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Australian Sports Anti-Doping Authority Regulations 2006

Authoritative Version
  • - F2006L00765
  • In force - Superseded Version
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SLI 2006 No. 47 Regulations as made
These Regulations set out policies and procedures governing the performance of the Australian Sports Anti-Doping Authority's functions. In particular, to prescribe the National Anti-Doping Scheme for Section 9 of the Australian Sports Anti-Doping Authority Act 2006.
Administered by: Health and Aged Care
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s11 item 01
Registered 13 Mar 2006
Tabling HistoryDate
Tabled HR27-Mar-2006
Tabled Senate27-Mar-2006

Australian Sports Anti-Doping Authority Regulations 20061

Select Legislative Instrument 2006 No. 47

I, PHILIP MICHAEL JEFFERY, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Australian Sports Anti-Doping Authority Act 2006.

Dated 10 March 2006

P. M. JEFFERY

Governor-General

By His Excellency’s Command

C. R. KEMP


Contents

Part 1                    Introductory

                        1     Name of Regulations                                                        7

                        2     Commencement                                                              7

Part 2                    The NAD scheme

                        3     The NAD scheme                                                            8

                        4     Relevant international anti-doping instruments                    8

                        5     Disclosing information for purposes of drug testing programs 8

Part 3                    ASDMAC meetings and procedures

                        6     Convening meetings of ASDMAC                                     10

                        7     Quorum                                                                         10

                        8     Who is to chair at meetings in the absence of Chairman    10

                        9     Voting at meetings                                                         11

                       10     Conduct of meetings                                                      11

                       11     Minutes of meetings                                                       11

                       12     ASDMAC members — fields of sports medicine               11

Part 4                    Miscellaneous

                       13     Remuneration of ASADA members                                  12

Schedule 1             The NAD scheme                                                         13

Part 1                      Preliminary                                                                    13

                        1     Overview                                                                        13

                        2     Powers of ASADA                                                          15

                        3     Definitions                                                                     18

                        4     Meaning of athlete                                                          22

                        5     Meaning of receiving support                                           24

                        6     Meaning of personal interest                                           25

                        7     Meaning of fails to comply with a request to provide a sample  26

Part 2                      Testing and investigating                                                 27

Division 2.1             Drug tests, permitted levels and procedures

                        8     Urine testing under the NAD scheme                               27

                        9     Blood testing under the NAD scheme                              27

Division 2.2             Doping control officers and chaperones

Subdivision 2.2.1       ASADA representatives

                       10     Doping control officers                                                    28

                       11     Chaperones                                                                   28

                       12     Investigators                                                                  28

                       13     Blood collection officials                                                 28

                       14     Identity cards                                                                 29

                       15     Production of identity cards                                             29

                       16     Conflict of interest — ASADA representatives                   30

Subdivision 2.2.2       Sporting administration body representatives

                       17     Conflict of interest — sporting administration body representatives       30

Division 2.3             Locating athletes

                       18     Request to give location of athlete                                   31

                       19     ASADA may ask for help in locating athlete                     32

Division 2.4             Requests for samples

                       20     Code procedures to be followed                                       32

                       21     ASADA may ask athlete for samples                               33

                       22     ASADA may ask sporting administration body to test       33

                       23     ASDMAC etc may ask ASADA to ask athlete for additional samples   34

                       24     Request to give sample                                                  34

                       25     ASADA to engage an interpreter                                      35

                       26     ASADA to pay athlete’s expenses                                   36

                       27     Athlete appears likely to fail to comply                             36

                       28     Retired athletes                                                             36

Division 2.5             Testing samples

                       29     Code procedures to be followed                                       37

                       30     ASADA may conduct screening tests on samples            37

                       31     ASADA may ask laboratory to test samples                     37

                       32     Investigations by ASADA and analytical investigative bodies 38

                       33     Retention and Retesting of samples                                 39

Division 2.6             ASADA testing and analysis investigations of athletes — anti-doping rules, rights and ASADA findings

Subdivision 2.6.1       The Rules, rights of athletes and findings

                       34     Rule: request to inform ASADA of location — notice about athletes’ rights etc  40

                       35     Notice about failure to comply with request to inform ASADA of location          40

                       36     Submission about failure to comply with request to inform ASADA of location   41

                       37     Finding — failure to comply with request to inform ASADA of location  42

                       38     Rule: athlete not able to be located for a sample after being requested to provide location — notice about athletes’ rights etc                                                42

                       39     Submission about athlete not being able to be located for a sample after being requested to provide location                                                                         43

                       40     Finding — athlete not being able to be located for a sample after being requested to provide location                                                                                    44

                       41     Rule: evasion of request by ASADA for a sample — notice about athletes’ rights etc     45

                       42     Submission about evasion of request by ASADA for a sample 45

                       43     Finding — evasion of request by ASADA for a sample       46

                       44     Rule: request for sample — notice about athletes’ rights etc 47

                       45     What athlete may do before giving sample                        47

                       46     Right to a representative                                                 47

                       47     Notice about failure to comply with request to provide sample  48

                       48     Submission about failure to comply with request to provide sample      48

                       49     Finding — failure to comply with request to provide sample 49

                       50     What happens if result of test of Part A of sample is an adverse analytical finding         50

                       51     Election to have Part B of sample tested                          52

                       52     Submission about Part A of sample                                 53

                       53     Athlete’s rights if Part B of sample is to be tested             54

                       54     Notice of adverse analytical finding — Part B of sample     55

                       55     Submission about Part A or Part B of sample                   56

                       56     Finding — adverse analytical finding                                57

                       57     Request may be made on behalf of ASADA                      57

                       58     Rule: tampering with a sports drug matter — Notice about rights etc    57

                       59     Submission about tampering with a sports drug matter      58

                       60     Finding — tampering with a sports drug matter                 59

                       61     Rule: use of a drug or doping method — notice about athletes’ rights etc         60

                       62     Submission about use of a drug or doping method            60

                       63     Finding — use of a drug or doping method                        61

                       64     Rule: trafficking in a drug or doping method — notice about rights etc  62

                       65     Submission about trafficking in a drug or doping method    62

                       66     Finding — trafficking in a drug or doping method               63

                       67     Rule: possession of a drug or doping method — notice about rights etc           64

                       68     Submission about possession of a drug or doping method 64

                       69     Finding — possession of a drug or doping method            65

                       70     Rule: administration of a drug or doping method, or aiding or abetting — notice about rights etc 66

                       71     Submission about administration of a drug or doping method, or aiding or abetting        67

                       72     Finding — administration of a drug or doping method, or aiding or abetting       68

Subdivision 2.6.2       Attempts and aiding and abetting violations of the anti-doping rules

                       73     Attempted violations of certain anti-doping rules                68

                       74     Aiding and abetting violations of anti-doping rules              69

Division 2.7             Other rights of athletes and support persons

                       75     Application of Division                                                     70

                       76     Notice about entry on Register etc                                   70

                       77     Athlete or support person may waive rights                       71

Division 2.8             Register of Findings

                       78     Establishment and maintenance of Register of Findings    72

                       79     Entries about findings                                                     72

                       80     Entry of finding on Register                                             72

                       81     AAT Review                                                                   72

                       82     Giving notice about entries and recommendations             73

                       83     Giving information relating to entries to sporting administration bodies  74

                       84     Giving information to sporting administration bodies if no entry made, or yet made, on register   76

                       85     Removal of names from Register — athlete or support person under 18            77

                       86     Removal of names from Register — person not an athlete or support person     78

                       87     Correction of error in Register                                          79

                       88     Amendment of entry in Register                                      79

                       89     Register — Notice of correction, amendment or removal    79

Division 2.9             Disclosure of information under the NAD scheme

                       90     Making information on an entry publicly available              80

                       91     Presentation at hearings etc                                           81

Part 3                      ASDMAC functions                                                        82

                       92     Functions of ASDMAC                                                   82

Part 4                      Sporting administration body rules                                   85

                       93     Sporting administration body rules — powers of ASADA    85

Part 5                      Miscellaneous                                                               88

                       94     When notices are presumed to have been received           88

                       95     Disclosing information to sporting administration bodies — non-entry information          89

                       96     Fees                                                                             91

Schedule 2             Relevant International anti-doping instruments           94

 


 

Part 1                 Introductory

  

1              Name of Regulations

                These Regulations are the Australian Sports Anti-Doping Authority Regulations 2006.

2              Commencement

                These Regulations commence on the day they are registered.


 

Part 2                 The NAD scheme

  

3              The NAD scheme

                For section 9 of the Act, the NAD scheme is prescribed in Schedule 1.

4              Relevant international anti-doping instruments

                For the definition of relevant international anti-doping instrument in section 4 of the Act, the international anti-doping instruments mentioned in Schedule 2 are prescribed.

5              Disclosing information for purposes of drug testing programs

         (1)   For paragraph 71 (2) (g) of the Act the disclosure of the following information is prescribed:

                (a)    information relating to:

                          (i)    the testing, attempted testing, and results of testing, of athletes under a drug testing program or under arrangements covered by subsection 13 (1) of the Act; or

                         (ii)    an investigation by ASADA of a possible violation of the anti-doping rules by an athlete or support person;

               (b)    information relating to decisions of the ASDMAC to approve, or to refuse to approve, the use of drugs for therapeutic purposes.

         (2)   ASADA may give the information to 1, or more than 1, sporting administration bodies for 1 or more drug testing programs.

         (3)   However, ASADA must not give the information unless ASADA has taken reasonable steps to satisfy itself that the information disclosed will not be used or disclosed for other purposes.

         (4)   In this clause:

drug testing program means a program for the testing of people who participate in sports, to determine whether they are using particular drugs or doping methods.

Note   anti-doping rules, athlete and support person are defined in the NAD scheme.


 

Part 3                 ASDMAC meetings and procedures

  

6              Convening meetings of ASDMAC

         (1)   The ASDMAC Chairman must call as many meetings as are necessary for the efficient performance of the ASDMAC’s functions.

         (2)   Subregulation (3) applies if:

                (a)    the Chairman receives a written notice from the Minister or at least 2 ASDMAC members asking the Chairman to convene a meeting of the ASDMAC; or

               (b)    the Chairman receives an oral or written request from ASADA to convene a meeting of the ASDMAC.

         (3)   The Chairman must convene a meeting of the ASDMAC as soon as practicable.

7              Quorum

                The quorum for a meeting of the ASDMAC is 3 ASDMAC members.

8              Who is to chair at meetings in the absence of Chairman

         (1)   If the ASDMAC Chairman is to be absent from a meeting of the ASDMAC, the Chairman may nominate an ASDMAC member to chair the meeting.

         (2)   If the Chairman is absent from a meeting and does not nominate an ASDMAC member to chair the meeting under subregulation (1), the ASDMAC members present at the meeting must elect 1 of their number to chair the meeting.

9              Voting at meetings

         (1)   Each ASDMAC member present and voting at a meeting of the ASDMAC (including the member chairing the meeting) has a single vote.

         (2)   Each question arising at a meeting of the ASDMAC must be decided by a majority of the votes of the ASDMAC members present and voting.

         (3)   If the votes on a question to be decided are equal, the ASDMAC member chairing the meeting may decide the question.

Note   An ASDMAC member may be allowed to participate in a meeting by telephone etc (see regulation 10).

10            Conduct of meetings

         (1)   Subject to this Part, the ASDMAC may conduct its meetings as it considers appropriate.

         (2)   The ASDMAC may allow an ASDMAC member to participate in a meeting by telephone, closed circuit television or any other means of communication.

         (3)   A person who is allowed to participate in a meeting under subregulation (2) is taken to be present at the meeting.

11            Minutes of meetings

                The ASDMAC must keep minutes of its meetings and records of any resolutions taken to have been passed at its meetings.

12            ASDMAC members — fields of sports medicine

                For subparagraph 54 (2) (b) (iv) of the Act, the field of a person with a knowledge of sport and experience in the medical management of athletes is specified.


 

Part 4                 Miscellaneous

  

13            Remuneration of ASADA members

                For subsections 30 (1) and (2) of the Act, for a person mentioned in an item in the table, the remuneration and allowances are mentioned in the item.

 

Item

Person

Remuneration and allowances

1

ASADA Chair

The remuneration and allowances payable to a person to whom Remuneration Tribunal Determination 2005/19 applies

2

ASADA Deputy Chair

The remuneration and allowances payable to a person to whom Remuneration Tribunal Determination 2005/05 applies

3

ASADA member

The remuneration and allowances payable to a person to whom Remuneration Tribunal Determination 2005/05 applies


Schedule 1        The NAD scheme

                                                      (regulation 3)

Part 1          Preliminary

1              Overview

         (1)   This instrument establishes the NAD scheme (the scheme) as required by section 9 of the Act, for the following purposes of the Act:

                (a)    the investigation of possible violations of the anti-doping rules by athletes and support persons, and findings in relation to those investigations;

               (b)    the testing of athletes by taking and analysing samples to detect or assist in determining violations of the anti-doping rules;

                (c)    to provide a fair and just appeals and review mechanism to protect the rights of athletes and support persons implicated by investigations or testing;

               (d)    to establish the Register, as a record of all findings made by ASADA in relation to its investigations of possible violations of the anti-doping rules;

                (e)    to formalise the role of ASADA in investigating and testing for possible violations of the anti-doping rules and as the custodian of the Register;

                (f)    to authorise ASADA to present cases on behalf of sporting administration bodies;

                (g)    to include in the NAD scheme sporting administration body rules that:

                          (i)    are applicable to 1 or more specified sporting administration bodies; and

                         (ii)    relate to the anti-doping rules;

                (h)    to authorise ASADA to publish information on or relating to the Register.

Note   Subsection 10 (1) of the Act provides that ASADA, by written instrument, may amend the NAD scheme contained in this Schedule.

The anti-doping rules

         (2)   The anti-doping rules, for athletes and support persons are:

                (a)    an athlete must not fail to comply with request to inform ASADA of his or her location; and

               (b)    an athlete must not fail to be able to be located for a sample after being requested to provide his or her location; and

                (c)    an athlete must not evade, or attempt to evade, a request by ASADA for a sample; and

               (d)    an athlete must not fail to comply with request for a sample; and

                (e)    an athlete or support person must not tamper, or attempt to tamper, with a sports drug matter; and

                (f)    an athlete must not use, or attempt to use, a drug or doping method; and

                (g)    an athlete or support person must not traffick in a drug or doping method; and

                (h)    an athlete or support person must not possess a drug or doping method; and

                 (i)    an athlete or support person must not:

                          (i)    administer, or attempt to administer, a drug or doping method; or

                         (ii)    engage in conduct aiding and abetting any activity involving a violation of the anti-doping rules; and

                (j)    an athlete must not have present, in his or her urine sample or blood sample, a drug or doping method mentioned in the prohibited list.

