
into an A sample bottle and, if that bottle is filled, a B sample bottle, selected by the competitor for the purpose of giving a sample; or
(ii)
if another kind of container is provided for the purpose of holding a partial sample—into that container; and
(b)
if the competitor uses an A sample bottle or B sample bottle—follow the procedures set out in paragraphs 21 (10) (a) to (d) in relation to the bottles; and
(c)
if the competitor uses another kind of container—close the container securely to prevent unauthorised access to the sample; and
(d)
complete and sign an Insufficient Sample Form.

“(3A) An Insufficient Sample Form must be substantially in accordance with Form 3 in Schedule 1.”.

14.3 Subregulation 19 (4):

Omit “After the sample so far collected is bottled and sealed,”, substitute “After complying with subregulation (3),”.

14.4 Subregulation 19 (5):

Omit the subregulation, substitute:

“(5) If the competitor gives a further sample, the competitor must, at the direction of the drug control official:

(a)
if the competitor has used an A sample bottle or B sample bottle to hold a partial sample:
(i)
break the seal on the A security transit container; and
(ii)
if any of the sample is held in the B sample bottle—break the seal on the B security transit container; and
(iii)
pour the partial sample into a sample collection container and mix it with the competitor’s further sample; and
(iv)
if the sample is now sufficient:
(A)
pour the contents of the container back into the A sample bottle and, if that bottle is filled, into the B sample bottle; and
(B)
follow the procedures set out in paragraphs 21 (10) (a) to (d) in relation to the bottles; or
(b)
if the competitor has used another kind of container to hold a partial sample:
(i)
break open the container by the means incorporated in the design of the container for that purpose; and
(ii)
pour the partial sample into a sample collection container and mix it with the competitor’s further sample; and
(iii)
if the sample is now sufficient:
(A)
pour the contents of the container into the A sample bottle and, if that bottle is filled, into the B sample bottle, selected by the competitor for the purpose of giving a sample; and
(B)
follow the procedures set out in paragraphs 21 (10) (a), (b), (c) and (e) in relation to the bottles.”.

14.5 Subregulation 19 (6):

Omit “subregulations (4)”, substitute “subregulations (3), (4)”.

14.6 Subregulation 19 (7):

Omit the subregulation, substitute:

“(7) At the request of a competitor, the drug control official may assist the competitor to:

(a)
close or seal a container; or
(b)
break a seal; or
(c)
open a container.”.

15. Regulation 20 (Control of the sample collection container)

15.1 Subregulation 20 (1):

Omit all the words after “paragraph 17 (5) (b)”, substitute:

“until:

(a)
a sufficient sample is poured into the A sample and B sample bottles; and
(b)
the bottles are dealt with in accordance with the procedures set out in subregulation 21 (10).”.

15.2 Subregulation 20 (3):

Omit all the words after “competitor”, substitute:

“until:

(a)
a sufficient sample is poured into the A sample and B sample bottles; and
(b)
the bottles are dealt with in accordance with the procedures set out in subregulation 21 (10).”.

15.3 Subregulation 20 (5):

Omit “bottle”, substitute “collection container”.

15.4 Subregulation 20 (7):

Omit the subregulation.

16. Regulation 21 (Identification of sample)

16.1 Subregulation 21 (3):

Omit “subregulation 14 (4).”, substitute “paragraph 14 (3) (b).”.

16.2 Subregulations 21 (4), (5) and (6):

Omit the subregulations, substitute:

“(4) If seals are attached to the security transit containers, the drug control official and the competitor must ensure that the seal number for each seal corresponds with the number for that seal as set out on the list provided by the Agency under paragraph 14 (3) (b).

“(5) If the number on a security transit container, or on its seal (if any), does not correspond with the relevant number on the list, the competitor must not select that container.

“(6) At the direction of the drug control official, the competitor must:

(a)
if seals are attached to the security transit containers selected under subregulation (2):
(i)
break each seal; and
(ii)
open each container; and
(iii)
check that the number of the sample bottle in the container corresponds with the number of the container; or
(b)
if the selected security transit containers do not have seals:
(i)
ensure that the packaging containing the containers has not been opened or tampered with; and
(ii)
open the packaging; and
(iii)
check that the number of the sample bottle in each container corresponds with the number of the container.”.

16.3 Subregulation 21 (8):

Omit the subregulation.

16.4 Paragraphs 21 (10) (d) to (g):

Omit the paragraphs, substitute:

“(d)
in the case of security transit containers that require sealing:
(i)
close the security transit containers; and
(ii)
select 2 numbered seals from the seals provided by the Agency; and
(iii)
place a seal into each security transit container clasp with the seal number facing up; and
(iv)
secure each seal to its container; and
(e)
in the case of security transit containers that do not require sealing—close each container securely to prevent unauthorised access to the sample bottle.”.

