Australian Sports Drug Agency Drug Testing (Scheme A) Amendment Orders 2000 (No. 1)
I, Natalie Howson, Chief Executive Officer of the Australian Sports Drug Agency, make these Orders under regulation 7 of the Australian Sports Drug Agency Regulations 1999.
Dated 11 May 2000
NATALIE HOWSON
Chief Executive Officer
1 Name of Orders
These Orders are the Australian Sports Drug Agency Drug Testing (Scheme A) Amendment Orders 2000 (No. 1).
2 Commencement
These Orders commence on gazettal.
3 Amendment of Australian Sports Drug Agency Drug Testing (Scheme A) Orders 1999
Schedule 1 amends the Australian Sports Drug Agency Drug Testing (Scheme A) Orders 1999.
Schedule 1 Amendments
Do not delete : Schedule Part placeholder
(section 3)
[1] Section 3, after definition of part B security container
insert
prescribed courier service means a courier service prescribed by regulation 86 of the Regulations.
[2] Subsection 10 (2)
after
instructions
insert
, relevant to the sample collection process,
[3] Subsection 28 (7)
substitute
(7) Subsection 7A applies if the competitor has attempted to seal the leaking bottle properly but the bottle continues to leak.
(7A) To ensure that the outcome is a valid sample in a secure bottle, the drug control official must instruct the competitor:
(a) to select another test kit in accordance with this Division in which to securely contain the sample; and
(b) if necessary, to give an additional sample.
[4] Subsection 28 (8), note
omit
s 34
insert
section 33
[5] Subsection 49 (2)
substitute
(2) Without limiting subsection (2), the transport bag is taken to have arrived safely at the laboratory if:
(a) it is delivered to the laboratory by a prescribed courier service in the normal course of business; and
(b) there is no evidence that is sufficient to raise a doubt that it did arrive safely.
[6] Subsection 51 (2)
omit
by a drug control official in a secure place
insert
securely by a drug control official
[7] Subsection 51 (3)
substitute
(3) For subsection (2), the sample may be stored under refrigeration.
[8] Subsection 52 (4)
omit
in a secure place
insert
securely
[9] Subsection 52 (5)
substitute
(5) For subsection (4), the sample bottles and security containers may be stored under refrigeration.
[10] Subparagraph 54 (b) (i)
omit
in a secure place
insert
securely
Overview
The Australian Sports Drug Agency Drug Testing (Scheme A) Amendment Orders 2000 (No. 1) were enacted to address specific operational issues within the drug testing framework of the Australian Sports Drug Agency (ASADA). These amendments were introduced to enhance the efficacy and reliability of drug testing procedures by refining various aspects of the drug testing process, including the handling of samples, the instructions provided to athletes during sample collection, and the criteria for the safe arrival of samples at the laboratory. Enacted by the Chief Executive Officer of ASADA, Natalie Howson, under regulation 7 of the Australian Sports Drug Agency Regulations 1999, these amendments aim to ensure that the drug testing process is robust, fair, and free from procedural ambiguities. The overarching policy objective is to maintain the integrity of sports by ensuring that drug testing procedures are conducted in a manner that upholds the highest standards of fairness and reliability.
Scope and Application
The Australian Sports Drug Agency Drug Testing (Scheme A) Amendment Orders 2000 (No. 1) amend the Australian Sports Drug Agency Drug Testing (Scheme A) Orders 1999, impacting the procedures and conditions under which drug testing is conducted within the Australian sports sector. These Orders apply to all entities and individuals participating in sports activities regulated by the Australian Sports Drug Agency (ASDA), encompassing both professional and amateur athletes. The amendments introduced by these Orders affect the collection, handling, and transportation of drug test samples, ensuring that processes align with current safety and security standards. Geographically, the application of these Orders extends across the Commonwealth of Australia, thereby impacting all sports entities operating within the country. Notably, these Orders do not introduce new exclusions or exemptions, but rather refine existing procedures. Additionally, they may be further expanded or detailed through subordinate instruments, as permitted by regulation 7 of the Australian Sports Drug Agency Regulations 1999.
Key Provisions
The Australian Sports Drug Agency Drug Testing (Scheme A) Amendment Orders 2000 (No. 1) introduce several amendments to the Australian Sports Drug Agency Drug Testing (Scheme A) Orders 1999. These amendments are detailed in Schedule 1 of the Orders. Section 3 of the Orders introduces a new definition for "prescribed courier service," which refers to a courier service prescribed by regulation 86 of the Regulations (Schedule, item [1]). This definition is intended to clarify the types of services that can be used to transport drug test samples to laboratories.
The obligations imposed by these Orders include the requirement for drug control officials to instruct competitors to use another test kit if their initial attempt to contain a sample in a leaking bottle is unsuccessful (Schedule, item [3]). Officials must also ensure that samples are securely contained and stored under appropriate conditions, whether in a secure place or under refrigeration, as stipulated in various subsections (Schedule, items [2], [3], [5], [6], [7], [8], [9], and [10]).
In terms of consequences for non-compliance, while the Orders themselves do not explicitly state penalties, breaches of the Australian Sports Drug Agency Regulations 1999, which these Orders amend, can lead to significant legal repercussions. Individuals found guilty of using prohibited substances or tampering with drug tests may face bans from participating in sports, fines, and other penalties as prescribed by the Regulations. The severity of these penalties can vary based on the nature and circumstances of the offence.