Note 1   Clause 74 makes provision for dealing with aiding and abetting violations under these rules.

Note 2   In accordance with the World Anti-doping Code, several of the anti-doping rules mentioned above specifically proscribe attempts as violations of the rules; clause 73 makes provision for dealing with these attempted violations under these rules.

2              Powers of ASADA

         (1)   For the avoidance of doubt, ASADA is authorised to exercise powers under the Act for the NAD scheme, including the following powers:

                (a)    powers mentioned in subsection 13 (1) of the Act; and

               (b)    powers mentioned in subsection 15 (1) of the Act.

Note 1   Subsection 13 (1) of the Act requires the regulations to authorise ASADA to exercise certain powers concerning violations of the anti-doping rules, in relation to certain athletes and support persons. Subsection 15 (1) of the Act of the Act requires the regulations to authorise ASADA to monitor compliance by sporting administration bodies with sporting administration body rules, and to notify the ASC and publish reports about the extent of compliance.

         (2)   The following table contains references in the NAD scheme to:

                (a)    powers of ASADA; and

               (b)    features of the NAD scheme;

that are required by a provision in the Act to be contained in the NAD scheme.

 

Provision of the Act

Power and features: the NAD scheme must...

Clause in NAD scheme

Paragraph 13 (1) (a)

provide that 1 or more specified classes of athletes and support persons are subject to the NAD scheme

clause 1

Paragraph 13 (1) (b)

contain rules (the anti-doping rules) applicable to athletes and support persons

subclause 1 (2)

Paragraph 13 (1) (c)

authorise ASADA to request an athlete to keep ASADA informed of where the athlete can be found

clause 18

Paragraph 13 (1) (d)

authorise ASADA to request an athlete to provide a sample

clause 21

Paragraph 13 (1) (e)

authorise ASADA to test, or arrange the testing of, samples

clauses 30 and 31

Paragraph 13 (1) (f)

authorise ASADA to investigate possible violations of the anti-doping rules

Subdivision 2.6.1

Paragraph 13 (1) (g)

authorise ASADA to disclose information obtained during such investigations for the purposes of, or in connection with, investigations

clause 95

Paragraph 13 (1) (h)

authorise ASADA to make findings relating to investigations

Subdivision 2.6.1

Paragraph 13 (1) (i)

require ASADA to establish and maintain a register of findings

Division 2.8
clause 78

Paragraph 13 (1) (j)

authorise ASADA to notify athletes, support persons and sporting administration bodies of:

   (a)  findings on the register; and

   (b)  ASADA’s recommendations

clause 82

Paragraph 13 (1) (k)

authorise ASADA to present:

   (a)  findings on the register; and

   (b)  ASADA’s recommendations;

at hearings of the Court of Arbitration for Sport and other sporting tribunals, either:

   (c)  at the request of a sporting administration body; or

   (d)  on ASADA’s own initiative

clause 91

Paragraph 13 (1) (l)

authorise ASADA to make entries on, or remove entries from, the register

clause 80
clause 85
clause 86
clause 87
clause 88

Paragraph 13 (1) (m)

authorise ASADA to publish information on and relating to the register, if:

   (a)  ASADA considers the publication to be in the public interest; or

   (b)  the athlete or support person to whom the information relates has consented to the publication;

and the other conditions (if any) specified in the NAD scheme for the purposes of this paragraph are satisfied

clause 90

Paragraph 15 (1) (a)

contain rules (the sporting administration body rules) that:

   (a)  are applicable to 1 or more specified sporting administration bodies; and

   (b)  relate to the anti-doping rules

Part 4
clause 93

Paragraph 15 (1) (b)

authorise the ASADA to monitor the compliance by sporting administration bodies with the sporting administration body rules

paragraph
93 (2) (a)

Paragraph 15 (1) (c)

authorise the ASADA to notify the ASC about the extent of such compliance by sporting administration bodies other than the ASC

paragraph
93 (2) (b)

Paragraph 15 (1) (d)

authorise the ASADA to publish reports about the extent of compliance by sporting administration bodies with the sporting administration body rules

paragraph
93 (2) (c)

Requests from foreign agencies

         (3)   If:

                (a)    ASADA receives a request from a sporting administration body mentioned in section 4 of the Act; and

               (b)    the request is reasonably necessary to enforce or give effect to the World Anti-Doping Code and relevant international anti-doping instruments;

ASADA is authorised to exercise powers under the NAD scheme in order to cooperate with the request.

Note   The definition of sporting administration body in section 4 of the Act includes international and foreign sporting organisations.

Requests to foreign agencies

         (4)   If ASADA requests a sporting administration body mentioned in section 4 of the Act to:

                (a)    provide information; or

               (b)    obtain and provide information;

in relation to an athlete or support person;

ASADA is authorised to exercise powers under the NAD scheme in relation to that information as if it were information that was obtained by an investigation by ASADA under the NAD scheme.

Note   The definition of sporting administration body in section 4 of the Act includes international and foreign sporting organisations.

ASADA to have regard to the World Anti-Doping Code

         (5)   In exercising powers for the NAD scheme, and making recommendations, ASADA must have regard to the World Anti-Doping Code, and other relevant international anti-doping instruments.

Note 1   Regulation 4 prescribes additional relevant international anti-doping instrument for the Act.

Note 2   In accordance with the Code, certain dealings in drugs or doping methods are permissible; for example, use for therapeutic purposes is recognised as a legitimate use, subject to the appropriate approvals being in place. (Clause 92 authorises ASDMAC to approve the use of a drug of doping method for therapeutic use).

3              Definitions

                In the NAD scheme:

Act means the Australian Sports Anti-Doping Authority Act 2006.

accredited laboratory means

                (a)    a laboratory in Australia that the International Olympic Committee or WADA recognises as an accredited laboratory for the purpose of testing for the use of drugs in sport; or

               (b)    a laboratory in Australia that complies with:

                          (i)    the International Standards Organisation’s general requirements for the competence of calibration and testing laboratories; or

                         (ii)    the requirements set out in a prescribed document.

adverse analytical finding, for a sample provided by an athlete, means a report from an accredited laboratory that identifies that the athlete:

                (a)    exceeds the level of a drug; or

               (b)    if no level is mentioned — shows the presence or use of a drug; or

                (c)    has used a doping method;

mentioned in the prohibited list.

aiding or abetting has the meaning given by clause 74.

anti-doping rules means the anti-doping rules summarised in subclause 1 (2), and set out in detail in Division 2.6.

ASADA representative means:

                (a)    a doping control officer; or

               (b)    a chaperone; or

                (c)    a blood collection official; or

               (d)    an investigator.

athlete has the meaning given by clause 4.

blood collection official means a person approved by ASADA as a blood collection official under clause 13.

chaperone means:

                (a)    a doping control officer; or

               (b)    a person appointed by ASADA as a chaperone.

doping control officer means a person appointed by ASADA to be a doping control officer for the NAD scheme.

Note   This definition includes all persons who are drug testing officials under the Act.

doping method has the meaning given by section 4 of the Act.

drug has the meaning given by section 4 of the Act.

fails to comply with a request, in relation to a sample, has the meaning given by clause 7.

government agency means the ASC or any sports academy, sports institute, or other similar body, of a State or Territory.

government sports agency means ASADA, the ASC, the Australian Institute of Sport or the Department.

NAD scheme means the scheme prescribed by regulation 3.

Part A, of a sample given by an athlete:

                (a)    has the meaning given by the World Anti-Doping Code International Standard for Testing; and

               (b)    includes a single sample.

Part B, of a sample given by an athlete, has the meaning given by the World Anti-Doping Code International Standard for Testing.

personal interest, in relation to the collection or outcome of the testing of a sample, has the meaning given by clause 6.

prohibited list means the prohibited list of drugs and doping methods published by the World Anti-doping Agency, as in force from time to time, and available on the Agency’s website at the following location: http://www.wada-ama.org.

receiving support has the meaning given by clause 5.

Register of Findings or Register means the register mentioned in paragraph 13 (1) (i) of the Act, and maintained by ASADA under Division 2.9 of the NAD scheme.

relevant national sporting organisation, in relation to an athlete or a support person, means a national sporting organisation:

                (a)    of which the athlete or support person is, in his or her capacity as an athlete or support person, a member or with which the athlete or support person is, in that capacity, associated in any way; or

               (b)    of which the relevant sporting organisation of the athlete or support person is a member or with which that organisation is associated in any way.

relevant sporting administration body, in relation to an athlete or a support person, means a sporting administration body for the sport in which the athlete or support person is competing.

relevant sporting organisation, in relation to an athlete or a support person, means a sporting organisation (other than a national sporting organisation) of which the athlete or support person is, in his or her capacity as an athlete or support person, a member or with which the athlete or support person is, in that capacity, associated in any way.

representative, for an athlete, means:

                (a)    a person chosen by the athlete to monitor the collection of a sample from the athlete (the collection process); or

               (b)    an interpreter chosen by an athlete to help the athlete during the collection process.

sporting administration body means an organisation in Australia that is:

                (a)    a national sporting organisation; or

               (b)    a sporting organisation.

sporting administration body representative means a person appointed by a sporting administration body to arrange, at the request of ASADA under the NAD scheme, for a person who competes in a particular sport to be asked to give a sample to determine whether the person has been using any drug or doping method.

sports drug matter means any of the following matters:

                (a)    the requesting, collection or handling of samples, or information;

               (b)    the testing of samples, the results of those tests or the handling of the results of those tests;

                (c)    the requesting by ASADA of an arrangement covered by clause 24;

               (d)    the handling of information relating to a matter covered by the NAD scheme (not being information covered by paragraph (e)), including disclosing, communicating, notifying and making publicly available the information;

                (e)    the handling of information relating to a matter covered by an arrangement covered by clause 24, including disclosing, communicating, notifying and making publicly available the information.

support person, in relation to an athlete, has the meaning given by section 4 of the Act.

test includes a series of tests.

testing, for a sample given by an athlete, means testing of the sample arranged under the NAD scheme by ASADA, or a sporting administration body, to detect or assist in determining the presence or use of any drug or doping method.

TUE committee means an appropriately constituted therapeutic use exemptions committee as defined by the International Standard for Therapeutic Use Exemptions.

World Anti-Doping Code International Standard for Testing means the World Anti-Doping Code International Standard for Testing approved by the Executive Committee of the World Anti-Doping Association, as amended from time to time.

Note 1   In accordance with the definition of World Anti-Doping Code in subsection 4 (1) of the Act, a reference to the Code is a reference to the Code as in force from time to time.

Note 2   Other words and phrases used in the NAD scheme, including ASADA and ASC are defined in section 4 of the Act.

4              Meaning of athlete

         (1)   For the NAD scheme, each of the following people is an athlete:

                (a)    an Australian citizen, or a permanent resident, who competes, or has been selected to compete, as a representative of Australia in international sporting competition;

               (b)    an Australian citizen, or a permanent resident, who has the potential to represent Australia in international sporting competition;

                (c)    a person who competes as a member of a team in sporting competition (whether held, or to be held, in or outside Australia) at a level at which:

                          (i)    teams that represent Australia in international sporting competition take part; or

                         (ii)    teams that represent organisations in Australia and contain members who have the potential to represent Australia in international sporting competition take part;

               (d)    a person who competes in sporting competition and:

                          (i)    is receiving support from the Commonwealth or the ASC; or

                         (ii)    is a party to an arrangement with the Commonwealth or the ASC under which the person will receive support from the Commonwealth or the ASC;

                (e)    a person who competes in international, national or state sporting competition held, or to be held, in Australia;

                (f)    a person who competes in sporting competition at a level at which people representing Australia could be expected to compete;

                (g)    a person:

                          (i)    who has reached such a standard of performance in the field of sporting activity in which he or she competes as to be capable of representing in international sporting competition the country of which he or she is a citizen or in which he or she is ordinarily resident; and

                         (ii)    in respect of whom ASADA has been requested by a foreign sporting organisation, or is required under a contract with a foreign sporting organisation, to obtain a sample for testing;

                (h)    a non-Australian in respect of whom ASADA has been requested by, or is required or permitted under a contract with:

                          (i)    a foreign sporting organisation in the country of which the person is a citizen or in which the person is ordinarily resident; or

                         (ii)    a relevant International Sporting Federation;

                        to obtain a sample for testing;

                 (i)    a person in respect of whom ASADA, under an anti-doping arrangement, is required or permitted to obtain a sample for testing;

                (j)    a person:

                          (i)    whose name is entered on the Register; and

                         (ii)    who, as a direct or indirect result of having his or her name so entered, is ineligible to take part in sporting competition.

         (2)   Subject to subclause (3), if a person:

                (a)    is training, or has at any time within the last 12 months trained, to compete in sporting competition or international sporting competition, or in sporting competition or international sporting competition at a particular level; or

               (b)    has, at any time within the last 12 months competed in sporting competition or international sporting competition, or in sporting competition or international sporting competition at a particular level;

the person is taken for the purposes of subclause (1) to be a person who competes in sporting competition or international sporting competition, or in sporting competition or international sporting competition at that level, as the case may be.

         (3)   For the NAD scheme, a person is taken not to have been a athlete at a particular time if the person:

                (a)    notified the relevant national sporting organisation before that time that he or she had retired from taking part in sporting competition; and

               (b)    has not, since the notification was given, taken part in sporting competition.

5              Meaning of receiving support

                For the NAD scheme, a person is taken to be receiving support from a government or a government agency if the person:

                (a)    receives funding from the government or agency for the purpose of taking part in sporting activities, or for the purpose of training to take part in sporting activities; or

               (b)    uses facilities for that purpose that are:

                          (i)    provided (wholly or partly) by the government or agency; or

                         (ii)    operated or maintained (wholly or partly) with funding received from the government or agency; or

                (c)    is a member of, or is in any way associated with, a sporting organisation that:

                          (i)    receives funding from the government or agency for that purpose; or

                         (ii)    uses facilities that are provided (wholly or partly) by the government or agency for that purpose; or

                         (iii)    uses facilities that are operated or maintained (wholly or partly) with funding received from the government or agency for that purpose; or

                        (iv)    receives advice or other services from the government or agency for that purpose.

6              Meaning of personal interest

         (1)   For the NAD scheme, a person is taken to have a personal interest in:

                (a)    the collection or outcome of the testing of a sample of an athlete; or

               (b)    any other matter relating to the NAD scheme;

if 1 of the matters set out in subclause (2) exists.

