Australian Sports Drug Agency Regulations (Amendment) (Cth)

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Statutory Rules 1993

No. 210 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 27 July 1993.

 BILL HAYDEN

 Governor-General

 By His Excellency’s Command,

R. KELLY

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 3 (Interpretation)

2.1   After “ ‘Notification Form’ means”, omit “the”.

3.   New regulation 3A

3.1   After regulation 3, insert:

Sending a document by post

“3A

(1) In these Regulations, a reference to the sending a document by prepaid registered letter is to be read as a reference to sending the document through the post by any means by which a receipt or other proof of its delivery is obtained by the sender.

“(2)

Under these Regulations, a document which is sent by prepaid registered letter is taken to have been received by the addressee within the normal course of post.”.

4.    Regulation 8 (Notification of selected competitor)

4.1   Paragraph 8 (2) (b):

Omit the words “, by prepaid registered letter sent to the last known address of the competitor”.

4.2   New subregulation 8 (2A):

“(2A)

Notice in writing may be given to the competitor:

  • (a)

    personally—by handing the notice to the competitor, or if the competitor refuses to accept the notice, by putting the notice down in the presence of the competitor and stating the nature of the notice;

  • (b)

    by mail—by sending the notice by prepaid registered letter to the last known address of the competitor.”.

4.3   Subregulation 8 (7):

Omit the subregulation, substitute:

“(7)

If the Agency or a chaperone intends to ask a competitor who is under the age of 18 years to give a sample, the Agency or chaperone may notify any of the following persons before notifying the competitor:

  • (a)

    the competitor’s parent or guardian;

  • (b)

    the competitor’s coach;

  • (c)

    the competitor’s team manager or any person in a similar position of authority.

“(8)

If the Agency or a chaperone intends to ask a competitor who is intellectually disabled to give a sample, the Agency or chaperone may notify any of the following persons before notifying the competitor:

  • (a)

    the competitor’s guardian;

  • (b)

    the competitor’s spouse;

  • (c)

    a member of the competitor’s immediate family who is 18 years of age or over;

  • (d)

    the competitor’s coach;

  • (e)

    the competitor’s team manager or any person in a similar position of authority.

“(9)

If a competitor is deaf, is unable to speak English, or for some other reason is unable to receive and understand a request to give a sample, and the Agency or a chaperone intends to make such a request, the Agency or chaperone may notify any of the following persons before notifying the competitor:

  • (a)

    the competitor’s guardian;

  • (b)

    the competitor’s spouse;

  • (c)

    a member of the competitor’s immediate family who is 18 years of age or over;

  • (d)

    the competitor’s coach;

  • (e)

    the competitor’s team manager or any person in a similar position of authority.

“(10)

If the competitor or another person mentioned in subregulation (7), (8), or (9) is deaf or unable to speak English, the Agency or chaperone may communicate with the person through an interpreter.

“(11)

If a drug control official wishes to contact a competitor by telephone to ask the competitor to give a sample, the official may, if it is necessary to establish contact:

  • (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)

    ask the person to ask the competitor to come to the telephone.

“(12)

If a chaperone wishes to contact the competitor in person to ask the competitor to give a sample, the chaperone may, if it is necessary to establish contact:

  • (a)

    identify himself or herself to any person; and

  • (b)

    tell the person he or she is a chaperone with the Agency; and

  • (c)

    ask the person to point out the competitor or indicate where the competitor is.

“(13)

Except as provided in subregulations (7) to (12), the Agency, a drug control official or a chaperone must not disclose the identity of a competitor selected to provide a sample until the competitor is asked to provide the sample.”.

5.    Regulation 10 (Confirmation of telephone request)

5.1   Add at the end:

“(2)

It is sufficient compliance with subregulation (1) if a completed Notification Form is given to the competitor under paragraph 11 (1) (h).”.

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

6.1   Paragraph 11 (1) (j):

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

6.2   Paragraph 11 (1) (k):

Omit the paragraph.

6.3   After subregulation 11 (1), insert:

 “(1a) If the chaperone asks a competitor in person to provide a sample, the chaperone may ask the competitor to accompany the chaperone to the drug control facility.”.