16.5 Add at the end:

“(11) At the request of a competitor, the drug control official may assist the competitor to:

(a)
break a seal; or
(b)
open packaging containing security transit containers; or
(c)
close or seal a security transit container.”.

17. Regulation 21A (Interference with identification procedures etc.)

17.1 Subregulations 21A (1) and (2):

Omit the subregulations, substitute:

“21A.(1) A competitor who has given a sample, or any other person, must not interfere wilfully with the procedures set out in regulation 21.

“(1A) Except as provided by subregulation 19 (5), a competitor who has given a sample must not wilfully open, or break the seal (if any) of, a security transit container containing the sample.

“(2) If the competitor, or another person, contravenes subregulation (1), or the competitor contravenes subregulation (1A), the drug control official may request the competitor to provide a further sample.”.

17.2 Subregulation 21A (4):

Omit the subregulation.

18. New regulation 21B

18.1 After regulation 21A, insert:

Drug control official to report number discrepancy

“21B. If a drug control official becomes aware that:

(a)
the number on a security transit container, or on its seal (if any), does not correspond with the relevant number on the list provided by the Agency under paragraph 14 (3) (b); or
(b)
the number on a sample bottle does not correspond with the number on its security transit container; or
(c)
a competitor, or another person, contravenes subregulation 21A (1), or a competitor contravenes subregulation 21A (1A);

the official must report that fact to the Agency in writing.”.

19. Regulation 22 (Acidity and specific gravity tests)

19.1 Subregulation 22 (2):

Omit the subregulation, substitute:

“(2) The drug control official may request the competitor to provide an additional sample if:

(a)
the relative acidity (pH) of the sample is lower than 5 or higher than 7; or
(b)
the specific gravity of the sample is lower than 1.01.”.

19.2 Subregulation 22 (4):

Omit the subregulation.

20. Regulation 23 (Drug Testing Form)

20.1 Subregulation 23 (3):

Omit the subregulation, substitute:

“(3) For the purpose of subregulation (2), a competitor may disclose medications taken by him or her in the week immediately before the sample was provided, but is under no obligation to do so.”.

20.2 Subregulation 23 (4):

Omit “Schedule 3.”, substitute “Form 4 in Schedule 1.”.

21. Regulation 24 (Transporting sample)

21.1 Subregulation 24 (3):

Omit “Schedule 4.”, substitute “Form 5 in Schedule 1.”.

21.2 Paragraph 24 (5) (a):

Omit “sealed”.

22. Regulation 26 (Effect of broken seals)

22.1 Paragraph 26 (1) (b):

After “seal”, insert “(if any)”.

22.2 Subregulation 26 (2):

After “seal”, insert “(if any)”.

22.3 Subregulation 26 (3):

Omit the subregulation.

23. Heading to Part 4 (Testing and notification of results)

23.1 Omit the heading.

24. Regulation 29 (Which sample is tested first?)

24.1 Omit the regulation, substitute:

Testing of sample

“29.(1) The accredited laboratory must test initially the sample in the A sample bottle for the presence or absence of a scheduled drug or doping method.

“(2) The accredited laboratory may conduct final testing on the sample by testing the sample in the B sample bottle only if the initial testing returns a positive test result.

Substantial compliance sufficient

“29A. Except to the extent to which a provision of this Division sets out procedures relating to a matter set out in subsection 17G (2) of the Act, strict compliance with the applicable procedures set out in this Division is not required and substantial compliance with the procedures is sufficient.

“[Note: The following matters are set out in subsection 17G (2):

(a)
the accredited laboratories by which samples are to be tested;
(b)
ensuring that a sample is not tampered with by anyone who is not authorised to deal with the sample;
(c)
ensuring that a sample’s container is securely sealed and identified;
(d)
the entering, on forms relating to the provision of samples for testing, of numbers of containers, or numbers of seals of containers, holding any part of the sample;
(e)
the signing of those forms by people required to do so.]

“PART 4—NOTIFICATION OF TEST RESULTS AND FINAL TESTING OF SAMPLES

“Division 1—Australian competitors

Application and purpose of Division

“29B. (1) This Division applies only in relation to a sample that has been provided under these Regulations by an Australian competitor.

“(2) This Division prescribes applicable procedures for the purposes of section 17F of the Act in relation to:

(a)
the notification of results from the initial testing of a sample; and

(b)
the final testing of the sample; and
(c)
the notification of results from the final testing.”.