         (2)   The matters are that:

                (a)    the person has a direct or indirect pecuniary interest in:

                          (i)    the outcome of the testing of the sample; or

                         (ii)    the other matter; or

               (b)    the person:

                          (i)    participates in; or

                         (ii)    is involved in the administration of;

                        a sport in which the athlete competes; or

                (c)    the person is:

                          (i)    a member of; or

                         (ii)    involved in the administration of;

                        a sporting organisation of which the athlete is a member; or

               (d)    a sample of an athlete to which:

                          (i)    collection or testing relates; or

                         (ii)    any other matter relating to the NAD scheme relates;

                        was collected, or is to be collected, at, or in relation to, a particular sporting event or sporting venue, and the person is involved in the administration of that event or venue (otherwise than for the purposes of the NAD scheme); or

                (e)    the person is related to, or has some involvement in the affairs of, the athlete.

7              Meaning of fails to comply with a request to provide a sample

                For the NAD scheme, an athlete fails to comply with a request by ASADA to provide a sample if, and only if:

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

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

                (c)    after providing the sample, the athlete fails to do anything in relation to the sample that is required by the scheme to be done by the athlete.


 

Part 2          Testing and investigating

Note   Under section 9 of the Act, the regulations must prescribe a scheme about any or all of several specified matters relating to anti-doping measures. Section 4 of the Act defines the prescribed scheme as the NAD scheme or the National Anti-Doping Scheme.

Division 2.1           Drug tests, permitted levels and procedures

8              Urine testing under the NAD scheme

         (1)   Urine testing is a procedure to be used in testing under the NAD scheme.

         (2)   Any athlete may be subjected to urine testing in order to detect or assist in determining whether the athlete:

                (a)    exceeds the level of a drug; or

               (b)    shows the presence or use of a drug; or

                (c)    has used a doping method;

mentioned in the prohibited list.

         (3)   The procedure for urine testing consists of the requirements of:

                (a)    the NAD scheme in Schedule 1 to these Regulations; and

               (b)    the World Anti-Doping Code International Standard for Testing; and

                (c)    subject to paragraphs (a) and (b) — ASADA’s doping control protocols and procedures.

9              Blood testing under the NAD scheme

         (1)   Blood testing is a procedure to be used in testing under the NAD scheme.

         (2)   Any athlete may be subjected to blood testing in order to detect or assist in determining whether the athlete:

                (a)    exceeds the level of a drug; or

               (b)    shows the presence or use of a drug; or

                (c)    has used a doping method;

mentioned in the prohibited list.

         (3)   The procedure for blood testing consists of the requirements of:

                (a)    the NAD scheme in Schedule 1 to these Regulations; and

               (b)    the World Anti-Doping Code International Standard for Testing; and

                (c)    subject to paragraphs (a) and (b) — ASADA’s doping control protocols and procedures.

Division 2.2           Doping control officers and chaperones

Subdivision 2.2.1        ASADA representatives

10            Doping control officers

         (1)   ASADA may appoint a person to be a doping control officer for the NAD scheme.

         (2)   ASADA must make sure that each doping control officer is given an identity card that bears a recent photograph of the official.

11            Chaperones

         (1)   ASADA may appoint a person to be a chaperone for the NAD scheme.

         (2)   A doping control officer is also taken to be a chaperone.

12            Investigators

                ASADA may appoint a person to be an investigator for the NAD scheme.

13            Blood collection officials

                ASADA may approve a person as a blood collection official for the NAD scheme if ASADA is satisfied on reasonable grounds that the person is qualified to perform the blood collection procedure required by the scheme.

14            Identity cards

         (1)   ASADA must make sure that each person who is:

                (a)    a chaperone; or

               (b)    a blood collection official; or

                (c)    a doping control officer; or

               (d)    an investigator; or

is given an identity card.

         (2)   If a chaperone is a doping control officer, the card must bear a recent photograph of the official.

         (3)   If a chaperone is not a doping control officer, the card must bear the signature of an employee of ASADA.

         (4)   An identity card for a blood collection official must bear the signature of an employee of ASADA, and an endorsement by ASADA that the person is a blood collection official.

         (5)   An identity card for an investigator must bear the signature of an employee of ASADA, and an endorsement by ASADA that the person is an investigator.

         (6)   A person who ceases to be a chaperone, blood collection official, doping control officer or investigator must return his or her identity card to ASADA on the day when the person ceases to hold that position.

15            Production of identity cards

         (1)   If an ASADA representative makes a request of an athlete or support person under the NAD scheme, the athlete or support person may ask the ASADA representative to produce his or her identity card.

         (2)   If an athlete or support person asks an ASADA representative to produce his or her identity card under subclause (1):

                (a)    the representative must do so; and

               (b)    the athlete or support person is not required to comply with a request made by the representative until the representative produces his or her identity card.

16            Conflict of interest — ASADA representatives

         (1)   ASADA must make sure that the conditions of service applicable to ASADA representatives require the representatives to report to ASADA any personal interest in:

                (a)    the collection or outcome of the testing of a sample given by an athlete; or

               (b)    any other matter relating to the NAD scheme.

Example for paragraph (b)

The representative may have a personal interest in an investigation conducted by the ASDMAC or a TUE committee, in relation to a sample provided by an athlete.

         (2)   If an ASADA representative reports a personal interest in a sports drug matter (including the collection or outcome of the testing of a sample given by an athlete) ASADA may direct another ASADA representative to carry out the duties of ASADA representative in relation to the matter.

Note   For the meaning of personal interest, see clause 6.

Subdivision 2.2.2        Sporting administration body representatives

17            Conflict of interest — sporting administration body representatives

         (1)   This clause applies if, under subclause 24 (5), ASADA asks a sporting administration body to arrange for a person who competes in a particular sport to be asked to provide a sample to determine whether the person has been using a drug or doping method.

         (2)   ASADA must make sure that the conditions of service applicable to persons appointed by the sporting administration body to be sporting administration body representatives require the representatives to report to the sporting administration body any personal interest in the collection or outcome of the testing of a sample of an athlete that is arranged by ASADA under subclause 24 (5).

         (3)   ASADA must also make sure that, if a sporting administration body representative reports a personal interest in the collection or outcome of the testing of a sample of an athlete, the sporting administration body may direct another sporting administration body representative to carry out the duties of the representative in relation to the collection or testing of a sample of the athlete.

Note   For the meaning of personal interest, see clause 6.

Division 2.3           Locating athletes

18            Request to give location of athlete

         (1)   ASADA may ask an athlete to keep ASADA informed of where the athlete can be found.

         (2)   The request:

                (a)    must be made orally or by written notice; and

               (b)    must:

                          (i)    explain how the athlete is to keep ASADA informed; and

                         (ii)    set out the period or periods for which the athlete is to keep ASADA informed.

Note   ASADA must also comply with its obligation to explain to the athlete the possible consequences of failing to comply with the request: see subsection 14 (2) of the Act.

         (3)   If ASADA asks an intellectually disabled athlete to inform ASADA of where the athlete can be found, ASADA must give at least 1 of the following persons oral or written notice that ASADA has made the request:

                (a)    the athlete’s spouse;

               (b)    the athlete’s parent or guardian;

                (c)    the athlete’s coach;

               (d)    a representative of a relevant sporting administration body.

         (4)   For subclauses (2) and (3), ASADA may give a written notice to a person:

                (a)    by delivering it personally to the person; or

               (b)    by sending it by post, or by means of a courier service, to the person at the address of the person’s place of residence last known to ASADA; or

                (c)    if the person has notified ASADA of a number to which notices may be sent to the person by facsimile transmission — by sending it to the person by facsimile transmission to that number; or

               (d)    if the person has notified ASADA of an email address to which notices may be sent to the person — by sending it to the person by email to that address; or

                (e)    if the notice cannot be given in accordance with paragraph (a), (b), (c) or (d) — by sending it to the relevant sporting administration body:

                          (i)    by post, or by means of a courier service, to the address of the body last known to ASADA; or

                         (ii)    if the body has notified ASADA of a number to which notices may be sent to the body by facsimile transmission — by sending it to the body by facsimile transmission to that number; or

                        asking the body to forward the notice in a sealed envelope to the person.

19            ASADA may ask for help in locating athlete

                If ASADA is having difficulty finding an athlete in order to make a request under subclause 18 (1), ASADA may ask:

                (a)    a relevant sporting administration body; or

               (b)    a person who knows, or is related to, the athlete;

for help in finding the athlete.

Division 2.4           Requests for samples

20            Code procedures to be followed

                A request for a sample made under this Division must comply, or substantially comply, with the procedures for the making of a request for a sample mentioned in the International Standard for Testing published by the World Anti-Doping Agency, and available on the following website: http://www.wada-ama.org.

21            ASADA may ask athlete for samples

         (1)   ASADA may ask an athlete to give ASADA a sample to:

                (a)    detect; or

               (b)    assist in determining;

whether the athlete has used a drug or doping method.

         (2)   Subclause (3) applies if, in the course of an investigation conducted by the ASDMAC or a TUE committee, in relation to a sample provided by an athlete, the ASDMAC or the TUE committee asks ASADA to ask the athlete for 1, or more than 1, additional sample for the investigation.

         (3)   ASADA may ask the athlete for the additional sample or samples.

         (4)   Nothing in the NAD scheme prevents ASADA from asking an athlete to give, on the same day, 1 or more urine samples and 1 or more blood samples.

         (5)   ASADA may ask an athlete, or a sporting administration body, to provide information relating to a sample.

22            ASADA may ask sporting administration body to test

                ASADA may ask a sporting administration body to do 1 or more of the following:

                (a)    to arrange for an athlete to be requested to provide a sample in order to detect or assist in determining whether the athlete has used a drug or doping method;

               (b)    to test a sample for that purpose;

                (c)    to give ASADA information arising out of the making, or attempted making, of such a request, including information concerning:

                          (i)    an evasion, or an attempted evasion, by the athlete, of a request to provide a sample; or

                         (ii)    the aiding, abetting, counselling or procuring of such an evasion, or attempted evasion, by the athlete; or

                         (iii)    any failure by the athlete to be able to be located to provide such a sample; or

                        (iv)    any failure by the athlete to provide such a sample; or

                         (v)    the results of the testing of the sample; or

                        (vi)    any failure by the athlete to keep the sporting administration body informed of where the person can be found; or

                        (vii)    the inability, because of a failure of the kind mentioned in subparagraph (vi), of the sporting administration body to make the request; or

                       (viii)    any tampering, or attempted tampering, by the athlete, or a support person, with a sports drug matter.

23            ASDMAC etc may ask ASADA to ask athlete for additional samples

                In the course of an investigation conducted by the ASDMAC or a TUE committee, in relation to a sample provided by an athlete, the ASDMAC or the TUE committee may ask ASADA to ask the athlete for 1, or more than 1, additional sample for the investigation.

24            Request to give sample

         (1)   A request for a sample may be made orally or by written notice.

         (2)   A request for a sample must be accompanied by the following information:

                (a)    the place where the athlete is to give the sample;

               (b)    when the athlete must go to the place for that purpose;

                (c)    the kind of sample the athlete will be required to provide.

Note   Subclause 21 (4) provides that ASADA is not prevented from requesting, on the same day, 1 or more urine samples and 1 or more blood samples.

         (3)   The information mentioned in subclause (2) must be given:

                (a)    at the time the request is made; or

               (b)    as soon as practicable afterwards.

         (4)   If an intellectually disabled athlete is asked for a sample, ASADA (or a sporting administration body at ASADA’s request) must give at least 1 of the following persons oral or written notice that the request has been made:

                (a)    the athlete’s spouse;

               (b)    the athlete’s parent or guardian;

                (c)    the athlete’s coach;

               (d)    a representative of a relevant sporting administration body.

         (5)   If it would be unreasonable to require the athlete to go to the stated place at the stated time, ASADA (or a sporting administration body at ASADA’s request) may agree with the athlete to collect the sample at a different time or place.

         (6)   If ASADA (or a sporting administration body at ASADA’s request) has made reasonable attempts to locate an athlete, ASADA or the sporting administration body may ask a person who knows, or is related to, the athlete for help in locating the athlete.

25            ASADA to engage an interpreter

         (1)   This clause applies if ASADA (or a sporting administration body at ASADA’s request) asks an athlete for a sample under clause 24.

         (2)   ASADA (or a sporting administration body at ASADA’s request) must make reasonable efforts to ensure that its request is understood.

         (3)   If the athlete is unable to receive or understand the request for a sample (for example, because the athlete is deaf), ASADA (or a sporting administration body at ASADA’s request) may communicate with the athlete through an interpreter.

         (4)   If ASADA (or a sporting administration body at ASADA’s request) needs to give notice of the request for a sample to a person mentioned in paragraph 24 (4) (a), (b), (c) or (d) and that person is unable to understand English, or otherwise has difficulty communicating in English, ASADA or the sporting administration body may communicate with the person through an interpreter.

26            ASADA to pay athlete’s expenses

         (1)   This section applies if a place stated under paragraph 24 (2) (a) is more than 50 kilometres from the place where the request is received.

         (2)   ASADA must offer to pay the reasonable expenses of the athlete incurred in travelling from the place where the request was received to the stated place.

         (3)   ASADA may also offer to pay the reasonable expenses of the athlete incurred in travelling from the place where the request was received to the stated place if it is otherwise reasonable to do so.

27            Athlete appears likely to fail to comply

         (1)   Subclause (2) applies if:

                (a)    an athlete has been asked for a sample under clause 24; and

               (b)    it appears to ASADA that the athlete is likely to fail to comply with the request; and

                (c)    it appears to ASADA that a sporting administration body should be given the opportunity to try to persuade the athlete to comply with the request.

         (2)   ASADA may tell the sporting administration body that the athlete appears to be likely to fail to comply with the request.

28            Retired athletes

         (1)   Subclause (2) applies if:

                (a)    an athlete has been asked for a sample under clause 24; and

               (b)    the athlete claims to have retired from taking part in sporting competition.

         (2)   ASADA may ask a sporting administration body to tell ASADA whether the athlete has notified the body that he or she has retired from taking part in sporting competition and, if so, the date of notification.

         (3)   The athlete is not required to give the sample if:

                (a)    ASADA asks a sporting administration body whether the athlete has retired from taking part in sporting competition; and

               (b)    the sporting administration body tells ASADA:

                          (i)    in writing; and

                         (ii)    before the time the sample is to be given;

                        that the athlete has retired from taking part in sporting competition.

