Australian Sports Drug Agency Regulations (Cth)
AUSTRALIAN SPORTS DRUG AGENCY REGULATIONS
(#DATE 05:08:1996)
(#DATE 05:08:1996)
- In force under the Australian Sports Drug Agency Act 1990
*1* The Australian Sports Drug Agency Regulations (in force under the Australian Sports Drug Agency Act 1990) as shown in this reprint comprise Statutory Rules 1991 No. 19 amended as indicated in the Tables below.
Table of Statutory Rules
Year and Date of Date of Application
Number Notification commencement saving or
in Gazette transitional
provisions
1991 No. 19 18 Feb 1991 18 Feb 1991 (see s. 2)
1993 No. 210 3 Aug 1993 3 Aug 1993 -
1994 No. 284 23 Aug 1994 23 Aug 1994 -
410 13 Dec 1994 13 Dec 1994 -
1996 No. 163 24 July 1996 24 July 1996 (see r. 1 -
and Gazette 1996,
No. GN29)
Table of Amendments
ad=added or inserted am=amended rep=repealed rs=repealed and substituted
Provision affected How affected
R. 3
am. 1993 No. 210, 1996 No. 163
R. 3A
ad. 1993 No. 210
rep. 1996 No. 163
Heading to Part 3
rs. 1996 No. 163
Heading to Div. 1 of Part 3
ad. 1996 No. 163
R. 7A
ad. 1996 No. 163
R. 8
am. 1993 No. 210; 1996 No. 163
R. 9
am. 1996 No. 163
R. 9A
ad. 1996 No. 163
R. 10
am. 1993 No. 210
rep. 1996 No. 163
Heading to Div. 2 of Part 3
ad. 1996 No. 163
R. 10
ad. 1996 No. 163
Rr. 10A-10C
ad. 1996 No. 163
Heading to Div. 3 of Part 3
ad. 1996 No. 163
R. 10D
ad. 1996 No. 163
Rr. 11
am. 1993 No. 210; 1996 No. 163
R. 13
am. 1993 No. 210
rep. 1996 No. 163
R. 14
am. 1996 No. 163
R. 16
rep. 1996 No. 163
R. 19
rs. 1993 No. 210
am. 1996 No. 163
R. 20
am. 1993 No. 210; 1996 No. 163
R. 21
am. 1996 No. 163
R. 21A
ad. 1993 No. 210
am. 1996 No. 163
R. 21B
ad. 1996 No. 163
R. 22
am. 1993 No. 210; 1996 No. 163
Rr. 23, 24
am. 1996 No. 163
R. 26
am. 1993 No. 210; 1996 No. 163
Heading to Part 4
rep. 1996 No. 163
R. 27
am. 1994 No. 284
R. 29
rs. 1996 No. 163
R. 29A
ad. 1996 No. 163
Heading to Part 4
ad. 1996 No. 163
Heading to Div. 1 of Part 4
ad. 1996 No. 163
R. 29B
ad. 1996 No. 163
R. 30
rs. 1996 No. 163
R. 31
am. 1993 No. 210
rep. 1996 No. 163
R. 32
rs. 1996 No. 163
R. 32A
ad. 1994 No. 284
am. 1994 No. 410; 1996 No. 163
R. 32B
ad. 1994 No. 284
am. 1996 No. 163
R. 33
rs. 1996 No. 163
R. 34
am. 1993 No. 210; 1996 No. 163
R. 35
am. 1993 No. 210
rs. 1996 No. 163
Heading to Div. 2 of Part 4
ad. 1996 No. 163
Rr. 35A, 35B
ad. 1996 No. 163
Rr. 36, 37
rs. 1996 No. 163
R. 38
rep. 1993 No. 210
R. 39
rs. 1993 No. 210
rep. 1996 No. 163
R. 39A
ad. 1993 No. 210
rep. 1996 No. 163
R. 40
rep. 1993 No. 210
R. 43
ad. 1993 No. 210
R. 44
ad. 1996 No. 163
Schedule 1
rs. 1993 No. 210; 1996 No. 163
Form 1
1996 No. 163
Form 2
1996 No. 163
Form 3
1996 No. 163
Form 4
1996 No. 163
Form 5
1996 No. 163
Form 6
1996 No. 163
Schedule 2
rs. 1993 No. 210
rep. 1996 No. 163
Schedules 3, 4