25. Regulation 30 (Notification of results of initial tests—to Agency)

25.1 Omit the regulation, substitute:

Accredited laboratory to notify Agency of results of initial testing

“30.(1) If the initial testing of a sample by an accredited laboratory returns a negative test result, the accredited laboratory must give written notice of that result to the Agency.

“(2) If the initial testing of the sample returns a positive test result, the accredited laboratory must give written notice to the Agency of:

(a)
that result; and
(b)
the number of the security transit container that contained the sample; and
(c)
the name of the scheduled drug or doping method for which the sample returned a positive test result; and
(d)
if the schedule maintained by the Agency under paragraph 9 (1) (a) of the Act specifies a permitted level in relation to the scheduled drug or doping method that is exceeded in the sample—the fact that the permitted level is exceeded.”.

26. Regulation 31 (Notification of results of initial tests—to competitor)

26.1 Omit the regulation.

27. Regulation 32 (Testing the second sample—notification)

27.1 Omit the regulation, substitute:

Notification of positive test result from initial test

“32. For the purposes of section 17K of the Act, the Agency must ensure that the written notice given to the competitor under that section allows the competitor a reasonable time to enable his or her presence, or representation, at the final testing of the sample (including the unsealing of the sample).”.

28. Regulation 32A (Testing the second sample—what must an accredited laboratory do?)

28.1 Subregulation 32A (1):

Omit the subregulation, substitute:

“32A.(1) If the initial testing of a sample by an accredited laboratory returns a positive test result, the accredited laboratory must:

(a)
conduct final testing of the sample by testing the sample in the B sample bottle; or
(b)
send the sample in the B sample bottle, together with any remaining sample in the A sample bottle, to another accredited laboratory for testing.”.

28.2 Subregulation 32A (3):

Omit the subregulation, substitute:

“(3) If an accredited laboratory:

(a)
tests a remaining sample in an A sample bottle; and
(b)
returns a positive test result for the sample;

the laboratory must:

(c)

notify the Agency, in writing, of:

(i)
that result; and
(ii)
the number of the security transit container that contained the sample; and
(iii)
the name of the scheduled drug or doping method for which the sample returned a positive test result; and
(iv)
if the schedule maintained by the Agency under paragraph 9 (1) (a) of the Act specifies a permitted level in relation to the scheduled drug or doping method that is exceeded in the sample—the fact that the permitted level is exceeded; and
(d)
conduct final testing of the sample by testing the sample in the B sample bottle.”.

28.3 Subregulation 32A (4):

Omit “confirm that there is a possibility of a positive”, substitute “return a positive test”.

29. Regulation 32B (Procedure when a sample is tested by more than 1 accredited laboratory)

29.1 Paragraphs 32B (1) (c) to (i):

Omit the paragraphs, substitute:

“(c)
if the bottle’s security transit container is reusable:
(i)
return the bottle to its container; and
(ii)
close the container; and
(iii)
select a new numbered seal with which to seal the container; and
(iv)
place the seal into the container’s clasp with the seal number facing up; and
(v)
secure the seal to the container; and
(d)
if the bottle’s security transit container is not reusable:
(i)
select a new security transit container of the same kind; and
(ii)
place the bottle in the new container; and
(iii)
close the container securely to prevent unauthorised access to the bottle; and
(e)
prepare a carrier bag for dispatch of the sample to the other accredited laboratory; and
(f)
place the security transit containers containing the A sample bottle and B sample bottle in the carrier bag.”.

29.2 Subregulation 32B (3):

Omit “Schedule 4A.”, substitute “Form 6 in Schedule 1.”.

29.3 Subregulation 32B (6):

Omit the subregulation, substitute:

“(6) Regulation 26 does not apply, in relation to the other accredited laboratory, in respect of a carrier bag or security transit container dealt with according to this regulation.”.

30. Regulation 33 (Testing the second sample)

30.1 Omit the regulation, substitute:

Final testing of sample—positive test result if permitted level exceeded

“33. To avoid doubt, if the initial testing of a sample returns a positive test result in that the permitted level in relation to the particular scheduled drug or doping method, as set out in the schedule maintained by the Agency under paragraph 9 (1) (a) of the Act, has been exceeded, the final testing of the sample will be taken to return a positive test result in respect of the sample only if that testing confirms that the permitted level has been exceeded.”.

31. Regulation 34 (Accredited laboratory to notify Agency of results of final testing)

31.1 Subregulations 34 (1) and (2):

Omit the subregulations, substitute:

“34.(1) If the final testing of a sample by an accredited laboratory returns a negative test result, the accredited laboratory must give written notice of that result to the Agency.