Division 2.5           Testing samples 

29            Code procedures to be followed

                A test of a sample made under this Division must comply, or substantially comply, with the procedures for the testing of a sample mentioned in the Code and international standards, and available at the following website address: http://www.wada-ama.org.

30            ASADA may conduct screening tests on samples

         (1)   This clause applies if:

                (a)    an athlete has been asked for a sample under clause 24; and

               (b)    the athlete gives the sample in response to the request.

         (2)   ASADA may use analytical techniques and equipment to test the sample to:

                (a)    detect; or

               (b)    assist in determining;

the presence or use of any drug or doping method.

31            ASADA may ask laboratory to test samples

         (1)   This clause applies to a sample:

                (a)    if an athlete has been asked for a sample under clause 24 and the athlete gives the sample in response to the request; and

               (b)    whether or not ASADA has used analytical techniques and equipment to test the sample.

         (2)   If this clause applies to a sample, ASADA may ask an accredited laboratory or an accredited foreign laboratory to test the sample to:

                (a)    detect; or

               (b)    assist in determining;

the presence or use of any drug or doping method.

32            Investigations by ASADA and analytical investigative bodies

         (1)   ASADA, or a TUE committee, may investigate an adverse analytical finding for a sample given by an athlete to find out whether the result was caused by naturally occurring levels of the substance concerned.

Note   The ASDMAC also has the power to investigate an adverse analytical finding for a sample given by an athlete for this purpose (see subclause 92 (1)).

         (2)   An investigation mentioned in subclause (1) must take into account any approval given to the athlete by:

                (a)    ASDMAC; or

               (b)    a TUE committee;

for the therapeutic use of the drug or doping method.

Note   Under subclause 92 (2) of the NAD scheme ASDMAC may give approval for therapeutic use of a drug or doping method.

         (3)   If an athlete has an approval for the use of a drug for therapeutic purposes, ASADA or a TUE committee may investigate the sample analysis result for a sample given by the athlete to find out whether the athlete has complied with the conditions of the approval.

Note   The ASDMAC also has the power to investigate the sample analysis result for the same purpose (see subclause 92 (3)).

33            Retention and Retesting of samples

         (1)   This clause applies if:

                (a)    ASADA has asked an accredited laboratory to test a sample given by an athlete under the NAD scheme; and

               (b)    there is a Part B of the sample; and

                (c)    Part B of the sample has not been used for testing under the NAD scheme.

         (2)   If the result of the testing of Part A of the sample is positive, the laboratory must keep Part B of the sample for at least 12 months.

         (3)   If the result of the testing of Part A of the sample is negative, the laboratory must keep Part B of the sample for at least 30 days.

         (4)   ASADA may, at any time:

                (a)    retest a sample; or

               (b)    use the result of a test in performing a further test; or

                (c)    use the sample, or the result of a test, in undertaking an investigation; or

               (d)    use the sample, or the result of a test, in undertaking research.

Division 2.6           ASADA testing and analysis investigations of athletes — anti-doping rules, rights and ASADA findings

Subdivision 2.6.1        The Rules, rights of athletes and findings

Note   Subdivision 2.6.2 contains specific provisions relating to attempts and aiding and abetting [see clauses 73 and 74].

34            Rule: request to inform ASADA of location — notice about athletes’ rights etc

         (1)   If ASADA requests an athlete to keep ASADA informed of where the athlete can be found, for the purpose of being asked to provide a sample in order to detect or assist in determining whether the person has been using a drug or a doping method, ASADA must give the athlete notice of the possible consequences of a failure to comply with the request.

Note   Clause 57 provides that ASADA may arrange for a sporting administration body to make the request on behalf of ASADA.

         (2)   ASADA must give the notice:

                (a)    when it asks the athlete to keep it informed; or

               (b)    as soon as practicable after it asks the athlete to keep it informed.

         (3)   ASADA may give the notice orally or in writing.

35            Notice about failure to comply with request to inform ASADA of location

         (1)   This clause applies if ASADA believes that an athlete may have failed to comply with a request by ASADA under clause 18 to keep ASADA informed of where the athlete can be found.

Note   Clause 57 provides that ASADA may arrange for a sporting administration body to make the request on behalf of ASADA.

         (2)   If ASADA believes under subclause (1) that an athlete may have failed comply with a request ASADA must, as soon as practicable, give the athlete a written notice stating that:

                (a)    ASADA proposes to make a finding to that effect, and to enter the finding on the Register; and

               (b)    that the athlete (or a person on the athlete’s behalf) may, within 7 days after receiving the notice:

                          (i)    give a written submission to ASADA setting out any reasonable cause for the athlete’s failure to keep ASADA informed; or

                         (ii)    by giving a written notice to ASADA, waive the athlete’s right to make a submission.

36            Submission about failure to comply with request to inform ASADA of location

         (1)   If ASADA gives an athlete a notice under clause 35, the athlete (or a person on the athlete’s behalf) may, within 7 days after receiving the notice (the submission period):

                (a)    give a written submission to ASADA setting out any reasonable cause for the failure to comply with the request; or

               (b)    by giving a written notice to ASADA, waive the athlete’s right to make a submission.

         (2)   If the athlete does not give ASADA a written submission or notice within the submission period, the athlete is taken to have waived the athlete’s right to make a submission.

         (3)   Subclause (4) applies if ASADA considers that the athlete is likely to take part in:

                (a)    an international sporting competition; or

               (b)    a sporting competition to select people to represent Australia in an international sporting competition.

         (4)   Before the end of the submission period, ASADA may, by written notice to the athlete, substitute for the period of 7 days mentioned in subclause (1) a shorter period that it considers appropriate in the circumstances.

         (5)   The submission period is taken to have ended:

                (a)    if, by written notice before the end of the submission period, the athlete waives the athlete’s right to make a submission — when ASADA receives the written notice; or

               (b)    if the athlete gives ASADA a submission before the end of the submission period — when ASADA receives the submission.

Note   Clause 94 provides that when a notice that is given to an athlete it is presumed to have been received.

37            Finding — failure to comply with request to inform ASADA of location

         (1)   After the submission period, ASADA must, as soon as practicable:

                (a)    consider any submissions made under clause 36; and

               (b)    make a decision whether or not to enter a finding on the Register.

         (2)   If ASADA’s decision is to enter a finding on the Register, ASADA must make the entry immediately.

         (3)   ASADA must give the athlete a written notice stating:

                (a)    ASADA’s decision; and

               (b)    if an entry has been made on the Register — details of the entry.

         (4)   A notice under subclause (3) must state that the athlete has the right to have ASADA’s decision reviewed by the Administrative Appeals Tribunal.

38            Rule: athlete not able to be located for a sample after being requested to provide location — notice about athletes’ rights etc

         (1)   This clause applies if ASADA believes that an athlete may not have been able to be located, so that a request for a sample could be made, because the athlete failed to comply with a request by ASADA to keep ASADA informed of where the athlete could be found.

Note   Clause 57 provides that ASADA may arrange for a sporting administration body to make the request on behalf of ASADA.

         (2)   If ASADA believes under subclause (1) that an athlete may not have been able to be located because the athlete failed to comply with a request ASADA must, as soon as practicable, give the athlete a written notice stating that:

                (a)    ASADA proposes to make a finding to that effect, and to enter the finding on the Register; and

               (b)    that the athlete (or a person on the athlete’s behalf) may, within 7 days after receiving the notice:

                          (i)    give a written submission to ASADA setting out any reasonable cause for the athlete’s failure to keep ASADA informed; or

                         (ii)    by giving a written notice to ASADA, waive the athlete’s right to make a submission.

39            Submission about athlete not being able to be located for a sample after being requested to provide location

         (1)   If ASADA gives an athlete a notice under clause 38, the athlete (or a person on the athlete’s behalf) may, within 7 days after receiving the notice (the submission period):

                (a)    give a written submission to ASADA setting out any reasonable cause for the athlete’s failure to be located; or

               (b)    by giving a written notice to ASADA, waive the athlete’s right to make a submission.

         (2)   If the athlete does not give ASADA a written submission or notice within the submission period, the athlete is taken to have waived the athlete’s right to make a submission.

         (3)   Subclause (4) applies if ASADA considers that the athlete is likely to take part in:

                (a)    an international sporting competition; or

               (b)    a sporting competition to select people to represent Australia in an international sporting competition.

         (4)   Before the end of the submission period, ASADA may, by written notice to the athlete, substitute for the period of 7 days mentioned in subclause (1) a shorter period that it considers appropriate in the circumstances.

         (5)   The submission period is taken to have ended:

                (a)    if, by written notice before the end of the submission period, the athlete waives the athlete’s right to make a submission — when ASADA receives the written notice; or

               (b)    if the athlete gives ASADA a submission before the end of the submission period — when ASADA receives the submission.

Note   Clause 94 provides that when a notice that is given to an athlete it is presumed to have been received.

40            Finding — athlete not being able to be located for a sample after being requested to provide location

         (1)   After the submission period, ASADA must, as soon as practicable:

                (a)    consider any submissions made under clause 39; and

               (b)    make a decision whether or not to enter a finding on the Register.

         (2)   If ASADA’s decision is to enter a finding on the Register, ASADA must make the entry immediately.

         (3)   ASADA must give the athlete a written notice stating:

                (a)    ASADA’s decision; and

               (b)    if an entry has been made on the Register — details of the entry.

         (4)   A notice under subclause (3) must state that the athlete has the right to have ASADA’s decision reviewed by the Administrative Appeals Tribunal.

41            Rule: evasion of request by ASADA for a sample — notice about athletes’ rights etc

         (1)   This clause applies if ASADA believes that an athlete may have evaded receiving a request by ASADA for a sample.

Note   Clause 57 provides that ASADA may arrange for a sporting administration body to make the request on behalf of ASADA.

         (2)   If ASADA believes under subclause (1) that an athlete may have evaded receiving a request ASADA must, as soon as practicable, give the athlete a written notice stating that:

                (a)    ASADA proposes to make a finding to that effect, and to enter the finding on the Register; and

               (b)    that the athlete (or a person on the athlete’s behalf) may, within 7 days after receiving the notice:

                          (i)    give a written submission to ASADA setting out any reasonable cause for the evasion; or

                         (ii)    by giving a written notice to ASADA, waive the athlete’s right to make a submission.

Note   Clause 73 provides that an athlete who attempts to evade receiving a request may be dealt with under clause 41.

42            Submission about evasion of request by ASADA for a sample

         (1)   If ASADA gives an athlete a notice under clause 41, the athlete (or a person on the athlete’s behalf) may, within 7 days after receiving the notice (the submission period):

                (a)    give a written submission to ASADA setting out any reasonable cause for the athlete’s conduct; or

               (b)    by giving a written notice to ASADA, waive the athlete’s right to make a submission.

         (2)   If the athlete does not give ASADA a written submission or notice within the submission period, the athlete is taken to have waived the athlete’s right to make a submission.

         (3)   Subclause (4) applies if ASADA considers that the athlete is likely to take part in:

                (a)    an international sporting competition; or

               (b)    a sporting competition to select people to represent Australia in an international sporting competition.

         (4)   Before the end of the submission period, ASADA may, by written notice to the athlete, substitute for the period of 7 days mentioned in subclause (1) a shorter period that it considers appropriate in the circumstances.

         (5)   The submission period is taken to have ended:

                (a)    if, by written notice before the end of the submission period, the athlete waives the athlete’s right to make a submission — when ASADA receives the written notice; or

               (b)    if the athlete gives ASADA a submission before the end of the submission period — when ASADA receives the submission.

Note   Clause 94 provides that when a notice that is given to an athlete it is presumed to have been received.

43            Finding — evasion of request by ASADA for a sample

         (1)   After the submission period, ASADA must, as soon as practicable:

                (a)    consider any submissions made under clause 42; and

               (b)    make a decision whether or not to enter a finding on the Register.

         (2)   If ASADA’s decision is to enter a finding on the Register, ASADA must make the entry immediately.

         (3)   ASADA must give the athlete a written notice stating:

                (a)    ASADA’s decision; and

               (b)    if an entry has been made on the Register — details of the entry.

         (4)   A notice under subclause (3) must state that the athlete has the right to have ASADA’s decision reviewed by the Administrative Appeals Tribunal.

44            Rule: request for sample — notice about athletes’ rights etc

         (1)   This clause applies if ASADA requests that an athlete give a sample.

Note   Clause 57 provides that ASADA may arrange for a sporting administration body to make the request on behalf of ASADA.

         (2)   As soon as practicable after ASADA requests an athlete to give a sample, ASADA must give the athlete notice of the possible consequences of failing to comply with a request by ASADA to provide a sample.

         (3)   ASADA may give the notice orally or in writing.

45            What athlete may do before giving sample

         (1)   Before going with a chaperone to a place to give the sample, the athlete may:

                (a)    arrange for a representative to accompany the athlete to the place; or

               (b)    with the consent of the chaperone, do anything that is reasonable for the athlete to do before going to the place to give the sample.

         (2)   The athlete must remain visible to the chaperone while doing anything mentioned in subclause (1).

         (3)   A chaperone must not refuse any reasonable request by an athlete for consent under subclause (1).

         (4)   A refusal by a chaperone to consent to a request by an athlete under subclause (1) does not invalidate any test conducted on a sample given by the athlete.

46            Right to a representative

         (1)   The athlete may choose a representative to monitor the collection of the sample.

         (2)   However, the representative must not witness the passing of a urine sample unless the athlete needs help to pass the sample because the athlete has a disability.

47            Notice about failure to comply with request to provide sample

         (1)   This clause applies if ASADA believes that an athlete has failed to comply with the request for a sample under clause 24.

         (2)   If ASADA believes that an athlete has failed to comply with a request under subclause (1) ASADA must, as soon as practicable, give the athlete a written notice stating that:

                (a)    ASADA proposes to make a finding to that effect, and to enter the finding on the Register; and

               (b)    that the athlete (or a person on the athlete’s behalf) may, within 7 days after receiving the notice:

                          (i)    give a written submission to ASADA setting out any reasonable cause for the athlete’s failure to keep ASADA informed; or

                         (ii)    by giving a written notice to ASADA, waive the athlete’s right to make a submission.

48            Submission about failure to comply with request to provide sample

         (1)   If ASADA believes that an athlete has failed to comply with the request for a sample under clause 24, the athlete (or a person on the athlete’s behalf) may, within 7 days after receiving the notice mentioned in subclause 47 (2) (the submission period):

                (a)    give a written submission to ASADA setting out any reasonable cause for the failure; or

               (b)    by giving a written notice to ASADA, waive the athlete’s right to make a submission.

         (2)   If the athlete does not give ASADA a written submission or notice within the submission period, the athlete is taken to have waived the athlete’s right to make a submission.