am. 1993 No. 210
rep. 1996 No. 163
Schedule 4A
ad. 1994 No. 284
rep. 1996 No. 163
Schedule 5
rs. 1993 No. 210
rep. 1996 No. 163
Form 1
1991 No. 19
rs. 1993 No. 210
rep. 1996 No. 163
Form 2
1991 No. 19
rs. 1993 No. 210
rep. 1996 No. 163
Form 3
1991 No. 19
rs. 1993 No. 210
rep. 1996 No. 163
Form 3A
ad. 1993 No. 210
rep. 1996 No. 163
Form 4
1991 No. 19
rs. 1993 No. 210
rep. 1996 No. 163
Form 5
1991 No. 19
rs. 1993 No. 210
rep. 1996 No. 163
Form 6
1991 No. 19
rs. 1993 No. 210
rep. 1996 No. 163
Form 7
1991 No. 19
rs. 1993 No. 210
rep. 1996 No. 163
Form 8
1991 No. 19
rs. 1993 No. 210
rep. 1996 No. 163
Form 9
ad. 1993 No. 210
rep. 1996 No. 163
Form 10
ad. 1993 No. 210
rep. 1996 No. 163
Form 11
ad. 1993 No. 210
rep. 1996 No. 163
Schedule 6
ad. 1993 No. 210
am. 1996 No. 163
#ADD 23:8:1996
AUSTRALIAN SPORTS DRUG AGENCY REGULATIONS - TABLE OF PROVISIONS TABLE
TABLE OF PROVISIONS
Regulation
PART 1 - PRELIMINARY
1. Citation
2. Commencement
3. Interpretation
PART 2 - DRUG CONTROL OFFICIALS AND CHAPERONES
4. Drug control officials
5. Chaperones
6. Production of identity cards
7. Conflict of interest - drug control officials and chaperones
PART 3 - REQUESTING, COLLECTING AND INITIAL TESTING OF SAMPLES
BY AGENCY
Division 1 - Request to provide sample
7A. Purpose of Division
8. Making of Request
9. Personal request for sample - chaperones
9A. Substantial compliance sufficient
Division 2 - Provision of sample
10. Purpose of Division
10A. What must the Agency tell the competitor?
10B. Entitlement for representative to oversee collection of sample
10C. Substantial compliance sufficient
Division 3 - How sample is to be dealt with
10D. Purpose of Division
11. Procedure to be adopted by chaperone on contacting competitor
12. What may a competitor do before going to the drug control facility?
14. Taking of samples - drug control facility
15. Drinks
17. At the drug control facility
18. Chaperone's duties at the collecting of the sample
19. Sample must be sufficient for testing
20. Control of the sample collection container
21. Identification of sample
21A. Interference with identification procedures etc.
21B. Drug control official to report number discrepancy
22. Acidity and specific gravity tests
23. Drug Testing Form
24. Transporting sample
25. Overnight storage
26. Effect of broken seals
27. How may a sample be tested?
28. For what may a sample be tested?
29. Testing of sample
29A. Substantial compliance sufficient
PART 4 - TESTING AND NOTIFICATION OF RESULTS
Division 1 - Australian competitors
29B. Application and purpose of Division
30. Accredited laboratory to notify Agency of results of initial testing
32. Notification of positive test result from initial test
32A. Testing the second sample - what must an accredited laboratory do?