“(2) If the final testing of the sample returns a positive test result, the accredited laboratory must give written notice to the Agency of:

(a)
that result; and
(b)
the number of the security transit container that contained the sample; and
(c)
the name of the scheduled drug or doping method for which the sample returned a positive test result; and
(d)
if the schedule maintained by the Agency under paragraph 9 (1) (a) of the Act specifies a permitted level in relation to the scheduled drug or doping method that is exceeded in the sample—the fact that the permitted level is exceeded.”.

32. Regulation 35 (Notification of results of second tests)

32.1 Omit the regulation, substitute:

Substantial compliance sufficient

“35. Except to the extent to which a provision of this Division sets out procedures relating to a matter set out in subsection 17G (2) of the Act, strict compliance with the applicable procedures set out in this Division is not required and substantial compliance with the procedures is sufficient.

“[Note: The following matters are set out in subsection 17G (2):

(a)
the accredited laboratories by which samples are to be tested;
(b)
ensuring that a sample is not tampered with by anyone who is not authorised to deal with the sample;
(c)
ensuring that a sample’s container is securely sealed and identified;
(d)
the entering, on forms relating to the provision of samples for testing, of numbers of containers, or numbers of seals of containers, holding any part of the sample;
(e)
the signing of those forms by people required to do so.]

“Division 2—Foreign competitors

Application of Division

“35A. This Division applies only in relation to a sample that has been provided under these Regulations by a foreign competitor.

Applicable procedures for dealing with request from International Sporting Federation

“35B. For the purposes of section 17F of the Act, the applicable procedures to be followed by the Agency in complying, under subsection 17Q (2) of the Act, with a request of an International Sporting Federation, are:

(a)
arranging for an accredited laboratory to conduct the final testing of the relevant sample; and
(b)
if requested to do so by the International Sporting Federation:
(i)
conducting, or arranging for the conduct of, any further tests in relation to the provision of the sample by the competitor; or
(ii)
notifying the competitor, or another person, of the results of the initial or final testing of the sample; and
(c)
notifying the International Sporting Federation of the results of the final testing of the sample; and
(d)
any other procedures that the Agency considers necessary to comply with the request.”.

33. Regulation 36 (Particulars to be entered on Register—sample not provided)

33.1 Omit the regulation, substitute:

Particulars to be entered on Register—failure to provide a sample

“36. For the purposes of section 17R of the Act, the following particulars must be entered on the Register:

(a)
the fact that the Agency has decided, under subsection 17A (1) of the Act, that the competitor did not have reasonable cause for failing to comply with a request to provide a sample;
(b)
the ground on which, under section 15 of the Act, the competitor has failed to comply with the request;
(c)
if that ground is of the kind set out in paragraph 15 (a) of the Act—the manner in which the request was made to the competitor;
(d)
the date on which the competitor provided, or was requested to provide, a sample (as the case may be);
(e)
the State or Territory in which the sampling occurred, or was to have occurred (as the case may be);
(f)
the sport in which the competitor competes.

“[Note: Section 17R of the Act makes provision for the entry on the Register of the competitor’s name.]”.

34. Regulation 37 (Particulars to be entered on Register—positive test result)

34.1 Omit the regulation, substitute:

Particulars to be entered on Register—positive test result

“37. For the purposes of section 17S of the Act, the following particulars must be entered on the Register:

(a)
the fact that the Agency has decided, under subsection 17M (1) of the Act, that the positive test result returned from the final testing of the competitor’s sample is valid;
(b)
the name or class of the scheduled drug or doping method in relation to which the sample returned the positive test result;
(c)
if the schedule maintained by the Agency under paragraph 9 (1) (a) of the Act specifies a permitted level in relation to the scheduled drug or doping method that is exceeded in the sample—the fact that the permitted level is exceeded;
(d)
the date on which the competitor provided the sample;
(e)
the State or Territory in which the sampling occurred;
(f)
the sport in which the competitor competes.

“[Note: Section 17S of the Act makes provision for the entry on the Register of the competitor’s name.]”.

35. Regulation 39 (Notices under section 17 of the Act)

35.1 Omit the regulation.

36. Regulation 39A (Notice to competitor following decision by Administrative Appeals Tribunal—positive test result)

36.1 Omit the regulation.

37. New regulation 44

37.1 After regulation 43, insert:

Prescribed courier services (Act, s. 67A)

“44. For the purposes of 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, Australian Company Number (‘ACN’) 000 495 269;
(b)
the courier service known as Interstate Safe Hand Courier operated by Delfast Pty Ltd, ACN 008 478 608;
(c)
the courier service known as Specialised Air Service operated by Universal Express, Business Registration Number (‘BRN’) F00069878;
(d)
the courier service known as Diplomat Courier Service operated by Universal Express, BRN F00069878;
(e)
the courier service known as Priority Courier Service operated by Wards Skyroads, an express distribution service of Mayne Nickless Limited, ACN 004 073 410.”.

