Federal Register of Legislation - Australian Government

Primary content

Australian Sports Anti-Doping Authority Regulations 2006

Authoritative Version
  • - F2015C00689
  • In force - Superseded Version
  • View Series
SLI 2006 No. 47 Regulations as amended, taking into account amendments up to Australian Sports Anti-Doping Authority Amendment (Prohibited Association) Regulation 2015
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
Registered 18 Aug 2015
Start Date 25 Jul 2015
End Date 30 Jun 2018

Australian Sports Anti‑Doping Authority Regulations 2006

Select Legislative Instrument No. 47, 2006

made under the

Australian Sports Anti‑Doping Authority Act 2006

Compilation No. 8

Compilation date:                              25 July 2015

Includes amendments up to:            SLI No. 125, 2015

Registered:                                         18 August 2015

 

About this compilation

This compilation

This is a compilation of the Australian Sports Anti-Doping Authority Regulations 2006 that shows the text of the law as amended and in force on 25 July 2015 (the compilation date).

This compilation was prepared on 17 August 2015.

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on ComLaw (www.comlaw.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on ComLaw for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on ComLaw for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

  

  

  


Contents

Part 1—Introductory                                                                                                           1

1............ Name of Regulations........................................................................... 1

1A......... Definition............................................................................................ 1

2............ Commencement................................................................................... 1

Part 2—The NAD scheme                                                                                                2

3............ The NAD scheme............................................................................... 2

4............ Relevant international anti‑doping instruments.................................... 2

5............ Disclosure of protected information.................................................... 2

Part 3—ASDMAC functions, meetings and procedures                               3

6............ Manner of performing ASDMAC’s functions................................... 3

6A......... Convening meetings of ASDMAC..................................................... 4

7............ Quorum............................................................................................... 5

8............ Chairing meetings in absence of the ASDMAC chair......................... 5

9............ Voting at meetings.............................................................................. 5

10.......... Conduct of meetings........................................................................... 6

11.......... Minutes of meetings............................................................................ 6

12.......... ASDMAC members—fields of sports medicine................................ 6

Part 5—Infringement notices for civil penalty provisions                             7

Division 1—Outline and operation of Part 5                                                   7

16.......... Simplified outline of Part 5................................................................. 7

17.......... Authorised person............................................................................... 7

Division 2—Infringement notices                                                                           9

18.......... When an infringement notice may be given......................................... 9

19.......... Matters to be included in an infringement notice................................. 9

20.......... Extension of time to pay amount....................................................... 11

21.......... Withdrawal of an infringement notice............................................... 12

22.......... Effect of payment of amount............................................................. 13

23.......... Effect of Part 5.................................................................................. 14

Part 6—Transitional matters                                                                                        15

24.......... Amendments made by the Customs and Other Legislation Amendment (Australian Border Force) Regulation 2015.......................................................................................................... 15

Schedule 1—The NAD scheme                                                                       16

Part 1—Preliminary                                                                                                           16

1.01....... Overview.......................................................................................... 16

1.02....... Functions of the CEO under the NAD scheme................................. 16

1.02A.... Further functions of the CEO under the NAD scheme..................... 17

1.03....... Authority for the CEO to exercise certain powers............................. 18

1.03A.... Functions of the ADRVP under the NAD scheme........................... 19

1.03B.... CEO and ADRVP to have regard to World Anti‑Doping Code etc.. 19

1.05....... Definitions........................................................................................ 19

1.06....... Classes of athletes subject to the NAD scheme................................. 29

1.07....... Classes of support persons subject to the NAD scheme................... 29

1.08....... Meaning of personal interest............................................................ 29

Part 2—The Rules                                                                                                               31

Division 2.1—Anti‑doping rules                                                                            31

2.01....... Anti‑doping rules—general............................................................... 31

2.01A.... Presence in athlete’s sample of prohibited substance, or metabolites or markers      31

2.01B.... Use or attempted use by an athlete of a prohibited substance or a prohibited method               32

2.01C.... Evading, refusing or failing to submit to sample collection............... 33

2.01D.... Whereabouts failures......................................................................... 33

2.01E..... Tampering or attempted tampering with any part of doping control.. 33

2.01F..... Possession of prohibited substances and prohibited methods........... 34

2.01G.... Trafficking or attempted trafficking in a prohibited substance or prohibited method                35

2.01H.... Administration or attempted administration of a prohibited substance or prohibited method    36

2.01J..... Complicity......................................................................................... 36

2.01K.... Prohibited association....................................................................... 37

Division 2.2—Sporting Administration Body Rules                                   40

2.02....... Meaning of sporting administration body in this Part...................... 40

2.03....... Sporting administration body rules—powers of CEO...................... 40

2.04....... Sporting administration body rules................................................... 40

Part 3—Testing and Investigating                                                                             43

Division 3.1—People carrying out doping control functions                 43

Subdivision 3.1.1—ASADA representatives                                                      43

3.01....... Doping control officers..................................................................... 43

3.02....... Chaperones....................................................................................... 43

3.03....... Investigators...................................................................................... 43

3.04....... Blood collection officials................................................................... 43

3.05....... Protection from civil actions—drug testing officials......................... 44

3.06....... Identity cards..................................................................................... 44

3.07....... Production of identity cards.............................................................. 44

Subdivision 3.1.2—Conflict of Interest                                                               45

3.08....... Conflict of interest............................................................................. 45

Division 3.2—Locating athletes                                                                            46

3.09....... Whereabouts information for athlete................................................. 46

Division 3.3—Requests for samples                                                                    47

3.12....... Purposes for which samples may be requested, collected and tested. 47

3.13....... International Standard to be followed................................................ 47

3.14....... The CEO may ask athlete for, and collect, samples........................... 47

3.15....... The CEO may ask sporting administration body or anti‑doping organisation to request sample              48

3.16....... Request to give sample...................................................................... 48

3.17....... The CEO to engage an interpreter..................................................... 49

3.18....... The CEO to pay athlete’s expenses................................................... 50

3.19....... Retired athletes.................................................................................. 50

3.20....... What athlete may do before giving sample........................................ 51

3.21....... Right to a representative.................................................................... 51

Division 3.4—Analysing samples                                                                          53

3.22....... What the CEO may do with samples................................................. 53

3.23....... The CEO may ask laboratory to test samples.................................... 53

3.24....... World Anti‑Doping Code procedures to be followed....................... 53

3.25....... Retention and further analysis of samples......................................... 54

3.26....... Ownership of samples...................................................................... 54

Division 3.4A—Request to attend interview, give information or produce documents                55

3.26A.... Request............................................................................................. 55

Division 3.4B—Requirement to attend interview, give information or produce documents      56

3.26B.... Requirement...................................................................................... 56

3.26C.... Form and conduct of an interview..................................................... 62

3.26D.... Exceptional circumstances................................................................. 63

3.26E..... Retaining and copying documents produced in response to a disclosure notice       64

Division 3.5—Investigations                                                                                   66

3.27....... Investigations.................................................................................... 66

Part 4—Results management                                                                                        67

Division 4.1—Adverse analytical findings                                                       67

4.01....... Review by CEO................................................................................ 67

4.02....... Therapeutic use exemptions.............................................................. 67

4.03....... Investigation of atypical findings...................................................... 68

4.04....... Notification after review by CEO...................................................... 69

4.05....... B sample analysis.............................................................................. 70

4.06....... Notification after B sample analysis.................................................. 70

Division 4.2—Other anti‑doping rule violations                                          72

4.07A.... Notification of possible non‑presence anti‑doping rule violation...... 72

Division 4.3—Assertions about possible anti‑doping rule violations 74

4.08....... Initial consideration by ADRVP....................................................... 74

4.09....... Further submissions before ADRVP makes assertion...................... 75

4.09A.... General provisions about ADRVP’s consideration of possible anti‑doping rule violations     77

4.10....... Notifying the CEO of ADRVP decisions......................................... 78

4.11....... Notifying participants of ADRVP decisions..................................... 78

4.12....... Review by Administrative Appeals Tribunal.................................... 79

4.13....... Presentation of cases......................................................................... 79

Division 4.4—Disclosure of information                                                          81

4.17....... Notifying sporting administration bodies etc. about assertions......... 81

4.20....... Conditions on the release of information........................................... 81

4.21....... Disclosing information etc. obtained in relation to administration of the NAD scheme            82

4.22....... Publishing information relating to assertions.................................... 83

Division 4.5—Commencing action against an athlete or support person             85

4.23....... Limitations provision for commencing action................................... 85

Division 4.6—Violations List                                                                                  86

4.24....... Correcting entries in the Violations List............................................ 86

Part 5—ASDMAC functions                                                                                        87

5.01....... Functions of ASDMAC................................................................... 87

Part 5A—Retired athletes                                                                                               90

5A.01.... Application of NAD scheme to retired athletes returning to competition  90

Part 6—Miscellaneous                                                                                                       91

6.01....... When notices are taken to have been received................................... 91

6.02....... Waiver of Rights............................................................................... 92

6.03....... Fees................................................................................................... 92

Part 7—Application and transitional provisions                                               93

Division 1—Amendments made by the Australian Sports Anti‑Doping Authority Amendment (World Anti‑Doping Code and Other Measures) Regulation 2014                93

7.01....... Definitions........................................................................................ 93

7.02....... Anti‑doping rule violations occurring before commencement of amending regulation             93

7.03....... Prohibited association anti‑doping rule violations............................. 93

7.04....... Limitations provision for commencing action under NAD scheme... 94

7.05....... Results management provisions........................................................ 94

7.06....... Application of amendments relating to assertions............................. 95

7.07....... Continuation of provisions relating to findings................................. 95

7.08....... Application of review provisions for ASDMAC decisions.............. 96

7.09....... Repeal............................................................................................... 96

Schedule 2—Relevant International anti‑doping instruments           97

Endnotes                                                                                                                                    98

Endnote 1—About the endnotes                                                                            98

Endnote 2—Abbreviation key                                                                                99

Endnote 3—Legislation history                                                                           100

Endnote 4—Amendment history                                                                         101


Part 1Introductory

  

1  Name of Regulations

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

1A  Definition

                   In these Regulations:

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

ASDMAC review function has the meaning given by subregulation 6(5).

authorised person, in relation to an infringement notice, means:

                     (a)  the CEO; or

                     (b)  a person authorised by the CEO under regulation 17.

2  Commencement

                   These Regulations commence on the day they are registered.

Part 2The 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  Disclosure of protected information

Disclosures by the CEO

             (1)  For subsection 68B(2) of the Act, a circumstance in which the CEO may disclose protected information is that the CEO is satisfied that the protected information will enable or assist a body or person referred to in subsection 68B(3) of the Act to perform or exercise any of its functions, duties or powers.

Bodies and persons to whom protected information may be disclosed

             (2)  For paragraph 68B(3)(g) of the Act, sporting administration bodies are prescribed.

Part 3ASDMAC functions, meetings and procedures

  

6  Manner of performing ASDMAC’s functions

Functions other than ASDMAC review functions

             (1)  A function of the ASDMAC (other than an ASDMAC review function) may only be performed by the ASDMAC at a meeting of ASDMAC members other than ASDMAC review members.

Note:          See subsection 65(2) of the Act for when a resolution is taken to have been passed at a meeting of ASDMAC members (other than ASDMAC review members).

             (2)  A function of the ASDMAC (other than an ASDMAC review function) may only be performed under a delegation under section 66 of the Act if:

                     (a)  the delegation was made by the ASDMAC at a meeting of ASDMAC members other than ASDMAC review members; and

                     (b)  the delegate complies with any direction given by the ASDMAC at such a meeting (subject to any variation or revocation of the direction by the ASDMAC at such a meeting).

ASDMAC review functions

             (3)  An ASDMAC review function may only be performed by the ASDMAC at a meeting of ASDMAC review members.

Note:          See subsection 65(2A) of the Act for when a resolution is taken to have been passed at a meeting of ASDMAC review members.

             (4)  An ASDMAC review function may only be performed under a delegation under section 66 of the Act if:

                     (a)  the delegation was made by the ASDMAC at a meeting of ASDMAC review members; and

                     (b)  the delegate complies with any direction given by the ASDMAC at such a meeting (subject to any variation or revocation of the direction by the ASDMAC at such a meeting).

             (5)  In these Regulations:

ASDMAC review function means:

                     (a)  a function of the ASDMAC under subclause 5.01(2), (2B), (2C) or (2D) of Schedule 1 (review of decisions relating to therapeutic use exemptions); and

                     (b)  a function of the ASDMAC under subclause 5.01(7) of Schedule 1 (consultation with CEO) to the extent that the function relates to a function mentioned in paragraph (a) of this definition; and

                     (c)  a function of the ASDMAC under subclause 5.01(8) of Schedule 1 (ASDMAC participation in review or appeal of ASDMAC decisions) to the extent that the function relates to a decision made by the ASDMAC at a meeting of ASDMAC review members.

6A  Convening meetings of ASDMAC

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

             (2)  The Minister, the CEO or at least 2 ASDMAC primary members may request the ASDMAC Chair to convene a meeting of the ASDMAC for the purpose of performing a function of the ASDMAC (other than an ASDMAC review function).

             (3)  The Minister, the CEO or at least 2 ASDMAC review members may request the ASDMAC Chair to convene a meeting of the ASDMAC for the purpose of performing an ASDMAC review function.

             (4)  A request under subregulation (2) or (3) must be in writing, except for a request by the CEO which may be made orally.

             (5)  The ASDMAC Chair must comply with a request under subregulation (2) or (3) as soon as practicable.

7  Quorum

             (1)  The quorum for a meeting of the ASDMAC for the purpose of performing a function other than an ASDMAC review function is 3 ASDMAC members (other than ASDMAC review members).

             (2)  The quorum for a meeting of the ASDMAC for the purpose of performing an ASDMAC review function is 2 ASDMAC review members.

8  Chairing meetings in absence of the ASDMAC chair

             (1)  If the ASDMAC Chair is to be absent from a meeting of ASDMAC members (other than ASDMAC review members), the ASDMAC Chair may nominate an ASDMAC primary member to chair the meeting.

             (2)  The ASDMAC Chair may, when convening a meeting of ASDMAC review members, nominate one of those members to chair the meeting.

             (3)  If the ASDMAC Chair does not make a nomination under subregulation (1) or (2), the ASDMAC members present at the meeting must elect one 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:          Section 33B of the Acts Interpretation Act 1901 provides for meetings by telephone etc.

             (4)  However, if:

                     (a)  the question to be decided is whether to affirm or set aside a decision (the original decision) under subclause 5.01(2B) of Schedule 1 (review of therapeutic use exemption decisions); and

                     (b)  the votes on the question are equal;

the ASDMAC review members present at the meeting are taken to have affirmed the original decision.

10  Conduct of meetings

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

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 5Infringement notices for civil penalty provisions

Division 1Outline and operation of Part 5

16  Simplified outline of Part 5

                   The following is a simplified outline of this Part:

This Part deals with the use of infringement notices where an authorised person reasonably believes that a civil penalty provision has been contravened. Under section 80 of the Act, the regulations may provide for a person who is alleged to have contravened a civil penalty provision to pay a penalty to the Commonwealth as an alternative to civil proceedings against the person.

A provision of the Act is a civil penalty provision if the provision includes a penalty that is stated to be a civil penalty (see section 73A of the Act).

A person can be given an infringement notice in relation to a contravention of a civil penalty provision.

A person who is given an infringement notice can choose to pay an amount as an alternative to having court proceedings brought against the person for a contravention of the civil penalty provision. If the person does not choose to pay the amount, proceedings can be brought against the person in relation to the contravention.

17  Authorised person

                   The CEO may, in writing, authorise a person for:

                     (a)  the purpose of giving an infringement notice under regulation 18; and

                     (b)  any other purpose relating to an infringement notice or the administration of infringement notices.

Division 2Infringement notices

18  When an infringement notice may be given

             (1)  If an authorised person has reasonable grounds to believe that a person has contravened a civil penalty provision, the authorised person may give to the person an infringement notice for the alleged contravention.

Note:          Under section 73B of the Act, as in force when this regulation commenced, the CEO may apply to a relevant court for an order that a person, who is alleged to have contravened a civil penalty provision, pay the Commonwealth a pecuniary penalty. The CEO must make the application within 4 years of the alleged contravention.