32B. Procedure when a sample is tested by more than 1 accredited laboratory
33. Final testing of sample - positive test result if permitted level
exceeded
34. Accredited laboratory to notify Agency of results of final testing
35. Substantial compliance sufficient
Division 2 - Foreign competitors
35A. Application of Division
35B. Applicable procedures for dealing with request from International
Sporting Federation
PART 5 - ENTRIES ON REGISTER
36. Particulars to be entered on Register - failure to provide a sample
37. Particulars to be entered on Register - positive test result
PART 6 - MISCELLANEOUS
41. Delegation by the Agency
42. Delegation by a drug control official
43. Anti-doping arrangements
44. Prescribed courier services (Act, s. 67A)
SCHEDULE 1
FORMS
SCHEDULE 6
INTERNATIONAL ANTI-DOPING ARRANGEMENTS
AUSTRALIAN SPORTS DRUG AGENCY REGULATIONS - PART 1
PART 1 - PRELIMINARY
AUSTRALIAN SPORTS DRUG AGENCY REGULATIONS - REG 1
Citation
1. These Regulations may be cited as the Australian Sports Drug Agency Regulations.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
AUSTRALIAN SPORTS DRUG AGENCY REGULATIONS - REG 2
Commencement
2. These Regulations commence on the date on which the Australian Sports Drug Agency Act 1990 commences.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
AUSTRALIAN SPORTS DRUG AGENCY REGULATIONS - REG 3
Interpretation
3. In these Regulations, unless the contrary intention appears:
"A sample bottle" means a bottle, marked with a number which has the letter "A" as a prefix, that is intended to be contained in a security transit container that bears the same number and prefix;
"Australian competitor" means a competitor who is an Australian citizen, a permanent resident or a temporarily resident non-Australian;
"B sample bottle" means a bottle, marked with a number which has the letter "B" as a prefix, that is intended to be contained in a security transit container that bears the same number and prefix;
"carer", in relation to a competitor, means a person who has long-term parental responsibility for, or is the guardian of, the competitor;
"carrier bag" means a bag provided by the Agency for the despatch of security transit containers containing samples to an accredited laboratory;
"carrier bag seal" means the numbered seal that is used to seal a carrier bag;
"chaperone" means:
(a) a drug control official; or
(b) a person appointed to be a chaperone under subregulation 5 (1);
"drug control area" means that part of a drug control facility referred to in paragraph 14 (1) (b);
"drug control facility" means the place established as a drug control facility under subregulation 14 (1) including any area referred to in subregulation 14 (2);
"drug control official" means a person appointed to be a drug control official under subregulation 4 (1);
"Drug Testing Form" means the Form referred to in subregulation 23 (4);
"foreign competitor" means a competitor who is a non-Australian (other than a person who is a temporarily resident non-Australian);
"Information Sheet" means the Information Sheet referred to in subregulation 11 (3);
"Laboratory Advice Form" means the Form referred to in subregulation 24 (3);
"Notification Form" means the Form referred to in subregulation 11 (2);
"representative", in relation to a competitor, means either or both of:
(a) a person chosen by a competitor to oversee the process of the collection, or first testing, of a sample; or
(b) an interpreter whom the competitor has asked to assist him or her during that process;
"sample collection container" means a clean container intended to be used for the collection of a sample;
"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.
"security transit container" means a numbered container that is one of 2 security transit containers referred to in subregulation 21 (2);
"security transit container number" means the number, including the prefix "A" or "B", on a security transit container;
"test" includes a series of tests;
"the Act" means the Australian Sports Drug Agency Act 1990;
"waiting area" means that part of a drug control facility referred to in paragraph 14 (1) (a).
(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".)
AUSTRALIAN SPORTS DRUG AGENCY REGULATIONS - PART 2
PART 2 - DRUG CONTROL OFFICIALS AND CHAPERONES
AUSTRALIAN SPORTS DRUG AGENCY REGULATIONS - REG 4
Drug control officials
4. (1) The Agency may appoint a person to be a drug control official for the purposes of these Regulations.
(2) The Agency must ensure that each drug control official is issued with an identity card that bears a recent photograph of the person appointed.
AUSTRALIAN SPORTS DRUG AGENCY REGULATIONS - REG 5
Chaperones
5. (1) The Agency may appoint a person to be a chaperone for the purposes of these Regulations.
(2) A drug control official is also a chaperone.
(3) The Agency is to ensure that each chaperone is issued with an identity card:
(a) in the case of the drug control official - that bears a recent photograph of the official; and
(b) in any other case - that bears the signature of a drug control official.