38. Schedules 1 to 5

38.1 Omit the Schedules, substitute:

“SCHEDULE 1

FORMS

FORM 1

Subregulation 11 (2)

NOTIFICATION FORM

Australian Sports Drug Agency Act 1990

To: [Competitor’s name]

You have been selected for a drug test.

You will be given an Information Sheet that contains important information about the sample collection and testing process.

WARNING:

If you do not comply with a request to give a sample, you may be disciplined by your sporting organisation.

To be completed by the chaperone or drug control official if the competitor is notified in person:

Name of chaperone who notified competitor:

Event/out-of-competition:

Location:

Notification date:

Notification time:

Name of authorising drug control official:

To be completed by the drug control official if the competitor is notified by telephone:

Drug control official who notified competitor:

Notification date:

Notification time:

SCHEDULE 1—continued

To be completed by the competitor:

I acknowledge that I have been notified of my selection for a drug test and have been given a copy of the Australian Sports Drug Agency Information Sheet.

Competitor’s signature:

Date signed:

[NOTE: After completion, a copy of this notification form is to be given to the competitor]

__________________

FORM 2

Subregulation 11 (3)

information sheet

This information sheet is provided to help you.

Your rights and obligations are governed by the Australian Sports Drug Agency Act 1990 and the Australian Sports Drug Agency Regulations. You will be asked to sign a form to show that you have been given this information.

Introduction

This information sheet deals with drug testing in sport, and covers:

• who can ask you for a sample

•when and where you give a sample and who can be with you

• how you give the sample

• how you seal the sample

• what forms you are required to fill out

• how the sample is tested

•what happens if the test is negative or positive

•what happens if you refuse to give a sample

If you are not an Australian competitor, different procedures may apply for the handling of your test.

SCHEDULE 1—continued

Who can ask you to give a sample

The Australian Sports Drug Agency (ASDA) can ask you for a sample of your urine or other body tissue or fluid.

A chaperone from ASDA can ask you for the sample in person.

Otherwise, ASDA can ask you for a sample by telephone, fax, registered mail or courier. All drug control officials are also chaperones.

When and where you give the sample and who can be with you

You will be asked to go to a particular drug control facility at a certain time.

You may take a representative (such as a parent, coach or friend) with you. Your representative may stay with you through the sample collection process, but, unless you require assistance in passing a sample because of a disability, your representative may not be present to witness the actual passing of the sample.

If you are asked in person, you may be asked to give the sample as soon as practicable.

If you intend to give the sample, go with the chaperone to the drug control facility. Before you go, you may choose a representative to go with you and you may have any necessary medical treatment. If the chaperone approves, you may also go to a victory ceremony, fulfil media commitments, compete in further events, complete a current training session or warm down. You must stay within the sight of the chaperone at all times.

How you give the sample

At the drug control facility, wait with the chaperone in the waiting room.

You may take drinks to help you to give a urine sample. Anything you eat or drink is taken at your own risk. Tell the chaperone when you are ready to give a sample.

A drug control official will ask you to select a sample collection container.

Take this to the toilet area. A chaperone of your sex will go with you. You must give the sample in the direct sight of the chaperone. Your representative may wait outside while you give the sample.

SCHEDULE 1—continued

The chaperone will show you where to take the sample to be sealed.

Go with the chaperone.

The sample collection container is your responsibility.

Only you, or someone authorised by you, may handle it.

The sample and the sample collection container must always be in the sight of the chaperone.

If either is taken out of the sight of the chaperone, you may be asked to give another sample. If you refuse to give another sample, you will be taken to have failed to comply with a request to provide a sample.

How you seal the sample

A drug control official will ask you to select 2 security transit containers (marked A and B).

Check that the number of the security transit container matches the number on ASDA’s list. If each container is sealed with a security seal, check that the number of each seal matches the number on ASDA’s list. If the numbers do not match, pick another set of containers and check the numbers again.

In each security transit container there is a bottle (container A contains Bottle A, container B contains bottle B).

Remove the bottle from each container you have chosen. Check that the number of the bottle matches the number of its container. If the number does not match, pick another set of containers.

Pour the sample into the A and B bottles as directed by the drug control official.

Leave a little of the sample in the bottom of the sample collection container. Secure the cap on each bottle and check that the bottle does not leak. Place each bottle in its security transit container and close the container. If the containers have separate security seals, pick a new seal for each container and seal the container with the number facing up. If the container is hard to close, you may ask the drug control official to help you close it.

