Australian Sports Drug Agency Regulations (Amendment) (Cth)

Statutory Rules 1994

No. 284 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, make the following Regulations under the Australian Sports Drug Agency Act 1990.

Dated 16 August 1994.

 BILL HAYDEN

 Governor-General

By His Excellency’s Command,

R. Mcmullan

Minister for Trade for

Minister for the Environment, Sport and Territories

____________

1.   Amendment

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

[NOTE: These Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.]

2.   Regulation 27 (How may a sample be tested?)

2.1   Add at the end:

“(2)

A sample may be tested under these Regulations at one, or more than one, accredited laboratory.”.

3.   New regulation 32A

3.1   After regulation 32, insert:

Testing the second sample - what must an accredited laboratory do?

 “32A.(1) If an accredited laboratory finds there is the possibility of a positive test result for a sample in an A sample bottle, the laboratory must:

• (a)

  test the sample in the relevant B sample bottle under regulation 33; or

• (b)

  send the sample in the relevant B sample bottle, together with any remaining sample in the A sample bottle, to another accredited laboratory for testing under that regulation.

“(2)

If a sample is sent to another accredited laboratory under paragraph (1) (b), that accredited laboratory must, for the purposes of these Regulations, test any remaining sample in the A sample bottle.

“(3)

An accredited laboratory that tests a remaining sample in an A sample bottle and confirms that there is a possibility of a positive result for the sample, does not have to notify the competitor under regulation 31 of the results of the test.

“(4)

An accredited laboratory that tests a remaining sample in an A sample bottle and does not confirm that there is a possibility of a positive result for the sample:

• (a)

  must notify the competitor under subregulation 31 (1); and

• (b)

  does not have to test the B sample.”.

4.   New regulation 32B

4.1   After regulation 32A, insert:

Procedure when a sample is tested by more than one accredited laboratory

 “32B.(1) If an accredited laboratory is to send a sample to another accredited laboratory under paragraph 32A (1) (b), the laboratory must:

• (a)

  resecure the cap on the A sample bottle; and

• (b)

  check that the bottle does not leak; and

• (c)

  return the bottle to its security transit container; and

• (d)

  close the security transit container; and

• (e)

  select a new security transit container seal; and

• (f)

  place the seal into the security container clasp with the security transit container seal number facing up; and

• (g)

  secure the seal to its container; and

• (h)

  prepare a carrier bag for dispatch of the samples to the other accredited laboratory; and

• (i)

  place the sealed security containers containing the A sample bottle and B sample bottle in the carrier bag.

“(2)

The Principal Chemist of the laboratory must:

• (a)

  complete and sign a Transfer Advice Form for the A sample bottle and the B sample bottle; and

• (b)

  place the Transfer Advice Form with the copy of Part 1 of the Drug Testing Form and a copy of the Laboratory Advice Form in the carrier bag.

“(3)

The Transfer Advice Form is to be substantially in accordance with Schedule 4A.

“(4)

The Principal Chemist must record on the Transfer Advice Form the number of the carrier bag seal with which the carrier bag is to be sealed.

“(5)

The carrier bag must be:

• (a)

  sealed; and

• (b)

  sent to the other accredited laboratory, as soon as possible after it is sealed, by means that will ensure the safe arrival of its contents at the laboratory.

“(6)

Regulation 26 does not apply to a carrier bag or security transit container opened and resealed, or to a seal broken and replaced, by another accredited laboratory.”.

5.   New Schedule 4A

5.1   After Schedule 4, insert:

 “SCHEDULE  4A Subregulation 32B (3)

TRANSFER ADVICE FORM

Australian Sports Drug Agency Act 1990

Date received in Laboratory: ______________ Carrier Bag No.:

Total Number of samples to be tested: _________

Sample No. Former A Seal A Seal B Seal

The samples are to be tested for:

(specify substances and attach preliminary data)

The number of the seal used to seal the carrier bag is

...................................................

(Principal Chemist’s signature)

(Date)”. 

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 23 August 1994.

2. Statutory Rules 1991 No. 19 as amended by 1993 No. 210.