             (2)  A single infringement notice must relate only to a single contravention of a single provision unless subregulation (3) applies.

             (3)  An authorised person may give a person a single infringement notice relating to multiple contraventions of a single provision if:

                     (a)  the provision requires the person to do a thing within a particular period or before a particular time; and

                     (b)  the person fails or refuses to do that thing within that period or before that time; and

                     (c)  the failure or refusal occurs on more than 1 day; and

                     (d)  each contravention is constituted by the failure or refusal on one of those days.

Note:          For continuing offences, see subsection 4K(2) of the Crimes Act 1914.

19  Matters to be included in an infringement notice

             (1)  An infringement notice must:

                     (a)  be identified by a unique number; and

                     (b)  state the day on which it is given; and

                     (c)  state the name of the person to whom the notice is given; and

                     (d)  state the name and contact details of the person who gave the notice, and that the person is an authorised person for the purposes of issuing the infringement notice; and

                     (e)  give brief details of each alleged contravention, including:

                              (i)  the civil penalty provision that was allegedly contravened; and

                             (ii)  the maximum penalty that a court could impose if the provision were contravened; and

                            (iii)  the time (if known) and day of, and the place of, the alleged contravention; and

                      (f)  state the amount that is payable under the notice; and

                     (g)  give an explanation of how payment of the amount is to be made; and

                     (h)  state that, if the person to whom the notice is given pays the amount within 28 days after the day the notice is given, then (unless the notice is withdrawn) the person will not be liable to be prosecuted in a court for an alleged contravention; and

                      (i)  state that payment of the amount is not an admission of guilt or liability; and

                      (j)  state that the person may apply to the CEO to have the period in which to pay the amount extended; and

                     (k)  state that the person may choose not to pay the amount and, if the person does so, the person may be prosecuted in a court for an alleged contravention; and

                      (l)  set out how the notice can be withdrawn; and

                    (m)  state that if the notice is withdrawn the person may be prosecuted in a court for the alleged contravention; and

                     (n)  state that the person may make written representations to the CEO seeking the withdrawal of the notice.

Note:          A single infringement notice may relate to multiple contraventions of a single provision: see subregulation 18(3).

             (2)  The amount to be stated in the notice for the purposes of paragraph (1)(f) for an alleged contravention of a civil penalty provision by the person must be the lesser of:

                     (a)  one‑fifth of the maximum penalty that a court could impose on the person for the alleged contravention; and

                     (b)  12 penalty units where the person is an individual, or 60 penalty units where the person is a body corporate.

Note:          See subsection 80(2) of the Act.

20  Extension of time to pay amount

             (1)  A person to whom an infringement notice has been given may apply to the CEO for an extension of the period mentioned in paragraph 19(1)(h).

             (2)  If the application is made before the end of that period, the CEO may, in writing, extend that period. The CEO may do so before or after the end of that period.

             (3)  If the CEO extends that period, a reference in this Part, or in a notice or other instrument under this Part, to the period mentioned in paragraph 19(1)(h) is taken to be a reference to that period so extended.

             (4)  If the CEO does not extend that period, a reference in this Part, or in a notice or other instrument under this Part, to the period mentioned in paragraph 19(1)(h) is taken to be a reference to the period that ends on the later of the following days:

                     (a)  the day that is the last day of the period mentioned in paragraph 19(1)(h);

                     (b)  the day that is 7 days after the day the person was given notice of the CEO’s decision not to extend.

             (5)  The CEO may extend the period more than once under subregulation (2).

21  Withdrawal of an infringement notice

Representations seeking withdrawal of notice

             (1)  A person to whom an infringement notice has been given may make written representations to the CEO seeking the withdrawal of the notice.

Withdrawal of notice

             (2)  The CEO may withdraw an infringement notice given to a person (whether or not the person has made written representations seeking the withdrawal).

             (3)  When deciding whether or not to withdraw an infringement notice (the relevant infringement notice), the CEO:

                     (a)  must take into account any written representations seeking the withdrawal that were given by the person to the CEO; and

                     (b)  may take into account the following:

                              (i)  whether a court has previously imposed a penalty on the person for a contravention of a civil penalty provision that is subject to an infringement notice under this Part;

                             (ii)  the circumstances of the alleged contravention;

                            (iii)  whether the person has paid an amount, stated in an earlier infringement notice, for a contravention of a civil penalty provision that is subject to an infringement notice under this Part if the contravention is constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention in the relevant infringement notice;

                            (iv)  any other matter the CEO considers relevant.

Notice of withdrawal

             (4)  If the CEO withdraws an infringement notice given to a person, the CEO must give notice of the withdrawal of the infringement notice to the person. The withdrawal notice must state:

                     (a)  the person’s name and address; and

                     (b)  the identifying number of the infringement notice; and

                     (c)  the day the infringement notice was given; and

                     (d)  that the infringement notice is withdrawn.

             (5)  The withdrawal notice may also state that the person may be prosecuted in a court for the alleged contravention.

Note:          The infringement notice may be withdrawn in circumstances in which the person would not be prosecuted in a court for the alleged contravention (for example, if the notice is given to the wrong person).

Refund of amount if infringement notice withdrawn

             (6)  If:

                     (a)  the CEO withdraws the infringement notice; and

                     (b)  the person has already paid the amount stated in the notice;

the CEO must refund to the person an amount equal to the amount paid.

22  Effect of payment of amount

             (1)  If the person to whom an infringement notice for an alleged contravention of a provision is given pays the amount stated in the notice before the end of the period mentioned in paragraph 19(1)(h):

                     (a)  any liability of the person for the alleged contravention is discharged; and

                     (b)  the person may not be prosecuted in a court for the alleged contravention; and

                     (c)  the person is not regarded as having admitted guilt or liability for the alleged contravention; and

                     (d)  the person is not regarded as having been convicted of the alleged offence.

             (2)  Subregulation (1) does not apply if the notice has been withdrawn.

23  Effect of Part 5

                   This Part does not:

                     (a)  require an infringement notice to be given to a person for an alleged contravention of a civil penalty provision enforceable under this Part; or

                     (b)  affect the liability of a person for an alleged contravention of a civil penalty provision if:

                              (i)  the person does not comply with an infringement notice given to the person for the contravention; or

                             (ii)  an infringement notice is not given to the person for the contravention; or

                            (iii)  an infringement notice is given to the person for the contravention and is subsequently withdrawn; or

                     (c)  prevent the giving of 2 or more infringement notices to a person for an alleged contravention of a civil penalty provision; or

                     (d)  limit a court’s discretion to determine the amount of a penalty to be imposed on a person who is found to have contravened a civil penalty provision.

Part 6Transitional matters

  

24  Amendments made by the Customs and Other Legislation Amendment (Australian Border Force) Regulation 2015

                   Information, documents or things disclosed to the Australian Customs Service under subclause 4.21(2) of Schedule 1 before 1 July 2015 are taken on and after that day to have been information, documents or things disclosed to the Department administered by the Minister administering Part XII of the Customs Act 1901.


Schedule 1The NAD scheme

                (regulation 3)

Part 1Preliminary

  

1.01  Overview

                   This instrument establishes the NAD scheme for section 9 of the Act, which is a scheme about the following matters:

             (1)  the implementation of the General Anti‑Doping Convention;

             (2)  the implementation of the UNESCO Anti‑Doping Convention, in particular Article 3(a) which obliges States Parties to adopt appropriate measures consistent with the principles of the World Anti‑Doping Code;

             (3)  ancillary or incidental matters.

1.02  Functions of the CEO under the NAD scheme

             (1)  Without limiting the functions conferred on the CEO by specific provisions of the Act and any other provision of the NAD scheme, the CEO is authorised to exercise the following powers and functions:

                     (a)  planning, implementing, evaluating and monitoring education and information programs for doping‑free sport for all participants;

Note:          This is in addition to the function conferred by paragraph 21(1)(f) of the Act.

                     (b)  encouraging and promoting research relevant to sports drug and safety matters, including sociological, behavioural, juridical and ethical studies;

Note:          This is in addition to the function conferred by paragraph 21(1)(g) of the Act.

                     (c)  having the role and responsibility of a National Anti‑Doping Organisation for Australia under the UNESCO Anti‑Doping Convention and the World Anti‑Doping Code, including performance of functions internationally that relate to that role and responsibility;

                     (d)  providing services relating to sports drug and safety matters to a sporting administration body in accordance with contractual arrangements with the body on behalf of the Commonwealth;

Note:          This is in addition to the function conferred by paragraph 21(1)(k) of the Act.

                     (e)  undertaking results management for a sporting administration body regardless of whether or not the CEO has conducted the sample collection;

                      (f)  delegating results management responsibilities to International Federations in accordance with the World Anti‑Doping Code;

                     (g)  functions about performance of activities relating to sports doping and safety matters referred to the ASADA or the CEO by a sporting administration body.

             (2)  Anything done by the CEO under a contractual arrangement in performance of a function mentioned in subclause (1) is taken to be done under the NAD scheme.

             (3)  Anything done by the CEO in performance of a function mentioned in subclause (1) is taken to be done under the NAD scheme even if it could have been done under the Act.

1.02A  Further functions of the CEO under the NAD scheme

             (1)  Without limiting the functions conferred on the CEO by specific provisions of the Act and any other provision of the NAD scheme, the CEO is authorised to notify athletes, support persons and sporting administration bodies of assertions made by the ADRVP, in accordance with clauses 4.11, 4.17 and 4.20.

Note:          See paragraph 13(1)(j) of the Act.

             (2)  The CEO is also authorised to provide recommendations to sporting administration bodies as to the consequences of those assertions, when notifying those bodies of assertions in accordance with clause 4.11.

Note:          See paragraph 13(1)(ja) of the Act.

             (3)  The CEO is also authorised to present:

                     (a)  assertions; and

                     (b)  recommendations by the CEO in relation to assertions; and

                     (c)  additional information;

at hearings of the Court of Arbitration for Sport and other sporting tribunals in accordance with clause 4.13.

Note:          See paragraph 13(1)(k) of the Act.

             (4)  The CEO is also authorised to give participants warning notices in accordance with clause 2.01K (prohibited association).

Note:          See paragraph 13(1)(fa) of the Act.

1.03  Authority for the CEO to exercise certain powers

Exercise of powers in relation to requests from sporting administration bodies

             (1)  The CEO is authorised to exercise powers under the NAD scheme in order to cooperate with a request from a sporting administration body if the request is reasonably necessary to enforce or give effect to the World Anti‑Doping Code and other relevant international anti‑doping instruments.

Exercise of powers in relation to requests to sporting administration bodies

             (2)  The CEO is authorised to use information about an athlete or support person that was given to the ASADA or is given to the CEO by a sporting administration body as if it were information that was obtained by an investigation by the CEO under the NAD scheme if the CEO requested the sporting administration body to provide, or obtain and provide, the information.

Note:          Regulation 4 of the Australian Sports Anti‑Doping Authority Regulations 2006 prescribes additional relevant international anti‑doping instruments for the Act.

1.03A  Functions of the ADRVP under the NAD scheme

             (1)  For paragraph 41(1)(a) of the Act, the ADRVP’s functions under the NAD Scheme consist of considering whether there have been possible anti‑doping rule violations by participants, and making assertions in relation to participants, in accordance with clauses 4.08, 4.09, 4.09A and 4.10.

Note:          ADRVP members also perform functions under clauses 3.26B and 3.26D (requirement to attend interview, give information or produce documents or things).

             (2)  The ADRVP does not have the function of acting as a hearing panel of the kind mentioned in Article 8 of the World Anti‑Doping Code.

1.03B  CEO and ADRVP to have regard to World Anti‑Doping Code etc

                   In exercising powers for the NAD scheme and making recommendations, the CEO and the ADRVP must have regard to:

                     (a)  the World Anti‑Doping Code (including the comments annotating various provisions of the World Anti‑Doping Code); and

                     (b)  other relevant international anti‑doping instruments.

Note:          Regulation 4 of the Australian Sports Anti‑Doping Authority Regulations 2006 prescribes additional relevant international anti‑doping instruments for the Act.

1.05  Definitions

Note 1:       A number of expressions used in the NAD scheme are defined in the Act, including the following:

(a)    anti‑doping rule violation;

(b)    athlete;

(c)    support person.

Note 2:       In accordance with the definition of World Anti‑Doping Code in section 4 of the Act, a reference to the World Anti‑Doping Code is a reference to the World Anti‑Doping Code as in force from time to time.

                   In the NAD scheme:

A sample means the part of a sample given by an athlete that is contained within a bottle labelled ‘A’ or ‘Part 1’ in a sample collection kit.

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

administration, in relation to a prohibited substance or prohibited method, has the meaning given by subclause 2.01H(2).

adverse analytical finding means a report from a recognised laboratory that, consistent with the International Standard for Laboratories and related technical documents, identifies in a sample the presence of a prohibited substance or its metabolites or markers (including elevated quantities of endogenous substances) or evidence of the use of a prohibited method.

anti‑doping organisation means a signatory to the World Anti‑Doping Code that is responsible for adopting rules for initiating, implementing or enforcing part of the doping control process, including:

                     (a)  the International Olympic Committee; and

                     (b)  the International Paralympic Committee; and

                     (c)  major event organisations that conduct testing at their events; and

                     (d)  WADA; and

                     (e)  International Sporting Federations; and

                      (f)  national anti‑doping organisations; and

                     (g)  regional anti‑doping organisations.

anti‑doping purpose has the meaning given by clause 3.12.

anti‑doping rules means the anti‑doping rules contained in Division 2.1.

ASADA representative means:

                     (a)  a blood collection official; or

                     (b)  a chaperone; or

                     (c)  a doping control officer; or

                     (d)  an investigator.

assertion means an assertion made by the ADRVP under subclause 4.09(5).

attempt, for an anti‑doping rule violation, means purposely engaging in conduct that constitutes a substantial step in a course of conduct planned to culminate in the commission of an anti‑doping rule violation; however, there will be no anti‑doping rule violation based solely on an attempt to commit a violation if the person renounces the attempt before it is discovered by a third party not involved in the attempt.

atypical finding means a report from a recognised laboratory that requires further investigation as provided by the International Standard for Laboratories or related technical documents before the determination of an adverse analytical finding.

B sample means a sample given by an athlete that is contained within a bottle labelled ‘B’ or ‘Part 2’ in a sample collection kit.

blood collection official means a person approved by the CEO as a blood collection official under clause 3.04.

CAS means the Court of Arbitration for Sport.

chaperone means:

                     (a)  a person appointed by the CEO to be a chaperone under clause 3.02; or

                     (b)  a doping control officer.

Note:          A doping control officer is taken to be chaperone: see subclause 3.02(2).

competition means a single race, match, game or singular sport contest.

Example:    A basketball game or the finals of the Olympic 100 metre race in athletics.

Note:          For stage races and other sport contests in which prizes are awarded on a daily or other interim basis the distinction between a competition and an event will be as provided in the rules of the applicable International Sporting Federation.

disqualification means invalidation of an athlete’s results in a particular competition or event, with all resulting penalties including forfeiture of medals, points and prizes.

domestic testing pool means the pool of athletes designated as such by the CEO, who are not in the CEO’s registered testing pool and who are subject to testing both in‑competition and out‑of‑competition as part of the CEO’s test distribution plan.

doping control means all steps and processes from test distribution planning through to ultimate disposition of any appeal including all steps and processes in between.

Note:          These steps and processes include provision of whereabouts information, sample collection and handling, laboratory analysis, therapeutic use exemptions, results management and hearings.

doping control officer means a person appointed by the CEO to be a doping control officer under clause 3.01.

event means a series of individual competitions conducted together under 1 ruling body (eg, the Olympic Games or Commonwealth Games).

government agency means:

                     (a)  a government sports agency; or

                     (b)  any other department or authority of the Commonwealth, a State or Territory through which funding or other support is provided for a sporting activity.

government sports agency means ASADA, the ASC, the Department and any other academy or institute of sport or similar body established by the Commonwealth, a State or a Territory.

in‑competition: something occurs in‑competition if it occurs during the period commencing 12 hours before a competition in which an athlete is scheduled to participate through to the end of the competition (including the sample collection process related to the competition), unless provided otherwise in the rules of:

                     (a)  an International Sporting Federation; or

                     (b)  a national sporting organisation; or

                     (c)  the ruling body of an event in which the competition is taking place.

international event means an event or competition for which the International Olympic Committee, the International Paralympic Committee, an International Sporting Federation, a major event organisation, or another international sporting organisation is the ruling body for the event or competition or appoints the technical officials for the event or competition.