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

7.1   Subregulation 13 (1):

Add at the end:

  • “; and (f)

    the persons and bodies who must be notified under section 17 of the Act of a failure to comply with a request to give a sample or a positive test result, or who may be notified under section 17A of the Act of a negative test result.”.

7.2   Subregulation 13 (3):

Omit “paragraphs (1) (a) to (e) (inclusive) and paragraphs 2 (a), (b) and (c)”, substitute “subregulations (1) and (2)”.

8.    Regulation 19 (Sample of urine to be required volume)

8.1   Omit the regulation, substitute:

Sample must be sufficient for testing

“19.

(1) If a sample is not sufficient to be analysed in accordance with these Regulations, the drug control official may request the competitor to give a further sample.

“(2)

If a competitor fails to give a further sample, the competitor is taken to have failed to comply with a request to give a sample.

“(3)

If a competitor intends to give a further sample, the competitor must pour the sample so far collected into an A sample bottle and, if the A sample bottle is filled, a B sample bottle, and seal each bottle in its security transit container in accordance with subregulation 21 (10).

“(4)

After the sample so far collected is bottled and sealed, the competitor must return, with the chaperone, to the waiting area until the competitor is ready to give a further sample.

“(5)

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

  • (a)

    break the seal on the A security transit container; and

  • (b)

    if any of the sample so far collected is in the B sample bottle, break the seal on the B security transit container; and

  • (c)

    pour the sample so far collected into the sample collection container and mix it with the further sample; and

  • (d)

    pour the contents of the sample collection container back into the A sample bottle and, if the A sample bottle is filled, into the B sample bottle and seal each bottle in its security transit container in accordance with subregulation 21 (10).

“(6)

The process described in subregulations (4) and (5) must be repeated until a sufficient sample is collected.

“(7)

If the process is not repeated until a sufficient sample is collected, the competitor is taken not to have complied with a request to give a sample.”.

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

9.1   Subregulation 20 (1):

Omit “placed”, substitute “sealed”.

9.2   Add at the end:

“(2)

If a person contravenes subregulation (1), a drug control official may request the competitor to provide a further sample.

“(3)

The sample collection container and the sample must be within the sight of at least one drug control official or other chaperone from the time the container is chosen by the competitor until the sample is poured into the A and B sample bottles and each bottle is sealed in its security transit container.

“(4)

If the competitor or a person authorised by the competitor to handle the sample collection container, takes the sample collection container or the sample out of the sight of at least one drug control official or other chaperone, a drug control official may request the competitor to give a further sample.

“(5)

If the contents of the sample bottle are lost a drug control official may request the competitor to give a further sample.

“(6)

If the competitor gives a further sample under subregulation (2), (4) or (5), the procedures set out in these Regulations for the collection and control of a sample apply to the further sample.

“(7)

If the competitor does not give a further sample, the competitor is taken to have failed to comply with a request to give a sample.”.

10.   New regulation 21a

10.1   After regulation 21, insert:

Interference with identification and attestation procedure

 “21a. (1) If a competitor who has given a sample wilfully interferes with the identification and attestation procedures set out in regulation 21, the competitor is taken to have failed to comply with a request to give a sample.

“(2)

If a person other than a competitor interferes with the identification and attestation procedures set out in regulation 21, a drug control official may request the competitor to give a further sample.

“(3)

If a competitor gives a further sample under subregulation (2), the procedures set out in these Regulations for the collection and control of a sample apply to the further sample.

“(4)

If a competitor does not give a further sample, the competitor is taken to have failed to comply with a request to give a sample.”.

11.   Regulation 22 (Acidity and specific gravity test)

11.1   Add at the end:

“(4)

If a competitor does not give an additional sample, the competitor is taken to have failed to comply with a request to give a sample.”.

12.   Regulation 26 (Effect of broken seals)

12.1   Add at the end:

“ (3)

If a competitor who has provided a sample wilfully opens or breaks a seal on a security transit container containing the sample, then, unless the competitor is acting in accordance with subregulation 19 (5), the competitor is taken to have failed to comply with a request to provide a sample.”.

