Australian Sports Drug Agency Drug Testing (Scheme B) Orders 2000
as amended
made under regulation 7B of the
Australian Sports Drug Agency Regulations 1999
This compilation was prepared on 16 August 2004
taking into account amendments up to Australian Sports Drug Agency Drug Testing (Scheme B) Amendment Orders 2004 (No. 2)
Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra
Contents
Reader’s guide
Part 1 Introductory
1 Name of Orders [see Note 1]
2 Commencement [see Note 1]
3 Definitions
4 References to particular regulations
5 Repeatedly not being satisfied
6 What these Orders do
Part 2 Collecting and dealing with samples
Division 2.1 Introductory
7 What this Part does
8 Substantial compliance sufficient
Division 2.2 Sample collection
Subdivision 2.2.1 Introductory
9 Application of Division
10 Competitor to comply with instructions of Agency representative
11 Drug control official to record details of sample on drug testing form
12 Notice about competitor’s rights etc
13 Chaperone to instruct competitor to sign notification form
14 Failure to comply
15 Who may watch the blood collection procedure
16 Explanation of blood collection procedure
17 Choosing items of blood testing collection equipment
18 Checking the blood testing collection equipment
19 Defective items of blood testing collection equipment
20 Assembly of blood testing collection equipment
21 Collecting the blood sample
Subdivision 2.2.2 Securing the sample
22 Application of Subdivision
23 Choosing a test kit
24 Checking the test kit numbers
25 Checking that part 1 sample bottle is clean etc
26 Checking that part 2 sample bottle is clean etc
27 Checking that seals on bottles are intact
28 Sealing the blood sample
29 Defective test kits
Subdivision 2.2.3 Drug testing form
30 Completing the drug testing form
31 Interference with blood collection and sealing procedures etc
32 Drug control official to report sample identification number discrepancy
Division 2.3 Preparation of samples
33 Application of Division
34 Preparation for sending samples to the laboratory
35 Transporting samples
36 Overnight storage
Division 2.4 Testing of samples by accredited laboratories
37 Unsealing transport bag
38 Effect of broken seals
39 Records to be kept by accredited laboratory
40 Testing the blood sample
41 Accredited laboratory to notify Agency of results of testing sample
Division 2.5 Entries on Scheme B register
42 Details to be entered on Register
Part 3 Miscellaneous
44 Schedule of drugs and doping methods
45 Specified sporting administration bodies
Notes
Reader’s guide
Aim of the guide
1 The aim of this guide is to help you to understand the Australian Sports Drug Agency Drug Testing (Scheme B) Orders 2000 (the Scheme B Orders). However, the guide is not part of the Scheme B Orders and has no legal force.
2 The Scheme B Orders are made under the Australian Sports Drug Agency Regulations 1999 (the Regulations), which are made under the Australian Sports Drug Agency Act 1990 (the Act).
Definitions
3 Some of the words and phrases used in this guide and the Scheme B Orders are defined in the Act, some are defined in the Regulations, and some are defined in section 3 of the Scheme B Orders.
4 Words and expressions used in the Regulations or the Scheme B Orders that are defined in the Act have the same meaning in the Regulations and Scheme B Orders as they do in the Act (see Acts Interpretation Act 1901, paragraph 46 (1) (a)). For example, subsection 2 (1) of the Act contains definitions of Agency, Commission, competitor, drug testing scheme, sample and scheduled drug or doping method.
5 Similarly, words and expressions used in the Scheme B Orders that are defined in the Regulations have the same meaning in the Scheme B Orders as they do in the Regulations. For example, regulation 3 of the Regulations contains definitions of Act, drug control official, phlebotomist and Scheme B.
5A Section 4A of the Act provides that tampering with a sports drug matter includes an attempt to tamper with that matter.
Overview of the drug testing legislative scheme
6 Part 3 of the Act is about drug testing schemes. Subsection 11 (1) in Part 3 of the Act provides that the Regulations may formulate one or more drug testing schemes. There is a comprehensive definition of drug testing scheme in subsection 11 (2) of the Act.
7 Under the Regulations, the Agency may ask competitors to provide information about their whereabouts, to give biological or breath samples, and, if asked for a sample, a competitor must give one except in particular circumstances set out in the Regulations. The Regulations also provide that the Agency may arrange for samples to be tested for the presence of a scheduled drug or doping method.