International Standard for Laboratories means the International Standard for Laboratories adopted by the WADA, as amended from time to time, including technical documents issued under the International Standard for Laboratories.

International Standard for Testing and Investigations means the International Standard for Testing and Investigations adopted by the WADA, as amended from time to time, including technical documents issued under it.

International Standard for Therapeutic Use Exemptions means the International Standard for Therapeutic Use Exemptions adopted by the WADA, as amended from time to time, including technical documents issued under the International Standard for Therapeutic Use Exemptions.

international‑level athlete means an athlete who competes in sport at the international level, as determined by the International Sporting Federation for that sport in accordance with the International Standard for Testing and Investigations.

investigator means a person appointed as an investigator by the CEO under clause 3.03.

law enforcement body means an agency responsible for the performance of functions or activities directed to:

                     (a)  the prevention, detection, investigation, prosecution or punishment of criminal offences or breaches of a law imposing a penalty or sanction for a breach; or

                     (b)  the management of property seized or restrained under laws relating to the confiscation of the proceeds of crime or the enforcement of such law, or of orders made under such laws.

major event organisation means a continental association of National Olympic Committees or other multi‑sport organisation that functions as the ruling body for a continental, regional or other international event.

marker means a compound, group of compounds or biological variable that indicates the use of a prohibited substance or a prohibited method.

metabolite means a substance produced by a biotransformation process.

minor means a natural person who has not reached the age of 18 years.

national anti‑doping organisation means the entity designated within each country as possessing the primary authority and responsibility to adopt and implement anti‑doping rules, direct the collection of samples, the management of test results and the conduct of hearings, all at the national level. If this designation has not been made by the competent public authority, the entity is the country’s national Olympic committee or its designee. The national anti‑doping organisation for Australia is ASADA.

national event means a sport event or competition involving international‑level or national‑level athletes that is not an international event.

national‑level athlete means an athlete in the CEO’s registered testing pool or domestic testing pool or an athlete who participates in or prepares for an event, training camp, exhibition or practice organised or sanctioned by his or her national sporting organisation or professional league.

national Olympic committee, for a country, means the organisation recognised as such by the International Olympic Committee. The national Olympic committee for Australia is the Australian Olympic Committee.

non‑presence anti‑doping rule violation means an anti‑doping rule violation, other than an anti‑doping rule violation provided for by clause 2.01A (which relates to the presence of a prohibited substance or its metabolites or markers in an athlete’s sample).

out‑of‑competition: something occurs out‑of‑competition if it does not occur in‑competition.

participant means an athlete or support person.

personal interest, for the collection or outcome of the testing of a sample, has the meaning given by clause 1.08.

possession, in relation to a prohibited substance or prohibited method, has the meaning given by subclause 2.01F(3).

prohibited list means the list identifying prohibited substances and prohibited methods published by WADA, as in force from time to time.

prohibited method means a method so described on the prohibited list.

prohibited substance means a substance so described, or a substance in a class of substances so described, on the prohibited list.

publicly disclose means to disseminate or distribute information to the general public or persons beyond those persons entitled to earlier notification in accordance with the NAD scheme or a sporting organisation’s anti‑doping policy.

regional anti‑doping organisation means a regional entity designated by member countries to coordinate and manage delegated areas of their national anti‑doping programs, which may include any or all of the following:

                     (a)  the adoption and implementation of anti‑doping rules;

                     (b)  the planning and collection of samples;

                     (c)  the management of results;

                     (d)  the review of therapeutic use exemptions;

                     (e)  the conduct of hearings;

                      (f)  the conduct of educational programs at a regional level.

registered testing pool means the pool of highest priority athletes for testing, established separately at the international level by International Sporting Federations, and at the national level by national anti‑doping organisations or regional anti‑doping organisations, who are subject to focused in‑competition and out‑of‑competition testing as part of the test distribution plan of an International Sporting Federation, or a national anti‑doping organisation or regional anti‑doping organisation.

Note:          Athletes in the CEO’s registered testing pool may be asked for whereabouts information (see clause 3.09). A failure to provide such information may involve a possible anti‑doping rule violation under clause 2.01D.

relevant national sporting organisation, for 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; or

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

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

relevant sporting organisation, for 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.

representative, for an athlete, means:

                     (a)  a person chosen by the athlete to accompany the athlete to the extent permissible under the International Standard for Testing and Investigations, while a sample is collected from the athlete (the collection process); or

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

response period, for a notice given to a participant by the CEO under Part 4 of this Schedule, means:

                     (a)  the period of 10 days after the participant receives the notice; or

                     (b)  if the CEO considers that a shorter period is reasonably necessary due to the circumstances (for example, because of a forthcoming international event or national event)—a shorter period specified in the notice; or

                     (c)  a longer period notified by the CEO in writing to the participant.

sporting tribunal means CAS or a body approved by the CEO that convenes from time to time to hear allegations of anti‑doping rule violations against athletes, support persons and other persons in order to:

                     (a)  determine whether an anti‑doping rule violation has occurred; and

                     (b)  determine appropriate sanctions where an anti‑doping rule violation is found to have been committed; or

                     (c)  hear appeals.

substantial assistance, by a person, means:

                     (a)  full disclosure in a signed written statement of all information that a person possesses in relation to anti‑doping rule violations, which information must be credible and must comprise an important part of any case that is initiated or, if no case is initiated, must have provided a sufficient basis on which a case could have been brought; and

                     (b)  full cooperation with the investigation and adjudication of any case related to that information, including for example, presentation of testimony at a hearing if requested to do so by an anti‑doping organisation or hearing panel.

tampering has the meaning given by subclause 2.01E(2).

testing means the parts of the doping control process involving test distribution planning, sample collection, sample handling and sample transport to the laboratory.

therapeutic use exemption means an exemption (however described) granted to an athlete by a TUE committee, in accordance with the World Anti‑Doping Code and the International Standard for Therapeutic Use Exemptions, that authorises the athlete to use a prohibited substance or a prohibited method for therapeutic purposes.

trafficking, in relation to a prohibited substance or prohibited method, has the meaning given by subclause 2.01G(2).

TUE committee means a therapeutic use exemptions committee established by an anti‑doping organisation and constituted in accordance with the International Standard for Therapeutic Use Exemptions, including ASDMAC within Australia.

use, in relation to a prohibited substance or prohibited method, has the meaning given by subclause 2.01B(4).

whereabouts information has the meaning given by subclause 3.09(1).

1.06  Classes of athletes subject to the NAD scheme

             (1)  Persons who compete in sport are subject to the NAD scheme if the sport has an anti‑doping policy.

Note:          A person who competes in sport and who is subject to the NAD scheme is an athlete (see section 4 of the Act).

          (1A)  The anti‑doping rules apply to all athletes.

             (2)  The following classes of athletes may be tested by the CEO under the NAD scheme:

                     (a)  athletes in the CEO’s registered testing pool;

                     (b)  athletes in the CEO’s domestic testing pool;

                     (c)  international‑level athletes;

                     (d)  athletes who compete in international events;

                     (e)  athletes who compete in national events;

                      (f)  athletes for whom the CEO is required or permitted to test under a contract or an anti‑doping arrangement;

                     (g)  athletes in the registered testing pool of an International Sporting Federation, or a national anti‑doping organisation or regional anti‑doping organisation;

                     (h)  athletes who are present in Australia at the time of the testing;

                      (i)  athletes serving a period of ineligibility.

1.07  Classes of support persons subject to the NAD scheme

             (1)  Support persons involved in a sport with an anti‑doping policy are subject to the NAD scheme.

             (2)  The anti‑doping rules apply to all support persons subject to the NAD scheme.

1.08  Meaning of personal interest

             (1)  For the NAD scheme, if 1 of the circumstances mentioned in subclause (2) exists for a person, the 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)  the investigation of an anti‑doping rule violation; or

                     (c)  the compliance by a sporting administration body with the sporting administration body rules; or

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

             (2)  The circumstances 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 participates, or is involved, in the administration of a sport in which the athlete competes; or

                     (c)  the person is a member of, or is involved in the administration of, a sporting organisation of which the athlete is a member; or

                     (d)  a sample of an athlete was collected, or is to be collected, at, or for, 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.

Note:          Provisions of the Public Service Act 1999 and the Act also relate to conflict of interest with respect to the CEO, ASADA representatives and ASADA staff. Nothing in the NAD scheme limits the operation of those provisions.

Part 2The Rules

Division 2.1Anti‑doping rules

2.01  Anti‑doping rules—general

             (1)  This Division contains the anti‑doping rules. An anti‑doping rule is a provision that provides that a particular circumstance, or particular conduct, constitutes a violation of an anti‑doping rule. The ADRVP makes assertions about possible anti‑doping rule violations.

             (2)  Athletes and support persons are responsible for knowing what constitutes an anti‑doping rule violation and the substances and methods that have been included on the prohibited list.

2.01A  Presence in athlete’s sample of prohibited substance, or metabolites or markers

             (1)  Presence of a prohibited substance or its metabolites or markers in an athlete’s sample constitutes a violation of an anti‑doping rule.

             (2)  It is each athlete’s personal duty to ensure that no prohibited substance enters his or her body. Athletes are responsible for a prohibited substance or its metabolites or markers found to be present in their samples. Accordingly, it is not necessary that intent, fault, negligence or knowing use on the athlete’s part be demonstrated in order to establish an anti‑doping rule violation under this clause.

             (3)  Sufficient proof of an anti‑doping rule violation under this clause is established:

                     (a)  by the presence of a prohibited substance or its metabolites or markers in the athlete’s A sample if the athlete waives analysis of the B sample and the B sample is not analysed; or

                     (b)  if the athlete’s B sample is analysed and the analysis of the athlete’s B sample confirms the presence of the prohibited substance or its metabolites or markers found in the athlete’s A sample; or

                     (c)  if the athlete’s B sample is split into 2 parts and the analysis of the second part confirms the presence of the prohibited substance or its metabolites or markers found in the first part.

             (4)  Excepting those substances for which a quantitative threshold is specifically identified in the prohibited list, the presence of any quantity of a prohibited substance or its metabolites or markers in an athlete’s sample constitutes a violation of an anti‑doping rule.

             (5)  As an exception to the general rule established by this clause, the prohibited list or International Standards may establish special criteria for the evaluation of prohibited substances that can also be produced endogenously.

2.01B  Use or attempted use by an athlete of a prohibited substance or a prohibited method

             (1)  Use or attempted use by an athlete of a prohibited substance or a prohibited method constitutes a violation of an anti‑doping rule.

             (2)  It is each athlete’s personal duty to ensure that no prohibited substance enters his or her body and that no prohibited method is used. Accordingly, it is not necessary that intent, fault, negligence or knowing use on the athlete’s part be demonstrated in order to establish an anti‑doping rule violation under this clause.

             (3)  The success or failure of the use or attempted use of a prohibited substance or prohibited method is not material. It is sufficient that the prohibited substance or prohibited method was used or attempted to be used for an anti‑doping rule violation to be committed.

             (4)  In the NAD scheme:

use, in relation to a prohibited substance or prohibited method, means the utilisation, application, ingestion, injection or consumption by any means of the prohibited substance or prohibited method.

2.01C  Evading, refusing or failing to submit to sample collection

                   Evading sample collection or, without compelling justification, refusing or failing to submit to sample collection after notification as authorised in applicable anti‑doping rules, constitutes a violation of an anti‑doping rule.

2.01D  Whereabouts failures

                   Any combination of 3 missed tests or filing failures (or both), as defined in the International Standard for Testing and Investigations, within a 12 month period by an athlete in a registered testing pool, constitutes a violation of an anti‑doping rule.

2.01E  Tampering or attempted tampering with any part of doping control

             (1)  Tampering or attempted tampering with any part of doping control, being conduct that subverts the doping control process, but that would not otherwise constitute a prohibited method, constitutes a violation of an anti‑doping rule. This includes, without limitation, any or all of the following:

                     (a)  intentionally interfering or attempting to interfere with a doping control official;

                     (b)  providing fraudulent information to an anti‑doping organisation;

                     (c)  intimidating or attempting to intimidate a potential witness.

             (2)  In the NAD scheme:

tampering means any or all of the following:

                     (a)  altering for an improper purpose or in an improper way;

                     (b)  bringing improper influence to bear;

                     (c)  interfering improperly;

                     (d)  obstructing, misleading or engaging in any fraudulent conduct, to alter results or prevent normal procedures from occurring.

2.01F  Possession of prohibited substances and prohibited methods

             (1)  Possession by an athlete in‑competition of a prohibited method or a prohibited substance, or possession by an athlete out‑of‑competition of a prohibited method or a prohibited substance that is prohibited out‑of‑competition, constitutes a violation of an anti‑doping rule, unless the athlete establishes that the possession is authorised by a therapeutic use exemption or other acceptable justification.

             (2)  Possession by a support person in‑competition of a prohibited method or a prohibited substance, or possession by a support person out‑of‑competition of a prohibited method or a prohibited substance that is prohibited out‑of‑competition in connection with an athlete, competition or training, constitutes a violation of an anti‑doping rule, unless the support person establishes that the possession is authorised by a therapeutic use exemption granted to an athlete or other acceptable justification.

             (3)  In the NAD scheme:

possession by a person of a prohibited substance or prohibited method means (subject to subclauses (4), (5) and (6)):

                     (a)  actual physical possession; or

                     (b)  constructive possession (which can be found only if the person has exclusive control, or intends to exercise control, over the prohibited substance or prohibited method, or the premises in which the prohibited substance or prohibited method exists).

             (4)  Despite paragraph (b) of the definition of possession in subclause (3), if a person does not have exclusive control over a prohibited substance or prohibited method, or premises in which a prohibited substance or prohibited method exists, constructive possession can only be found if the person knew about the presence of the prohibited substance or prohibited method and intended to exercise control over it.

             (5)  Despite the definition of possession in subclause (3), a person is taken not to have possession of a prohibited substance or prohibited method if, before receiving notification of any kind that the person has committed an anti‑doping rule violation, the person:

                     (a)  has taken concrete action demonstrating that the person never intended to have possession of the prohibited substance or prohibited method; and

                     (b)  has renounced possession of the prohibited substance or prohibited method by explicitly declaring it to an anti‑doping organisation.

             (6)  The purchase (including by any electronic or other means) of a prohibited substance or prohibited method constitutes possession by the person who makes the purchase.

2.01G  Trafficking or attempted trafficking in a prohibited substance or prohibited method

             (1)  Trafficking or attempted trafficking in a prohibited substance or prohibited method constitutes a violation of an anti‑doping rule.

             (2)  In the NAD scheme:

trafficking, in relation to a prohibited substance or prohibited method:

                     (a)  means selling, giving, transporting, sending, delivering or distributing (or possessing for any such purpose) a prohibited substance or prohibited method (either physically or by any electronic or other means) by a participant to any third party; but

                     (b)  does not include:

                              (i)  the actions of bona fide medical personnel involving a prohibited substance that is used for genuine and legal therapeutic purposes, or with another acceptable justification; or

                             (ii)  actions involving prohibited substances that are not prohibited in out‑of‑competition testing unless the circumstances as a whole demonstrate such prohibited substances are not intended for genuine and legal therapeutic purposes or are intended to enhance sport performance.

2.01H  Administration or attempted administration of a prohibited substance or prohibited method

             (1)  Administration or attempted administration to an athlete in‑competition of a prohibited substance or prohibited method, or administration or attempted administration to an athlete out‑of‑competition of a prohibited substance or prohibited method that is prohibited out‑of‑competition, constitutes a violation of an anti‑doping rule.