13.   Regulation 31 (Notification of results of initial tests–to competitor)

13.1   Paragraph 31 (2) (b):

Omit the paragraph, substitute:

  • “(b)

    in writing;”

13.2   New subregulation 31 (4):

After subregulation (3), insert:

“(4)

Notice in writing may be given to the competitor:

  • (a)

    personally—by handing the notice to the competitor, or if the competitor refuses to accept the notice, by putting the notice down in the presence of the competitor and stating the nature of the notice; or

  • (b)

    by mail—by sending the notice by prepaid registered letter to the competitor at any address at which the Agency reasonably believes that the competitor may be contacted.”.

14.   Regulation 34 (Notification of final test results—to Agency

14.1   Paragraph 34 (2) (c):

Omit the paragraph, substitute:

  • “(c)

    if the schedule maintained by the Agency under paragraph 9 (1) (a) of the Act specifies a permitted level that is exceeded by an amount of a scheduled drug found to be present in the sample—the fact that the permitted level is exceeded.”.

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

15.1   Paragraph 35 (2) (b):

Omit the paragraph, substitute:

  • “(b)

    in writing;”

15.2   After subregulation (3), insert:

“(4)

Notice in writing may be given to the competitor:

  • (a)

    personally—by handing the notice to the competitor, or if the competitor refuses to accept the notice, by putting the notice down in the presence of the competitor and stating the nature of the notice;

  • (b)

    by mail—by sending the notice by prepaid registered letter to the competitor at any address at which the Agency reasonably believes that the competitor may be contacted.”.

16.   Regulation 38 (Who may be notified of a negative test result?)

16.1   Omit the regulation.

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

17.1   Omit the regulation, substitute:

Notices under section 17 of the Act

“39.

(1) For the purposes of section 17 of the Act, if an accredited laboratory advises the Agency that it has confirmed a positive test result in relation to a competitor after the testing of a sample in a B sample bottle:

  • (a)

    notice under paragraph 17 (1) (a) of the Act to the competitor is to be substantially in accordance with Form 1 in Schedule 5; and

  • (b)

    notice under paragraph 17 (1) (b) of the Act to a sporting organisation of which the competitor is, in his or her capacity as a competitor, a member or is, in that capacity, associated in any way is to be substantially in accordance with Form 2 in Schedule 5; and

  • (c)

    notice under paragraph 17 (1) (c) of the Act to the Australian Sports Commission in respect of the competitor is to be substantially in accordance with Form 3 in Schedule 5; and

  • (d)

    notice under paragraph 17 (1) (d) of the Act to an authority of a foreign country is to be substantially in accordance with Form 3A in Schedule 5.

“(2)

For the purposes of section 17 of the Act, if a competitor failed to comply with a request to provide a sample:

  • (a)

    notice under paragraph 17 (1) (a) of the Act to the competitor is to be substantially in accordance with Form 4 in Schedule 5; and

  • (b)

    notice under paragraph 17 (1) (b) of the Act to a sporting organisation of which the competitor is, in his or her capacity as a competitor, a member or is, in that capacity, associated in any way is to be substantially in accordance with Form 5 in Schedule 5; and

  • (c)

    notice under paragraph 17 (1) (c) of the Act to the Australian Sports Commission in respect of the competitor is to be substantially in accordance with Form 6 in Schedule 5; and

  • (d)

    notice under paragraph 17 (1) (d) of the Act to an authority of a foreign country is to be substantially in accordance with Form 6A in Schedule 5.

“(3)

For the purposes of section 17 of the Act:

  • (a)

    notice under subsection 17 (3) of the Act to a competitor is to be substantially in accordance with Form 7 in Schedule 5; and

  • (b)

    notice under subsection 17 (3) of the Act to a sporting organisation is to be substantially in accordance with Form 8 in Schedule 5; and

  • (c)

    notice under subsection 17 (3) of the Act to the Australian Sports Commission is to be substantially in accordance with Form 9 in Schedule 5; and

  • (d)

    notice under subsection 17 (3) of the Act to an authority of a foreign country is to be substantially in accordance with Form 10 in Schedule 5; and

“(4)

A notice under subsection 17 (1) or (3) of the Act must be given in writing.

