17BDisclosure to sporting administration bodies of information relating to circumstances that have led or may lead to an entry being made in the Register

#### 17B Disclosure to sporting administration bodies of information relating to circumstances that have led or may lead to an entry being made in the Register (1) A drug testing scheme may require or permit the Agency or the ASDMAC to disclose to one or more specified sporting administration bodies information arising out of the entry of a competitor’s name on the Register of Notifiable Events for the scheme, including information concerning: (a) a failure by the competitor to provide a sample; or (b) a failure by the competitor to complete or sign any form required by that scheme to be completed or signed by the competitor or to do anything in relation to the sample that is required by that scheme to be done; or (e) the results of the testing of the sample; or (f) any evasion by the competitor of an attempt to make a request of the kind mentioned in paragraph 11(2)(c) or 17ZC(1)(a); or (g) any failure by the competitor to provide information about where the competitor can be found; or (h) the inability, because of a failure of the kind mentioned in paragraph (g), of the Agency or a sporting administration body to make a request of the kind mentioned in paragraph (f); or (i) any tampering by the competitor with a sports drug matter covered by subparagraph 4A(2)(a)(i) or (ii) or (b)(i) or (ii), or paragraph 4A(2)(c), (d) or (e). (2) A drug testing scheme may permit the Agency to disclose information to one or more specified sporting administration bodies if: (a) the information relates to any of the following circumstances that the Agency knows or has reason to believe has occurred: (i) a competitor failed to comply with a request of the kind mentioned in paragraph 11(2)(c) or 17ZC(1)(a); (ii) a competitor returned a positive test result in relation to a sample provided pursuant to a request of the kind mentioned in subparagraph (i); (iii) a competitor deliberately evaded an attempt to make a request of the kind mentioned in subparagraph (i); (iv) a competitor failed to provide information to the Agency or a sporting administration body about where the competitor can be found; (v) because of a failure referred to in subparagraph (iv) by a competitor, the Agency or a sporting administration body was unable to make a request of the kind mentioned in subparagraph (i) to the competitor; (vi) a competitor tampered with a sports drug matter covered by subparagraph 4A(2)(a)(i) or (ii) or (b)(i) or (ii), or paragraph 4A(2)(c), (d) or (e); and (b) the Agency has not yet decided whether or not an entry should be made on the Register of Notifiable Events for the drug testing scheme in relation to that circumstance; and (c) the Agency has taken reasonable steps to satisfy itself that the information will not be used or disclosed by the body, or any of the bodies, in a way that would be unfairly prejudicial to the interests of the competitor. (2A) If: (a) the Agency discloses information to a sporting administration body under provisions of a drug testing scheme covered by subsection (2); and (b) the Agency later decides that an entry should not be made on the Register of Notifiable Events for the scheme in relation to the circumstance concerned; the Agency must, as soon as practicable, notify the sporting administration body of that decision. (3) Sporting administration bodies specified for the purposes of subsection (1) or (2) may differ according to the fields of sporting activities in which competitors compete. (4) Subsection (3) does not, by implication, limit subsection 33(3A) of the Acts Interpretation Act 1901. (5) Nothing in this section limits, or is limited by, any other provision of this Act or a drug testing scheme under which the Agency is required or permitted to disclose information.