Australian Sports Drug Agency Drug Testing (Scheme B) Amendment Orders 2004 (No. 1)

Australian Sports Drug Agency Drug Testing (Scheme B) Amendment Orders 2004 (No. 1)

I, JOHN MENDOZA, Chief Executive Officer of the Australian Sports Drug Agency, make these Orders under regulation 7B of the Australian Sports Drug Agency Regulations 1999.

Dated                             27 July 2004

1 Name of Orders

  These Orders are the Australian Sports Drug Agency Drug Testing (Scheme B) Amendment Orders 2004 (No. 1).

2 Commencement

  These Orders commence on 30 July 2004.

3 Amendment of Australian Sports Drug Agency Drug Testing (Scheme B) Orders 2000

  Schedule 1 amends the Australian Sports Drug Agency Drug Testing (Scheme B) Orders 2000.

Schedule 1 Amendments

(section 3)

[1] Reader’s guide, Definitions, after paragraph 5

insert

5A   Section 4A of the Act provides that tampering with a sports drug matter includes an attempt to tamper with that matter.

[2] Reader’s guide, Overview of the drug testing legislative scheme, paragraph 7

omit

ask competitors to give biological or breath samples and,

insert

ask competitors to provide information about their whereabouts, to give biological or breath samples, and,

[3] Reader’s guide, Overview of the drug testing legislative scheme, paragraph 9

omit

on the relevant Register of Notifiable Events.

insert

on the relevant Register of Notifiable Events. The Agency will also enter details of a competitor’s failure to provide information about his or her whereabouts, or when a competitor has deliberately evaded an attempt by the Agency to make a request to take a sample, or when a competitor has tampered with a sample or any part of the process by which samples are requested, collected, handled tested and managed, or when, because of a competitor’s failure to provide information about his or her whereabouts, the Agency was not able to make a request to take a sample.

[4] Section 41, note 1

omit

section 14

insert

section 2

[5] Sections 42 and 43

substitute

42 Details to be entered on Register

 (1) This section applies for the following provisions of the Regulations:

 (a) paragraph 27 (2) (c);

 (b) paragraph 28 (2) (c);

 (c) paragraph 29 (2) (c);

 (d) paragraph 30 (2) (c).

 (2) In addition to the competitor’s name, the Agency must enter the following details on the Scheme B register:

 (a) the following statement, as relevant:

 (i) the competitor has failed to comply with a request for a sample;

 (ii) the competitor has returned a positive test result;

 (iii) the competitor has failed to comply with a request that the competitor keep the Agency informed of where the competitor could be found;

 (iv) the competitor missed a test, or failed to provide a sample, because of a failure by the competitor to comply with a request that the competitor keep the Agency informed of where the competitor could be found;

 (v) the competitor has deliberately evaded receiving a request for a sample;

 (vi) the competitor has tampered with a sports drug matter;

 (b) for a matter other than returning a positive test result — a statement that the Agency has decided that the competitor did not have reasonable cause for the relevant matter in paragraph (a);

 (c) the competitor’s date of birth and, if the competitor is under 18 on the day the request is made, a statement to that effect;

 (d) the sport in relation to which the sample was requested;

 (e) the date specified by the Agency for collection of the sample;

 (f) if the Agency asked a sporting administration body, under paragraph 17ZC (1) (a) of the Act, to arrange for the competitor to be asked to give the sample — the name of the sporting administration body;

 (g) the State, Territory or country in which the request was made;

 (h) the reason why the sample was requested;

 (i) the date on which the sample (if any) was given;

 (j) the name of any sporting administration body to which the Agency has given, or intends to give, written notice about the entry under regulation 32;

 (k) the details of any action taken by any sporting administration body in relation to the matter.

Note 1   For the meaning of positive test result, see section 2 of the Act.

Note 2   For the schedule of drugs and doping methods for Scheme B, see section 44.

Note 3   Section 12 of the Act provides that, for the purposes of Part 3 of the Act, a competitor fails to comply with a request by the Agency to provide a sample if:

(a) the competitor fails to provide a sample as required by the scheme; or

(b) the competitor fails to complete or sign any form required by the scheme to be completed or signed by the competitor; or

(c) after providing the sample, the competitor:

 (i) fails to do anything in relation to the sample that is required by the scheme to be done by the competitor; or

 (ii) does something in relation to the sample that the scheme requires the competitor not to do.

 (3) If the competitor has returned a positive test result, the Agency must also enter the following details on the Scheme B register:

 (a) a statement to the effect that the Agency has decided, under paragraph 29 (1) (h) or 30 (1) (i) of the Regulations, that the positive test result:

 (i) is valid; and

 (ii) must be entered on the Scheme B register;

 (b) the reason why the Agency decided to make the entry on the Scheme B register, that includes:

 (i) the name and class (if any) of the relevant scheduled drug or doping method detected that caused the positive test result and any other drug or doping method detected by the test; and

 (ii) if the schedule of drugs and doping methods for Scheme B sets out a permitted level for the drug or doping method detected for the sport in relation to which the competitor was asked for a sample — the fact that the permitted level is exceeded.

Note 1   For the meaning of positive test result, see section 2 of the Act.

Note 2   For the schedule of drugs and doping methods for Scheme B, see section 44.