             (2)  In the NAD scheme:

administration, in relation to a prohibited substance or prohibited method:

                     (a)  means providing, supplying, supervising, facilitating, or otherwise participating in, the use or attempted use by another person of a prohibited substance or prohibited method; but

                     (b)  does not include:

                              (i)  the actions of bona fide medical personnel involving a prohibited substance that is used for genuine and legal therapeutic purposes, or with another acceptable justification; or

                             (ii)  actions involving prohibited substances that are not prohibited in out‑of‑competition testing unless the circumstances as a whole demonstrate such prohibited substances are not intended for genuine and legal therapeutic purposes or are intended to enhance sport performance.

2.01J  Complicity

                   Assisting, encouraging, aiding, abetting, conspiring, covering‑up or any other type of intentional complicity involving an anti‑doping rule violation, or a violation of Article 10.12.1 of the World Anti‑Doping Code, by another person constitutes a violation of an anti‑doping rule.

2.01K  Prohibited association

             (1)  Association by a participant in a professional or sport‑related capacity with a support person (a disqualified support person) described in Article 2.10.1, 2.10.2 or 2.10.3 of the World Anti‑Doping Code constitutes a violation of an anti‑doping rule if:

                     (a)  the participant has been given a warning notice under subclause (3) in relation to the disqualified support person; and

                     (b)  the notice is in force at the time of the association.

             (2)  The burden is on the participant to establish that any association with a disqualified support person is not in a professional or sport‑related capacity.

Giving warning notices

             (3)  The CEO may give a participant a warning notice under this subclause if:

                     (a)  the CEO is satisfied:

                              (i)  that the participant has associated in a professional or sport‑related capacity with a person; and

                             (ii)  that the person with whom the participant has associated is a disqualified support person; and

                            (iii)  that the participant can reasonably avoid such an association in the future; and

                     (b)  the CEO has complied with subclauses (5) and (6) (submissions).

             (4)  A warning notice under subclause (3) must:

                     (a)  be in writing; and

                     (b)  state the following:

                              (i)  the name of the disqualified support person;

                             (ii)  that the CEO is satisfied of the matters mentioned in paragraph (3)(a) and the CEO’s reasons for being satisfied of those matters;

                            (iii)  the effect of subclause (1).

Submissions about warning notice

             (5)  Before the CEO gives a participant a warning notice under subclause (3), the CEO must:

                     (a)  give the participant a written notice:

                              (i)  stating the matters mentioned in subparagraphs (4)(b)(i) and (ii) and the effect of subclause (1) if the warning notice is given; and

                             (ii)  inviting the participant to give the CEO a written submission, within the period of 15 days after the date of the notice (the submission period), as to whether the warning notice should be given; and

                     (b)  take reasonable steps to give the disqualified support person a written notice:

                              (i)  stating that the CEO is satisfied that the person is a disqualified support person; and

                             (ii)  inviting the person to give the CEO a written submission, within the period of 15 days after the date of the notice (the submission period), as to why the person is not a disqualified support person.

             (6)  The CEO must not give a participant a warning notice under subclause (3) unless:

                     (a)  the submission period for the notice given under paragraph (5)(a) or (b) has ended without any submission under either of those paragraphs being made; or

                     (b)  the CEO has considered any such submission made before the end of the submission period.

             (7)  If the CEO:

                     (a)  gives a participant a notice under paragraph (5)(a); and

                     (b)  decides not to give the participant a warning notice under subclause (3);

the CEO must:

                     (c)  give the participant written notice of the CEO’s decision; and

                     (d)  take reasonable steps to give the disqualified person written notice of the CEO’s decision.

When a warning notice is in force

             (8)  A warning notice given under subclause (3):

                     (a)  comes into force on the day it is given to the participant; and

                     (b)  ceases to be in force on the earlier of:

                              (i)  the day after the disqualified support person ceases to be a disqualified support person; and

                             (ii)  the day after the notice is withdrawn under subclause (9).

Withdrawing warning notices

             (9)  If the CEO at any time is no longer satisfied of a matter mentioned in paragraph (3)(a) in relation to a warning notice given to a participant, the CEO must withdraw the warning notice by written notice given to the participant.

Freedom of association

           (10)  Subclause (1) does not apply to the extent (if any) that it would be inconsistent with Article 22 of the International Covenant on Civil and Political Rights, done at New York on 16 December 1966.

Note:          The Covenant is in Australian Treaty Series 1980 No. 23 ([1980] ATS 23) and could in 2014 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

Division 2.2Sporting Administration Body Rules

2.02  Meaning of sporting administration body in this Part

                   For this Part:

sporting administration body means a national sporting organisation for Australia.

2.03  Sporting administration body rules—powers of CEO

             (1)  For subsection 15(1) of the Act, the sporting administration body rules mentioned in Schedule 1 apply to all sporting administration bodies.

             (2)  The CEO is authorised:

                     (a)  to monitor the compliance by sporting administration bodies with the sporting administration body rules; and

                     (b)  to notify the ASC about the extent of the compliance by sporting administration bodies; and

                     (c)  to publish reports about the extent of compliance by sporting administration bodies with the sporting administration body rules.

2.04  Sporting administration body rules

                   A sporting administration body must:

                     (a)  at all times have in place, maintain and enforce anti‑doping policies and practices that comply with:

                              (i)  the mandatory provisions of the World Anti‑Doping Code and International Standards; and

                             (ii)  the NAD Scheme; and

                     (b)  not adopt its anti‑doping policy unless it has been approved by the CEO or not substantively amend its anti‑doping policy unless the amendment has been approved by the CEO; and

                     (c)  ensure that at all times it has the authority to enforce its anti‑doping policy; and

                     (d)  immediately inform the CEO of an alleged breach of its anti‑doping policy and cooperate with any investigation into the matter; and

                     (e)  provide to the CEO appropriate details or reports related to investigations, hearings, appeals and sanctions; and

                      (f)  provide the CEO 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, athlete education, information relating to events and camps, lists of athletes subject to anti‑doping policies and advice relating to athletes in the CEO’s registered testing pool and domestic testing pool; and

                     (g)  ensure that other rules and regulations of the sport do not override the provisions of its anti‑doping policy; and

                     (h)  comply with, implement and enforce its anti‑doping policy to the satisfaction of the CEO; and

                      (i)  submit to the operations of the CEO; and

                      (j)  refer all instances of possible anti‑doping rule violations to the CEO for investigation and cooperate with any investigation, as required; and

                     (k)  allow the CEO to present anti‑doping cases at hearings unless the CEO has approved the sporting administration body presenting its own case; and

                      (l)  recognise the CEO as having a right to appeal decisions relating to anti‑doping cases, including in cases the CEO has not presented the anti‑doping case at the hearing; and

                    (m)  accept assertions by the ADRVP, act on assertions by the ADRVP, ensure that a notice of an alleged anti‑doping rule violation is issued in accordance with a recommendation made by the CEO, and enforce sanctions imposed by a sporting tribunal; and

                     (n)  ensure that its members and staff cooperate with the CEO; and

                     (o)  promote information, education and other anti‑doping programs in accordance with the World Anti‑Doping Code and as requested by the CEO; and

                     (p)  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 the CEO to require from sporting organisations to which the ASC provides funding, services and support.

Part 3Testing and Investigating

Division 3.1People carrying out doping control functions

Subdivision 3.1.1ASADA representatives

3.01  Doping control officers

                   The CEO may appoint a person to be a doping control officer. A person appointed to be a doping control officer must obtain, at the CEO’s expense, appropriate clearance as required by State or Territory legislation in order to work with minors.

3.02  Chaperones

             (1)  The CEO may appoint a person to be a chaperone. A person appointed to be a chaperone must obtain, at the CEO’s expense, appropriate clearance as required by State or Territory legislation in order to work with minors.

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

3.03  Investigators

                   The CEO may appoint a person to be an investigator. A person appointed to be an investigator must obtain, at the CEO’s expense, appropriate clearance as required by State or Territory legislation in order to work with minors.

3.04  Blood collection officials

             (1)  The CEO may approve a person as a blood collection official if the CEO is satisfied on reasonable grounds that the person is qualified to perform the blood collection procedure required by the International Standard for Testing and Investigations.

             (2)  A blood collection official must carry evidence of his or her qualifications to perform blood collection procedures.

3.05  Protection from civil actions—drug testing officials

                   For paragraph 78(1)(d) of the Act, each of the following is appointed as a drug testing official:

                     (a)  a doping control officer;

                     (b)  an investigator;

                     (c)  a blood collection official.

3.06  Identity cards

             (1)  The CEO must make sure that each of the following persons carries an identity card:

                     (a)  a blood collection official;

                     (b)  a chaperone;

                     (c)  a doping control officer;

                     (d)  an investigator.

             (2)  An identity card must:

                     (a)  show for which of the roles mentioned in subclause (1) the card is given to the person; and

                     (b)  display the signature of a member of ASADA staff.

             (3)  An identity card for a person who is a chaperone or a doping control officer must display a recent photograph of the person.

             (4)  A person who ceases to have the role for which an identity card was given to the person must return the card to the CEO on the day when the person ceases to have the role.

3.07  Production of identity cards

             (1)  If an ASADA representative makes a request of a participant under the NAD scheme, the ASADA representative must produce his or her identity card.

             (2)  A participant is not required to comply with a request made by the ASADA representative until the representative produces his or her identity card.

Subdivision 3.1.2Conflict of Interest

3.08  Conflict of interest

             (1)  The CEO must make sure that the conditions of service, applicable to an ASADA representative or other representative of an anti‑doping organisation that is engaged by the CEO for the purpose of sample collection, require the representatives to report to the CEO (which may be done through the applicable anti‑doping organisation) any personal interest.

             (2)  If an ASADA representative or other representative of an anti‑doping organisation that is engaged by the CEO for the purpose of sample collection reports a personal interest in a matter mentioned in subclause (1), the CEO may:

                     (a)  direct another ASADA representative to carry out the duties of an ASADA representative in relation to the matter; or

                     (b)  direct that another representative of the anti‑doping organisation must carry out the relevant duties in relation to the matter.

Note:          For the meaning of personal interest, see clause 1.08.

Division 3.2Locating athletes

3.09  Whereabouts information for athlete

             (1)  The CEO may, by written notice, request an athlete in the CEO’s registered testing pool to give the CEO information (whereabouts information), for the purpose of contacting or locating the athlete, in accordance with the International Standard for Testing and Investigations.

Note:          A failure by an athlete to give the CEO whereabouts information may constitute a possible anti‑doping rule violation under clause 2.01D.

             (2)  If the CEO requests an athlete with an intellectual disability to give whereabouts information, the CEO must give at least one of the following persons oral or written notice of 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 for the athlete.

             (3)  The CEO may request whereabouts information from an athlete by giving the athlete’s relevant sporting administration body a written notice that:

                     (a)  includes the request for information from the athlete; and

                     (b)  asks the body to forward the request in a sealed envelope to the athlete.

             (4)  Subclause (3) does not limit the manner in which a request for whereabouts information may be given.

Division 3.3Requests for samples

3.12  Purposes for which samples may be requested, collected and tested

             (1)  For this Part, a sample may be requested, collected and tested for 1 or more of the following purposes (anti‑doping purposes):

                     (a)  to detect the presence of a prohibited substance or use of a prohibited method in the sample;

                     (b)  to assist in investigation of a possible anti‑doping rule violation;

                     (c)  to detect the presence of a substance that is the subject of a monitoring program by WADA;

                     (d)  to assist an anti‑doping organisation in profiling biological parameters in the sample;

                     (e)  for research, if subclauses (2) and (3) are complied with;

                      (f)  to comply with a request from another national anti‑doping organisation, a regional anti‑doping organisation or an International Sporting Federation.

             (2)  The CEO may use a sample for research, with the written consent of the athlete who provided the sample.

             (3)  Before using a sample for research, the CEO must ensure that it is no longer possible to identify the athlete who provided the sample.

3.13  International Standard to be followed

                   A request for a sample and sample collection made under this Division must substantially comply with the procedures for the making of a request for and collection of a sample mentioned in the International Standard for Testing and Investigations.

3.14  The CEO may ask athlete for, and collect, samples

             (1)  The CEO may ask an athlete to give the CEO a sample for an anti‑doping purpose.

             (2)  The CEO may collect a sample from an athlete for an anti‑doping purpose at any time.

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

             (4)  The CEO may ask an athlete, a TUE committee or a sporting administration body, to provide information about a sample.

3.15  The CEO may ask sporting administration body or anti‑doping organisation to request sample

                   The CEO may ask a sporting administration body or anti‑doping organisation to arrange for an athlete to be requested to give a sample for an anti‑doping purpose.

3.16  Request to give sample

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

             (2)  The request must include 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:          The CEO 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)  The information must be given:

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

                     (b)  as soon as practicable afterwards.

             (4)  The request may be accompanied by a request for the athlete to provide the requester with photo identification.

             (5)  The request may be made without giving the athlete any advance notice of the request.

             (6)  If an intellectually disabled athlete is asked for a sample, the requester 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.

             (7)  If it would be unreasonable to require the athlete to go to the stated place at the stated time, the requester may agree with the athlete to collect the sample at a different time or place.

             (8)  If the CEO is having difficulty finding an athlete in order to make a request under subclause 3.16(1), the CEO may ask for help in finding the athlete from:

                     (a)  a relevant sporting administration body; or

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

                     (c)  a government agency; or

                     (d)  an anti‑doping organisation.

             (9)  In this Division:

requester means:

                     (a)  the CEO; or

                     (b)  a sporting administration body or anti‑doping organisation that the CEO has asked under clause 3.15 to arrange for an athlete to give a sample.

3.17  The CEO to engage an interpreter

             (1)  This clause applies if a requester asks an athlete for a sample or for information relating to a possible anti‑doping rule violation under this Division.

             (2)  The requester must make reasonable efforts to ensure that its request is understood.

             (3)  If the requester believes the athlete is unable to receive or understand the request for a sample (eg because the athlete is deaf), the requester may communicate with the athlete through an interpreter.

             (4)  If the requester needs to give notice of the request for a sample to a person mentioned in paragraph 3.16(6)(a), (b), (c) or (d) and the requester believes that person is unable to understand English, or otherwise has difficulty communicating in English, the requester may communicate with the person through an interpreter.

3.18  The CEO to pay athlete’s expenses

             (1)  This clause applies if a place stated under paragraph 3.16(2)(a) is more than 50 kilometres from the place where the request is received.

             (2)  The CEO 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)  The CEO 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.

3.19  Retired athletes

             (1)  Subclause (2) applies if:

                     (a)  an athlete has been asked for a sample under this Division; and

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

             (2)  The CEO may ask a sporting administration body to inform the CEO 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 CEO may decide that the athlete is not required to give the sample if the CEO is satisfied that, before the time the sample is to be given, the athlete has retired from taking part in sporting competition.

3.20  What athlete may do before giving sample

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

                     (a)  participate in a victory ceremony; or

                     (b)  fulfil media commitments; or

                     (c)  compete in further competitions; or

                     (d)  perform a warm down; or

                     (e)  obtain or receive necessary medical treatment; or

                      (f)  locate a representative or interpreter; or

                     (g)  obtain photo identification; or

                     (h)  complete a training session; or

                      (i)  do anything else that is justifiable in the circumstances.

             (2)  The athlete must remain continuously chaperoned while doing anything mentioned in subclause (1).

             (3)  A chaperone must not refuse a reasonable request by an athlete for consent under subclause (1) but must refuse a request if it will not be possible for the athlete to be continuously chaperoned.

             (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.

             (5)  The doping control officer or chaperone must document a request by an athlete for consent under subclause (1) and details of subsequent activity of the athlete.

3.21  Right to a representative

             (1)  An athlete who has been asked to give a sample is entitled to be accompanied by a representative during the sample collection session except when the athlete is passing a urine sample. In particular an athlete who is a minor must be provided with the opportunity to be accompanied by a representative of his or her choice.

             (2)  If an athlete who is a minor has been asked to give a sample, the athlete’s representative may observe the chaperone when the minor athlete is passing a urine sample, but not directly observe the passing of the urine sample unless requested to do so by the minor athlete.

             (3)  If an athlete who is a minor has been asked to give a sample, the chaperone observing the minor passing a urine sample is also entitled to be accompanied by a representative during the sample collection session. The representative may observe the chaperone when the minor athlete is passing a urine sample, but not directly observe the passing of the urine sample.