If you, or another person, interferes wilfully with any of these procedures, you may be asked to give another sample.

If you do not give another sample, you will be taken to have failed to comply with a request to provide a sample.

SCHEDULE 1—continued

A sample which is too small for testing

If the sample is not sufficient to fill the A and B bottles as directed, you will be asked to seal what you have provided and give another sample.

If you give another sample, you will be asked to mix the new sample with the first sample, pour the mixed sample into bottles A and B and then seal each bottle in its security transit container.

If you do not give a sample sufficient for testing, you will be taken to have failed to comply with a request to provide a sample.

Urine sample—is it suitable for testing?

If you have given a urine sample, the drug control official will test the relative acidity (pH) and specific gravity of the sample.

If this is outside certain limits you may be asked to give another sample. If you do not give another sample you will be taken to have failed to comply with a request to provide a sample.

Giving another sample

If you are asked to give another sample, you will be asked to return to the waiting area with a chaperone until you can give the sample.

You must follow the same procedure for giving, handling and sealing this sample as that for the original sample.

What forms you are required to fill out

The drug control official will complete a Drug Testing Form.

You will be asked to give details of any medications you have taken in the last 7 days, but you do not have to give this information. You must give the drug control official any other information necessary to complete the form.

Check the form and satisfy yourself that, to the best of your knowledge, the form is correct and complete.

If it is, sign it. Your representative (if present) and the drug control official must do the same. The chaperone will also sign the form to indicate that he or she saw you give the sample.

SCHEDULE 1—continued

The drug control official will then give you a copy of the Drug Testing Form and you may leave the drug control facility.

If you were required to provide a further sample because your first sample was insufficient for testing, you will be required to sign an Insufficient Sample Form.

How is the sample tested

All of the samples collected by ASDA are sent to an accredited laboratory for testing using recognised testing methods.

The laboratory is not given your name, only a number to identify your sample. The laboratory will test sample A for the presence or absence of a drug or doping method listed by ASDA. Sample B is only tested if there is a positive test result on sample A.

What happens if ...

the initial test result is positive?

ASDA will tell you if there is a positive test result on sample A.

ASDA may inform the International Sporting Federation of the positive result. ASDA may also inform your national sporting organisation, but will not tell it your name. You or your representative may be present when sample B is unsealed and tested.

the final test result is positive?

ASDA will give you written notice of a positive test result on sample B.

If you feel that the test result may be invalid, you may write to ASDA within 7 days of receiving the notice and set out relevant information. ASDA can only decide that the test result is invalid if the procedures for sealing the sample bottles and security transit containers were not complied with, if the sample was not tested by an accredited laboratory or if the sample was tampered with by someone other than you, or someone authorised by you to handle the sample. ASDA will decide whether the test result is valid and give you written notice of its decision.

SCHEDULE 1—continued

If ASDA decides that the result is valid, it will put your name and other details on a Register of Notifiable Events.

ASDA will give details of this entry to the sporting organisations of which you are a member as a competitor, or with which you are associated as a competitor, the Australian Sports Commission (if you or your sporting organisation receive a grant) and the relevant organisations in other countries. Those organisations will decide what further action to take. ASDA may also give the information to the Federal Minister for Sport, Territories and Local Government, if requested.

If you are unhappy with ASDA’s decision, you may ask the Administrative Appeals Tribunal to review the decision.

either test result is negative?

You will be told if the test result is negative.

ASDA may tell any sporting organisation of which you are a member as a competitor, or with which you are associated as a competitor, the Australian Sports Commission (if you or your sporting organisation receive a grant) and the relevant organisations in other countries. ASDA may also give the information to the Federal Minister for Sport, Territories and Local Government, if requested.

What happens if you refuse to give a sample

ASDA will give you written notice that you have failed to comply with a request to provide a sample.

You may write to ASDA within 7 days of receiving the notice saying why you had reasonable cause for failing to give the sample.

If ASDA decides that you did not have reasonable cause for not giving a sample, ASDA will put your name and other details on the Register of Notifiable Events.

ASDA will give details of the entry to the sporting organisations of which you are a member as a competitor, or with which you are associated as a competitor, the Australian Sports Commission (if you or your sporting organisation receive a grant) and the relevant organisations in other countries. Those organisations will decide what further action to take. ASDA may give the information to the Federal Minister for Sport, Territories and Local Government, if requested.

SCHEDULE 1—continued

If you are unhappy with ASDA’s decision, you may ask the Administrative Appeals Tribunal to review the decision.

Any other questions?

If you have any questions, ask the drug control official who is collecting your sample, or call ASDA on (06) 206 0200.