(4) If a person ceases to be a chaperone, he or she is to return his or her identity card to the Agency.
AUSTRALIAN SPORTS DRUG AGENCY REGULATIONS - REG 6
Production of identity cards
6. (1) If, in the course of his or her duties, a drug control official or chaperone is asked by a competitor to produce his or her identity card, the drug control official or chaperone must do so.
(2) A competitor is not required to comply with a request made by a drug control official or chaperone if, when requested by the competitor to do so, the drug control official or chaperone does not produce his or her identity card.
AUSTRALIAN SPORTS DRUG AGENCY REGULATIONS - REG 7
Conflict of interest - drug control officials and chaperones
7. (1) If a drug control official or chaperone has an interest in the collection or in the outcome of the testing of a sample of a competitor, the drug control official or chaperone must, as soon as practicable after the relevant facts have come to his or her knowledge, disclose the nature of the interest to the Agency.
(2) The Agency must consider the matter and, if it appears warranted in the circumstances, it may require another drug control official or chaperone to perform the duties of drug control official or chaperone in relation to the collection or testing of a sample of that competitor.
(3) For the purposes of this regulation, a person is to be taken to have an interest in the collection or testing of a sample if:
(a) the drug control official or chaperone has a direct or indirect pecuniary interest in the outcome of the testing of that sample; or
(b) the competitor from whom the sample is to be taken is involved in a particular sport and the drug control official or chaperone participates in, or is involved in any way in the administration of, that sport; or
(c) the competitor is associated with a particular sporting organisation and the drug control official or chaperone is a member of, or is involved in any way in the administration of, that organisation; or
(d) the sample is to be collected at, or in relation to, a particular sporting event or sporting venue and the drug control official or chaperone is involved in any way in the administration (other than in performing his or her duties or functions under these Regulations) of that event or venue; or
(e) the drug control official or chaperone is related to, or has some involvement in the affairs of, the competitor.
AUSTRALIAN SPORTS DRUG AGENCY REGULATIONS - PART 3
PART 3 - REQUESTING, COLLECTING AND INITIAL TESTING OF SAMPLES BY AGENCY
AUSTRALIAN SPORTS DRUG AGENCY REGULATIONS - DIVISION 1
Division 1 - Request to provide sample
AUSTRALIAN SPORTS DRUG AGENCY REGULATIONS - REG 7A
Purpose of Division
7A. This Division provides for the manner in which the Agency may request a competitor to provide a sample.
AUSTRALIAN SPORTS DRUG AGENCY REGULATIONS - REG 8
Making of Request
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.)
(3) A request for a sample must specify:
(a) the drug control facility at which the competitor is to provide the sample; and
(b) the time when the competitor must come to that place for that purpose.
(4) If it would be unreasonable to require the competitor to come to the specified place at the specified time, the Agency may agree with the competitor to collect the sample at a different time or place.
(5) If a place specified under paragraph 8 (3) (a) is more than 50 kilometres from the place at which the request is received, or if it is otherwise reasonable to do so, the Agency must offer to pay the reasonable expenses of the competitor incurred in travelling from the place where the request was received to the specified place.
(6) The time specified under paragraph 8 (3) (b) must be sufficient to permit the competitor to travel to the place at which he or she is to provide a sample.
(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.
AUSTRALIAN SPORTS DRUG AGENCY REGULATIONS - REG 9
Personal request for sample - chaperones
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.
(2) In spite of paragraph 8 (3) (b), a request for a sample made in person to a competitor may require the competitor to provide the sample as soon as practicable after the request is made.
(3) If:
(a) a request to provide a sample has been made to a competitor by telephone or written notice; and
(b) the competitor has not complied with that request;
a chaperone may make the same request of the competitor in person.
(4) If a competitor who has been asked by telephone or in writing to provide a sample is subsequently asked, in person, to provide a sample, the competitor is not required to comply with the telephoned or written request.
(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.