             (4)  If an athlete with a disability has been asked to give a sample, the athlete’s representative may assist the athlete during the entire sample collection session if authorised by the athlete and agreed to by the doping control officer.

Division 3.4Analysing samples

3.22  What the CEO may do with samples

             (1)  This clause applies if:

                     (a)  an athlete has been asked for a sample under this Division; and

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

             (2)  The CEO may:

                     (a)  for a blood sample—centrifuge the sample to separate serum from whole blood for transport of the serum to a laboratory; and

                     (b)  for a urine sample—test the specific gravity and acidity (pH level) of the sample to determine its suitability for analysis; and

                     (c)  take any other actions in relation to the sample that are reasonable necessary to fulfil an anti‑doping purpose.

3.23  The CEO may ask laboratory to test samples

             (1)  This clause applies to a sample:

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

                     (b)  whether or not the CEO has done anything with the sample under clause 3.22.

             (2)  The CEO may ask a recognised laboratory to analyse the sample for an anti‑doping purpose.

Note:          For anti‑doping purposes, see clause 3

3.24  World Anti‑Doping Code procedures to be followed

                   An analysis of a sample made under this Division must comply, or substantially comply, with the procedures for analysis of a sample mentioned in the World Anti‑Doping Code and International Standards.

Note:          The World Anti‑Doping Code is available at the following website address: http://www.wada‑ama.org.

3.25  Retention and further analysis of samples

             (1)  This clause applies if:

                     (a)  the CEO has asked a recognised laboratory to analyse a sample given by an athlete under the NAD scheme; and

                     (b)  there is a B sample; and

                     (c)  the B sample has not been used for analysis under the NAD scheme.

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

             (3)  If the result of the analysis of the A sample is negative, the recognised laboratory must keep any remaining A sample and the B sample for at least 90 days, or longer as requested by the CEO.

             (4)  The CEO may, at any time, analyse and store the A or B sample or use the result of such an analysis for an anti‑doping purpose.

             (5)  The CEO may ask a recognised laboratory to store, analyse or reanalyse a sample for an anti‑doping purpose at any time.

Note:          There is a 10 year time limit on taking action in relation to a matter: see clause 4.23.

3.26  Ownership of samples

             (1)  A sample collected from an athlete at the CEO’s initiative is the property of the CEO.

             (2)  The CEO may transfer ownership of a sample collected from an athlete at the CEO’s initiative to another anti‑doping organisation exercising results management authority in relation to the sample.

Division 3.4ARequest to attend interview, give information or produce documents

3.26A  Request

                   The CEO is authorised to request a specified person to do one or more of the following within a specified period:

                     (a)  attend an interview to answer questions;

                     (b)  give information of a specified kind;

                     (c)  produce documents or things of a specified kind;

if the CEO reasonably believes that the person has information, documents or things that may be relevant to the administration of the NAD scheme.

Note 1:       See paragraph 13(1)(ea) of the Act.

Note 2:       Subclause (1) is additional to the CEO’s authority, conferred under paragraph 13(1)(f) of the Act, to investigate possible violations of the anti‑doping rules. Under that authority, an investigation may include interviewing persons and requesting information, documents or other things.

Division 3.4BRequirement to attend interview, give information or produce documents

3.26B  Requirement

Authority to give disclosure notice

             (1)  The CEO is authorised to give a person a written notice (a disclosure notice) requiring the person to do one or more of the following within the period specified in the notice:

                     (a)  attend an interview to answer questions;

                     (b)  give information of the kind specified in the notice;

                     (c)  produce documents or things of the kind specified in the notice.

Note:          See subsection 13A(1) of the Act.

             (2)  The CEO must not give a disclosure notice to the person unless:

                     (a)  the CEO declares in writing that the CEO reasonably believes that the person has information, documents or things that may be relevant to the administration of the NAD scheme; and

                     (b)  if:

                              (i)  the person is a registered medical practitioner; and

                             (ii)  the notice is given to the person in his or her capacity as a registered medical practitioner;

                            the CEO declares in writing that the CEO reasonably believes that the person has been involved, in that capacity, in the commission, or attempted commission, of a possible violation of the anti‑doping rules; and

                     (c)  3 ADRVP members agree in writing that the belief mentioned in paragraph (a) (and, if applicable, paragraph (b)) is reasonable.

Note:          See subsection 13A(1A) of the Act.

             (3)  A person who is given a disclosure notice has the right to be notified in writing of the possible consequences of a failure to comply with the notice.

Note:          See subsection 13A(3) of the Act.

Administration relating to disclosure notice

             (4)  For paragraph 13A(2)(a) of the Act:

                     (a)  the agreement of an ADRVP member under paragraph (2)(c) may be given in electronic form; and

                     (b)  a disclosure notice may be in electronic form; and

                     (c)  the CEO may give a disclosure notice by electronic means.

Content of disclosure notice

             (5)  For paragraph 13A(2)(a) of the Act, a disclosure notice must include the following:

                     (a)  the name of the person to whom the notice is given (the recipient);

                     (b)  a statement that the recipient is required to do one or more of the following:

                              (i)  attend an interview to answer questions;

                             (ii)  give information of the kind specified in the notice;

                            (iii)  produce documents or things of the kind specified in the notice;

                     (c)  the possible consequences of a failure to comply with the notice;

                     (d)  information about how to contact the ASADA.

Note:          ASADA will be able to discuss with the recipient the general purpose of the interview and other administrative arrangements about the interview.

             (6)  If the disclosure notice requires the recipient to attend an interview to answer questions, the notice must also include the following:

                     (a)  the date and time of the interview, which must be:

                              (i)  at least 14 days after the date of the notice; or

                             (ii)  if exceptional circumstances exist—after the end of a different period specified in the notice;

                     (b)  the location of the interview;

                     (c)  a statement that:

                              (i)  the recipient may contact the CEO, within the period stated in the notice, to offer a different date, time or location of the interview on the ground that the proposed date, time or location would cause undue hardship to the person; and

                             (ii)  the recipient must give details of the hardship; and

                            (iii)  the CEO may agree to another date, time or location, but is not required to do so; and

                            (iv)  if the CEO agrees to another date, time or location, the CEO will, as soon as practicable, give the recipient a replacement disclosure notice stating the date, time and location; and

                             (v)  if the CEO has not agreed to another date, time or location by the date stated in the notice, the interview will be conducted at the date, time and location stated in the notice;

                     (d)  a statement that the interview may be conducted over more than one day if it is appropriate;

                     (e)  a statement that the recipient must attend the interview;

                      (f)  a statement that the recipient is excused from complying with a requirement to answer a question if the answer to the question might tend to incriminate the recipient or expose the recipient to a penalty;

                     (g)  a statement that:

                              (i)  the recipient may be accompanied at the interview; and

                             (ii)  if the recipient proposes to be accompanied by a person who is not a qualified legal practitioner representing the recipient, the recipient must notify the CEO, in writing, of the other person’s name by the time specified in the notice; and

                            (iii)  if the recipient does not notify the CEO, in writing, of the other person’s name within that period, the person conducting the interview may decide whether to allow the recipient to be accompanied for the purposes of the interview by another person who is not a qualified legal practitioner representing the recipient;

                     (h)  a statement that if the recipient is under 18, the recipient may be accompanied for the purposes of the interview by:

                              (i)  one other person; or

                             (ii)  a qualified legal practitioner representing the recipient and one other person who is not a qualified legal practitioner representing the recipient.

Note 1:       Regulation 3.26D explains the exceptional circumstances mentioned in paragraph (a).

Note 2:       The standard period within which the person may offer a different date, time or location of the interview is expected to be 5 days from the date the notice is given to the person. The period will be set having regard to the person’s circumstances and the requirements of the particular investigation.

Note 3:       Section 13D of the Act relates to protections against self‑incrimination.

             (7)  If the CEO agrees with a recipient under subclause (6) to a different date, time or location of an interview:

                     (a)  the CEO is authorised to give the recipient a replacement disclosure notice requiring the recipient to do one or more of the following within the period specified in the notice:

                              (i)  attend an interview to answer questions;

                             (ii)  give information of the kind specified in the notice;

                            (iii)  produce documents or things of the kind specified in the notice; and

                     (b)  the CEO is not required to consult again with the 3 ADRVP members mentioned in paragraph (2)(c); and

                     (c)  the notice must include:

                              (i)  the date, time and location of the interview; and

                             (ii)  the statements in paragraphs (6)(d), (e) and (f).

Note:          An agreement about the date, time and location of the interview does not affect the CEO’s belief that the recipient has information, documents or things that may be relevant to the administration of the NAD scheme.

             (8)  If the disclosure notice requires the recipient to give information, the notice must also include the following information:

                     (a)  a statement that the recipient must give the information to the CEO by the date, or the time and date, specified in the notice;

                     (b)  a statement that if the recipient is an individual, the recipient is excused from complying with a requirement to give the information if the information might tend to incriminate the recipient or expose the recipient to a penalty;

                     (c)  a statement that if the recipient:

                              (i)  is an individual; and

                             (ii)  does not possess information specified in the notice; and

                            (iii)  has taken all reasonable steps available to the recipient to obtain the information and has been unable to obtain it;

                            the recipient may give the CEO a statutory declaration stating those matters;

                     (d)  a statement that if the recipient:

                              (i)  is not an individual; and

                             (ii)  does not possess information specified in the notice; and

                            (iii)  has taken all reasonable steps available to the recipient to obtain the information and has been unable to obtain it;

                            an individual acting for the recipient may give the CEO a statutory declaration stating those matters.

Note:          Section 13D of the Act relates to protections against self‑incrimination.

             (9)  If the disclosure notice requires the recipient to produce documents or things, the notice must also include the following information:

                     (a)  a statement that the recipient must produce the documents or things to the CEO by the date, or the time and date, specified in the notice;

                     (b)  a statement that the recipient is not excused from producing a document or thing specified in the notice on the ground that the document or thing might tend to incriminate the recipient or expose the recipient to a penalty;

                     (c)  a statement that if the recipient:

                              (i)  does not possess a document or thing specified in the notice; and

                             (ii)  has taken all reasonable steps available to the recipient to obtain the document or thing and has been unable to obtain it;

                            the recipient may give the CEO a statutory declaration stating those matters;

                     (d)  a statement that if the recipient is an individual, none of the following:

                              (i)  the document or thing produced;

                             (ii)  the producing of the document or thing;

                            (iii)  any information, document or thing obtained as a direct or indirect consequence of producing the document or thing;

                            is admissible in evidence against the recipient in:

                            (iv)  criminal proceedings, other than proceedings for an offence against section 137.1 (false or misleading information) or 137.2 (false or misleading documents) of the Criminal Code that relates to this Act; or

                             (v)  any proceedings that would expose the recipient to a penalty, other than proceedings in connection with the Act or regulations made under the Act;

                     (e)  a statement that proceedings (however described) before a sporting administration body or the Court of Arbitration for Sport or other sporting tribunal that relate to sports doping and safety matters are proceedings in connection with the Act or regulations made under the Act.

Note:          Section 13D of the Act relates to protections against self‑incrimination.

3.26C  Form and conduct of an interview

             (1)  For paragraph 13A(2)(b) of the Act, this clause provides for the form and conduct of an interview that has been required under clause 3.26B.

Form of interview

             (2)  The person conducting the interview (the interviewer) may arrange for the interview to be conducted in person or in another form.

Examples:  A teleconference or videoconference.

             (3)  The interviewer may arrange for the interview to be recorded in any form.

Assistance of another person or other persons

             (4)  Subject to subclauses (5) and (6):

                     (a)  a person (the interviewee) who is given a disclosure notice and is at least 18 may be accompanied for the purposes of the interview by one other person; and

                     (b)  a person (the interviewee) who is given a disclosure notice and is under 18 may be accompanied for the purposes of the interview by:

                              (i)  one other person; or

                             (ii)  a qualified legal practitioner representing the interviewee and one other person who is not a qualified legal practitioner representing the interviewee.

Note:          If the interviewee is under 18, the interviewee should consider being accompanied by the interviewee’s parent or guardian.

             (5)  If the interviewee does not notify the CEO of the name of another person in accordance with the disclosure notice, the interviewer may decide whether to allow the interviewee to be accompanied for the purposes of the interview by another person who is not a qualified legal practitioner representing the interviewee.

Note:          See paragraph 3.26B(6)(g).

             (6)  If the interviewer or the CEO reasonably believes that the presence of a person who proposes to accompany an interviewee, or is accompanying the interviewee, may compromise, hinder or obstruct an investigation, the interviewer:

                     (a)  must inform the interviewee of that belief; and

                     (b)  must inform the interviewee that the other person:

                              (i)  cannot attend the interview; or

                             (ii)  can no longer attend the interview; and

                     (c)  must not allow the other person to:

                              (i)  attend the interview; or

                             (ii)  continue to attend the interview; and

                     (d)  must give the interviewee a reasonable opportunity to propose another person to accompany the interviewee for the purposes of the interview; and

                     (e)  may suspend the interview until the interviewee has arranged for another person.

Examples:  Possible grounds on which the interviewer or the CEO could reasonably believe that the presence of a person may compromise, hinder or obstruct an investigation are where the person

(a)    is, or may become, the subject of an investigation; or

(b)    is, or may become, a witness in an investigation, or

(c)    is under a sanction for an anti‑doping rule violation.

Costs

             (7)  The interviewee is not entitled to payment relating to any cost relating to a disclosure notice.

3.26D  Exceptional circumstances

             (1)  This section applies if:

                     (a)  the 3 ADRVP members mentioned in paragraph 3.26B(2)(c) agree that the CEO’s belief mentioned in paragraph 3.26B(2)(a) (and, if applicable, paragraph 3.26B(2)(b)) is reasonable; and

                     (b)  the CEO also asks the members to consider whether a circumstance proposed by the CEO would be an exceptional circumstance for paragraph 3.26B(6)(a).

             (2)  The ADRVP members must advise the CEO whether the proposed circumstance is exceptional.

Note:          Under subparagraph 3.26B(6)(a), an interview cannot be held within a period specified in a disclosure notice, including a period specified because exceptional circumstances exist.

                   Matters that could be relevant in a particular case include the following:

(a)    a person is about to leave Australia;

(b)    a person is currently engaged in an international competition;

(c)    a person is likely to be engaged in an international competition at a particular time;

(d)    it would be reasonable to believe that an individual may be at risk of serious health issues over a particular period as a result of the alleged use of a substance.

             (3)  The advice of an ADRVP member under subclause (2) may be in electronic form.

3.26E  Retaining and copying documents produced in response to a disclosure notice

                   For subsection 13B(2) of the Act, if the CEO has taken possession of a document or thing produced in response to a disclosure notice, the CEO must ensure that the document or thing is returned to the person from whom it was taken as soon as practicable after it is no longer necessary for the CEO to retain possession of it.

Note 1:       Subsection 13B(3) of the Act requires the CEO to allow a person who would otherwise be entitled to inspect the document or view the thing to do so at the times that the person would ordinarily be able to do so.

Note 2:       It may be necessary for the CEO to retain possession of the document or thing if:

(a)    an investigation into a possible violation of the anti‑doping rules to which the disclosure notice relates is incomplete; or

(b)    the deliberations or decisions of a sporting administration body in relation to a matter relating to, or arising under, the NAD scheme and relating to the disclosure notice are incomplete; or

(c)    any other action by a court, tribunal or other body or person for review of a decision under the NAD scheme relating to the disclosure notice is incomplete, or has not yet been sought.

Note 3:       If the CEO has not obtained the document or thing from another person, the document or thing will be kept in compliance with Commonwealth law.

Division 3.5Investigations

3.27  Investigations

             (1)  For paragraph 13(1)(f) of the Act, the CEO is authorised to investigate possible violations of the anti‑doping rules.

             (2)  An investigation must comply, or substantially comply, with the procedures mentioned in:

                     (a)  the World Anti‑Doping Code; and

                     (b)  the International Standards.

             (3)  A failure to comply with those procedures does not affect the validity of the investigation.