8 Under section 17ZC of the Act, the Agency may ask a sporting administration body to arrange for a person to be asked for a sample and to arrange testing of the sample. That power will generally be used by the Agency if a competitor is competing overseas and the Agency therefore needs to rely on a foreign sporting administration body to arrange any drug testing required.
9 The Agency will generally enter details of a competitor’s failure to comply with a request for a sample, or of a positive test result in relation to a prohibited drug or doping method, on the relevant Register of Notifiable Events. The Agency will also enter details of a competitor’s failure to provide information about his or her whereabouts, or when a competitor has deliberately evaded an attempt by the Agency to make a request to take a sample, or when a competitor has tampered with a sample or any part of the process by which samples are requested, collected, handled tested and managed, or when, because of a competitor’s failure to provide information about his or her whereabouts, the Agency was not able to make a request to take a sample. Competitors have certain rights in relation to requests for samples and related matters, many of which are set out in Division 2.6 of the Regulations.
10 The Regulations set out some of the important details of drug testing schemes called Scheme A and Scheme B in accordance with Part 3 of the Act. Schemes A and B apply to all competitors, within the meaning of the Act. The Regulations also deal with other matters related to drug testing for other Parts of the Act.
11 Section 17G of the Act provides that a drug testing scheme may empower the Agency to make orders, to be known as drug testing orders, for the scheme. Regulation 7B provides that the Agency may make orders for Scheme B with respect to any matter for which the scheme may or must provide. The Scheme B Orders are made under that regulation.
12 Scheme B consists of Parts 2 and 3 of the Regulations and the Scheme B Orders. Scheme B provides for blood testing of competitors for drugs or doping methods. The Scheme B orders set out some of the finer details of Scheme B in accordance with Part 2 of the Regulations, such as the procedures to be followed when a competitor gives a sample in response to a request under the Regulations.
13 Regulation 7 provides that the Agency may make orders for Scheme A with respect to any matter for which the scheme may or must provide. The Australian Sports Drug Agency Drug Testing (Scheme A) Orders 1999 (the Scheme A Orders) are made under that regulation. Scheme A consists of Parts 2 and 3 of the Regulations and the Scheme A Orders. Scheme A provides for urine testing of competitors for drugs or doping methods.
14 To detect some substances, such as erythropoietin, a urine sample collected under Scheme A and a blood sample collected under Scheme B may both be tested.
15 To understand fully the Scheme B Orders, it may be necessary to refer to the Act and the Regulations. Notes have been included in the Regulations and the Scheme B Orders to help you to work out how the Act, the Regulations and the Scheme B Orders fit together. However, the notes themselves have no legal force.
Part 1 Introductory
1 Name of Orders [see Note 1]
These Orders are the Australian Sports Drug Agency Drug Testing (Scheme B) Orders 2000.
2 Commencement [see Note 1]
These Orders commence on gazettal.
3 Definitions
In these Orders:
blood collection procedure means the procedure for taking a blood sample from a competitor set out in Division 2.2.
blood testing collection equipment means equipment that is suitable for use under Scheme B:
(a) to collect a blood sample from a competitor; and
(b) to store the sample.
drug testing form means a form approved by the Agency for recording information about a blood sample collected from a competitor under Scheme B.
laboratory advice form means a form approved by the Agency for recording details about a blood sample collected by the Agency for testing by an accredited laboratory under Scheme B.
notification form means a form approved by the Agency for recording:
(a) a competitor’s written acknowledgment that the Agency has asked the competitor to provide a blood sample under Scheme B; and
(b) the competitor’s written acknowledgment that the competitor has received a written notice of the kind mentioned in subsection 12 (1) for the request.
part 1, of a blood sample given by a competitor under Scheme B, means the part of the sample that is contained in a Part 1 sample tube.
part 1 sample bottle means a bottle marked 1 that forms part of a test kit.
part 1 sample tube means a tube marked 1 that:
(a) is an item of blood testing collection equipment; and
(b) is suitable for containing part 1 of a blood sample given under Scheme B.
part 2, of a blood sample given by a competitor under Scheme B, means the part of the sample that is contained in a Part 2 sample tube.
part 2 sample bottle means a bottle marked 2 that forms part of a test kit.
part 2 sample tube means a tube marked 2 that:
(a) is an item of blood testing collection equipment; and
(b) is suitable for containing part 2 of a blood sample given under Scheme B.
prescribed courier service means a courier service prescribed by regulation 86 of the Regulations.
