17ZCTesting by other sporting administration bodies

#### 17ZC Testing by other sporting administration bodies (1) The Agency may ask a sporting administration body to arrange for: (a) a person who competes in a particular field of sporting activity to be requested to provide a sample in order to determine whether the person has been using scheduled drugs or doping methods; and (b) the testing of the sample for that purpose; and (c) the Agency to be given information arising out of the making, or attempted making, of such a request, including information concerning: (i) an evasion, or an attempted evasion, by the person, of a request to provide a sample; or (ii) the aiding, abetting, counselling or procuring of such an evasion, or attempted evasion, by the person; or (iii) any failure by the person to provide such a sample; or (v) the results of the testing of the sample; or (vi) any failure by the person to keep the sporting administration body informed of where the person can be found; or (vii) the inability, because of a failure of the kind mentioned in subparagraph (vi), of the sporting administration body to make the request; or (viii) any tampering by the person with a sports drug matter covered by subparagraph 4A(2)(a)(ii) or (b)(ii). (2) A drug testing scheme may, in relation to the Register of Notifiable Events for that scheme: (a) authorise the Agency to enter the name of a competitor on that Register if the competitor fails, without reasonable cause, to comply with a request of the kind mentioned in paragraph (1)(a); and (b) authorise 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 a sample provided pursuant to such a request; and (c) authorise 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 to make such a request; and (d) authorise 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 keep the sporting administration body informed of where the competitor can be found; and (e) authorise 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 keep the sporting administration body informed of where the competitor can be found; (ii) but for this failure, the body would have made a request of the kind mentioned in paragraph (1)(a) to the competitor; and (f) authorise 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)(ii) or (b)(ii) or paragraph 4A(2)(c) or (e); and (g) authorise the Agency to enter, on that Register, specified particulars relating to a competitor referred to in another paragraph of this subsection. (3) Subsection (2) does not limit subsection 11(1). (4) To avoid doubt, a particular circumstance specified for the purposes of paragraph (2)(b), (c), (d) or (e) may consist of a decision of a kind referred to in subsection 17C(1). (5) To avoid doubt, subsections 15(3) and (4) apply in relation to the making of an entry referred to in subsection (2) of this section. This subsection does not, by implication, limit the application of other relevant provisions of Part 3. (6) Circumstances specified for the purposes of paragraph (2)(b) 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. (6A) Circumstances specified for the purposes of paragraph (2)(c), (d) or (e) may differ according to the fields of sporting activities in which competitors compete. (7) Subsection (6) or (6A) does not, by implication, limit subsection 33(3A) of the Acts Interpretation Act 1901. (8) To avoid doubt, this section applies both within and outside Australia.