“(5)

Notice in writing may be given to the competitor:

  • (a)

    personally—by handing the notice to the competitor, or if the competitor refuses to accept the notice, by putting the notice down in the presence of the competitor and stating its contents; or

  • (b)

    by mail—by sending the notice by prepaid registered letter to the competitor at any address at which the Agency reasonably believes that the competitor may be contacted.”.

18.   New regulation 39A

18.1   After regulation 39, insert:

Notice to competitor following decision by Administrative Appeals Tribunal — positive test result

 “39A.(1) If:

  • (a)

    an entry is made on the Register as a result of a determination under section 16 of the Act that a positive test result is valid; and

  • (b)

    either:

    • (i)

      the entry is later removed from the Register under subsection 16 (7) of the Act; or

    • (ii)

      an order is made, or orders are made, under section 41 of the Administrative Appeals Tribunal Act 1975 staying or otherwise affecting the operation or implementation of the determination;

 the Agency must, as soon as practicable, give written notice of the fact to each person to whom, and each organisation to which, notice of the contents of the entry was given under subsection 17 (1) of the Act.

“(2)

Notice under this regulation to a competitor is to be substantially in accordance with Form 11 in Schedule 5.

“(3)

Notice under this regulation to a sporting organisation is to be substantially in accordance with Form 8 in Schedule 5.

“(4)

Notice under this regulation to the Australian Sports Commission is to be substantially in accordance with Form 9 in Schedule 5.

“(5)

Notice under subsection 17 (3) of the Act to an authority of a foreign country is to be substantially in accordance with Form 10 in Schedule 5.”.

19.    Regulation 40 (Remuneration and allowances)

19.1   Omit the regulation.

20.    New regulation 43

20.1   After Regulation 42, insert:

Anti-doping arrangements

“43.

For the purposes of section 66a of the Act, the international arrangements specified in Schedule 6 are anti-doping arrangements for the purposes of the Act.”.

21.     Schedule 1 (Notification Form)

21.1   Omit the Schedule, substitute:

“SCHEDULE 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 if the competitor is notified in person:

Chaperone who notified competitor:

Event/Occasion:

Location:

Notification Date:

Notification Time:

Name of authorising drug control official:

SCHEDULE 1—continued

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:

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]”.

____________

22.    Schedule 2 (Information Sheet)

22.1   Omit the Schedule, substitute:

“SCHEDULE 2

Subregulation 11 (3)

SPORTS DRUG TESTING INFORMATION SHEET

This information 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.

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 or by registered mail. All drug control officials are also chaperones.

SCHEDULE 2—continued

When and where do you give the sample?

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.

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.

Giving 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 consumed 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 go with you.

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 a chaperone.

 If either is taken out of the sight of a chaperone, then 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 give a sample.

SCHEUDLE 2—continued

Sealing the sample

A drug control official will ask you to select 2 security transit containers (marked A and B), each sealed with security seals.

 Check that the number on the security transit container matches the number on ASDA’s list. Check that the number on the seal on the security transit container matches that 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).

 Break the seal on each container chosen by you and remove the bottle.  Check that the number on the bottle matches the number on 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. Pick a new seal for each container and seal the container with the number facing up.

If you wilfully interfere with any of these procedures, you will be taken to have failed to comply with a request to give a sample.

 If another person interferes with 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 give a sample.

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 back into bottles A and B and 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 give a sample.

SCHEDULE 2—continued

Urine sample—is it suitable for testing?

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

 If this is outside the limits set by ASDA 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 give 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. 

Filling out the drug testing form

The drug control official will complete a Drug Testing Form.

 You will be asked to give details of any medication 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.

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

 

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.

SCHEDULE 2—continued

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. You or your representative may be present when sample B is unsealed and tested. 

What happens if the final test result is positive?

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

 You may make a submission to ASDA within 7 days of receiving the notice setting out information to show that the test result is invalid. ASDA can only decide that the test result is invalid if the procedures for sealing the sample bottles and security transit containers are not complied with, if the sample is not tested by an accredited laboratory, or if the sample is 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. 

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 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 Commonwealth Minister for the Environment, Sport and Territories, if requested.

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

 

What happens if the 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 Commonwealth Minister for the Environment, Sport and Territories, if requested.

SCHEDULE 2—continued

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 give a sample.