AUSTRALIAN SPORTS DRUG AGENCY REGULATIONS - REG 9A
Substantial compliance sufficient
9A. Strict compliance with the preceding provisions of this Division is not required and substantial compliance with the provisions is sufficient.
AUSTRALIAN SPORTS DRUG AGENCY REGULATIONS - DIVISION 2
Division 2 - Provision of sample
AUSTRALIAN SPORTS DRUG AGENCY REGULATIONS - REG 10
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.
AUSTRALIAN SPORTS DRUG AGENCY REGULATIONS - REG 10A
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).
AUSTRALIAN SPORTS DRUG AGENCY REGULATIONS - REG 10B
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.
AUSTRALIAN SPORTS DRUG AGENCY REGULATIONS - REG 10C
Substantial compliance sufficient
10C. Strict compliance with subregulation 10A (1) is not required and substantial compliance with that subregulation is sufficient.
AUSTRALIAN SPORTS DRUG AGENCY REGULATIONS - DIVISION 3
Division 3 - How sample is to be dealt with
AUSTRALIAN SPORTS DRUG AGENCY REGULATIONS - REG 10D
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.
AUSTRALIAN SPORTS DRUG AGENCY REGULATIONS - REG 11
Procedure to be adopted by chaperone on contacting competitor
11. (1) If:
(a) a chaperone asks a competitor in person to provide a sample; or
(b) a competitor who has been asked by telephone or in writing to provide a sample comes to a drug control facility attended by a chaperone;
the chaperone is to:
(c) identify himself or herself as a chaperone; and
(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
(e) complete the Notification Form; and
(f) give the competitor a copy of the Information Sheet; and
(g) ask the competitor to sign the Notification Form to indicate that the Notification Form and Information Sheet have been received by the competitor; and
(h) give the competitor a copy of the completed Notification Form; and
(i) ask the competitor to agree to provide a sample.
(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.
(2) A Notification Form is to be substantially in accordance with Form 1 in Schedule 1.
(3) An Information Sheet is to be substantially in accordance with Form 2 in Schedule 1.
(4) If a competitor:
(a) refuses to agree to provide a sample; or
(b) refuses to accompany a chaperone to a drug testing area; or
(c) refuses or fails to come to a place specified in accordance with subregulation 8 (3) or (4);
the chaperone concerned must inform the drug control official immediately.
(5) If the drug control official is informed under subregulation (4) of a failure to comply with a request, the drug control official must record the failure on the Drug Testing Form, sign it, and send it to the Agency as soon as practicable.
AUSTRALIAN SPORTS DRUG AGENCY REGULATIONS - REG 12
What may a competitor do before going to the drug control facility?
12. (1) Before accompanying a chaperone to a drug control facility, a competitor may:
(a) arrange for a representative to accompany the competitor to the drug control facility; or
(b) receive necessary medical attention; or
(c) with the approval of the chaperone:
(i) attend a victory ceremony; or
(ii) fulfil media commitments; or
(iii) compete in further events; or
(iv) complete a current training session; or
(v) perform a warmdown;
remaining visible to the chaperone at all times.
(2) A chaperone must not refuse a reasonable request by a competitor for approval under paragraph (1) (c).
(3) A refusal by a chaperone to accede to a request by a competitor for approval under paragraph (1) (c) does not invalidate any test conducted on a sample provided by that competitor.
AUSTRALIAN SPORTS DRUG AGENCY REGULATIONS - REG 14
Taking of samples - drug control facility
14. (1) The drug control official at a place where samples are to be collected is to establish and control a drug control facility consisting of:
(a) a waiting area; and
(b) a drug control area; and
(c) a place of sufficient size to allow a chaperone to observe directly a competitor providing a sample.
(2) In spite of subregulation (1), if the physical constraints of the place in which samples are to be collected do not permit an adequate drug control facility to be established as a single area, the drug control official may establish a waiting area, or a drug control area, that is in a different area from the place being used for the provision of samples.
(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.
AUSTRALIAN SPORTS DRUG AGENCY REGULATIONS - REG 15
Drinks
15. (1) A competitor may consume a drink to assist the competitor in passing a sample of urine.
