Australian Sports Drug Agency Regulations (Amendment) 1994 No. 284
EXPLANATORY STATEMENT
STATUTORY RULES 1994 No. 284
ISSUED BY THE AUTHORITY OF THE MINISTER FOR THE ENVIRONMENT, SPORT AND TERRITORIES
AUSTRALIAN SPORTS DRUG AGENCY ACT 1990
AUSTRALIAN SPORTS DRUG AGENCY REGULATIONS (AMENDMENT)
Section 73 of the Australian Sports Drug Agency Act 1990 (the Act) provides that the GovernorGeneral may make regulations prescribing matters required or permitted by the Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to the Act.
The Australian Sports Drug Agency Regulations (Amendment) amends the Regulations in force under the Australian Sports Drug Agency Act 1990 to enable the Agency to carry out its responsibilities more effectively and efficiently.
The details of the amendments are :
Regulation 2 - Regulation 27 (How may a sample be tested?)
The Agency is required to have all samples analysed by an accredited laboratory. If an A sample test records a positive result, an accredited laboratory is required to perform a confirmatory analysis on the B sample. Only fully accredited laboratories are able to perform confirmatory B sample analyses.
New sub regulation 27 (2) is intended to allow the Agency to use one or more accredited laboratories in the testing of a sample.
The amendment is necessary to allow the Agency to continue to use the accredited laboratory in Australia to conduct A sample analysis. The Australian laboratory has recently been downgraded from full accreditation status although the laboratory expects to regain full accreditation by late 1994. In the interim for reasons of administrative and cost efficiency, the Agency would like to use the Australian laboratory to undertake A sample analysis. In the event of the Australian accredited laboratory detecting a positive A sample result, the residue of the A sample will be resealed and, together with the relevant B sample, will be sent to a fully accredited laboratory for confirmatory analysis. The fully accredited laboratory will be used to confirm the first laboratory's sample analysis.
Regulation 3 - New Regulation 32A (Testing the second sample - what must an accredited laboratory do?)
New sub regulation 32A is intended to outline the procedures an accredited laboratory is to follow if analysis of the A sample reveals the possibility of a positive test result. The amendment allows an accredited laboratory to conduct confirmatory B sample analysis itself in accordance with regulation 33 if it is fully accredited, or to reseal the A sample and forward it together with the relevant B sample to a fully accredited laboratory for confirmatory analysis.
Regulation 4 - New Regulation 32B (Procedure when a sample is tested by more than one accredited laboratory)
The proposed amendment outlines the procedures an accredited laboratory must follow if it is to send a sample to another accredited laboratory for confirmatory analysis.
Regulation 5 - New Schedule 4A (Transfer Advice Form)
A new Schedule 4A has been created to document the resealing of the sample and transporting the sample by a secure chain of custody to a second accredited laboratory. It also specifies the substances which are to be tested for by the second laboratory.
Overview
The Australian Sports Drug Agency Regulations (Amendment) 1994 (No. 284) were enacted to enhance the efficiency and effectiveness of the Australian Sports Drug Agency in carrying out its responsibilities under the Australian Sports Drug Agency Act 1990. These regulations were issued by the authority of the Minister for the Environment, Sport and Territories. The amendments address a practical gap that arose due to the temporary downgrading of an Australian laboratory's accreditation status, allowing the Agency to continue using this laboratory for initial sample analysis while ensuring confirmatory analysis is conducted by fully accredited laboratories. This approach balances administrative and cost efficiency with the need for stringent testing protocols to maintain the integrity of the drug testing process in sports.
Scope and Application
The Australian Sports Drug Agency Regulations (Amendment) 1994 No. 284, issued under the authority of the Minister for the Environment, Sport and Territories, serves to modify the Australian Sports Drug Agency Regulations in force under the Australian Sports Drug Agency Act 1990. This amendment is designed to enhance the efficiency and effectiveness of the Australian Sports Drug Agency in fulfilling its obligations, particularly in relation to the testing of sports drug samples. These Regulations apply to the Australian Sports Drug Agency, accredited laboratories, and any persons or entities involved in the testing of sports drug samples within Australia. Geographically, the regulations apply nationally across Australia, ensuring uniformity in the standards and procedures for sports drug testing. The amendments notably allow for flexibility in the use of accredited laboratories for initial sample testing, provided that confirmatory analyses are conducted by fully accredited laboratories. This approach balances operational efficiency with the necessity of maintaining rigorous standards in sports drug testing.
Key Provisions
The Australian Sports Drug Agency Regulations (Amendment) 1994 No. 284 introduces significant changes to the testing procedures for sports drug samples, as outlined in regulations 2, 3, 27, 32A, 32B, and Schedule 4A. Regulation 27 mandates that all samples must be analysed by an accredited laboratory. In cases where an initial A sample test yields a positive result, a confirmatory analysis must be conducted by a fully accredited laboratory on the B sample. Regulation 27(2) allows for the use of one or more accredited laboratories, enabling the Agency to maintain administrative and cost efficiencies while ensuring the integrity of the testing process.
The amendments impose obligations on accredited laboratories to follow specific procedures when testing samples. Regulation 32A requires an accredited laboratory to either conduct a confirmatory B sample analysis itself if fully accredited, or to reseal the A sample and forward it along with the B sample to a fully accredited laboratory for confirmation. Regulation 32B outlines the procedures for transferring samples between accredited laboratories, ensuring that the chain of custody is maintained and secure. Additionally, Schedule 4A has been introduced to document the resealing of samples and to specify the substances to be tested by the receiving laboratory.
Failure to comply with these regulations can result in serious consequences. The Australian Sports Drug Agency Act 1990 does not explicitly outline penalties for breaches of the amended regulations, but violations of anti-doping regulations in sports can lead to severe penalties. Athletes found guilty of doping may face disqualification from competitions, suspension from sports activities, and loss of titles, medals, and prizes. These consequences can have long-lasting effects on an athlete's career and reputation. Furthermore, breaches of the regulations could potentially result in civil or criminal liability, depending on the nature and severity of the breach, although the specific penalties are not detailed in the provided text.