 You may make a submission to ASDA that 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, it will put your name and other details on a 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 Commonwealth Minister for the Environment, Sport and Territories, if requested.

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) 281 1822.”.

____________

23.   Schedule 3 (Drug Testing Form)

23.1   Heading:

Omit “22 (3)”, substitute “23 (4)”.

23.2   Part 3:

Omit the Part.

24.   Schedule 4 (Laboratory Advice Form)

24.1   Omit the following words:

“Security transit container sample numbers

Security transit container seals—total No.

Security transit container seals Nos.

Please list any security transit container seals or carrier bag seals broken when received”.

25.   Schedule 5 (Notices for the purposes of section 17 of the Act)

25.1   Omit the Schedule, substitute:

“SCHEDULE 5

NOTICES RELATING TO POSITIVE TEST RESULT OR FAILURE TO COMPLY WITH A REQUEST TO PROVIDE A SAMPLE

FORM 1

Paragraph 39 (1) (a)

Australian Sports Drug Agency Act 1990

NOTICE TO COMPETITOR

Entry on Register of Notifiable Events

To: [Name and address of competitor]

There was a positive test result on the sample you gave on [date sample given] .

[Either:]

You have not made a submission to support a determination that the positive test result is invalid.

[Or:]

You have made a submission that the positive test result is invalid.

 

The Agency has decided under section 16 of the Australian Sports Drug Agency Act 1990 that the positive test result is valid. The reasons for the Agency’s decision are as follows:

[NOTE: Section 16 (2) of the Act sets out the only grounds on which the Agency could find that the test was invalid]

The following details have been entered on the Register of Notifiable Events maintained by the Australian Sports Drug Agency:

 [Details of Register entry]

The [names of organisations informed] have been given details of the entry.

SCHEDULE 5—continued

If you are dissatisfied with the Agency’s decision, you may apply, in accordance with subsection 16 (6) of the Australian Sports Drug Agency Act 1990 and subject to the Administrative Appeals Tribunal Act 1975, to the Administrative Appeals Tribunal for review of the Agency’s decision.

If the Administrative Appeals Tribunal sets aside the decision of the Agency, the Agency will, as soon as practicable, remove the entry from the Register.

 If the entry is removed, the Agency will, as soon as practicable, tell you in writing of that fact. The Agency will also inform those organisations notified of the entry that it has been removed.

If the Administrative Appeals Tribunal makes an order under section 41 of the Administrative Appeals Tribunal Act 1975 staying or otherwise affecting the operation of the decision, the Agency will, as soon as practicable, tell you in writing of that fact. The Agency will also inform those organisations notified of the entry of the Administrative Appeal Tribunal’s order.

Date:

Chief Executive

Australian Sports Drug Agency

_____________

FORM 2

Paragraph 39 (1) (b)

Australian Sports Drug Agency Act 1990

NOTICE TO SPORTING ORGANISATION RELATING TO A COMPETITOR’S POSITIVE TEST RESULT

To: [Name and address of sporting organisation of which a competitor, who has returned a positive test result, is a member or associated in any way]

On [date of notification] I advised [name of competitor] that he [or she] has returned a positive test result on a sample provided for drug testing.

SCHEDULE 5—continued

The following details relating to the competitor have been entered on the Register of Notifiable Events maintained by the Australian Sports Drug Agency: [Details of Register Entry]

[Either:]

The competitor was tested at [name of event or competition].

[Or:]

The competitor was tested out of competition.

Please advise me, in due course, of any action your organisation takes on this matter.

 

[To be included if the Australian Sports Commission has been advised in accordance with subsection 17 (1) of the Act:]

I have also provided the Australian Sports Commission with details of the entry on the Register in relation to the competitor. You should also advise the Australian Sports Commission of any action your organisation takes on this matter.

Date:

Chief Executive

Australian Sports Drug Agency

 

_____________

 FORM 3

Paragraph 39 (1) (c)

Australian Sports Drug Agency Act 1990

NOTICE TO AUSTRALIAN SPORTS COMMISSION RELATING TO A COMPETITOR’S POSITIVE TEST RESULT

To: Executive Director

 Australian Sports Commission

On [date of notification] I advised [name of competitor] that he [or she] has returned a positive test result on a sample provided for drug testing.