         (3)   Subclause (4) applies if ASADA considers that the athlete is likely to take part in:

                (a)    international sporting competition; or

               (b)    a sporting competition to select people to represent Australia in international sporting competition.

         (4)   Before the end of the submission period, ASADA may, by written notice to the athlete, substitute for the period of 7 days mentioned in subclause (1) a shorter period that it considers appropriate in the circumstances.

         (5)   The submission period is taken to have ended:

                (a)    if, by written notice before the end of the submission period, the athlete waives the athlete’s right to make a submission — when ASADA receives the written notice; or

               (b)    if the athlete gives ASADA a submission before the end of the submission period — when ASADA receives the submission.

Note 1   For the meaning of fails to comply with a request, see clause 7.

Note 2   Clause 94 provides that when a notice that is given to an athlete it is presumed to have been received.

49            Finding — failure to comply with request to provide sample

         (1)   After the submission period, ASADA must, as soon as practicable:

                (a)    consider any submissions made under clause 48; and

               (b)    make a decision whether or not to enter a finding on the Register.

         (2)   If ASADA’s decision is to enter a finding on the Register, ASADA must make the entry immediately.

         (3)   ASADA must give the athlete a written notice stating:

                (a)    ASADA’s decision; and

               (b)    if an entry has been made on the Register — details of the entry.

         (4)   A notice under subclause (3) must state that the athlete has the right to have ASADA’s decision reviewed by the Administrative Appeals Tribunal.

50            What happens if result of test of Part A of sample is an adverse analytical finding

         (1)   This clause applies if:

                (a)    the athlete gives a sample in response to ASADA’s request for a sample; and

               (b)    the result of the testing arranged by ASADA of Part A of the athlete’s sample is an adverse analytical finding; and

                (c)    after inquiry, ASADA is not aware of any approval for therapeutic use of the drug or doping method identified by the adverse analytical finding given:

                          (i)    by ASDMAC; or

                         (ii)    by a TUE committee; or

                         (iii)    as a result a decision by WADA following a review or appeal; and

               (d)    ASADA is satisfied that the testing complied with the World Anti-Doping Code International Standard for Testing.

Note   Clause 57 provides that a request made on behalf of ASADA by a sporting administration body is taken to be a request made by ASADA for the NAD scheme.

         (2)   As soon as practicable after receiving information about the result of the test, ASADA must give the athlete a written notice (the information notice) stating that:

                (a)    ASADA proposes to make a finding to that effect, and to enter the finding on the Register; and

               (b)    that the athlete (or a person on the athlete’s behalf) may, within 7 days after receiving the notice:

                          (i)    give a written submission to ASADA setting out any reasonable cause for the athlete’s failure to keep ASADA informed; or

                         (ii)    by giving a written notice to ASADA, waive the athlete’s right to make a submission.

         (3)   If there is a Part B of the sample, the information notice must also state:

                (a)    that the athlete has the right to notify ASADA in writing, within 7 days after receiving the information notice, that the athlete:

                          (i)    elects to have Part B of the sample tested; or

                         (ii)    does not elect to have Part B of the sample tested; and

               (b)    that, if the athlete does not notify ASADA within 7 days after receiving the information notice, the athlete cannot make any further election in relation to Part B of the sample; and

                (c)    that, if the athlete elects to have Part B of the sample tested:

                          (i)    ASADA will arrange for Part B of the sample to be tested on the testing day stated in a notice under paragraph 51 (3) (a); and

                         (ii)    the athlete is entitled to be present or represented at the testing of Part B of the sample; and

                         (iii)    ASADA will give the athlete notice of the result of the test as soon as practicable; and

                        (iv)    if the result of the test is an adverse analytical finding, the athlete may choose an option mentioned in subclause (4); and

               (d)    that, if the athlete does not elect to have Part B of the sample tested:

                          (i)    the athlete is still entitled to make a submission in relation to the testing of Part A of the sample; and

                         (ii)    the athlete may waive his or her right to make a submission in relation to the testing of Part A of the sample; and

                         (iii)    ASADA will make a decision under clause 56 whether or not to make an entry on the Register; and

                (e)    the possible consequences, mentioned in subclause (5), of an adverse analytical finding for the sample.

         (4)   For subparagraph (3) (c) (iv), the options are that within 7 days after receiving the notice about the result of Part B of the sample, the athlete (or a person on the athlete’s behalf) may:

                (a)    give ASADA a submission setting out any information or evidence that may affect the validity of the results of the testing of Part A or Part B of the sample; or

               (b)    by giving ASADA a written notice, waive the athlete’s right to make a submission.

         (5)   For paragraph (3) (e), the possible consequences are that:

                (a)    ASADA may have to enter information about the test result on the Register; and

               (b)    if ASADA enters information about the test result on the Register, ASADA must give written notice about the entry to:

                          (i)    each relevant national sporting organisation in relation to the athlete; and

                         (ii)    each relevant sporting organisation (if any) in relation to the athlete; and

                         (iii)    each relevant government agency in relation to the athlete; and

                        (iv)    WADA.

         (6)   Before the information notice is presumed to have been received by the athlete, ASADA may give the athlete oral notice of the matters mentioned in the information notice.

Note   Government agency, relevant national sporting organisation and relevant sporting organisation are defined in clause 3.

Note 2   Clause 94 provides that when a notice that is given to an athlete it is presumed to have been received.

51            Election to have Part B of sample tested

         (1)   If ASADA gives an athlete an information notice that includes the statements mentioned in subclause 50 (3), the athlete may give ASADA a notice, in writing, within 7 days after receiving the information notice that the athlete:

                (a)    elects to have Part B of the sample tested; or

               (b)    does not elect to have Part B of the sample tested.

         (2)   If the athlete does not notify ASADA under subclause (1) within 7 days after receiving the information notice, the athlete cannot later make any election in relation to the testing of Part B of the sample.

         (3)   If the athlete elects to have Part B of the sample tested:

                (a)    ASADA must, as soon as practicable after the election, arrange for Part B to be tested on a particular day (the testing day); and

               (b)    ASADA must give the athlete a notice, in writing, to that effect.

         (4)   However, ASADA must not arrange for Part B of the sample to be tested on a day earlier than the day after the athlete is presumed to have received the notice mentioned in paragraph (3) (b).

         (5)   If the athlete does not elect to have Part B of the sample tested:

                (a)    the athlete is still entitled to make a submission in relation to the testing of Part A of the sample; and

               (b)    the athlete may waive his or her right to make a submission in relation to the testing of Part A of the sample; and

                (c)    ASADA will make a decision under clause 56 whether or not to make an entry on the Register.

52            Submission about Part A of sample

         (1)   This clause applies if ASADA gives an athlete an information notice under subclause 50 (2) and:

                (a)    there is no Part B of the sample; or

               (b)    there is a Part B of the sample and the athlete:

                          (i)    has elected, within 7 days after receiving the notice, not to have Part B of the sample tested; or

                         (ii)    does not make an election within 7 days after receiving the notice.

         (2)   The athlete (or a person on the athlete’s behalf) may, within 7 days after the end of the period mentioned in paragraph 50 (3) (a) (the submission period):

                (a)    give ASADA a submission setting out any information or evidence that may affect the validity of the results of the testing of Part A of the sample; or

               (b)    by giving ASADA a written notice, waive the athlete’s right to make a submission.

         (3)   If the athlete does not give ASADA a written submission or notice within the submission period, the athlete is taken to have waived the athlete’s right to make a submission.

         (4)   Subclause (5) applies if ASADA considers that the athlete is likely to take part in:

                (a)    international sporting competition; or

               (b)    a sporting competition to select people to represent Australia in international sporting competition.

         (5)   Before the end of the submission period, by written notice to the athlete, ASADA may substitute for the period of 7 days a shorter period that it considers appropriate in the circumstances.

         (6)   The submission period is taken to have ended:

                (a)    if, by written notice before the end of the submission period, the athlete waives the athlete’s right to make a submission — when ASADA receives the written notice; or

               (b)    if the athlete gives ASADA a submission before the end of the submission period — when ASADA receives the submission.

Note   Clause 94 provides that when a notice that is given to an athlete it is presumed to have been received.

53            Athlete’s rights if Part B of sample is to be tested

         (1)   This clause applies if ASADA arranges, under subclause 51 (3), for Part B of the athlete’s sample to be tested.

         (2)   The athlete is entitled to be present or represented at the testing of Part B of the sample (including the unsealing of the sample).

         (3)   The testing of Part B of the sample must begin on the testing day mentioned in subclause 51 (3).

         (4)   However, if it is impracticable for the test to be conducted in accordance with subclause (3):

                (a)    the test may be conducted on a later day; and

               (b)    ASADA must give the athlete reasonable notice of where and when the testing will be conducted and allow the athlete to be present.

         (5)   Reasonable notice mentioned in paragraph (4) (b) may be given orally or in writing.

54            Notice of adverse analytical finding — Part B of sample

         (1)   This clause applies if:

                (a)    ASADA arranges, under subclause 51 (3), for Part B of the athlete’s sample to be tested; and

               (b)    the result of the test is an adverse analytical finding.

         (2)   As soon as practicable after becoming aware of the test result, ASADA must give the athlete a written notice stating that:

                (a)    the result of the test is an adverse analytical finding; and

               (b)    if the athlete has any information or evidence that may affect the validity of the results of the testing of either Part A or Part B of the athlete’s sample, the athlete (or a person on the athlete’s behalf) may, within 7 days after receiving the notice:

                          (i)    give a written submission to ASADA setting out the information or evidence; or

                         (ii)    by giving ASADA a written notice, waive the athlete’s right to make a submission.

55            Submission about Part A or Part B of sample

         (1)   If clause 54 applies, the athlete (or a person on the athlete’s behalf) may, within 7 days after receiving the notice mentioned in subclause 54 (2) (the submission period):

                (a)    give a written submission to ASADA setting out the information or evidence; or

               (b)    by giving ASADA a written notice, waive the athlete’s right to make a submission.

         (2)   If the athlete does not give ASADA a written submission or notice within the submission period, the athlete is taken to have waived the athlete’s right to make a submission.

         (3)   Subclause (4) applies if ASADA considers that the athlete is likely to take part in:

                (a)    international sporting competition; or

               (b)    a sporting competition to select people to represent Australia in international sporting competition.

         (4)   Before the end of the submission period, by written notice to the athlete, ASADA may substitute for the period of 7 days a shorter period that it considers appropriate in the circumstances.

         (5)   The submission period is taken to have ended:

                (a)    if, by written notice before the end of the submission period, the athlete waives the athlete’s right to make a submission — when ASADA receives the written notice; or

               (b)    if the athlete gives ASADA a submission before the end of the submission period — when ASADA receives the submission.

Note   Clause 94 provides that when a notice that is given to an athlete it is presumed to have been received.

56            Finding — adverse analytical finding

         (1)   After the submission period, ASADA must, as soon as practicable:

                (a)    consider any submissions made under clauses 52 and 55; and

               (b)    make a decision whether or not to enter a finding on the Register.

         (2)   If ASADA’s decision is to enter a finding on the Register, ASADA must make the entry immediately.

         (3)   ASADA must give the athlete a written notice stating:

                (a)    ASADA’s decision; and

               (b)    if an entry has been made on the Register — details of the entry.

         (4)   A notice under subclause (3) must state that the athlete has the right to have ASADA’s decision reviewed by the Administrative Appeals Tribunal.

57            Request may be made on behalf of ASADA

         (1)   If, in this Part, provision is made for a request to be made to an athlete by ASADA, ASADA may:

                (a)    make the request; or

               (b)    arrange for a sporting administration body to make the request on behalf of ASADA.

         (2)   A request made on behalf of ASADA in accordance with subclause (1) is taken to be a request made by ASADA.

58            Rule: tampering with a sports drug matter — Notice about rights etc

         (1)   This clause applies if ASADA believes that an athlete or support person may have tampered with a sports drug matter.

         (2)   If ASADA believes under subclause (1) that an athlete or support person may have tampered with a sports drug matter ASADA must, as soon as practicable, give the athlete or support person a written notice stating that:

                (a)    ASADA proposes to make a finding to that effect, and to enter the finding on the Register; and

               (b)    that the athlete or support person (or a person on behalf of the athlete or support person) may, within 7 days after receiving the notice:

                          (i)    give a written submission to ASADA setting out any reasonable cause for the conduct of the athlete or support person; or

                         (ii)    by giving a written notice to ASADA, waive the athlete’s right to make a submission.

Note   Clause 73 provides that an athlete or support person who attempts to tamper with a sports drug matter may be dealt with under clause 58.

59            Submission about tampering with a sports drug matter

         (1)   If ASADA gives an athlete or support person a notice under clause 58, the athlete or support person (or a person on behalf of the athlete or support person) may, within 7 days after receiving the notice (the submission period):

                (a)    give a written submission to ASADA setting out any reasonable cause for tampering with the sports drug matter; or

               (b)    by giving a written notice to ASADA, waive the right of the athlete or support person to make a submission.

         (2)   If the athlete or support person does not give ASADA a written submission or notice within the submission period, the athlete or support person is taken to have waived the right of the athlete or support person to make a submission.

         (3)   Subclause (4) applies if ASADA considers that the athlete or support person is likely to take part in:

                (a)    an international sporting competition; or

               (b)    a sporting competition to select people to represent Australia in an international sporting competition.

         (4)   Before the end of the submission period, ASADA may, by written notice to the athlete or support person, substitute for the period of 7 days mentioned in subclause (1) a shorter period that it considers appropriate in the circumstances.

         (5)   The submission period is taken to have ended:

                (a)    if, by written notice before the end of the submission period, the athlete or support person waives the right of the athlete or support person to make a submission — when ASADA receives the written notice; or

               (b)    if the athlete or support person gives ASADA a submission before the end of the submission period — when ASADA receives the submission.

Note   Clause 94 provides that when a notice that is given to an athlete or support person it is presumed to have been received.

60            Finding — tampering with a sports drug matter

         (1)   After the submission period, ASADA must, as soon as practicable:

                (a)    consider any submissions made under clause 59; and

               (b)    make a decision whether or not to enter a finding on the Register.

         (2)   If ASADA’s decision is to enter a finding on the Register, ASADA must make the entry immediately.

         (3)   ASADA must give the athlete or support person a written notice stating:

                (a)    ASADA’s decision; and

               (b)    if an entry has been made on the Register — details of the entry.

         (4)   A notice under subclause (3) must state that the athlete or support person has the right to have ASADA’s decision reviewed by the Administrative Appeals Tribunal.