(2) The fact that a competitor consumed a drink is not to be grounds for challenging the result of a test on a sample provided by that competitor.
AUSTRALIAN SPORTS DRUG AGENCY REGULATIONS - REG 17
At the drug control facility
17. (1) When a competitor arrives at the drug control facility, the chaperone must:
(a) give the drug control official the signed Notification Form; and
(b) introduce the competitor to the drug control official.
(2) The competitor is to wait in the waiting area with a chaperone and his or her representative (if any) until the competitor is ready to provide a sample.
(3) When the competitor is ready to provide a sample, he or she is to tell a chaperone.
(4) When a chaperone is told that a competitor is ready to provide a sample, the chaperone is to tell the drug control official as soon as possible.
(5) When the drug control official is told that a competitor is ready to provide a sample, the drug control official must:
(a) ask the competitor, a chaperone and any representative accompanying the competitor to go into the drug control area; and
(b) ask the competitor to select a sample collection container from among a number of containers provided for the purpose.
AUSTRALIAN SPORTS DRUG AGENCY REGULATIONS - REG 18
Chaperone's duties at the collecting of the sample
18. (1) A chaperone must accompany the competitor to the place referred to in paragraph 14 (1) (c) to view the passing of the sample from the competitor into the sample collection container.
(2) The chaperone who witnesses the collection of the sample is to be of the same sex as the competitor.
(3) The chaperone must sign the Drug Testing Form stating that he or she directly saw the sample being provided.
AUSTRALIAN SPORTS DRUG AGENCY REGULATIONS - REG 19
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.
(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.
(4) After complying with subregulation (3), 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) 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.
(6) The process described in subregulations (3), (4) and(5) must be repeated until a sufficient sample is collected.
(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.
AUSTRALIAN SPORTS DRUG AGENCY REGULATIONS - REG 20
Control of the sample collection container
20. (1) A person other than the competitor, or a person authorised by the competitor, must not handle the sample collection container or its contents from the time the container is chosen by the competitor under paragraph 17 (5) (b) 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).
(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:
(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).
(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 collection container 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.
AUSTRALIAN SPORTS DRUG AGENCY REGULATIONS - REG 21
Identification of sample
21. (1) When a competitor has provided a sample, it must be brought by the competitor to the drug control area.
(2) When a sample is brought by a competitor to the drug control area, the drug control official is to ask the competitor to select 2 security transit containers, one marked with the letter "A" and the other marked with the letter "B", from containers provided by the Agency for the purpose.
(3) The drug control official and the competitor are each to ensure that the number on each security transit container corresponds with the number in respect of that container on the list provided by the Agency underparagraph 14 (3) (b).
(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.
(7) If the number on a bottle contained in a security transit container does not correspond with the number on the security transit container, the container must be put aside and another set selected by the competitor.
(9) At the direction of the drug control official, the competitor must pour the sample into the A and B sample bottles, leaving a little in the bottom of the sample collection container.
(10) When the competitor has poured the sample out in accordance with subregulation (9), the competitor must, at the direction of the drug control official, in turn:
(a) secure the caps on the A and B sample bottles; and
(b) check that the bottles do not leak; and
(c) return the bottles to their security transit containers; and
(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.
(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.
AUSTRALIAN SPORTS DRUG AGENCY REGULATIONS - REG 21A
Interference with identification procedures etc.
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.
(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.
AUSTRALIAN SPORTS DRUG AGENCY REGULATIONS - REG 21B
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.
AUSTRALIAN SPORTS DRUG AGENCY REGULATIONS - REG 22
Acidity and specific gravity tests
22. (1) If the sample to be tested is a sample of urine, the drug control official may:
(a) test the amount remaining in the sample collection container to determine its relative acidity and specific gravity, using reagent strips provided by the Agency;
(b) record the results of the tests on the Drug Testing Form.
(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.
(3) If the drug control official asks a competitor to provide an additional sample, these Regulations apply in relation to that sample as if that sample was the sample originally provided by the competitor.