The following details relating to the competitor have been entered on the Register of Notifiable Events maintained by the Australian Sports Drug Agency: [Details of Register Entry]

SCHEDULE 5—continued

[Either:]

The competitor was tested at [name of event or competition].

[Or:]

The competitor was tested out of competition.

I have also given [name of sporting organisation(s) which have been informed] details of the entry on the Register in relation to the competitor.

[Either:]

The Agency is aware that the competitor receives direct funding from the Australian Sports Commission.

[Or:]

The Agency is not aware whether the competitor receives direct funding from the Australian Sports Commission.

Date: 

Chief Executive

Australian Sports Drug Agency

_____________

FORM 3A

Paragraph 39 (1) (d)

Australian Sports Drug Agency Act 1990

NOTICE TO AUTHORITY OF A FOREIGN COUNTRY RELATING TO A COMPETITOR’S POSITIVE TEST RESULT

To: [Name and address of authority of country with which Australia is a party to an international anti-doping arrangement]

I have today advised [name of competitor] that he [or she] has returned a positive test result on a sample provided for drug testing.

The following details relating to the competitor have been entered on the Register of Notifiable Events maintained by the Australian Sports Drug Agency: [Details of Register Entry]

SCHEDULE 5—continued

[Either:]

The competitor was tested at [name of event or competition].

[Or:]

The competitor was tested out of competition.

Date:

Chief Executive

Australian Sports Drug Agency

_____________

FORM 4

Paragraph 39 (2) (a)

Australian Sports Drug Agency Act 1990

NOTICE TO COMPETITOR—FAILURE TO COMPLY WITH REQUEST TO PROVIDE A SAMPLE

To: [Name and address of competitor]

You were requested on [date request made] to give a sample for drug testing.

You have failed to give the sample.

[If a submission has been made by or on behalf of the competitor before the end of the submission period provided for in the Act:]

The Agency has considered your submission that you had a reasonable cause for failing to give the sample.

 The Agency has decided under paragraph 13 (1) (b) of the Australian Sports Drug Agency Act 1990 that you did not have reasonable cause for failing to comply with the request to give a sample for drug testing. The Agency’s reasons for that decision are as follows [Details of reasons for the Agency’s decision]:

[If a submission has not been made by or on behalf of the competitor before the end of the submission period provided for in the Act:]

SCHEDULE 5—continued

No submission has been made by you or on your behalf that you had reasonable cause for failing to comply with this request.

The Agency has decided under paragraph 13 (1) (b) of the Australian Sports Drug Agency Act 1990 that you did not have reasonable cause for failing to comply with the request to give a sample for drug testing. The Agency’s reasons for that decision are as follows: [Details of reasons for the Agency’s decision]

As a result of this decision the following details have been entered on the Register of Notifiable Events: [Details entered on the Register of Notifiable Events]

The [names of organisations informed] have been given details of this entry:

If you are dissatisfied with the Agency’s decision, you may apply, in accordance with section 13 (6) of the Australian Sports Drug Agency Act 1990 and subject to the Administrative Appeals Tribunal Act 1975, to the Administrative Appeals Tribunal for review of the Agency’s decision.

If the Administrative Appeals Tribunal sets aside the decision of the Agency, the Agency will, as soon as practicable, remove the entry from the Register.

 If the entry is removed, the Agency will, as soon as practicable, tell you in writing of that fact. The Agency will also inform those organisations notified of the entry that it has been removed.

If the Administrative Appeals Tribunal makes an order under section 41 of the Administrative Appeals Tribunal Act 1975 staying or otherwise affecting the operation of the decision, the Agency will, as soon as practicable, tell you in writing of that fact. The Agency will also inform those organisation notified of the entry of the Administrative Appeal Tribunal’s order.

Date:

Chief Executive

Australian Sports Drug Agency

_____________

SCHEDULE 5—continued

FORM 5

Paragraph 39 (2) (b)

Australian Sports Drug Agency Act 1990

NOTICE TO SPORTING ORGANISATION RELATING TO A COMPETITOR WHO FAILED TO COMPLY WITH A REQUEST TO PROVIDE A SAMPLE

To: [Name and address of sporting organisation of which the competitor who has failed to comply with a request to provide a sample for drug testing is a member or associated in any way]

On [date of notification] I advised [name of competitor] that the Agency has decided that he [or she] has failed to comply with a request to provide a sample for drug testing.