61            Rule: use of a drug or doping method — notice about athletes’ rights etc

         (1)   This clause applies if ASADA believes that an athlete may have used a drug or a doping method.

         (2)   If ASADA believes under subclause (1) that an athlete may have used a drug or a doping method ASADA must, as soon as practicable, give the athlete a written notice stating that:

                (a)    ASADA proposes to make a finding to that effect, and to enter the finding on the Register; and

               (b)    that the athlete (or a person on behalf of the athlete) may, within 7 days after receiving the notice:

                          (i)    give a written submission to ASADA setting out any reasonable cause for the conduct of the athlete; or

                         (ii)    by giving a written notice to ASADA, waive the athlete’s right to make a submission.

Note   Clause 73 provides that an athlete who attempts to use a drug or doping method may be dealt with under clause 61.

62            Submission about use of a drug or doping method

         (1)   If ASADA gives an athlete a notice under clause 61, the athlete (or a person on the athlete’s behalf) may, within 7 days after receiving the notice (the submission period):

                (a)    give a written submission to ASADA setting out any reasonable cause for using a drug or doping method; or

               (b)    by giving a written notice to ASADA, waive the athlete’s right to make a submission.

         (2)   If the athlete does not give ASADA a written submission or notice within the submission period, the athlete is taken to have waived the athlete’s right to make a submission.

         (3)   Subclause (4) applies if ASADA considers that the athlete is likely to take part in:

                (a)    an international sporting competition; or

               (b)    a sporting competition to select people to represent Australia in an international sporting competition.

         (4)   Before the end of the submission period, ASADA may, by written notice to the athlete, substitute for the period of 7 days mentioned in subclause (1) a shorter period that it considers appropriate in the circumstances.

         (5)   The submission period is taken to have ended:

                (a)    if, by written notice before the end of the submission period, the athlete waives the athlete’s right to make a submission — when ASADA receives the written notice; or

               (b)    if the athlete gives ASADA a submission before the end of the submission period — when ASADA receives the submission.

Note   Clause 94 provides that when a notice that is given to an athlete it is presumed to have been received.

63            Finding — use of a drug or doping method

         (1)   After the submission period, ASADA must, as soon as practicable:

                (a)    consider any submissions made under clause 62; and

               (b)    make a decision whether or not to enter a finding on the Register.

         (2)   If ASADA’s decision is to enter a finding on the Register, ASADA must make the entry immediately.

         (3)   ASADA must give the athlete a written notice stating:

                (a)    ASADA’s decision; and

               (b)    if an entry has been made on the Register — details of the entry.

         (4)   A notice under subclause (3) must state that the athlete has the right to have ASADA’s decision reviewed by the Administrative Appeals Tribunal.

64            Rule: trafficking in a drug or doping method — notice about rights etc

         (1)   This clause applies if ASADA believes that an athlete or support person may have trafficked in a drug or a doping method.

         (2)   If ASADA believes under subclause (1) that an athlete or support person may have trafficked in a drug or doping method ASADA must, as soon as practicable, give the athlete or support person a written notice stating that:

                (a)    ASADA proposes to make a finding to that effect, and to enter the finding on the Register; and

               (b)    that the athlete or support person (or a person on behalf of the athlete or support person) may, within 7 days after receiving the notice:

                          (i)    give a written submission to ASADA setting out any reasonable cause for the conduct of the athlete or support person; or

                         (ii)    by giving a written notice to ASADA, waive the athlete’s right to make a submission.

65            Submission about trafficking in a drug or doping method

         (1)   If ASADA gives an athlete or support person a notice under clause 64, the athlete or support person (or a person on behalf of the athlete or support person) may, within 7 days after receiving the notice (the submission period):

                (a)    give a written submission to ASADA setting out any reasonable cause for the conduct of the athlete or support person; or

               (b)    by giving a written notice to ASADA, waive the right of the athlete or support person to make a submission.

         (2)   If the athlete or support person does not give ASADA a written submission or notice within the submission period, the athlete or support person is taken to have waived the right of the athlete or support person to make a submission.

         (3)   Subclause (4) applies if ASADA considers that the athlete or support person is likely to take part in:

                (a)    an international sporting competition; or

               (b)    a sporting competition to select people to represent Australia in an international sporting competition.

         (4)   Before the end of the submission period, ASADA may, by written notice to the athlete or support person, substitute for the period of 7 days mentioned in subclause (1) a shorter period that it considers appropriate in the circumstances.

         (5)   The submission period is taken to have ended:

                (a)    if, by written notice before the end of the submission period, the athlete or support person waives the right of the athlete or support person to make a submission — when ASADA receives the written notice; or

               (b)    if the athlete or support person gives ASADA a submission before the end of the submission period — when ASADA receives the submission.

Note   Clause 94 provides that when a notice that is given to an athlete or support person it is presumed to have been received.

66            Finding — trafficking in a drug or doping method

         (1)   After the submission period, ASADA must, as soon as practicable:

                (a)    consider any submissions made under clause 65; and

               (b)    make a decision whether or not to enter a finding on the Register.

         (2)   If ASADA’s decision is to enter a finding on the Register, ASADA must make the entry immediately.

         (3)   ASADA must give the athlete or support person a written notice stating:

                (a)    ASADA’s decision; and

               (b)    if an entry has been made on the Register — details of the entry.

         (4)   A notice under subclause (3) must state that the athlete or support person has the right to have ASADA’s decision reviewed by the Administrative Appeals Tribunal.

67            Rule: possession of a drug or doping method — notice about rights etc

         (1)   This clause applies if ASADA believes that an athlete or support person may have possessed a drug or a doping method.

         (2)   If ASADA believes under subclause (1) that an athlete or support person may have possessed a drug or doping method ASADA must, as soon as practicable, give the athlete or support person a written notice stating that:

                (a)    ASADA proposes to make a finding to that effect, and to enter the finding on the Register; and

               (b)    that the athlete or support person (or a person on behalf of the athlete or support person) may, within 7 days after receiving the notice:

                          (i)    give a written submission to ASADA setting out any reasonable cause for the conduct of the athlete or support person; or

                         (ii)    by giving a written notice to ASADA, waive the athlete’s right to make a submission.

68            Submission about possession of a drug or doping method

         (1)   If ASADA gives an athlete or support person a notice under clause 67, the athlete or support person (or a person on the behalf of the athlete or support person) may, within 7 days after receiving the notice (the submission period):

                (a)    give a written submission to ASADA setting out any reasonable cause for possessing a drug or doping method; or

               (b)    by giving a written notice to ASADA, waive the right of the athlete or support person to make a submission.

         (2)   If the athlete or support person does not give ASADA a written submission or notice within the submission period, the athlete or support person is taken to have waived the right of the athlete or support person to make a submission.

         (3)   Subclause (4) applies if ASADA considers that the athlete or support person is likely to take part in:

                (a)    an international sporting competition; or

               (b)    a sporting competition to select people to represent Australia in an international sporting competition.

         (4)   Before the end of the submission period, ASADA may, by written notice to the athlete or support person, substitute for the period of 7 days mentioned in subclause (1) a shorter period that it considers appropriate in the circumstances.

         (5)   The submission period is taken to have ended:

                (a)    if, by written notice before the end of the submission period, the athlete or support person waives the right of the athlete or support person to make a submission — when ASADA receives the written notice; or

               (b)    if the athlete or support person gives ASADA a submission before the end of the submission period — when ASADA receives the submission.

Note   Clause 94 provides that when a notice that is given to an athlete or support person it is presumed to have been received.

69            Finding — possession of a drug or doping method

         (1)   After the submission period, ASADA must, as soon as practicable:

                (a)    consider any submissions made under clause 68; and

               (b)    make a decision whether or not to enter a finding on the Register.

         (2)   If ASADA’s decision is to enter a finding on the Register, ASADA must make the entry immediately.

         (3)   ASADA must give the athlete or support person a written notice stating:

                (a)    ASADA’s decision; and

               (b)    if an entry has been made on the Register — details of the entry.

         (4)   A notice under subclause (3) must state that the athlete or support person has the right to have ASADA’s decision reviewed by the Administrative Appeals Tribunal.

70            Rule: administration of a drug or doping method, or aiding or abetting — notice about rights etc

         (1)   This clause applies if ASADA believes that an athlete or support person may have:

                (a)    administered a drug or a doping method; or

               (b)    aided or abetted a violation of any of the anti-doping rules.

Note 1   The provisions of the Code relating to administration and aiding or abetting are located together, so it is convenient that ASADA deal with them in like manner.

Note 2   Clause 74 relates to aiding and abetting violations of the anti-doping rules.

         (2)   If ASADA believes under subclause (1) that an athlete or support person may have:

                (a)    administered a drug or a doping method; or

               (b)    aided or abetted a violation of any of the anti-doping rules;

ASADA must, as soon as practicable, give the athlete or support person a written notice stating that:

                (c)    ASADA proposes to make a finding to that effect, and to enter the finding on the Register; and

               (d)    that the athlete or support person (or a person on behalf of the athlete or support person) may, within 7 days after receiving the notice:

                          (i)    give a written submission to ASADA setting out any reasonable cause for the conduct of the athlete or support person; or

                         (ii)    by giving a written notice to ASADA, waive the athlete’s right to make a submission.

Note   Clause 73 provides that an athlete or support person who attempts to administer a drug or doping method may be dealt with under clause 70.

71            Submission about administration of a drug or doping method, or aiding or abetting

         (1)   If ASADA gives an athlete or support person a notice under clause 70, the athlete or support person (or a person on behalf of the athlete or support person) may, within 7 days after receiving the notice (the submission period):

                (a)    give a written submission to ASADA setting out any reasonable cause for the conduct of the athlete or support person; or

               (b)    by giving a written notice to ASADA, waive the right of the athlete or support person to make a submission.

         (2)   If the athlete or support person does not give ASADA a written submission or notice within the submission period, the athlete or support person is taken to have waived the right of the athlete or support person to make a submission.

         (3)   Subclause (4) applies if ASADA considers that the athlete or support person is likely to take part in:

                (a)    an international sporting competition; or

               (b)    a sporting competition to select people to represent Australia in an international sporting competition.

         (4)   Before the end of the submission period, ASADA may, by written notice to the athlete or support person, substitute for the period of 7 days mentioned in subclause (1) a shorter period that it considers appropriate in the circumstances.

         (5)   The submission period is taken to have ended:

                (a)    if, by written notice before the end of the submission period, the athlete or support person waives the right of the athlete or support person to make a submission — when ASADA receives the written notice; or

               (b)    if the athlete or support person gives ASADA a submission before the end of the submission period — when ASADA receives the submission.

Note   Clause 94 provides that when a notice that is given to an athlete or support person it is presumed to have been received.

72            Finding — administration of a drug or doping method, or aiding or abetting

         (1)   After the submission period, ASADA must, as soon as practicable:

                (a)    consider any submissions made under clause 71; and

               (b)    make a decision whether or not to enter a finding on the Register.

         (2)   If ASADA’s decision is to enter a finding on the Register, ASADA must make the entry immediately.

         (3)   ASADA must give the athlete or support person a written notice stating:

                (a)    ASADA’s decision; and

               (b)    if an entry has been made on the Register — details of the entry.

         (4)   A notice under subclause (3) must state that the athlete or support person has the right to have ASADA’s decision reviewed by the Administrative Appeals Tribunal.

Subdivision 2.6.2        Attempts and aiding and abetting violations of the anti-doping rules

73            Attempted violations of certain anti-doping rules

         (1)   This clause applies to an attempted violation of any of the following anti-doping rules mentioned in subclause 1 (2):

 

Clause

Anti-doping rule

paragraph 1 (2) (c)

Evasion of request by ASADA for a sample

paragraph 1 (2) (e)

Tampering with a sports drug matter

paragraph 1 (2) (f)

Use of a drug or doping method

subparagraph 1 (2) (i) (i)

Administration of a drug or doping method

         (2)   An athlete who attempts a violation of any of the anti-doping rules mentioned in subclause (1) must be dealt with by ASADA, under the anti-doping rule, as if the athlete had violated the anti-doping rule.

         (3)   A support person who attempts a violation of any of the anti-doping rules mentioned in clause 58 (tampering) or 70 (administration) must be dealt with by ASADA, under the anti-doping rule, as if the support person had violated the anti-doping rule.

Preparatory acts not an attempt

         (4)   Conduct of an athlete or support person that is not more than merely preparatory to violation of an anti-doping rule is not an attempt to violate the rule.

         (5)   An athlete or support person may be found to have attempted to violate an anti-doping rule even if:

                (a)    it was impossible for the conduct to have violated the anti-doping rule; or

               (b)    the person actually violated the anti-doping rule.

74            Aiding and abetting violations of anti-doping rules

         (1)   An athlete or support person who aids, abets, counsels or procures (aiding or abetting) a violation of any of the anti-doping rules mentioned in subclause 1 (2) must be dealt with by ASADA under clause 70.

         (2)   For the athlete or support person to be taken under this clause to have aided or abetted:

                (a)    the conduct of the athlete or support person must have in fact aided or abetted a violation of the anti-doping rule by another athlete or support person; and

               (b)    the anti-doping rule must have been violated by the other athlete or support person.

         (3)   For the athlete or support person to be taken under this clause to have aided or abetted the violation of an anti-doping rule, the athlete or support person:

                (a)    must have intended that his or her conduct would aid or abet the violation of the anti-doping rule; or

               (b)    was reckless about whether or not his or her conduct would aid or abet the violation of the anti-doping rule.

         (4)   An athlete or support person does not aid or abet the violation of an anti-doping rule if, before the violation, the athlete or support person:

                (a)    terminated his or her involvement; and

               (b)    took all reasonable steps to prevent the violation.

         (5)   A person may be found to have aided or abetted a violation of an anti-doping rule by another person even if, in relation to the violation, the other person has not:

                (a)    received a notice under Subdivision 2.6.1 that ASADA proposes to make a finding in relation to the person; or

               (b)    had a finding entered on the Register.

Division 2.7           Other rights of athletes and support persons

75            Application of Division

                This Division applies in relation to an athlete or support person if ASADA:

                (a)    has entered information about an athlete or support person on the Register; or

               (b)    has made recommendations as to the consequences of a finding relating to an investigation.

76            Notice about entry on Register etc

         (1)   As soon as practicable after making the entry or recommendations, ASADA must give the athlete or support person written notice about the making of the entry or recommendations.

         (2)   The notice must state the name of each person or organisation to which ASADA has given, or proposes to give, notice.

Note 1   Clause 81 provides that the athlete or support person may apply to the Administrative Appeals Tribunal for review of a decision of ASADA to make the entry.