Part 4Results management

Division 4.1Adverse analytical findings

4.01  Review by CEO

             (2)  If the CEO receives notice from a recognised laboratory of an atypical finding or an adverse analytical finding in relation to an A sample provided by an athlete, the CEO must review, for irregularity or departures from the relevant international standards, the documentation relevant to the sample collection session and the laboratory analysis.

             (3)  If there is an irregularity or departure from the relevant international standards in the documentation, the CEO must determine whether the irregularity or departure can be considered to undermine the validity of the atypical finding or the adverse analytical finding.

             (4)  If the CEO considers that the irregularity or departure does undermine the validity of the atypical finding or the adverse analytical finding, the CEO must declare the result of testing void.

4.02  Therapeutic use exemptions

             (1)  If the CEO does not declare the result of testing void under clause 4.01 in relation to an adverse analytical finding or an atypical finding for an athlete, the CEO must determine in accordance with this clause whether a therapeutic use exemption covers the athlete in relation to the finding.

             (2)  The CEO may determine that a therapeutic use exemption covers the athlete in relation to the finding if the CEO is satisfied that:

                     (a)  the use for therapeutic purposes of each prohibited substance or prohibited method revealed in the finding is authorised by a therapeutic use exemption granted to the athlete; and

                     (b)  any conditions to which the therapeutic use exemption is subject have been complied with.

             (3)  If the CEO is not satisfied as mentioned in subclause (2), the CEO must determine that the athlete is not covered by a therapeutic use exemption in relation to the finding.

             (4)  The CEO must not make a determination under subclause (2) or (3) unless the CEO is satisfied:

                     (a)  that a therapeutic use exemption that relates to the prohibited substance or prohibited method revealed in the finding has been granted to the athlete (whether before or after the sample was given); or

                     (b)  that no such exemption was granted before the sample was given and:

                              (i)  that the person is not likely to be granted a therapeutic use exemption that would authorise the use for therapeutic purposes, before the sample was given, of the prohibited substance or prohibited method revealed in the finding; or

                             (ii)  that sufficient time has passed for the athlete to apply for and be granted an exemption mentioned in subparagraph (i), and for any reviews or appeals in relation to the granting of such an exemption to be completed.

4.03  Investigation of atypical findings

             (1)  If the CEO determines under clause 4.02 that the athlete is not covered by a therapeutic use exemption in relation to an atypical finding, the CEO may conduct an investigation in order to determine whether or not the atypical finding amounts to an adverse analytical finding.

             (2)  In order to conduct the investigation, the CEO may request the assistance of:

                     (a)  the athlete; or

                     (b)  a recognised laboratory; or

                     (c)  other anti‑doping organisations; or

                     (d)  a TUE committee; or

                     (e)  another expert in a field relevant to the investigation.

             (3)  At the conclusion of the investigation, the CEO must make a final determination as to whether the atypical finding amounts to an adverse analytical finding. In making this determination, the CEO must take into account all laboratory analyses and the findings and recommendations of any TUE committee or other expert consulted.

             (4)  If the CEO determines that an atypical finding does not amount to an adverse analytical finding, the CEO must notify the athlete accordingly.

4.04  Notification after review by CEO

             (1)  This clause applies if the CEO:

                     (a)  determines under clause 4.02 that an athlete is not covered by a therapeutic use exemption in relation to an adverse analytical finding or an atypical finding relating to an A sample provided by the athlete; and

                     (b)  for an atypical finding—determines under clause 4.03 that the atypical finding amounts to an adverse analytical finding.

             (2)  The CEO must notify the athlete in writing of the A sample adverse analytical finding. The notice must include:

                     (a)  the date of the sample collection; and

                     (b)  that the A sample has returned an adverse analytical finding; and

                   (ba)  that the adverse analytical finding is not covered by a therapeutic use exemption; and

                     (c)  that the B sample will be analysed unless the athlete waives the right to have the B sample analysed (subject to subclause (d)); and

                     (d)  that the CEO may analyse the B sample even if the athlete waives the right to have the B sample analysed; and

                     (e)  details of the time, date and place for the B sample analysis; and

                      (f)  the right of the athlete or a representative of the athlete, or both, to attend the identification, opening and analysis of the B sample; and

                     (g)  any other parties that will be notified of the A sample adverse analytical finding; and

                     (h)  that the athlete will be given the opportunity to make a submission in relation to the sample even if the B sample is not analysed.

             (3)  The notice to the athlete of the A sample adverse analytical finding may include any other relevant details.

4.05  B sample analysis

             (1)  This clause applies if:

                     (a)  the athlete does not waive the B sample analysis; or

                     (b)  the CEO decides to have the B sample analysed.

             (2)  The B sample must be analysed in accordance with the International Standard for Laboratories.

             (3)  The athlete or a representative of the athlete has the right to attend the identification, opening and analysis of the B sample.

             (4)  If the CEO determines that the B sample analysis does not confirm the A sample analysis, the CEO must notify the athlete and any other parties that were notified of the A sample adverse analytical finding that the sample has been declared negative.

4.06  Notification after B sample analysis

             (1)  This clause applies if:

                     (a)  the B sample analysis confirms the A sample analysis; or

                     (b)  the athlete waives the B sample analysis and the CEO decides not to have the B sample analysed.

             (2)  The CEO must notify the athlete in writing of the adverse analytical finding. The notice must include:

                     (a)  that the result of the B sample analysis (if conducted) confirms the adverse analytical finding; and

                     (b)  that the athlete (or a person on the athlete’s behalf) may, within the response period for the notice, give the CEO:

                              (i)  a written submission setting out information or evidence that may affect the validity of the results of the testing; or

                             (ii)  notice waiving this right to make a submission; and

                     (c)  that if the athlete (or a person on the athlete’s behalf) does not give the CEO a written submission or notice within the response period, the athlete is taken to have waived the athlete’s right to make a submission; and

                     (d)  that, after considering any submission made by the athlete (or a person on the athlete’s behalf), the ADRVP may make an assertion relating to the adverse analytical finding and notify the CEO of that assertion; and

                     (e)  details of other parties that will be notified of such an assertion; and

                      (f)  that the CEO may also publicly disclose details of such an assertion.

Division 4.2Other anti‑doping rule violations

4.07A  Notification of possible non‑presence anti‑doping rule violation

             (1)  This clause applies if:

                     (a)  the CEO receives evidence or information showing a possible non‑presence anti‑doping rule violation; and

                     (b)  following a review of the evidence or information, the CEO determines there has been a possible non‑presence anti‑doping rule violation that warrants action by the CEO.

             (2)  The CEO must notify the participant in writing of the possible non‑presence anti‑doping rule violation.

             (3)  The notice must include:

                     (a)  a summary of the evidence or information upon which the CEO relied in forming the view that there has been a possible non‑presence anti‑doping rule violation; and

                     (b)  a statement that the participant (or a person on the participant’s behalf) may, within the response period for the notice, give the CEO:

                              (i)  a written submission setting out information or evidence relating to the possible non‑presence anti‑doping rule violation; or

                             (ii)  notice waiving this right to make a submission; and

                     (c)  a statement that if the participant (or a person on the participant’s behalf) does not give the CEO a written submission or notice within the response period, the participant is taken to have waived the participant’s right to make a submission; and

                     (d)  a statement that, after considering any submission made by the participant (or a person on the participant’s behalf), the ADRVP may make an assertion relating to the possible non‑presence anti‑doping rule violation and notify the CEO of that assertion; and

                      (f)  details of other parties that will be notified of such an assertion; and

                     (g)  a statement that the ASADA may also publicly disclose details of such an assertion.

             (4)  The CEO may withhold details from the summary mentioned in paragraph (3)(a) if the CEO is satisfied that the disclosure of those details is reasonably likely to prejudice:

                     (a)  the effectiveness of the operational methods, or investigative practices or techniques, of a law enforcement body; or

                     (b)  a current investigation into a possible anti‑doping rule violation by another participant.

             (5)  The CEO is taken to have notified the participant of a possible non‑presence anti‑doping rule violation in accordance with this clause if the details and statements mentioned in subclause (3) are included in a notice given to the participant under clause 4.06.

Division 4.3Assertions about possible anti‑doping rule violations

4.08  Initial consideration by ADRVP

Giving information to the ADRVP

             (1)  As soon as practicable after the end of the response period for a notice given to a participant under clause 4.06 or 4.07A, the CEO must give the ADRVP the following material:

                     (a)  a copy of the notice;

                     (b)  a copy of the evidence or information relied on by the CEO in giving the notice;

                     (c)  any submission given to the CEO by or on behalf of the participant before the end of the response period for the notice.

             (2)  The CEO may also give the ADRVP a submission by the CEO in relation to the possible anti‑doping rule violation.

             (3)  If the ADRVP requests further information from the CEO relating to the possible anti‑doping rule violation, the CEO may comply with the request.

ADRVP to consider possible anti‑doping rule violation

             (4)  The ADRVP must, as soon as practicable, consider whether there has been a possible anti‑doping rule violation by the participant.

             (5)  If the ADRVP is satisfied that there has been a possible anti‑doping rule violation by the participant, the ADRVP must request the CEO to give the participant a notice under subclause 4.09(1).

             (6)  If the ADRVP is not satisfied that there has been a possible anti‑doping rule violation by the participant, the ADRVP must decide not to make an assertion in relation to the participant.

4.09  Further submissions before ADRVP makes assertion

CEO to invite further submission from athlete

             (1)  The CEO must, as soon as practicable after receiving a request under subclause 4.08(5), give the participant a written notice containing the following information:

                     (a)  a statement that the ADRVP is satisfied that there has been a possible anti‑doping rule violation by the participant;

                     (b)  a copy of any submission by the CEO in relation to the possible anti‑doping rule violation given to the ADRVP under subclause 4.08(2);

                     (c)  a summary of any information given to the ADRVP under subclause 4.08(3);

                     (d)  a statement that the participant (or a person on the participant’s behalf) may, within the response period for the notice, give the CEO:

                              (i)  a written submission setting out evidence or information mentioned in subclause (2); or

                             (ii)  notice waiving this right to make a submission;

                     (e)  a statement that if the participant (or a person on the participant’s behalf) does not give the CEO a written submission within the response period, the participant is taken to have waived the participant’s right to make a submission.

             (2)  For paragraph (1)(d), the evidence or information that may be included in a submission is as follows:

                     (a)  evidence or information addressing a submission by the CEO mentioned in paragraph (1)(b) or a summary mentioned in paragraph (1)(c);

                     (b)  if a submission was made by, or on behalf of, the participant under clause 4.06 or 4.07A—evidence or information of a kind that could have been, but was not, set out in the submission under that clause;

                     (c)  if no such submission was made—evidence or information of a kind that could have been set out in such a submission.

             (3)  The CEO must give the ADRVP any submission under paragraph (1)(d) that is given to the CEO before the end of the response period for the notice under subclause (1).

Making assertions

             (4)  The ADRVP must, as soon as practicable after the end of the response period for the notice under subclause (1), consider whether it remains satisfied that there has been a possible anti‑doping rule violation by the participant.

             (5)  If the ADRVP is still satisfied that there has been a possible anti‑doping rule violation by the participant, the ADRVP must make an assertion that there has been a possible anti‑doping rule violation by the participant.

             (6)  An assertion made in relation to a participant under subclause (5) must be in writing and contain the following information:

                     (a)  the name of the participant;

                     (b)  if the participant is an athlete:

                              (i)  the athlete’s date of birth; and

                             (ii)  the athlete’s sport;

                     (c)  the nature of the assertion;

                     (d)  the date of the possible anti‑doping rule violation;

                     (e)  any other details relevant to the possible anti‑doping rule violation that the ADRVP considers appropriate.

             (7)  If the ADRVP is no longer satisfied that there has been a possible anti‑doping rule violation by the participant, the ADRVP must decide not to make an assertion in relation to the participant.

4.09A  General provisions about ADRVP’s consideration of possible anti‑doping rule violations

Material to which ADRVP must have regard

             (1)  In considering whether there has been a possible anti‑doping rule violation by a participant, the ADRVP must have regard only to the following material:

                     (a)  the material given to the ADRVP under subclause 4.08(1);

                     (b)  any submission by the CEO given to the ADRVP under subclause 4.08(2);

                     (c)  any additional information given to the ADRVP under subclause 4.08(3);

                     (d)  any submission given by or on behalf of the participant under paragraph 4.09(1)(d).

             (2)  However, the ADRVP must only have regard to a submission made by the participant to the following extent:

                     (a)  if the submission was given in response to a notice under clause 4.06—to the extent that the submission deals with a matter mentioned in paragraph 4.06(2)(b);

                     (b)  if the submission was given in response to a notice under clause 4.07A—to the extent that the submission deals with a matter mentioned in paragraph 4.07A(3)(b);

                     (c)  if the submission was given in response to a notice under subclause 4.09(1)—to the extent that the submission complies with subclause 4.09(2).

ADRVP to consider possible anti‑doping rule violations regardless of action taken by sporting tribunal

             (3)  The ADRVP must consider under clause 4.08 or 4.09 whether there has been a possible anti‑doping rule violation by a participant, and decide whether to make an assertion in relation to the participant:

                     (a)  regardless of whether a sporting tribunal has already:

                              (i)  heard an allegation relating to the possible anti‑doping rule violation; or

                             (ii)  determined whether the possible anti‑doping rule violation occurred; and

                     (b)  regardless of whether the participant has waived his or her right to a hearing by a sporting tribunal in relation to the possible anti‑doping rule violation.

ADRVP may consider more than one possible anti‑doping rule violation by an athlete at the same time

             (4)  The ADRVP may consider at the same time more than one possible anti‑doping rule violation by a participant, including if notices have been given to the participant under both of clauses 4.06 and 4.07A in relation to those possible anti‑doping rule violations.

4.10  Notifying the CEO of ADRVP decisions

             (1)  The ADRVP must, as soon as practicable, give the CEO written notice of a decision:

                     (a)  to make an assertion in relation to a participant under subclause 4.09(5); or

                     (b)  to decide, under subclause 4.08(6) or 4.09(7), not to make an assertion in relation to a participant.

             (2)  A notice under subclause (1) of a decision to make an assertion must be accompanied by a copy of the assertion.

4.11  Notifying participants of ADRVP decisions

             (1)  As soon as practicable after the CEO receives notice of a decision by ADRVP under subclause 4.10(1), the CEO must give written notice of the decision to the participant.

             (2)  A notice under subclause (1) of a decision to make an assertion in relation to a participant must:

                     (a)  include the information mentioned in subclause 4.09(6); and

                     (b)  state that the participant has the right to have the decision reviewed by the Administrative Appeals Tribunal by application made within 28 days of receipt of the notice; and

                     (c)  state the persons or organisations to whom the CEO must or may give written notification of the assertion.

             (3)  A notice under subclause (1) of a decision to make an assertion in relation to a participant may also state details of any recommendation that the CEO has made, or proposes to make, to relevant sporting administration bodies as to the consequences of the assertion.

             (4)  A notice under subclause (1) may include any other details that the CEO considers relevant.

4.12  Review by Administrative Appeals Tribunal

                   The participant to whom an assertion relates may, within 28 days of receiving notice of the assertion from the CEO, apply to the Administrative Appeals Tribunal for review of the ADRVP’s decision to make the assertion.

4.13  Presentation of cases

             (1)  For paragraph 13(1)(k) of the Act, the CEO may present the following at a hearing of the Court of Arbitration for Sport or another sporting tribunal:

                     (a)  an assertion;

                     (b)  a recommendation by the CEO in relation to an assertion;

                     (c)  any other additional information.

          (1A)  The CEO may do so at the request of a sporting administration body or on the CEO’s own initiative.

             (2)  With the approval of the CEO, a sporting administration body may present an assertion to the Court of Arbitration for Sport or another sporting tribunal.

             (3)  Giving an approval under subclause (2) does not prevent the CEO from appearing before, or giving information to, the sporting tribunal.

Division 4.4Disclosure of information

4.17  Notifying sporting administration bodies etc. about assertions

             (1)  Within a reasonable time after receiving notice from the ADRVP of an assertion in relation to a participant, the CEO must give written notice about the assertion to:

                     (a)  each relevant sporting administration body for the participant; and

                     (b)  each relevant government sports agency for the participant; and

                     (c)  WADA.