The following details relating to the competitor have been entered on the Register of Notifiable Events maintained by the Australian Sports Drug Agency: [Details of Register Entry]

[Either:]

The competitor was requested to provide a sample at [name of event or competition].

[Or:]

The competitor was requested to provide a sample out of competition.

Please advise me, in due course, of any action your organisation takes on this matter.

 

[To be included if the Australian Sports Commission has been advised in accordance with subsection 17 (1) of the Act:]

I have also provided the Australian Sports Commission with details of the entry on the Register in relation to the competitor. You should also advise the Australian Sports Commission of any action your organisation takes on this matter.

Date:

Chief Executive

Australian Sports Drug Agency

_____________

SCHEDULE 5—continued

 FORM 6 Paragraph 39 (2) (c)

Australian Sports Drug Agency Act 1990

NOTICE TO AUSTRALIAN SPORTS COMMISSION RELATING TO A COMPETITOR WHO FAILED TO COMPLY WITH A REQUEST TO PROVIDE A SAMPLE

To: Executive Director

 Australian Sports Commission

On [date of notification] I advised [name of competitor] that the Agency has decided that he [or she] has failed to comply with a request to provide a sample for drug testing.

The following details relating to the competitor have been entered on the Register of Notifiable Events maintained by the Australian Sports Drug Agency: [Details of Register Entry]

[Either:]

The competitor was requested to provide a sample at [name of event or competition].

[Or:]

The competitor was requested to provide a sample out of competition.

I have also given [name of sporting organisation(s) which have been informed] details of the entry on the Register in relation to the competitor.

[Either:]

The Agency is aware that the competitor receives direct funding from the Australian Sports Commission.

[Or:]

The Agency is not aware whether the competitor receives direct funding from the Australian Sports Commission.

Date:

Chief Executive

Australian Sports Drug Agency

_____________

SCHEDULE 5—continued

FORM 6A

Paragraph 39 (2) (d)

Australian Sports Drug Agency Act 1990

NOTICE TO AUTHORITY OF A FOREIGN COUNTRY RELATING TO A COMPETITOR WHO FAILED TO COMPLY WITH A REQUEST TO PROVIDE A SAMPLE

To: [Name and address of authority of country with which Australia is a party to an international anti-doping arrangement]

On [date of notification] I advised [name of competitor] that the Agency has decided that he [or she] has failed to comply with a request to provide a sample for drug testing.

The following details relating to the competitor have been entered on the Register of Notifiable Events maintained by the Australian Sports Drug Agency: [Details of Register Entry]

[Either:]

The competitor was requested to provide a sample at [name of event or competition].

[Or:]

The competitor was requested to provide a sample out of competition.

Date:

Chief Executive

Australian Sports Drug Agency

_____________

 

SCHEDULE 5—continued

 FORM 7

Paragraph 39 (3) (a)

Australian Sports Drug Agency Act 1990

NOTICE TO COMPETITOR FOLLOWING DECISION BY ADMINISTRATIVE APPEALS TRIBUNAL

RELATING TO A COMPETITOR WHO FAILED TO COMPLY WITH A REQUEST TO GIVE A SAMPLE

To:[Name and address of competitor]

On [date] you were informed by the Agency that the Agency had decided under paragraph 13 (1) (b) of the Australian Sports Drug Agency Act 1990 that you did not have reasonable cause for failing to comply with a request on [date] to provide a sample for drug testing.

You were also informed that details relating to the failure had been entered on the Register of Notifiable Events maintained by the Agency.

[Either:]

The Administrative Appeals Tribunal has set aside the decision of the Agency that you did not have reasonable cause for failing to comply with the request to provide a sample.

  As a result, the Agency has removed from the Register the entry that relates to that failure to comply. I have given written notice of this fact to each person to whom, and each organisation to which, notice of the contents of the entry was given.