Note 2   Under clause 82, ASADA must give written notice about an entry or recommendations to:

(a)        each relevant national sporting organisation in relation to the athlete; and

(b)        each relevant sporting organisation (if any) in relation to the athlete; and

(c)        each relevant government agency in relation to the athlete; and

(d)        WADA.

77            Athlete or support person may waive rights

                Subject to subsection 14 (5) of the Act, an athlete or support person may waive his or her rights:

                (a)    by written notice; or

               (b)    unless the NAD scheme states that the waiver must be by written notice — orally.

Note   Subsection 14 (5) of the Act provides that the NAD scheme must not allow waiver of a right to apply to a court, tribunal or other body or person for review of a decision under the scheme.

Division 2.8           Register of Findings

78            Establishment and maintenance of Register of Findings

                For paragraph 13 (1) (i) of the Act, ASADA must establish and maintain a Register of Findings (Register) for the purpose of recording findings ASADA relating to investigations of possible violations of the anti-doping rules.

Note   ASADA will promote the Register as the RoF.

79            Entries about findings

                This Division applies if ASADA has made a finding on the Register in relation to an athlete or support person concerning the anti-doping rules.

80            Entry of finding on Register

                As soon as practicable after making the finding, ASADA must enter on the Register:

                (a)    the name of the athlete or support person; and

               (b)    any information about the athlete or support person that the NAD scheme requires ASADA to enter in the circumstances.

Note 1   For the meaning of fails to comply with a request, see clause 7.

Note 2   Under clause 76, ASADA must give an athlete whose name and details have been entered on the Register written notice that the entry has been made.

81            AAT Review

                If ASADA decides to make an entry of a finding on the Register in relation to an athlete or support person, ASADA must give the athlete or support person a written notice stating that the athlete or support person may, within 28 days, apply to the Administrative Appeals Tribunal for review of ASADA’s decision.

82            Giving notice about entries and recommendations

         (1)   This clause applies if ASADA:

                (a)    has entered information about an athlete or support person on the Register; or

               (b)    has made recommendations as to the consequences of a finding relating to an investigation of a possible breach of the anti-doping rules.

         (2)   Within a reasonable time after entering the information or making the recommendation, ASADA must give written notice about the entry or recommendation to:

                (a)    each relevant national sporting organisation in relation to the athlete or support person; and

               (b)    each relevant sporting organisation (if any) in relation to the athlete or support person; and

                (c)    each relevant government agency in relation to the athlete or support person; and

               (d)    WADA;

                (e)    if ASADA makes an entry on the Register about an athlete or support person, concerning tampering with a sports drug matter, each relevant national sporting organisation and each relevant sporting organisation in relation to any other athlete or support person whose interests may be affected by the conduct of the athlete or support person.

         (3)   The notice must include details of the entry.

Note   Government agency, Relevant national sporting organisation and relevant sporting organisation are defined in clause 3.

         (4)   However, if the notice or details contains information that is not in the public domain (non-public information), ASADA must not give the information to a particular sporting administration body unless:

                (a)    ASADA has taken reasonable steps to satisfy itself that the non-public information will not be used or disclosed by the body in a way that would be unfairly prejudicial to the interests of the athlete or support person, including taking reasonable steps to satisfy itself that the non-public information is provided in confidence; and

               (b)    the organisation mentioned in subclause (2) provides a written undertaking that the non-public information will be treated in confidence.

         (5)   If ASADA becomes aware that an undertaking given under subclause (4) has been breached, ASADA must report details of the breach to the ASC.

Note   Disclosure of information: The following clauses in this Schedule provide for the disclosure of information to persons other than an athlete or support person:

·      Clause 82 provides for ASADA to disclose information to a sporting administration body about the issue of a notice of an entry on the Register;

·      Clause 83 provides for ASADA to disclose information arising from an entry on the Register to a sporting administration body;

·      Clause 84 provides for ASADA to disclose information to a sporting administration body, where no entry has yet been made on the Register;

·      Subclause 92 (5) provides for ASDMAC to disclose information to a sporting administration body concerning an entry on the Register, or a test of a sample given by an athlete;

·      Clause 95 provides for ASADA to disclose information, other than information arising from an entry, to a sporting administration body, the Australian Federal Police or the Australian Customs Service.

In addition, regulation 5 provides for ASADA to disclose information to a sporting administration body for the purposes of drug testing programs.

83            Giving information relating to entries to sporting administration bodies

         (1)   ASADA may give information arising out of or connected with the entry of the name of an athlete or support person on the Register to 1, or more than 1, sporting administration body, in relation to an ASADA finding resulting from an investigation that:

                (a)    the athlete failed to comply with a request by ASADA to keep ASADA informed of where the athlete can be found, in violation of the anti-doping rules; or

               (b)    the athlete was not able to be located in order to request a sample, because the athlete failed to comply with a request to keep ASADA informed of where the athlete could be found, in violation of the anti-doping rules; or

                (c)    the athlete has evaded, or attempted to evade, receiving a request by ASADA for a sample, in violation of the anti-doping rules; or

               (d)    the athlete has failed to comply with a request by ASADA for a sample, in violation of the anti-doping rules; or

                (e)    the athlete or support person has tampered, or attempted to tamper, with a sports drug matter to which a request by ASADA relates, in violation of the anti-doping rules; or

                (f)    the athlete has used, or attempted to use, a drug or doping method in violation of the anti-doping rules; or

                (g)    the athlete or support person has trafficked in a drug or doping method in violation of the anti-doping rules; or

                (h)    the athlete or support person has possessed a drug or doping method in violation of the anti-doping rules; or

                 (i)    the athlete or support person has administered, or attempted to administer, a drug or doping method in violation of the anti-doping rules; or

                (j)    the athlete or support person aided or abetted an violation of the anti-doping rules; or

               (k)    the athlete had present, in his or her urine sample or blood sample, a drug or doping method mentioned in the prohibited list.

         (2)   Any information given under subclause (1) may be given orally or by written notice.

         (3)   However, if the information to be given under subclause (1) is not in the public domain (non-public information), ASADA must not give the information to a particular sporting administration body unless:

                (a)    ASADA has taken reasonable steps to satisfy itself that the non-public information will not be used or disclosed by the body in a way that would be unfairly prejudicial to the interests of the athlete or support person, including taking reasonable steps to satisfy itself that the non-public information is provided in confidence; and

               (b)    the sporting administration body provides a written undertaking that the non-public information will be treated in confidence.

         (4)   If ASADA becomes aware that an undertaking given under subclause (3) has been breached, ASADA must report details of the breach to the ASC.

Note   Disclosure of information: The following clauses in this Schedule provide for the disclosure of information to persons other than an athlete or support person:

·      Clause 82 provides for ASADA to disclose information to a sporting administration body about the issue of a notice of an entry on the Register;

·      Clause 83 provides for ASADA to disclose information arising from an entry on the Register to a sporting administration body;

·      Clause 84 provides for ASADA to disclose information to a sporting administration body, where no entry has yet been made on the Register;

·      Subclause 92 (5) provides for ASDMAC to disclose information to a sporting administration body concerning an entry on the Register, or a test of a sample given by an athlete;

·      Clause 95 provides for ASADA to disclose information, other than information arising from an entry, to a sporting administration body, the Australian Federal Police or the Australian Customs Service.

In addition, regulation 5 provides for ASADA to disclose information to a sporting administration body for the purposes of drug testing programs.

84            Giving information to sporting administration bodies if no entry made, or yet made, on register

         (1)   This clause applies if ASADA:

                (a)    is considering whether to enter information relating to an athlete or support person on the Register under this Division; and

               (b)    has not yet entered the information.

         (2)   ASADA may give the information to 1, or more than 1, sporting administration body.

         (3)   Any information given under subclause (2) may be given orally or by written notice.

         (4)   However, ASADA must not give the information to a particular sporting administration body unless:

                (a)    ASADA has taken reasonable steps to satisfy itself that the information will not be used or disclosed by the body in a way that would be unfairly prejudicial to the interests of the athlete or support person, including taking reasonable steps to satisfy itself that the information is provided in confidence; and

               (b)    the sporting administration body has provided a written undertaking that the information will be treated in confidence.

         (5)   If ASADA becomes aware that an undertaking given under subclause (4) has been breached, ASADA must report details of the breach to the ASC.

Note   Disclosure of information: The following clauses in this Schedule provide for the disclosure of information to persons other than an athlete or support person:

·      Clause 82 provides for ASADA to disclose information to a sporting administration body about the issue of a notice of an entry on the Register;

·      Clause 83 provides for ASADA to disclose information arising from an entry on the Register to a sporting administration body;

·      Clause 84 provides for ASADA to disclose information to a sporting administration body, where no entry has yet been made on the Register;

·      Subclause 92 (5) provides for ASDMAC to disclose information to a sporting administration body concerning an entry on the Register, or a test of a sample given by an athlete;

·      Clause 95 provides for ASADA to disclose information, other than information arising from an entry, to a sporting administration body, the Australian Federal Police or the Australian Customs Service.

In addition, regulation 5 provides for ASADA to disclose information to a sporting administration body for the purposes of drug testing programs.

85            Removal of names from Register — athlete or support person under 18

         (1)   This clause applies if:

                (a)    the name and information about an athlete or support person (relevant personal information) have been entered on the Register; and

               (b)    when the event that caused the entry to be made happened, the athlete or support person was under 18.

         (2)   If ASADA receives written notice from a relevant sporting administration body that the athlete or support person is not prevented from taking part, or has not become ineligible to take part, in sporting competition for a period as a direct or indirect result of the entry being made, ASADA must remove the relevant personal information from the Register as soon as practicable.

         (3)   If, as a direct or indirect result of the entry being made, the athlete or support person is prevented from taking part, or becomes ineligible to take part, in sporting competition for a period (the suspension period) ASADA must remove the relevant personal information from the Register as soon as practicable after the end of the suspension period.

         (4)   However, subclause (5) applies if, for a period (the disqualification period) that ends after the suspension period, the ASC has disqualified the athlete or support person from:

                (a)    receiving funding from the ASC; or

               (b)    using facilities that:

                          (i)    are fully or partly provided by the ASC; or

                         (ii)    are fully or partly operated or maintained with funding received from the ASC.

         (5)   As soon as practicable after the end of the disqualification period, ASADA must remove the relevant personal information from the Register.

86            Removal of names from Register — person not an athlete or support person

         (1)   This clause applies if ASADA has entered a person’s name and any other personal information about the person on the Register.

         (2)   For subclause (1), ASADA must remove those details from the Register if, after the entry has been made, ASADA becomes satisfied that at the time to which the entry relates the person was not an athlete or support person.

87            Correction of error in Register

         (1)   This clause applies if:

                (a)    ASADA becomes aware that the Register contains an error because of a mistake, an omission, or a false entry in the Register; and

               (b)    ASADA is satisfied that:

                          (i)    the error can be corrected; and

                         (ii)    the error lies in the entry as it appears in the Register and not in the information on which the entry was based.

         (2)   ASADA must correct the error as soon as possible.

88            Amendment of entry in Register

         (1)   This clause applies if:

                (a)    ASADA becomes aware that the Register contains an entry:

                          (i)    that is incomplete; or

                         (ii)    about which further relevant information has become available; and

               (b)    ASADA is satisfied that information can be added to the entry.

Note   Further information may arise as a result of (for example) AAT Review.

         (2)   ASADA must amend the entry as soon as possible.

89            Register — Notice of correction, amendment or removal

                As soon as practicable after ASADA corrects, amends or removes information about an athlete or support person in the Register, ASADA must give a written notice to any person to whom ASADA has given notice about the entry stating that the information has been corrected or amended.

Division 2.9           Disclosure of information under the NAD scheme

Note   Disclosure of information: The following clauses in this Schedule provide for the disclosure of information to persons other than an athlete or support person:

·      Clause 82 provides for ASADA to disclose information to a sporting administration body about the issue of a notice of an entry on the Register;

·      Clause 83 provides for ASADA to disclose information arising from an entry on the Register to a sporting administration body;

·      Clause 84 provides for ASADA to disclose information to a sporting administration body, where no entry has yet been made on the Register;

·      Subclause 92 (5) provides for ASDMAC to disclose information to a sporting administration body concerning an entry on the Register, or a test of a sample given by an athlete;

·      Clause 95 provides for ASADA to disclose information, other than information arising from an entry, to a sporting administration body, the Australian Federal Police or the Australian Customs Service.

In addition, regulation 5 provides for ASADA to disclose information to a sporting administration body for the purposes of drug testing programs.

90            Making information on an entry publicly available

         (1)   For paragraph 13 (1) (m) of the Act ASADA is authorised to publish information on the Register, only if:

                (a)    ASADA:

                          (i)    considers the publication to be in the public interest; or

                         (ii)    has received the consent to the publication by the athlete or support person to whom the information relates; and

               (b)    either:

                          (i)    a decision has been handed down for a hearing process conducted in accordance with Article 8 of the World Anti-Doping Code, in relation to the finding concerning the information, by

                                   (A)     the relevant sporting administration body; or

                                   (B)     the Court of Arbitration for Sport; or

                         (ii)    the athlete or support person has waived his or her right to a hearing; and

                (c)    if the athlete or support person elected to have the decision to make the entry reviewed by the AAT:

                          (i)    for information for which the AAT has granted an order under subsection 35 (2) of the Administrative Appeals Tribunal Act 1975 — the review process has been finally determined; or

                         (ii)    the AAT has not granted an order under subsection 35 (2) of the Administrative Appeals Tribunal Act 1975.

Note   In accordance with the definition of World Anti-Doping Code in subsection 4 (1) of the Act, the reference in subparagraph (b) (i) to the Code is a reference to the Code as in force from time to time.

         (2)   For subclause (1), ASADA may determine:

                (a)    the way in which the information is to be made publicly available; and

               (b)    the times at which the information is to be made publicly available.

91            Presentation at hearings etc

         (1)   For paragraph 13 (1) (k) of the Act ASADA is authorised to present:

                (a)    a finding on the Register; or

               (b)    a recommendation by ASADA in relation to a finding;

at a hearing of the Court of Arbitration for Sport or another sporting tribunal.

         (2)   A finding or recommendation mentioned in subclause (1) may be presented by ASADA:

                (a)    at the request of a sporting administration body; or

               (b)    on ASADA’s own initiative.


 

Part 3          ASDMAC functions

92            Functions of ASDMAC

         (1)   The ASDMAC may investigate an adverse analytical finding for a sample given by an athlete to find out whether the result was caused by naturally occurring levels of the substance concerned.