             (2)  The CEO may give written notice about the assertion to any other sporting administration body if the CEO considers it appropriate to do so.

             (3)  A notice given by the CEO under subclause (1) or (2) about an assertion:

                     (a)  must include details of the assertion; and

                     (b)  may include details of any recommendation that the CEO has made, or proposes to make, as to the consequences of the assertion; and

                     (c)  must state that the participant has the right to have the ADRVP’s decision to make the assertion reviewed by the Administrative Appeals Tribunal; and

                     (d)  may include any other information that the CEO considers relevant.

             (4)  This clause applies in addition to any other provision of the Act or the NAD scheme under which the CEO is required or authorised to disclose information.

4.20  Conditions on the release of information

             (1)  If a notice given by the CEO under clause 4.17 contains information that is not in the public domain (non‑public information), the CEO may give the information to a particular sporting administration body only if:

                     (a)  the CEO 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 will be treated in confidence; and

                     (b)  the body has given a written undertaking that the non‑public information will be treated in confidence.

             (2)  If the CEO becomes aware that an undertaking given under subclause (1) has been breached by a national sporting organisation, the CEO must report details of the breach to the ASC.

4.21  Disclosing information etc. obtained in relation to administration of the NAD scheme

             (2)  For paragraph 13(1)(g) of the Act, the CEO may disclose information, documents or things obtained in relation to the administration of the NAD scheme (including information obtained during investigations of possible violations of the anti‑doping rules) to all or any of the following:

                     (a)  a sporting administration body;

                     (b)  the Australian Federal Police;

                     (c)  the Department administered by the Minister administering Part XII of the Customs Act 1901;

                     (d)  the Therapeutic Goods Administration;

                     (e)  Federal, State or Territory law enforcement bodies.

          (2A)  Information, a document or a thing may only be disclosed under subclause (2) for the purposes of, or in connection with, the administration of the NAD scheme.

             (3)  This clause applies in addition to any other provision of the Act or the NAD scheme under which the CEO is required or authorised to disclose information.

             (4)  If a body mentioned in subclause (2) is not subject to the Australian Privacy Principles contained in the Privacy Act 1988 or a law that is substantially similar to the Australian Privacy Principles, before disclosing personal information within the meaning of that Act to the body, the CEO must enter into a legally binding agreement with that body to ensure that any such information that is disclosed is:

                     (a)  not used or disclosed by that body for a purpose other than the purpose for which the information is given to the body; and

                     (b)  securely retained and restrictions placed on who can access the information; and

                     (c)  destroyed or returned to the CEO once the purpose for which the disclosure is made is completed.

4.22  Publishing information relating to assertions

             (1)  For paragraph 13(1)(m) of the Act, the CEO may publish information relating to assertions if:

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

                     (b)  the publication is required or permitted by the World Anti‑doping Code; or

                     (c)  the athlete or support person to whom the information relates has consented to the publication.

          (1A)  The CEO may, subject to subclause (1B), publish information under paragraph (1)(a) or (b) only if:

                     (a)  one or more of the following apply:

                              (i)  a decision has been handed down by a sporting tribunal, for a hearing process conducted in accordance with Article 8 of the World Anti‑Doping Code, in relation to the assertion to which the information relates;

                             (ii)  the athlete or support person has waived his or her right to a hearing;

                            (iii)  the athlete or support person has refused to recognise the jurisdiction of a sporting tribunal to conduct a hearing process in relation to the assertion to which the information relates;

                            (iv)  no sporting tribunal has jurisdiction to conduct a hearing process in relation to the assertion to which the information relates; and

                     (b)  if the athlete or support person applied to have the decision to make the assertion reviewed by the Administrative Appeals Tribunal:

                              (i)  for information for which the Administrative Appeals Tribunal has granted an order under subsection 35(3) or (4) of the Administrative Appeals Tribunal Act 1975—the review process has been finally determined; or

                             (ii)  the Administrative Appeals Tribunal has not granted an order under either subsection 35(3) or (4) of the Administrative Appeals Tribunal Act 1975; or

                            (iii)  the athlete or support person has not applied to the Administrative Appeals Tribunal for review of the decision within the applicable timeframe.

          (1B)  Subclause (1A) does not apply if the information could be disclosed under any of the following provisions of the Act (assuming it were protected information):

                     (a)  section 68C (disclosure to reduce threat to life or health);

                     (b)  section 68D (disclosure of publicly available information);

                     (c)  section 68E (disclosure to respond to public comments).

             (2)  For subclause (1), the CEO may determine:

                     (a)  the way in which the information is to be published; and

                     (b)  the times at which the information is to be published.

             (3)  This clause applies in addition to any other provision of the Act or the NAD scheme under which the CEO is required or authorised to disclose or publish information.

Division 4.5Commencing action against an athlete or support person

4.23  Limitations provision for commencing action

             (1)  For subsection 13(3) of the Act, an action may be commenced against an athlete or support person in relation to a possible violation of the anti‑doping rules within 10 years after the violation is alleged to have occurred.

             (2)  For subclause (1), an action is commenced against an athlete or support person in relation to a possible violation of the anti‑doping rules when the athlete or support person is given a notice under clause 4.04 or 4.07A in relation to the possible violation.

Division 4.6Violations List

4.24  Correcting entries in the Violations List

                   For paragraph 19A(7)(a) of the Act, the CEO must correct an error in an entry in the Violations List as soon as practicable after becoming aware of it.

Part 5ASDMAC functions

  

5.01  Functions of ASDMAC

Granting therapeutic use exemptions

             (1)  The ASDMAC may, on application by or on behalf of an athlete, grant the athlete a therapeutic use exemption, in accordance with the World Anti‑Doping Code and the International Standard for Therapeutic Use Exemptions, that authorises the athlete to use a prohibited substance or a prohibited method for therapeutic purposes.

          (1A)  A therapeutic use exemption granted under subclause (1):

                     (a)  must be in writing; and

                     (b)  may authorise the use of a prohibited substance or a prohibited method, for therapeutic purposes, at a time before the exemption is granted; and

                     (c)  may authorise the use of the prohibited substance or prohibited method, for therapeutic purposes, subject to specified conditions.

          (1B)  The ASDMAC must give the athlete written notice of a refusal to grant the athlete any therapeutic use exemption.

          (1C)  The ASDMAC may develop and implement its own procedures for the making of applications for, and the granting of, therapeutic use exemptions under subclause (1).

Review of therapeutic use exemption decisions

             (2)  The ASDMAC must, on application by an athlete, review:

                     (a)  a decision by the ASDMAC under subclause (1) to refuse to grant the athlete a therapeutic use exemption; or

                     (b)  a decision by the ASDMAC under subclause (1) to grant the athlete a therapeutic use exemption that does not authorise the use of a prohibited substance or a prohibited method, for therapeutic purposes, at a time before the exemption is granted; or

                     (c)  a decision by the ASDMAC under subclause (1) to grant the athlete a therapeutic use exemption subject to conditions.

          (2A)  The application must be made within 14 days after:

                     (a)  for a decision mentioned in paragraph (2)(a)—the athlete is given notice under subclause (1B) of the decision; or

                     (b)  for a decision mentioned in paragraph (2)(b) or (c)—the ASDMAC grants the therapeutic use exemption.

          (2B)  After reviewing the decision, the ASDMAC must either:

                     (a)  affirm the decision; or

                     (b)  set aside the decision and make a new decision in substitution for the decision set aside.

          (2C)  The ASDMAC may develop and implement its own procedures for the making of applications under subclause (2) for the review of a decision, and the conduct of such a review.

          (2D)  However, the ASDMAC must not, in reviewing a decision under subclause (2), consider any evidence or other information that was not considered by the ASDMAC when making the decision.

Other functions

             (3)  The ASDMAC may investigate the sample analysis result for a sample given by an athlete who has been granted a therapeutic use exemption to find out whether the athlete has complied with any conditions of the exemption.

             (4)  The ASDMAC may investigate an atypical finding or an adverse analytical finding for a sample given by an athlete to find out whether the atypical finding or adverse analytical finding was caused by naturally occurring levels of the substance concerned.

             (5)  The ASDMAC may review the procedures adopted by a sporting administration body for authorising the use of a prohibited substance or a prohibited method.

             (6)  ASDMAC may provide advice relating to therapeutic use exemptions and ASDMAC functions to the CEO, sporting administration bodies, participants or other TUE committees.

             (7)  If the CEO consults with the ASDMAC about any of the following matters, the ASDMAC may investigate the matter and give its opinion to the CEO:

                     (a)  whether an application in relation to a therapeutic use exemption has been made to the ASDMAC;

                     (b)  whether a therapeutic use exemption has been granted:

                              (i)  by the ASDMAC or a TUE committee; or

                             (ii)  because of a decision by WADA following a review or an appeal.

             (8)  The ASDMAC may participate in a review or an appeal that is related directly or indirectly to a decision by the ASDMAC to grant, or refuse to grant, a therapeutic use exemption.

Part 5ARetired athletes

  

5A.01  Application of NAD scheme to retired athletes returning to competition

             (1)  This clause applies in relation to a person if:

                     (a)  the person was an international level athlete or a national level athlete in a registered testing pool; and

                     (b)  the person retired from competing in sport; and

                     (c)  ASADA is given notice, in accordance with a sporting administration body’s anti‑doping policies and procedures, of the person’s intention to return to active participation in a sport that has an anti‑doping policy.

             (2)  The NAD scheme applies in relation to the person, as if the person were an athlete competing in that sport, during the period:

                     (a)  starting on the day the notice is given to ASADA; and

                     (b)  ending when the person begins to compete in the sport, in accordance with the sporting administration body’s anti‑doping policies and procedures.

Note:          Once the person begins to compete in the sport, the person will be an athlete and will be subject to the NAD scheme.

Part 6Miscellaneous

  

6.01  When notices are taken to have been received

             (1)  This clause applies if the CEO sends a notice to an athlete or support person for the NAD scheme.

             (2)  The athlete or support person is taken to have received the notice (unless the CEO is given evidence sufficient to raise doubt about the matter):

                     (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 the CEO, 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 the CEO, 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 the CEO of a number to which notices may be sent to the athlete or support person by fax 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 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 the CEO asking the organisation to send the envelope to the athlete or support person.

             (4)  The athlete or support person is taken to have received the notice 10 days after the date it is sent.

6.02  Waiver of Rights

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

                     (a)  by written notice; or

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

6.03  Fees

             (1)  For subsection 19(1) of the Act, the CEO and ASDMAC are authorised to charge fees for performing their functions under the NAD scheme (including functions mentioned in clause 1.02).

             (2)  The CEO and ASDMAC may, from time to time, determine the fees that may be charged under subclause (1) and publish a schedule of those fees.

             (3)  Any fees charged under this clause must be reasonably related to the costs or expenses incurred or to be incurred by the CEO or ASDMAC in relation to the functions for which the fee is charged.

             (4)  Upon commencement of this clause, the fees to be charged by ASADA will be those published on ASADA’s website at www.asada.gov.au.

Part 7Application and transitional provisions

Division 1Amendments made by the Australian Sports Anti‑Doping Authority Amendment (World Anti‑Doping Code and Other Measures) Regulation 2014

7.01  Definitions

                   In this Division:

amending regulation means the Australian Sports Anti‑Doping Authority Amendment (World Anti‑Doping Code and Other Measures) Regulation 2014.

7.02  Anti‑doping rule violations occurring before commencement of amending regulation

             (1)  The NAD scheme, as in force after the commencement of the amending regulation, applies in relation to an anti‑doping rule violation, whether the violation occurred before or after that commencement.

             (2)  A reference in subclause (1) to an anti‑doping rule violation includes a reference to an anti‑doping rule violation arising because of subclause 1.04(1) of this Schedule, as in force immediately before the commencement of the amending regulation.

7.03  Prohibited association anti‑doping rule violations

                   Clause 2.01K of this Schedule, as inserted by the amending regulation, applies:

                     (a)  in relation to association with a support person described in article 2.10.1 of the World Anti‑Doping Code—whether the conduct constituting the anti‑doping rule violation by reason of which the person is serving a period of ineligibility was engaged in before, on or after 1 January 2015; and

                     (b)  in relation to association with a support person described in article 2.10.2 of the World Anti‑Doping Code—whether the conduct that would have constituted a violation of anti‑doping rules (as mentioned in that article) was engaged in before, on or after 1 January 2015; and

                     (c)  in relation to association with a support person described in article 2.10.3 of the World Anti‑Doping Code—whether the conduct, by reason of which the individual for whom the support person is serving as a front or intermediary is an individual described in article 2.10.1 or 2.10.2 of that Code, was engaged in before, on or after 1 January 2015.

7.04  Limitations provision for commencing action under NAD scheme

                   Clause 4.23 of this Schedule, as inserted by the amending regulation, applies in relation to violations alleged to have occurred on or after 1 January 2007.

7.05  Results management provisions

             (1)  Clauses 4.01 to 4.05, as in force immediately before the commencement of the amending regulation, continue to apply in relation to a notice received by the CEO before that commencement from an accredited laboratory of an atypical finding or an adverse analytical finding in relation to an A sample provided by an athlete.

             (2)  Clause 4.06, as in force after the commencement of the amending regulation, applies in relation to an athlete if:

                     (a)  the athlete’s B sample is analysed, as mentioned in clause 4.05, on or after that commencement; or

                     (b)  on or after that commencement, the athlete waives the right to have the athlete’s B sample analysed.

             (3)  Clause 4.07A, as in force after the commencement of the amending regulation, applies in relation to a participant if the CEO determines, after that commencement, that there is a possible non‑presence anti‑doping rule violation by the participant that warrants action by the CEO.

7.06  Application of amendments relating to assertions

             (1)  Divisions 4.3 and 4.4, as in force after the commencement of the amending regulation, apply in relation to a participant if:

                     (a)  the participant is given a notice under clause 4.06 or 4.07A after that commencement; or

                     (b)  both of the following apply:

                              (i)  the participant was given a notice under clause 4.06 or 4.07A before that commencement;

                             (ii)  the ADRVP had not, before that commencement, made a decision about whether to make an entry on the Register in relation to the participant.

             (2)  As soon as practicable after the commencement of the amending regulation, the CEO must give the ADRVP information under subclause 4.08(1) in relation to a participant if:

                     (a)  paragraph (1)(b) of this clause applies in relation to the participant; and

                     (b)  the response period for the notice given to the participant under clause 4.06 or 4.07A had ended before that commencement.

7.07  Continuation of provisions relating to findings

             (1)  Despite the repeal of clause 4.08 by the amending regulation, the Register of Findings continues in existence for the purposes of this clause.

             (2)  Subclause 4.09(3), as in force immediately before the commencement of the amending regulation, continues to apply after that commencement in relation to a decision made by the ADRVP before that commencement to not make an entry on the Register in relation to a participant.

             (3)  Clauses 4.11 to 4.18, and clauses 4.20 and 4.22, as in force immediately before the commencement of the amending regulation, continue to apply after that commencement in relation to a finding included on the Register before that commencement.

             (4)  This clause applies in addition to any other provision of the Act or the NAD scheme under which the CEO is required or authorised to disclose or publish information.

7.08  Application of review provisions for ASDMAC decisions

                   Subclause 5.01(2), as in force after the commencement of the amending regulation, applies in relation to a decision made by the ASDMAC after that commencement.

7.09  Repeal

                   Clauses 7.04 to 7.08, and this clause, are repealed on 1 January 2017.


Schedule 2Relevant 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.


Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnotes about misdescribed amendments and other matters are included in a compilation only as necessary.