______________

FORM 3

Subregulation 19 (3A)

INSUFFICIENT SAMPLE FORM

(attach to Drug Testing Form)

Competitor’s name:

Sample number:

I was unable to provide a sufficient amount of urine for testing.

FOR SECURITY TRANSIT CONTAINERS WITH SEALS:

2. The urine provided was poured into A sample bottle number ....

The bottle was then placed into security transit container number ......... and sealed with seal number ..........

FOR SECURITY TRANSIT CONTAINERS WITHOUT SEALS:

2. The urine provided was poured into collection container number ......... and the container was closed securely to prevent unauthorised access to the sample.

3. Approximate volume of urine: millilitres

Competitor’s signature

4. I [name of chaperone] saw directly the competitor provide the sample.

Chaperone’s signature

SCHEDULE 1—continued

2nd attempt—still insufficient urine

FOR SECURITY TRANSIT CONTAINERS WITH SEALS:

5. After providing more urine, but still insufficient to satisfy requirements, I broke security seal number .......... on security transit container number ............ and added the urine to the existing sample in the sample bottle. I closed the bottle and resealed the sample in the security transit container.

The security transit container was sealed with seal number ...............

FOR SECURITY TRANSIT CONTAINERS WITHOUT SEALS:

5. After providing more urine, but still insufficient to satisfy requirements, I broke open collection container number ............... and added the urine to the existing sample in the container. I poured the urine into collection container number .............. and closed the container securely to prevent unauthorised access to the sample.

6. Approximate volume of urine: millilitres

Competitor’s signature

7. I [name of chaperone] saw directly the competitor provide the sample.

Chaperone’s signature

SCHEDULE 1—continued

3rd attempt—still insufficient urine

FOR SECURITY TRANSIT CONTAINERS WITH SEALS:

8. After providing more urine, but still insufficient to satisfy requirements, I broke security seal number .......... on security transit container number ........... and added the urine to the existing sample in the sample bottle. I closed the bottle and resealed the sample in the security transit container.

The security transit container was sealed with seal number ..........

FOR SECURITY TRANSIT CONTAINERS WITHOUT SEALS:

8. After providing more urine, but still insufficient to satisfy requirements, I broke open collection container number ............... and added the urine to the existing sample in the container. I poured the urine into collection container number ............ and closed the container securely to prevent unauthorised access to the sample.

9. Approximate volume of urine: millilitres

Competitor’s signature

10. I [name of chaperone] saw directly the competitor provide the sample.

Chaperone’s signature

(When sufficient urine has been provided, no further details are required to be entered on this form.

The drug control official will complete the Drug Testing Form, as required.)

SCHEDULE 1—continued

FORM 4

Subregulation 23 (4)

DRUG TESTING FORM

Australian Sports Drug Agency Act 1990

PART 1

STATEMENT BY DRUG CONTROL OFFICIAL

The competitor refused to give a sample./The competitor did not appear for a drug test.(strike out whichever is inapplicable)

Drug control official’s signature:

Sport (in relation to which the sample was collected):

Collection date:

Arrival time at drug control facility:

FOR SECURITY TRANSIT CONTAINERS WITH SEALS:

1. The competitor selected sealed security transit containers numbered A............ and B............

The security transit containers were resealed with security transit container seals A............ and B............

FOR SECURITY TRANSIT CONTAINERS WITHOUT SEALS:

1. The competitor selected security transit containers numbered ...................

2. Competitor details:

The competitor is: male female (circle as appropriate)

3. Sample details:

Approximate volume of sample: A ........ (mls) B......... (mls)

Using reagent strips:

(a)

Urine pH reading:

(b)

Specific gravity reading:

SCHEDULE 1—continued

4. Details of medication used: (not obliged to be given)

(Details of medication used by the competitor in the last week including over-the-counter medications, prescription drugs and any other substance taken by mouth, inhalation, injection or suppository.)

Name of medication:

Dosage: Last taken:

Comments:

PART 2

Details of incomplete urine sample: YES NO

(circle as appropriate)

Drug control official’s signature:

STATEMENT BY CHAPERONE

I, (name of chaperone), saw directly the competitor provide a sample.

Time of sample collection:

Chaperone’s signature:

DETAILS OF SECOND TESTING OFFICIAL (if drug control official and chaperone the same person)

Name: (please print)

Second testing official’s signature:

SCHEDULE 1—continued

DETAILS OF COMPETITOR (please print)

Address and telephone number:

Date of birth:

[Note: The address provided by the competitor on this Form will be the address to which ASDA will send all notices relating to the testing of the sample.]