AUSTRALIAN SPORTS DRUG AGENCY REGULATIONS - REG 23
Drug Testing Form
23. (1) After:
(a) the competitor has completed the procedure set out in subregulation 21 (10); and
(b) the drug control official has conducted any tests referred to in regulation 22;
the drug control official must complete the Drug Testing Form.
(2) The competitor is to provide the drug control official with sufficient information to enable the drug control official to complete the details relating to the competitor on the Drug Testing Form.
(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.
(4) A Drug Testing Form is to be substantially in accordance with Form 4 in Schedule 1.
(5) The drug control official, the competitor and the competitor's representative (if any) must:
(a) check all of the information on the Drug Testing Form; and
(b) if they are satisfied that all of the information contained on the Form is, to the best of their knowledge, correct and complete - sign it.
(6) The drug control official must give a copy of the completed Drug Testing Form to the competitor, who may then leave the drug control facility.
AUSTRALIAN SPORTS DRUG AGENCY REGULATIONS - REG 24
Transporting sample
24. (1) The drug control official is to prepare a carrier bag provided by the Agency for despatch of the samples to an accredited laboratory.
(2) When:
(a) all of the samples that are to be collected at a particular place on a particular day, or over a period of competition, are collected; or
(b) sufficient samples are collected to fill a carrier bag;
the drug control official is to complete and sign a Laboratory Advice Form for those samples.
(3) A Laboratory Advice Form is to be substantially in accordance with Form 5 in Schedule 1.
(4) The drug control official must record on the Laboratory Advice Form the number of the carrier bag seal with which the carrier bag is to be sealed.
(5) The drug control official must place in the carrier bag, for each sample referred to in subregulation (1):
(a) the security transit containers that contain samples; and
(b) a copy of Part 1 of the Drug Testing Form for each competitor who has provided a sample that is included in the carrier bag; and
(c) the Laboratory Advice Form referred to in subregulation (2).
(6) In spite of subregulation (5), the drug control official must not send to the laboratory any information that may identify by name a competitor who has provided a sample for testing.
(7) The carrier bag containing the samples must be:
(a) sealed; and
(b) sent by the drug control official to an accredited laboratory, as soon as possible after it is sealed, by means that will ensure the safe arrival of its contents at the accredited laboratory.
AUSTRALIAN SPORTS DRUG AGENCY REGULATIONS - REG 25
Overnight storage
25. (1) If a sample is not to be sent to an accredited laboratory on the day on which it is collected, it is to be stored by the drug control official in a secure and, if possible, refrigerated place until it is sent to the laboratory.
(2) A sample is to be discarded if it has not reached an accredited laboratory 14 days after the day on which it was collected.
AUSTRALIAN SPORTS DRUG AGENCY REGULATIONS - REG 26
Effect of broken seals
26. (1) If an accredited laboratory receives a carrier bag or a security transit container:
(a) that has been opened; or
(b) the seal (if any) of which has been broken;
the laboratory is to notify the Agency as soon as possible of that fact.
(2) Except with the approval of the Agency, an accredited laboratory is not to carry out a test on a sample contained in a carrier bag or security transit container that has been opened or the seal (if any) of which has been broken before the accredited laboratory receives it.
AUSTRALIAN SPORTS DRUG AGENCY REGULATIONS - REG 27
How may a sample be tested?
27. (1) A sample is to be tested under these Regulations at an accredited laboratory using recognised testing methods, including, but not limited to, testing by any of the following methods:
(a) gas chromatography;
(b) mass spectrometry;
(c) high pressure liquid chromatography;
(d) thin layer chromatography.
(2) A sample may be tested under these Regulations at one, or more than one, accredited laboratory.
AUSTRALIAN SPORTS DRUG AGENCY REGULATIONS - REG 28
For what may a sample be tested?
28. The Agency may ask an accredited laboratory to test a sample for the presence or absence of any scheduled drug or doping method.
AUSTRALIAN SPORTS DRUG AGENCY REGULATIONS - REG 29
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.
AUSTRALIAN SPORTS DRUG AGENCY REGULATIONS - REG 29A
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.)