Regulations means the Australian Sports Drug Agency Regulations 1999.
sample identification number means a unique number used to identify a sample.
test kit means a test kit described in section 23.
test kit container means the container mentioned in section 23.
transport bag means an insulated bag approved by the Agency for transporting 1 or more samples to an accredited laboratory.
4 References to particular regulations
In these Orders, a reference to a particular regulation by number is a reference to the regulation of that number in the Regulations.
5 Repeatedly not being satisfied
(1) If, for a provision in Part 2 of these Orders, a competitor must be satisfied of a matter in relation to an item mentioned in subsection (2) (for example, that an item of blood testing collection equipment has not been tampered with) and, after considering 3 items of the same kind, the competitor is not satisfied of the matter in relation to 1 of the items:
(a) the drug control official must instruct the competitor to choose another of the items from a number of items of the same kind; and
(b) 2 Agency representatives must decide if they are satisfied of the matter in relation to the item chosen under paragraph (a).
(2) For subsection (1), the items are:
(a) an item of blood testing collection equipment;
(b) a test kit;
(c) a part 1 sample bottle;
(d) a lid for a part 1 sample bottle;
(e) a part 2 sample bottle;
(f) a lid for a part 2 sample bottle.
(3) If the Agency representatives are not satisfied of the matter in relation to the item chosen under paragraph (1) (a), the steps mentioned in paragraphs (1) (a) and (b) must be repeated until the Agency representatives are so satisfied.
(4) A decision by 2 Agency representatives under paragraph (1) (b) or subsection (3) that they are satisfied of a matter in relation to an item is taken, for the purposes of this Scheme, to be a decision by the competitor that the competitor is satisfied of that matter in relation to that item.
(5) In this section, satisfied includes, if the case requires, reasonably satisfied.
Note This section is designed to prevent a competitor from frustrating the sample collection process by repeatedly refusing to be satisfied, for example, that an item of blood testing collection equipment has not been tampered with.
6 What these Orders do
These Orders set out some of the details of Scheme B in accordance with Part 2 of the Regulations.
Note Subregulation 7A (3) provides that Scheme B consists of the requirements of Parts 2 and 3 of the Regulations and any orders made under regulation 7B. Regulation 7B provides that the Agency may make drug testing orders for Scheme B with respect to any matter for which Scheme B may or must provide. These Orders are made under regulation 7B.
Part 2 Collecting and dealing with samples
Division 2.1 Introductory
7 What this Part does
This Part sets out the procedures for collecting and dealing with blood samples for the purposes of regulation 20.
8 Substantial compliance sufficient
Except to the extent to which a provision of this Part sets out procedures relating to a matter mentioned in subsection 17A (3) of the Act, strict compliance with the procedures set out in this Part is not required and substantial compliance with the procedures is sufficient.
Note Subsection 17A (1) of the Act provides that a drug testing scheme may set out procedures for dealing with a sample.
Note: Subsection 17A (2) provides that a drug testing scheme may provide that strict compliance with those procedures is not required and substantial compliance is sufficient.
Note: Subsection 17A (3) provides that subsection 17A (2) does not apply to procedures relating to the following matters:
Note: (a) if samples are tested by accredited laboratories — the accredited laboratories;
Note: (b) if samples are tested using particular analytical techniques and equipment — the analytical techniques;
Note: (c) ensuring that a sample is not tampered with;
Note: (d) ensuring that a sample is securely contained and identified.
Division 2.2 Sample collection
Subdivision 2.2.1 Introductory
9 Application of Division
This Division applies if:
(a) the Agency asks a competitor to give the Agency a blood sample under Scheme B; and
(b) the competitor goes to a place to give the Agency a blood sample in accordance with the request; and
(c) a drug control official is present at the place; and
(d) a phlebotomist is present at the place.
Note Regulation 17 provides that the Agency may ask a competitor for a sample orally or by written notice, and that a request for a sample must state the place where the competitor is to give the sample and when the competitor is to go to the place for that purpose. Regulation 37 provides that as soon as practicable after the Agency asks the competitor for the sample, the Agency must give the competitor notice of the possible consequences of failing to comply with a request by the Agency to provide a sample.
10 Competitor to comply with instructions of Agency representative
A competitor must comply with the instructions, relevant to the sample collection process, of an Agency representative given under this Part.
Note 1 Agency representative is defined in regulation 3 of the Regulations as follows:
Note: Agency representative means:
Note: (a) a drug control official; or
Note: (b) a chaperone; or
Note: (c) a phlebotomist.