[Or:]

An order has been made under section 41 of the Administrative Appeals Tribunal Act 1975 staying or otherwise affecting the operation or implementation of the decision of the Agency.  I have given written notice of this fact to each person to whom, and each organisation to which, notice of the contents of the entry was given.

Date:

  Chief Executive

Australian Sports Drug Agency

_____________

SCHEDULE 5—continued

FORM 8

Paragraph 39 (3) (b) and

 subregulation 39A (3)

Australian Sports Drug Agency Act 1990

NOTICE TO SPORTING ORGANISATIONS RELATING TO REMOVAL OF NAME FROM REGISTER

To: [Name and address of sporting organisation(s) previously advised by the Agency under subsection 17 (1) of the Act of entry of the competitors details onto the register]

I have today told [name of competitor] that the Agency has removed from the Register of Notifiable Events the competitor’s name and relevant details.

A copy of the advice sent to the competitoris attached for your information.

Date:

Chief Executive

Australian Sports Drug Agency

_____________

FORM 9

Paragraph 39 (3) (c) and

 subregulation 39A (4)

Australian Sports Drug Agency Act 1990

NOTICE TO AUSTRALIAN SPORTS COMMISSION RELATING TO REMOVAL OF NAME FROM REGISTER

To: Executive Director

 Australian Sports Commission

I have today told [name of competitor] that the Agency has removed from the Register of Notifiable Events the competitor’s name and relevant details.

SCHEDULE 5—continued

A copy of the advice sent to the competitoris attached for your information.

Date:

Chief Executive

Australian Sports Drug Agency

_____________

FORM 10

Paragraph 39 (3) (d) and

subregulation 39A (5)

Australian Sports Drug Agency Act 1990

NOTICE TO AUTHORITY OF A FOREIGN COUNTRY RELATING TO REMOVAL OF NAME FROM REGISTER

To: [Name and address of authority of country with which Australia is a party to an international anti-doping arrangement]

I have today told [name of competitor] that the Agency has removed from the Register of Notifiable Events the competitor’s name and relevant details.

A copy of the advice sent to the competitoris attached for your information.

Date:

Chief Executive

Australian Sports Drug Agency

_____________

  

SCHEDULE 5—continued

 FORM 11

Subregulation 39A (2)

Australian Sports Drug Agency Act 1990

NOTICE TO COMPETITOR FOLLOWING DECISION BY ADMINISTRATIVE APPEALS TRIBUNAL

RELATING TO A POSITIVE TEST RESULT

To:[Name and address of competitor]

On [date] you were informed by the Agency that the Agency had decided under section 16 of the Australian Sports Drug Agency Act 1990 that the positive test result on the sample provided by you on [date sample provide] was valid.

You were also informed that details relating to that positive test result had been entered on the Register of Notifiable Events maintained by the Agency.

[Either:]

The Administrative Appeals Tribunal has set aside the decision of the Agency that the positive test result was valid.

 The Agency has, accordingly, removed from the Register the entry that relates to that failure to comply. I have also given written notice of this fact to each person to whom, and each organisation to which, notice of the contents of the entry was given.

[Or:]

An order has been made under section 41 of the Administrative Appeals Tribunal Act 1975 staying or otherwise affecting the operation or implementation of the decision of the Agency.  I have also given written notice of this fact to each person to whom, and each organisation to which, notice of the contents of the entry was given.

Date:

   Chief Executive

Australian Sports Drug Agency”.

_____________

26.   New Schedule 6

26.1 Add at the end:

“SCHEDULE 6

Regulation 43

INTERNATIONAL ANTI-DOPING ARRANGEMENTS

Column 1

Column 2

1.

Multilateral Agreement in the Unification of Actions in the Struggle Against Doping Use in Sport

2.

Memorandum of Understanding Between the Governments of Australia, Canada, the United Kingdom and Norway Concerning the Reciprocal Development and Enforcement of Measures Against Doping in Sport adopted by the first three Governments on 19 December 1990 and by Norway on 15 May 1992

3.

Memorandum of Understanding Between the Government of Australia and the Government of New Zealand Concerning the Reciprocal Development and Enforcement of Measures Against Doping in Sport signed on 17 March 1992”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 3 August 1993.

2. Statutory Rules 1991 No. 19.

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