11Drug testing schemes

#### 11 Drug testing schemes (1) The regulations may formulate one or more drug testing schemes. (2) A drug testing scheme is a scheme that: (a) is expressed to apply to: (i) all competitors; or (ii) a specified class of competitors; and (b) sets out a schedule of drugs and doping methods for the scheme and permitted levels (if any) in relation to each such scheduled drug or method; and (c) authorises the Agency to request a competitor to provide a sample for the purpose of detecting whether or not the competitor has used such a scheduled drug or method; and (ca) authorises the Agency to request a competitor to keep the Agency informed of where the competitor can be found; and (d) requires the Agency to establish and maintain a Register of Notifiable Events for the scheme; and (e) requires the Agency to enter the name of a competitor on that Register if the competitor fails, without reasonable cause, to comply with a request by the Agency to provide such a sample; and (f) requires the Agency to enter the name of a competitor on that Register in specified circumstances, being circumstances that consist of, or include, the circumstance that the competitor has returned a positive test result in relation to such a sample; and (fa) requires the Agency to enter the name of a competitor on that Register in specified circumstances, being circumstances that consist of, or include, the circumstance that the competitor deliberately evaded an attempt by the Agency to make a request of the kind mentioned in paragraph (c); and (fb) requires the Agency to enter the name of a competitor on that Register in specified circumstances, being circumstances that consist of, or include, the circumstance that the competitor failed to comply with a request of the kind mentioned in paragraph (ca); and (fc) requires the Agency to enter the name of a competitor on that Register in specified circumstances, being circumstances that consist of, or include, the following circumstances: (i) the competitor failed to comply with a request of the kind mentioned in paragraph (ca); (ii) but for this failure, the Agency would have made a request of the kind mentioned in paragraph (c) to the competitor; and (fd) requires the Agency to enter the name of a competitor on that Register if the competitor tampered with a sports drug matter covered by subparagraph 4A(2)(a)(i) or (b)(i) or paragraph 4A(2)(d); and (g) requires the Agency to enter, on that Register, specified particulars relating to a competitor referred to in paragraph (e), (f), (fa), (fb), (fc) or (fd); and (h) requires the Agency to give written notice of the making, and of particulars, of an entry in that Register to: (i) each relevant national sporting organisation in relation to the competitor concerned; and (ii) each relevant sporting organisation (if any) in relation to the competitor concerned; and (iii) for an entry of the kind mentioned in paragraph (fd)—each relevant national sporting organisation, and relevant sporting organisation, in relation to each competitor whose interests may have been affected by the tampering; and (i) complies with the statement of competitors’ rights set out in section 15. > Note 1: For examples of circumstances that may be specified for the purposes of paragraph (2)(f), see section 13. Specification of different circumstances (3) Circumstances specified for the purposes of paragraph (2)(f) may differ according to: (a) the fields of sporting activities in which competitors compete; and (b) the drugs or doping methods revealed by positive test results. (3A) Circumstances specified for the purposes of paragraph (2)(fa), (fb) or (fc) may differ according to the fields of sporting activities in which competitors compete. Subsection 33(3A) of the Acts Interpretation Act 1901 not limited (4) Subsection (3) or (3A) does not, by implication, limit subsection 33(3A) of the Acts Interpretation Act 1901. Applying, adopting or incorporating matters contained in the World Anti‑Doping Code, International Standards or other instruments (5) A drug testing scheme may make provision for or in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in any of the following, whether as in force at a particular time, or as amended and in force from time to time: (a) the World Anti‑Doping Code; (b) an International Standard; (c) any other instrument made by a sporting administration body.