Note 2 Section 12 of the Act provides that, for the purposes of Part 3 of the Act, a competitor fails to comply with a request by the Agency to provide a sample if:
Note: (a) the competitor fails to provide a sample as required by the scheme; or
Note: (b) the competitor fails to complete or sign any form required by the scheme to be completed or signed by the competitor; or
Note: (c) after providing the sample, the competitor:
Note: (i) fails to do anything in relation to the sample that is required by the scheme to be done by the competitor; or
Note: (ii) does something in relation to the sample that the scheme requires the competitor not to do.
11 Drug control official to record details of sample on drug testing form
During the process of collecting a blood sample from a competitor, and at any time when the sample is in the drug control official’s custody, the drug control official may record on a drug testing form for the sample:
(a) information about the secure containment and identification of the sample; and
(b) any other information relevant to the drug testing process.
12 Notice about competitor’s rights etc
(1) When the competitor arrives at the place mentioned in paragraph 9 (b), a chaperone must give the competitor a written notice for the request for a sample setting out:
(a) a summary of the procedure for giving and testing blood samples; and
(b) a summary of the competitor’s rights under Scheme B; and
(c) a description of what the competitor may do before giving a sample; and
(d) a description of what will happen if the competitor fails to comply with the Agency’s request for a sample; and
(e) a description of what may happen if the result of the testing of a blood sample given by the competitor is positive.
(2) However, the chaperone need not give the competitor the notice if the competitor tells the chaperone that the Agency has already given the competitor a notice of the kind mentioned in subsection (1) for the request.
13 Chaperone to instruct competitor to sign notification form
(1) If the chaperone mentioned in section 12 gives the competitor a written notice under subsection 12 (1), the chaperone must instruct the competitor to sign a notification form for the request to provide a sample.
(2) If the competitor tells the chaperone, under subsection 12 (2), that the Agency has already given the competitor a notice of the kind mentioned in subsection 12 (1) for the request, the chaperone must instruct the competitor to sign a notification form for the request.
(3) If the competitor signs the form, the chaperone must give the competitor a copy of the signed form.
(4) A failure by a chaperone to give a competitor a copy of a signed notification form does not affect any obligation of the competitor to comply with the Agency’s request to provide a sample.
14 Failure to comply
If a competitor fails to comply with the Agency’s request to provide a sample, a drug control official must give the Agency written notice of the failure to comply as soon as practicable.
Note Section 12 of the Act provides that, for the purposes of Part 3 of the Act, a competitor fails to comply with a request by the Agency to provide a sample if:
Note: (a) the competitor fails to provide a sample as required by the scheme; or
Note: (b) the competitor fails to complete or sign any form required by the scheme to be completed or signed by the competitor; or
Note: (c) after providing the sample, the competitor:
Note: (i) fails to do anything in relation to the sample that is required by the scheme to be done by the competitor; or
Note: (ii) does something in relation to the sample that the scheme requires the competitor not to do.
15 Who may watch the blood collection procedure
(1) The persons mentioned in section 9 may watch the blood collection procedure.
(2) If present, the following persons may also watch the blood collection procedure:
(a) a chaperone;
(b) a representative of the competitor or an independent witness;
(c) an interpreter;
(d) a representative of the competitor’s international sporting federation.
(3) The Agency may only arrange for other persons to watch a blood collection procedure if the competitor from whom a blood sample is to be collected gives his or her consent.
16 Explanation of blood collection procedure
Before starting the blood collection procedure, an Agency representative must describe the blood collection procedure to the competitor.
17 Choosing items of blood testing collection equipment
(1) This section applies after the Agency representative has described the blood collection procedure to the competitor.
(2) The drug control official must, for each item mentioned in subsection (3):
(a) instruct the competitor:
(i) to choose a sealed plastic bag containing the item from a number of similar bags; and
(ii) to open the bag and check that the item has not been tampered with; and
(b) check that the item has not been tampered with.
(3) The items are:
(a) 1 part 1 sample tube;
(b) 1 part 2 sample tube;
(c) 1 needle;
(d) sterile disinfectant pads;
(e) plastic needle holders for the sample tubes.
(4) The sample tubes may contain substances to assist in the preservation or analysis of the sample.
(5) If the competitor or the drug control official is not reasonably satisfied that an item has not been tampered with, the drug control official must:
(a) instruct the competitor:
(i) to choose another sealed plastic bag containing the item from a number of similar bags; and
(ii) to open the bag and check that the item has not been tampered with; and
(b) check that the item has not been tampered with.