COMPETITOR’S COMMENTS (if any):

FOR SECURITY TRANSIT CONTAINERS WITH SEALS:

The competitor selected a set of sealed security transit containers marked “A” and “B”, each containing a sample bottle.

The competitor provided the required amount of the sample, poured the sample into the bottles, returned the bottles to the security transit containers and resealed the security transit containers. The security transit container numbers and the seal numbers on the resealed security transit containers shown above correctly identify the competitor's sample.

FOR SECURITY TRANSIT CONTAINERS WITHOUT SEALS:

The competitor selected a set of security transit containers marked “A” and “B”, each containing a sample bottle.

The competitor provided the required amount of the sample, poured the sample into the bottles, returned the bottles to the security transit containers and closed the security transit containers securely to prevent unauthorised access to the sample. The security transit container numbers shown above correctly identifies the competitor’s sample.

Competitor: (print name) Signature:

Competitor's

representative: (print name) Signature:

Drug control official: (print name) Signature:

_____________

SCHEDULE 1—continued

FORM 5

Subregulation 24 (3)

LABORATORY ADVICE FORM

Australian Sports Drug Agency Act 1990

Total Number of Samples to be tested:

(To be completed by laboratory)

Seal No. on carrier bag: Date received in laboratory:

Date bag opened: No. samples received:

Samples were sealed securely when received: YES NO

(circle as appropriate)

Laboratory official’s signature:

FOR SECURITY TRANSIT CONTAINERS WITH SEALS:

Sample No.

A Seal

B Seal

✔

Sample No.

A Seal

B Seal

✔

FOR SECURITY TRANSIT CONTAINERS WITHOUT SEALS:

Security transit container No.

✔

Security transit container No.

✔

SCHEDULE 1—continued

The Samples are to be tested for: (please tick)

(

) FULL SCREEN (stimulants, narcotics, anabolic agents, diuretics, peptide hormones and analogues)

(

) OUT OF COMPETITION SCREEN (anabolic agents, diuretics, peptide hormones and analogues)

(

) MARIJUANA

(

) BETA BLOCKERS

(

) OTHER SUBSTANCES (please specify) .................................

OPENING AND RESEALING OF CARRIER BAGS BY TESTING OFFICIALS

The courier bag was sealed at [time] am/pm on [date] with seal no.:

Drug control official’s signature:

Time and date:

Second drug testing official’s signature:

Time and date:

The courier bag was opened at [time] am/pm on [date] with seal no.:

The courier bag was resealed at[time] am/pm on [date] with seal no.:

Drug control official’s signature:

Second drug testing official’s signature:

___________________

SCHEDULE 1—continued

FORM 6

Subregulation 32B (3)

TRANSFER ADVICE FORM

Australian Sports Drug Agency Act 1990

(To be completed by first laboratory)

Date samples received: Seal no. of carrier bag:

Date samples sent to second laboratory:

Name of second laboratory:

Total no. of samples to be tested:

FOR SECURITY TRANSIT CONTAINERS WITH SEALS:

Sample No.

Former A Seal

A Seal

B Seal

FOR SECURITY TRANSIT CONTAINERS WITHOUT SEALS:

Former A sample security transit container No.

New A sample security transit container No.

B sample security transit container No.

The samples are to be tested for: (specify substances and attach preliminary data)

Signature of Principal Chemist of first laboratory:

Date:

(To be completed by second laboratory)

Date samples received: No. of samples received:

All samples were sealed securely when received: YES NO

(circle as appropriate)

Laboratory official’s signature:

Date:

________________

39. Schedule 6 (International anti-doping arrangements)

39.1 Omit the table, substitute:

Item No.	International anti-doping arrangement
1	International Anti-Doping Arrangement, signed at Canberra on 18 April 1996
2	International Doping Tests and Management and the Australian Sports Drug Agency Anti-Doping Arrangement, signed at Canberra on 25 October 1994
3	Memorandum of Understanding Between the Australian Sports Drug Agency and the Chinese Anti-Doping Commission Concerning Cooperation in the Development of Measures Against Doping in Sport, signed at Beijing on 25 October 1994
4	Council of Europe Anti-Doping Convention, acceded to by Australia at Melbourne on 24 April 1994
5	Arrangement between the Government of Australia and the Government of New Zealand Concerning the Reciprocal Development and Enforcement of Measures Against Doping in Sport, signed at Canberra on 17 March 1992

____________________________________________________________

NOTES

1. Notified in the Commonwealth of Australia Gazette on 24 July 1996.
2. Statutory Rules 1991 No. 19 as amended by 1993 No. 210; 1994 Nos. 284 and 410.

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Australian Sports Drug Agency Regulations (Amendment) (Cth)

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