Note 1   A TUE committee also has the power to investigate an adverse analytical finding for the same purpose (see subclause 32 (1)).

Note 2   ASDMAC is the primary committee in Australia for the granting of therapeutic use exemptions.

Note 3   ASDMAC will usually conduct investigations in connection with its primary function of giving approval for the therapeutic use of a drug or doping method — see subclause (2).

         (2)   The ASDMAC may give an athlete approval, in accordance with the International Standard for Therapeutic Use Exemptions as amended and in force from time to time, to use a drug or doping method for therapeutic purposes.

         (3)   If an athlete has an approval for the use of a drug for therapeutic purposes, the ASDMAC may investigate the sample analysis result for a sample given by the athlete to find out whether the athlete has complied with the conditions of the approval.

Note   A TUE committee also has the power to investigate the sample analysis result for the same purpose (see subclause 32 (3)).

         (4)   The ASDMAC may disclose to an athlete or support person:

                (a)    information arising out of the entry of the name of the athlete or support person on the Register; or

               (b)    information about a test on a sample given by the athlete:

                          (i)    carried out by a sporting administration body other than at the request of ASADA; and

                         (ii)    that has revealed the presence or use of a drug or doping method.

         (5)   The ASDMAC may disclose to any relevant sporting administration body:

                (a)    information arising out of the entry of name of an athlete or support person on the Register; or

               (b)    information about a test on an athlete’s sample:

                          (i)    carried out by a sporting administration body other than at the request of ASADA; and

                         (ii)    that has revealed the presence or use of a drug or doping method.

Note   Disclosure of information: The following clauses in this Schedule provide for the disclosure of information to persons other than an athlete or support person:

·      Clause 82 provides for ASADA to disclose information to a sporting administration body about the issue of a notice of an entry on the Register;

·      Clause 83 provides for ASADA to disclose information arising from an entry on the Register to a sporting administration body;

·      Clause 84 provides for ASADA to disclose information to a sporting administration body, where no entry has yet been made on the Register;

·      Subclause 92 (5) provides for ASDMAC to disclose information to a sporting administration body concerning an entry on the Register, or a test of a sample given by an athlete;

·      Clause 95 provides for ASADA to disclose information, other than information arising from an entry, to a sporting administration body, the Australian Federal Police or the Australian Customs Service.

In addition, regulation 5 provides for ASADA to disclose information to a sporting administration body for the purposes of drug testing programs.

         (6)   If ASADA asks the ASDMAC to review the procedures adopted by a sporting administration body for approving the use of a drug or doping method for therapeutic purposes, the ASDMAC may do so.

         (7)   If ASADA consults with the ASDMAC in relation to whether an approval for the use of a drug for therapeutic purposes was given:

                (a)    by ASDMAC; or

               (b)    by a TUE committee; or

                (c)    as a result a decision by WADA following a review or appeal;

the ASDMAC may investigate the approval and give its opinion to ASADA.

         (8)   The ASDMAC may participate in a review or an appeal that is related directly or indirectly to a decision made by the ASDMAC:

                (a)    to approve the use of a drug for therapeutic purposes; or

               (b)    to refuse to approve the use of a drug for therapeutic purposes.

         (9)   The ASDMAC may give information to a sporting administration body that:

                (a)    is related to a drug testing program; and

               (b)    is related directly or indirectly to a decision made by the ASDMAC:

                          (i)    to approve the use of a drug for therapeutic purposes; or

                         (ii)    to refuse to approve the use of a drug for therapeutic purposes.

       (10)   However, the ASDMAC must not give information under subclause (9) unless the ASDMAC has taken reasonable steps to satisfy itself that the information disclosed will not be used or disclosed for other purposes.

Note   For other functions of the ASDMAC, see Part 7 of the Act.


 

Part 4          Sporting administration body rules

93            Sporting administration body rules — powers of ASADA

         (1)   For subsection 15 (1) of the Act, the sporting administration body rules mentioned below apply to all sporting administration bodies.

         (2)   ASADA is authorised to:

                (a)    monitor the compliance by sporting administration bodies with the sporting administration body rules; and

               (b)    notify the ASC about the extent of such compliance by sporting administration bodies other than the ASC; and

                (c)    publish reports about the extent of compliance by sporting administration bodies with the sporting administration body rules.

Note   sporting administration body is defined in clause 3.

Sporting administration body rules

      1.       A sporting administration body must:

                (a)    at all times have in place, maintain and enforce anti-doping policies and practices:

                          (i)    that were in force immediately before the commencement of the NAD scheme; or

                         (ii)    that comply with:

                                   (A)     the mandatory provisions of the World Anti-Doping Code, including the World Anti-Doping Agency International Standards; and

                                   (B)     the NAD Scheme; and

               (b)    not adopt its anti-doping policy unless it has been approved by the ASADA; and

                (c)    not substantively amend its anti-doping policy unless the amendment has been approved by the ASADA; and

               (d)    ensure that at all times it has the constitutional authority to enforce its anti-doping policy; and

                (e)    immediately inform the ASADA of any alleged breach of its anti-doping policy and cooperate with any investigation into the matter; and

                (f)    organise (not necessarily conduct) a hearing within 4 weeks of receipt of notice of a violation of the anti-doping rules unless the rules governing the hearing prescribe a longer period; and

                (g)    provide to the ASADA appropriate details or reports related to investigations, hearings, appeals and sanctions; and

                (h)    provide ASADA and the ASC with relevant information in a timely manner, including sporting administration body and International Federation anti-doping policies, policy amendments, policy endorsement and implementation date, athlete whereabouts information and athlete education; and

                 (i)    ensure that other rules and regulations of the sport do not override the provisions of its anti-doping policy; and

                (j)    abide by, implement and enforce its anti-doping policy to the satisfaction of the ASADA; and

               (k)    submit to the operations of ASADA; and

                 (l)    refer all instances of possible violations of the anti-doping rules to ASADA for investigation and cooperate with any investigation, as required; and

               (m)    allow ASADA to present anti-doping cases at hearings unless ASADA has approved the sporting administration body presenting its own case; and

                (n)    accept any finding by ASADA, ensure an infraction notice is issued in accordance with ASADA’s recommendations in the case of any adverse finding, and enforce penalties imposed in accordance with ASADA’s recommendation; and

               (o)    ensure that their members and staff cooperate with ASADA; and

               (p)    provide ASADA with relevant information in a timely manner, and

               (q)    comply with any other conditions relating to anti-doping and notified to it by the ASC that the ASC is required by legislation or by ASADA to require from sporting organisations to which the ASC provides funding, services and support.


 

Part 5          Miscellaneous

94            When notices are presumed to have been received

         (1)   This clause applies if ASADA sends a notice to an athlete or support person for the NAD scheme.

         (2)   The athlete or support person is presumed to have received the notice (unless ASADA is given evidence sufficient to raise doubt about the presumption):

                (a)    if the notice is delivered personally to the athlete or support person — on the day when it is delivered; and

               (b)    if the notice is sent by means of a courier service, to the athlete or support person at the address of the place of residence of the athlete or support person last known to ASADA, being a place of residence in Australia — 3 days after the date it is sent; and

                (c)    if the notice is sent by post, or by means of a courier service, to the athlete at the address of the place of residence of the athlete or support person last known to ASADA, being a place of residence outside Australia — 10 days after the date it is sent; and

               (d)    if the athlete or support person has notified ASADA of a number to which notices may be sent to the athlete or support person by facsimile and the notice is sent to that number — the day it is sent; and

                (e)    if the notice is sent to the electronic mail address (if any) of the athlete or support person — the day it is sent.

Note   For service by post to an address in Australia or an external Territory, see Evidence Act 1995, section 160.

         (3)   However, subclause (4) applies if:

                (a)    the notice cannot be:

                          (i)    delivered personally; or

                         (ii)    sent to the athlete or support person by post or courier service; or

                         (iii)    sent to the athlete or support person by facsimile transmission; and

               (b)    a notice (to which the notice to the athlete or support person is attached in a sealed envelope addressed to the athlete or support person) is sent to a sporting administration body of which the athlete or support person is a member at its address last known to ASADA asking the organisation to send the envelope to the athlete or support person.

         (4)   The athlete or support person is presumed to have received the notice 10 days after the date it is sent.

95            Disclosing information to sporting administration bodies — non-entry information

         (1)   For paragraph 13 (1) (g) of the Act, this clause applies to information that:

                (a)    is not information arising out of an entry on the Register, mentioned in clause 83; and

               (b)    relates, or appears to relate, to any person in connection with any of the following matters:

                          (i)    the failure by an athlete to comply with a request by ASADA to keep ASADA informed of where the athlete can be found, in violation of the anti-doping rules;

                         (ii)    that an athlete was unable to be located in order to request a sample, because the athlete failed to comply with a request to keep ASADA informed of where the athlete could be found, in violation of the anti-doping rules;

                         (iii)    that an athlete evaded, or attempted to evade, receiving a request by ASADA for a sample, in violation of the anti-doping rules;

                        (iv)    that an athlete has failed to comply with a request by ASADA for a sample, in violation of the anti-doping rules;

                         (v)    that an athlete or support person has tampered with, or attempted to tamper with, a sports drug matter, in violation of the anti-doping rules;

                        (vi)    that an athlete used, or attempted to use, a drug or doping method, in violation of the anti-doping rules;

                        (vii)    that an athlete or support person trafficked in a drug or doping method, in violation of the anti-doping rules;

                       (viii)    that an athlete or support person possessed a drug or doping method, in violation of the anti-doping rules;

                        (ix)    the administration, or attempted administration, by an athlete or support person of a drug or doping method, in violation of the anti-doping rules;

                         (x)    the aiding, abetting, covering up, or being involved in any other type of complicity relating to, any conduct referred to in subparagraphs (i) to (x), in violation of the anti-doping rules;

                        (xi)    the presence or use of a drug or doping method mentioned in the prohibited list in a urine sample or a blood sample provided by an athlete, in violation of the anti-doping rules.

         (2)   ASADA may disclose information to which this clause applies to:

                (a)    a sporting administration body; or

               (b)    the Australian Federal Police; or

                (c)    the Australian Customs Service.

         (3)   Nothing in this section limits, or is limited by, any other provision of the NAD scheme under which ASADA is required or permitted to disclose information.

         (4)   In this clause:

possession, when used in relation to a doping method, means possession of skills, knowledge, substances, equipment or technology necessary to engage in, or that can be used to engage in, the doping method.

trafficking means:

                (a)    selling, giving, transporting, sending, delivering or distributing; and

               (b)    when used in relation to a doping method, means trafficking (as defined in paragraph (a)) in skills, knowledge, substances, equipment or technology necessary to engage in, or that can be used to engage in, the doping method.

Note   Disclosure of information: The following clauses in this Schedule provide for the disclosure of information to persons other than an athlete or support person:

·      Clause 82 provides for ASADA to disclose information to a sporting administration body about the issue of a notice of an entry on the Register;

·      Clause 83 provides for ASADA to disclose information arising from an entry on the Register to a sporting administration body;

·      Clause 84 provides for ASADA to disclose information to a sporting administration body, where no entry has yet been made on the Register;

·      Subclause 92 (5) provides for ASDMAC to disclose information to a sporting administration body concerning an entry on the Register, or a test of a sample given by an athlete;

·      Clause 95 provides for ASADA to disclose information, other than information arising from an entry, to a sporting administration body, the Australian Federal Police or the Australian Customs Service.

In addition, regulation 5 provides for ASADA to disclose information to a sporting administration body for the purposes of drug testing programs.

96            Fees

                For subsection 19 (1) of the Act, the fees mentioned in an item in the table are authorised for the service mentioned in the item.

 

Item

Service

Fee

Domestic Testing Services

1

Half screen urine test:

   (a)  1-49 tests

   (b)  50-199 tests

   (c)  200 + tests

 

   (a)  $587.00 per test

   (b)  $576.00 per test

   (c)  $564.00 per test

2

Full screen urine test

   (a)  1-49 tests

   (b)  50-199 tests

   (c)  200 + tests

 

   (a)  $702.00 per test

   (b)  $690.00 per test

   (c)  $679.00 per test

3

EPO testing
(blood and urine)

$1789.00 per test

4

EPO testing
(urine only)

$1368.00 per test

5

Half screen statistical reporting (pseudoephedrine)

$60.00 per test

6

Half screen statistical reporting (caffeine)

$60.00 per test

7

Small session testing levy
(3 or less tests )

$115.00 per session

8

Short notice call out fee

$229.00 per call out

9

Fast turn around

$247.00 per test

10

Additional time for doping control officers and chaperones

   (a)  Doping control officers

   (b)  Chaperones



   (a)  $23.50 per hour

   (b)  $17.50 per hour

International Testing Services

11

Urine testing

$375.00 (USD) each test

12

EPO testing
(blood and urine)

$560.00 (USD) each test

13

Athlete no shows

$100.00 (USD) each no show

Education Products

14

Anti-Doping Information Handbook

$9.45

15

Anti-Doping Information card

Postage:

   (a)  1-9 cards

   (b)  10-19 cards

   (c)  20 or more cards

$1.05 each card, plus postage:

 

   (a)  $0.50;

   (b)  $1.50;

   (c)  $3.75

16

Anti-doping Update

Postage:

   (a)  1-10

   (b)  more than 10

$0.85 each update, plus postage

   (a)  $0.50

   (b)  charged at cost

17

Corporate Brochure

Postage:

   (a)  1-10

   (b)  more than 10

$0.00 per brochure, plus postage:

 

   (a)  $0.50

   (b)  charged at cost

18

Posters

Postage:

   (a)  1-5

   (b)  more than 5

$0.00 per poster, plus postage:

 

   (a)  $1.00

   (b)  charged at cost

19

Presentations

   (a)  first hour

   (b)  additional hours

   (c)  extras

 

   (a)  $230.00 for the first hour

   (b)  $115.00 for each additional hour

   (c)  Additional expenses (flights, printing etc.) charged at cost

20

Tailored articles, issues papers, policy advice etc.

$115.00 per article, issue or advice

Additional expenses billed at cost

21

Development and delivery of non-core products and services

$115.00 per product or service

Additional expenses billed at cost

22

DVD

Postage per quantity

$14.95 per DVD, plus postage

$4.95 each quantity


Schedule 2        Relevant International anti-doping instruments

                                                      (regulation 4)

  

       1.       Council of Europe Anti-Doping Convention, signed by Australia on 24 April 1994.

       2.       International Anti-Doping Arrangement, signed by Australia on 18 April 1996.

       3.       UNESCO Anti-Doping Convention.


Note

1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.frli.gov.au.