(6) Subsection (5) applies until subsection (7) is satisfied.
(7) This subsection is satisfied when the competitor and the drug control official are reasonably satisfied that:
(a) the competitor has chosen each of the items mentioned in subsection (3); and
(b) the items have not been tampered with.
18 Checking the blood testing collection equipment
(1) This section applies after subsection 17 (7) is satisfied.
(2) For each tube mentioned in paragraphs 17 (3) (a) and (b), the drug control official must:
(a) instruct the competitor to check that the tube is intact; and
(b) check that the tube is intact.
(3) For each item mentioned in paragraphs 17 (3) (c), (d) and (e), the drug control official must:
(a) instruct the competitor to check that the item is clean and intact; and
(b) check that the item is clean and intact.
(4) The procedures mentioned in section 17 and subsection (2) for the item must be followed again if the competitor or the drug control official is not reasonably satisfied that:
(a) an item mentioned in subsection (2) is intact; or
(b) an item mentioned in subsection (3) is clean and intact.
(5) Subsection (4) applies until subsection (6) is satisfied.
(6) This subsection is satisfied when the competitor and the drug control official are reasonably satisfied that:
(a) each item of blood testing collection equipment mentioned in subsection (2) is intact; and
(b) each item of blood testing collection equipment mentioned in subsection (3) is clean and intact.
19 Defective items of blood testing collection equipment
(1) This section applies after the drug control official instructs the competitor to choose an item of blood testing collection equipment under this Division.
(2) The drug control official must:
(a) check that the item is not defective; and
(b) instruct the competitor to check that the item is not defective.
(3) The drug control official must instruct the competitor to choose another item of blood testing collection equipment in accordance with section 17 if there are reasonable grounds for believing that:
(a) the item is defective; and
(b) if used to collect the competitor’s sample, the defective item could adversely affect the secure containment of the competitor’s sample.
20 Assembly of blood testing collection equipment
(1) This section applies after subsection 18 (6) is satisfied.
(2) The competitor must give the items of blood testing collection equipment that he or she has chosen to the phlebotomist.
(3) The phlebotomist must assemble the blood testing collection equipment.
21 Collecting the blood sample
(1) This section applies after the phlebotomist has assembled the blood testing collection equipment under section 20.
(2) This section sets out the procedures for collecting a blood sample, using the items of blood testing collection equipment that the competitor has chosen.
(3) The phlebotomist must:
(a) apply a tourniquet to the limb from which blood is to be taken; and
(b) clean the puncture site with a sterile disinfectant pad; and
(c) collect a blood sample from a superficial vein, by:
(i) first filling a part 1 sample tube; and
(ii) then filling a part 2 sample tube; and
(d) remove the needle; and
(e) apply a sterile disinfectant pad to the puncture site.
Subdivision 2.2.2 Securing the sample
22 Application of Subdivision
This subdivision applies if the phlebotomist has collected a blood sample from a competitor in accordance with section 21.
23 Choosing a test kit
(1) The drug control official must instruct the competitor to choose a test kit described in subsection (2) from a number of test kits.
(2) The test kit mentioned in subsection (1) consists of a container that has a sample identification number and contains the following items:
(a) a part 1 sample bottle that:
(i) has the same sample identification number as the container; and
(ii) is sealed in a plastic bag; and
(b) a lid for the part 1 sample bottle that:
(i) is also sealed in that bag; and
(ii) also has the same sample identification number as the container; and
(iii) can be used to seal the bottle to prevent tampering; and
(c) a part 2 sample bottle that:
(i) also has the same sample identification number as the container; and
(ii) is also sealed in a plastic bag; and
(d) a lid for the part 2 sample bottle that:
(i) is also sealed in that bag; and
(ii) also has the same sample identification number as the container; and
(iii) can be used to seal that bottle to prevent tampering.
(e) 2 adhesive labels that are marked with the same sample identification number as the container.
Example The Berlinger test kit.
(3) The drug control official must:
(a) instruct the competitor to check that the test kit has not been tampered with; and
(b) check that the test kit has not been tampered with.
(4) If the competitor or the drug control official is not reasonably satisfied that the kit chosen has not been tampered with, the drug control official must:
(a) instruct the competitor:
(i) to choose another test kit from a number of test kits; and
(ii) to check that the test kit has not been tampered with; and
(b) check that the test kit has not been tampered with.