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

 

A = Act

o = order(s)

ad = added or inserted

Ord = Ordinance

am = amended

orig = original

amdt = amendment

par = paragraph(s)/subparagraph(s)

c = clause(s)

    /sub‑subparagraph(s)

C[x] = Compilation No. x

pres = present

Ch = Chapter(s)

prev = previous

def = definition(s)

(prev…) = previously

Dict = Dictionary

Pt = Part(s)

disallowed = disallowed by Parliament

r = regulation(s)/rule(s)

Div = Division(s)

Reg = Regulation/Regulations

exp = expires/expired or ceases/ceased to have

reloc = relocated

    effect

renum = renumbered

F = Federal Register of Legislative Instruments

rep = repealed

gaz = gazette

rs = repealed and substituted

LI = Legislative Instrument

s = section(s)/subsection(s)

LIA = Legislative Instruments Act 2003

Sch = Schedule(s)

(md) = misdescribed amendment can be given

Sdiv = Subdivision(s)

    effect

SLI = Select Legislative Instrument

(md not incorp) = misdescribed amendment

SR = Statutory Rules

    cannot be given effect

Sub‑Ch = Sub‑Chapter(s)

mod = modified/modification

SubPt = Subpart(s)

No. = Number(s)

underlining = whole or part not

 

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Number and year

FRLI registration

Commencement

Application, saving and transitional provisions

47, 2006

13 Mar 2006 (F2006L00765)

13 Mar 2006 (r 2)

 

LI 001/2006

14 Sept 2006 (F2006L03078)

15 Sept 2006

LI 001/2008

24 Sept 2008 (F2008L03530)

25 Sept 2008 (s 2)

s 4

LI 002/2008

4 Sept 2008 (F2008L03533

25 Sept 2008 (s 2)

367, 2009

16 Dec 2009 (F2009L04015)

1 Jan 2010 (r 2)

307, 2012

10 Dec 2012 (F2012L02385)

11 Dec 2012 (s 2)

189, 2013

26 July 2013 (F2013L01443)

1 Aug 2013 (s 2)

206, 2014

16 Dec 2014 (F2014L01720)

1 Jan 2015 (s 2)

90, 2015

19 June 2015 (F2015L00854)

Sch 2 (items 31, 32): 1 July 2015 (s 2(1) item 2)

95, 2015

26 June 2015 (F2015L00953)

Sch 1 (items 6, 7): 1 July 2015 (s 2(1) item 1)

125, 2015

24 July 2015 (F2015L01178)

25 July 2015 (s 2(1) item 1)

 

Endnote 4—Amendment history

 

Provision affected

How affected

Part 1 heading

 

r. 1A.....................................

ad. 2009 No. 367

 

am. No. 189, 2013; No 206, 2014

Part 2 heading

 

r. 5.......................................

am. No. 189, 2013

 

rs No 206, 2014

r. 5A.....................................

ad. 2009 No. 367

 

am No 189, 2013

 

rep No 206, 2014

r. 5B.....................................

ad. 2009 No. 367

 

am No 189, 2013

 

rep No 206, 2014

Part 3 heading.....................

rs No 206, 2014

r. 6.......................................

am. No 189 2013

 

rs No 206, 2014

r 6A......................................

ad No 206, 2014

r 7........................................

rs No 206, 2014

r 8........................................

rs No 206, 2014

r 9........................................

am No 206, 2014

r 10......................................

am No 206, 2014

Part 4 heading.......................

rs. 2009 No. 367

 

rep No 206, 2014

r. 13.....................................

rs. 2009 No. 367; No 189, 2013

 

rep No 206, 2014

r. 14.....................................

ad. 2009 No. 367

 

rep No 206, 2014

r. 15.....................................

ad. 2009 No. 367

 

rep No 206, 2014

Part 5 heading.....................

ad No 189, 2013

Division 1 heading...............

ad No 189, 2013

r 16......................................

ad No 189, 2013

r 17......................................

ad No 189, 2013

Division 2 heading...............

ad No 189, 2013

r 18......................................

ad No 189, 2013

r 19......................................

ad No 189, 2013

r 20......................................

ad No 189, 2013

r 21......................................

ad No 189, 2013

r 22......................................

ad No 189, 2013

r 23......................................

ad No 189, 2013

Part 6

 

Part 6....................................

ad No 90, 2015

r 24......................................

ad No 90, 2015

Schedule 1 heading

 

Part 1 heading.....................

rs. 2008 No. 1

c. 1.......................................

am. 2006 No. 1

 

rep. 2008 No. 1

c. 2.......................................

am. 2006 No. 1

 

rep 2008 No. 1

c. 2A....................................

ad. 2006 No. 1

 

rep. 2008 No. 1

c. 3.......................................

am. 2006 No. 1

 

rep. 2008 No. 1

cc. 4–7.................................

rep. 2008 No. 1

c. 1.01..................................

ad. 2008 No. 1

c. 1.02..................................

ad. 2008 No. 1

 

am No 189, 2013

c 1.02A................................

ad No 189, 2013

 

am No 206, 2014

c. 1.03..................................

ad. 2008 No. 1

 

rs. 2012 No. 307

 

am No 189, 2013

c. 1.03A...............................

ad. 2012 No. 307

 

am No 189, 2013; No 206, 2014

c. 1.03B................................

ad. 2012 No. 307

 

am No 189, 2013

c. 1.04..................................

ad. 2008 No. 1

 

am No 189, 2013

 

rep No 206, 2014

c. 1.05..................................

ad. 2008 No. 1

 

am. 2012 No. 307; No 189, 2013; No 206, 2014 (md Sch 1 item 36)

c. 1.05A...............................

ad. 2012 No. 307

 

rep No 206, 2014

c. 1.06..................................

ad. 2008 No. 1

 

am No 189, 2013; No 206, 2014

c. 1.07..................................

ad. 2008 No. 1

 

rs No 206, 2014

c. 1.08..................................

ad. 2008 No. 1

 

am No 189, 2013

Part 2 heading.....................

rs. 2008 No. 1

Part 2....................................

am. 2008 No. 1

Division 2.1 heading............

rs. 2008 No. 1; No 206, 2014

cc. 8, 9.................................

rep. 2008 No. 1

c. 2.01..................................

ad. 2008 No. 1

 

rs No 206, 2014

c 2.01A................................

ad No 206, 2014

c 2.01B.................................

ad No 206, 2014

c 2.01C.................................

ad No 206, 2014

c 2.01D................................

ad No 206, 2014

c 2.01E.................................

ad No 206, 2014

c 2.01F.................................

ad No 206, 2014

c 2.01G................................

ad No 206, 2014

c 2.01H................................

ad No 206, 2014

c 2.01J..................................

ad No 206, 2014

c 2.01K................................

ad No 206, 2014

Division 2.2 heading............

rs. 2008 No. 1

Subdivision 2.2.1 heading....

rep. 2008 No. 1

cc. 10–13.............................

rep. 2008 No. 1

c. 13A..................................

ad. 2006 No. 1

 

rep. 2008 No. 1

cc. 14–16.............................

rep. 2008 No. 1

Subdivision 2.2.2 heading....

rep. 2008 No. 1

c. 17.....................................

rep. 2008 No. 1

c. 2.02..................................

ad. 2008 No. 1

c. 2.03..................................

ad. 2008 No. 1

 

am No 189, 2013

c. 2.04..................................

ad. 2008 No. 1

 

am. 2012 No. 307; No 189, 2013; No 206, 2014

Division 2.3 heading............

rep. 2008 No. 1

cc. 18, 19.............................

rep. 2008 No. 1

Division 2.4 heading............

rep. 2008 No. 1

cc. 20–28.............................

rep. 2008 No. 1

Division 2.5 heading............

rep. 2008 No. 1

cc. 29–33.............................

rep. 2008 No. 1

Division 2.6 heading............

rep. 2008 No. 1

Subdivision 2.6.1 heading....

rep. 2008 No. 1

cc. 34–46.............................

rep. 2008 No. 1

c. 47.....................................

am. 2006 No. 1

 

rep. 2008 No. 1

cc. 48, 49.............................

rep. 2008 No. 1

c. 50.....................................

am. 2006 No. 1

 

rep. 2008 No. 1

cc. 51–72.............................

rep. 2008 No. 1

Subdivision 2.6.2 heading....

rep. 2008 No. 1

cc. 73, 74.............................

rep. 2008 No. 1

Division 2.7 heading............

rep. 2008 No. 1

cc. 75–77.............................

rep. 2008 No. 1

Division 2.8 heading............

rep. 2008 No. 1

cc. 78–89.............................

rep. 2008 No. 1

Division 2.9 heading............

rep. 2008 No. 1

Division 2.9.........................

rep. 2008 No. 1

cc. 90, 91.............................

rep. 2008 No. 1

Part 3 heading.....................

rs. 2008 No. 1

c. 92.....................................

rep. 2008 No. 1

Division 3.1 heading............

ad. 2008 No. 1

Subdivision 3.1.1 heading....

ad. 2008 No. 1

c. 3.01..................................

ad. 2008 No. 1

 

am No 189, 2013

c. 3.02..................................

ad. 2008 No. 1

 

am No 189, 2013

c. 3.03..................................

ad. 2008 No. 1

 

am No 189, 2013

c. 3.04..................................

ad. 2008 No. 1

 

am No 189, 2013; No 206, 2014

c. 3.05..................................

ad. 2008 No. 1

 

rs No 206, 2014

c. 3.06..................................

ad. 2008 No. 1

 

am No 189, 2013

c. 3.07..................................

ad. 2008 No. 1

Subdivision 3.1.2 heading....

ad. 2008 No. 1

c. 3.08..................................

ad. 2008 No. 1

 

am No 189, 2013

Division 3.2 heading............

rs No 206, 2014

c. 3.09..................................

ad. 2008 No. 1

 

am. No. 189, 2013

 

rs No 206, 2014

c. 3.10..................................

ad. 2008 No. 1

 

am No 189, 2013

 

rep No 206, 2014

c. 3.11..................................

ad. 2008 No. 1

 

am No 189, 2013

 

rep No 206, 2014

Division 3.3 heading

 

c. 3.12..................................

ad. 2008 No. 1

 

am No 189, 2013; No 206, 2014

c. 3.13..................................

ad. 2008 No. 1

 

am No 206, 2014

c. 3.14..................................

ad. 2008 No. 1

 

am No 189, 2013

c. 3.15..................................

ad. 2008 No. 1

 

am No 189, 2013

c. 3.16..................................

ad. 2008 No. 1

 

am No 189, 2013; No 206, 2014

c. 3.17..................................

ad. 2008 No. 1

 

am No 189, 2013

c. 3.18..................................

ad. 2008 No. 1

 

am No 189, 2013

c. 3.19..................................

ad. 2008 No. 1

 

am No 189, 2013

c. 3.20..................................

ad. 2008 No. 1

c. 3.21..................................

ad. 2008 No. 1

Division 3.4 heading

 

c. 3.22..................................

ad. 2008 No. 1

 

am No 189, 2013

c. 3.23..................................

ad. 2008 No. 1

 

am No 189, 2013; No 206, 2014

c. 3.24..................................

ad. 2008 No. 1

c. 3.25..................................

ad. 2008 No. 1

 

am No 189, 2013; No 206, 2014

c. 3.26..................................

ad. 2008 No. 1

 

am No 189, 2013

Division heading 3.4A.........

ad No 189, 2013

c 3.26A................................

ad No 189, 2013

Division 3.4B heading..........

ad No 189, 2013

c 3.26B.................................

ad No 189, 2013

c 3.26C.................................

ad No 189, 2013

c 3.26D................................

ad No 189, 2013

c 3.26E.................................

ad No 189, 2013

Division 3.5 heading

 

c. 3.27..................................

ad. 2008 No. 1

 

am No 189, 2013; No 206, 2014

Part 4 heading.....................

rs. 2008 No. 1

c. 92A..................................

ad. 2006 No. 1

 

rep. 2008 No. 1

c. 93.....................................

rep. 2008 No. 1

Division 4.1 heading

 

c. 4.01..................................

ad. 2008 No. 1

 

am No 189, 2013; No 206, 2014

c. 4.02..................................

ad. 2008 No. 1

 

am No 189, 2013

 

rs No 206, 2014

c. 4.03..................................

ad. 2008 No. 1

 

am No 189, 2013; No 206, 2014

c. 4.04..................................

ad. 2008 No. 1

 

am No 189, 2013; No 206, 2014

c. 4.05..................................

ad. 2008 No. 1

 

am No 189, 2013; No 206, 2014

c. 4.06..................................

ad. 2008 No. 1

 

am No 189, 2013; No 206, 2014

Division 4.2 heading

 

c. 4.07..................................

ad. 2008 No. 1

 

rep. 2012 No. 307

c. 4.07A...............................

ad. 2012 No. 307

 

am No 189, 2013; No 206, 2014

Division 4.3 heading............

rs No 206, 2014

c. 4.08..................................

ad. 2008 No. 1

 

am. 2012 No. 307; No 189, 2013

 

rs No 206, 2014

c. 4.09..................................

ad. 2008 No. 1

 

rs. 2012 No. 307; No 206, 2014

c 4.09A................................

ad No 206, 2014

c. 4.10..................................

ad. 2008 No. 1

 

rs. 2012 No. 307; No 206, 2014

c. 4.11..................................

ad. 2008 No. 1

 

am. 2012 No. 307; No 189, 2013

 

rs No 206, 2014

c. 4.12..................................

ad. 2008 No. 1

 

am. No. 189, 2013

 

rs No 206, 2014

c. 4.13..................................

ad. 2008 No. 1

 

am No 189, 2013; No 206, 2014

c. 4.14..................................

ad. 2008 No. 1

 

rs No 189, 2013

 

rep No 206, 2014

c. 4.15..................................

ad. 2008 No. 1

 

am No 189, 2013

 

rep No 206, 2014

c. 4.16..................................

ad. 2008 No. 1

 

rs No 189, 2013

 

rep No 206, 2014

Division 4.4 heading

 

c. 4.17..................................

ad. 2008 No. 1

 

am No 189, 2013

 

rs No 206, 2014

c. 4.18..................................

ad. 2008 No. 1

 

am No 189, 2013

 

rep No 206, 2014

c. 4.19..................................

ad. 2008 No. 1

 

am No 189, 2013

 

rep No 206, 2014

c. 4.20..................................

ad. 2008 No. 1

 

am No 189, 2013; No 206, 2014

c. 4.21..................................

ad. 2008 No. 1

 

am No 189, 2013; No 206, 2014; No 90, 2015

c. 4.22..................................

ad. 2008 No. 1

 

am No 189, 2013; No 206, 2014; No 95, 2015

Division 4.5 heading............

ad No 189, 2013

c. 4.23..................................

ad No 189, 2013

 

rs No 206, 2014

Division 4.6 heading............

ad No 206, 2014

c 4.24...................................

ad No 206, 2014

Part 5 heading.....................

rs. 2008 No. 1

c. 94.....................................

rep. 2008 No. 1

c. 95.....................................

am. 2006 No. 1

 

rep. 2008 No. 1

c. 95A..................................

ad. 2006 No. 1

 

rep. 2008 No. 1

c. 5.01..................................

ad. 2008 No. 1

 

am No 189, 2013; No 206, 2014

c. 5.02..................................

ad. 2008 No. 1

 

am No 189, 2013

 

rep No 206, 2014

Part 5A heading..................

ad No 206, 2014

c 5A.01................................

ad No 206, 2014

Part 6 heading.....................

ad. 2008 No. 1

c. 6.01..................................

ad. 2008 No. 1

 

am No 189, 2013 (md not incorp Sch 2 item 197)

c. 6.02..................................

ad. 2008 No. 1

c 6.03 (prev c 96).................

renum 2008 No. 1

 

rs. 2008 No. 2

 

am No 189, 2013

Part 7 heading.....................

ad No 206, 2014

Division 1 heading...............

ad No 206, 2014

c 7.01...................................

ad No 206, 2014

c 7.02...................................

ad No 206, 2014

c 7.03...................................

ad No 206, 2014

 

rs No 125, 2015

c 7.04...................................

ad No 206, 2014

 

rep 1 Jan 2017 (Sch 1 c 7.09)

c 7.05...................................

ad No 206, 2014

 

rep 1 Jan 2017 (Sch 1 c 7.09)

c 7.06...................................

ad No 206, 2014

 

rep 1 Jan 2017 (Sch 1 c 7.09)

c 7.07...................................

ad No 206, 2014

 

rep 1 Jan 2017 (Sch 1 c 7.09)

c 7.08...................................

ad No 206, 2014

 

rep 1 Jan 2017 (Sch 1 c 7.09)

c 7.09...................................

ad No 206, 2014

 

rep 1 Jan 2017 (Sch 1 c 7.09)