AUSTRALIAN SPORTS DRUG AGENCY REGULATIONS - PART 4
PART 4 - NOTIFICATION OF TEST RESULTS AND FINAL TESTING OF SAMPLES
AUSTRALIAN SPORTS DRUG AGENCY REGULATIONS - DIVISION 1
Division 1 - Australian competitors
AUSTRALIAN SPORTS DRUG AGENCY REGULATIONS - REG 29B
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.
AUSTRALIAN SPORTS DRUG AGENCY REGULATIONS - REG 30
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.
AUSTRALIAN SPORTS DRUG AGENCY REGULATIONS - REG 32
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).
AUSTRALIAN SPORTS DRUG AGENCY REGULATIONS - REG 32A
Testing the second sample - what must an accredited laboratory do?
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.
(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) 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.
(4) An accredited laboratory that tests a remaining sample in an A sample bottle and does not return a positive test result for the sample:
(a) must notify the Agency, in writing, that the sample in the A sample bottle provided a negative test result; and
(b) does not have to test the B sample.
AUSTRALIAN SPORTS DRUG AGENCY REGULATIONS - REG 32B
Procedure when a sample is tested by more than 1 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) 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.
(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 withForm 6 in Schedule 1.
(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, in relation to the other accredited laboratory, in respect of a carrier bag or security transit container dealt with according to this regulation.
AUSTRALIAN SPORTS DRUG AGENCY REGULATIONS - REG 33
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.
AUSTRALIAN SPORTS DRUG AGENCY REGULATIONS - REG 34
Accredited laboratory to notify Agency of results of final testing
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.
(3) If an accredited laboratory advises the Agency in accordance with subregulation (2) of a positive test result, the laboratory may include in its advice comments in relation to the information provided by the competitor on the Drug Testing Form.
AUSTRALIAN SPORTS DRUG AGENCY REGULATIONS - REG 35
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.)
AUSTRALIAN SPORTS DRUG AGENCY REGULATIONS - DIVISION 2
Division 2 - Foreign competitors
AUSTRALIAN SPORTS DRUG AGENCY REGULATIONS - REG 35A
Application of Division
35A. This Division applies only in relation to a sample that has been provided under these Regulations by a foreign competitor.
AUSTRALIAN SPORTS DRUG AGENCY REGULATIONS - REG 35B
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.
AUSTRALIAN SPORTS DRUG AGENCY REGULATIONS - PART 5
PART 5 - ENTRIES ON REGISTER
AUSTRALIAN SPORTS DRUG AGENCY REGULATIONS - REG 36
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.)
AUSTRALIAN SPORTS DRUG AGENCY REGULATIONS - REG 37
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.)
AUSTRALIAN SPORTS DRUG AGENCY REGULATIONS - PART 6
PART 6 - MISCELLANEOUS
AUSTRALIAN SPORTS DRUG AGENCY REGULATIONS - REG 41
Delegation by the Agency
41. (1) The Agency may, by resolution, delegate to the Chief Executive, a drug control official or an employee of the Agency all or any of its powers under these Regulations.
(2) The delegate is, in the exercise of a power so delegated, subject to any directions given by the Agency.
AUSTRALIAN SPORTS DRUG AGENCY REGULATIONS - REG 42
Delegation by a drug control official
42. (1) A drug control official may delegate to a chaperone all or any of his or her powers under these Regulations.
(2) The delegate is, in the exercise of a power so delegated, subject to any directions given by the drug control official.
AUSTRALIAN SPORTS DRUG AGENCY REGULATIONS - REG 43
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.
AUSTRALIAN SPORTS DRUG AGENCY REGULATIONS - REG 44
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.
AUSTRALIAN SPORTS DRUG AGENCY REGULATIONS - SCHEDULE 1 SCH
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:
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.
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.
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.
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.
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.
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.
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
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
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.)
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:
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:
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:
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.
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:
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:
AUSTRALIAN SPORTS DRUG AGENCY REGULATIONS - SCHEDULE 6 SCH
SCHEDULE 6 Regulation 43
INTERNATIONAL ANTI-DOPING ARRANGEMENTS
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
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