(5) Subsection (4) applies until subsection (6) is satisfied.
(6) This subsection is satisfied when the competitor and the drug control official are reasonably satisfied that the competitor has chosen a test kit that has not been tampered with.
24 Checking the test kit numbers
(1) This section applies if subsection 23 (6) is satisfied.
(2) The drug control official must instruct the competitor:
(a) to remove from the test kit container the 2 bottles inside the test kit container; and
(b) to check that 1 of the bottles removed from the test kit container is a part 1 sample bottle and the other bottle is a part 2 sample bottle; and
(c) to look at the sample identification numbers on the test kit container, on each of the bottles and on each of the lids of the bottles to check that the numbers are the same.
(3) The drug control official must also look at the numbers to check that they are the same.
(4) If the competitor or the drug control official finds that the numbers are not the same, the drug control official must instruct the competitor to choose another test kit from a number of test kits.
(5) Section 23 and subsections (2), (3) and (4) apply until subsection (6) is satisfied.
(6) This subsection is satisfied when the competitor and the drug control official:
(a) are reasonably satisfied that the competitor has chosen a test kit that has not been tampered with; and
(b) are satisfied that 1 of the bottles removed from the test kit container is a part 1 sample bottle and the other bottle is a part 2 sample bottle; and
(c) are satisfied that the sample identification numbers on the test kit container, on each of the bottles removed from the test kit container and on each of the lids of the bottles are the same.
25 Checking that part 1 sample bottle is clean etc
(1) This section applies after subsection 24 (6) is satisfied.
(2) The drug control official must:
(a) instruct the competitor to check that the seal on the bag containing the part 1 sample bottle is intact; and
(b) if the competitor is reasonably satisfied that the seal is intact, instruct the competitor:
(i) to open the bag containing the part 1 sample bottle; and
(ii) to check that the bottle and the lid of the bottle are clean.
(3) If the competitor or the drug control official is not reasonably satisfied that the seal on the bag containing the part 1 sample bottle is intact and that the bottle and its lid are clean, the drug control official must instruct the competitor to choose another test kit from a number of test kits.
(4) Sections 23 and 24 and subsections (2) and (3) apply until subsection (5) is satisfied.
(5) Subsection (5) is satisfied when the competitor and the drug control official:
(a) are reasonably satisfied that the competitor has chosen a test kit that has not been tampered with; and
(b) are satisfied that 1 of the bottles removed from the test kit container is a part 1 sample bottle and the other bottle is a part 2 sample bottle; and
(c) are satisfied that the sample identification numbers on the test kit container, on each of the bottles removed from the test kit container and on each of the lids of the bottles are the same; and
(d) are reasonably satisfied that the part 1 sample bottle and its lid are clean.
26 Checking that part 2 sample bottle is clean etc
(1) This section applies after subsection 25 (5) is satisfied.
(2) The drug control official must:
(a) instruct the competitor to check that the seal on the bag containing the part 2 sample bottle is intact; and
(b) if the competitor is reasonably satisfied that the seal is intact, instruct the competitor:
(i) to open the bag containing the part 2 sample bottle; and
(ii) to check that the bottle and the lid of the bottle are clean.
(3) If the competitor or the drug control official is not reasonably satisfied that the seal on the bag containing the part 2 sample bottle is intact and that the bottle and its lid are clean, the drug control official must instruct the competitor to choose another test kit from a number of test kits.
(4) Sections 23, 24, 25 and subsections (2) and (3) apply until subsection (5) is satisfied.
(5) Subsection (5) is satisfied when the competitor and the drug control official:
(a) are reasonably satisfied that the competitor has chosen a test kit that has not been tampered with; and
(b) are satisfied that 1 of the bottles removed from the test kit container is a part 1 sample bottle and the other bottle is a part 2 sample bottle; and
(c) are satisfied that the sample identification numbers on the test kit container, on each of the bottles removed from the test kit container and on each of the lids of the bottles are the same; and
(d) are reasonably satisfied that the sample bottles and their lids are clean.
27 Checking that seals on bottles are intact
(1) This section applies after subsection 26 (5) is satisfied.
(2) The drug control official must instruct the competitor to check that the sealing mechanism in the lid of each sample bottle appears to be intact.
(3) If the competitor or the drug control official is not reasonably satisfied that the sealing mechanism in the lid of each sample bottle appears to be intact, the drug control official must instruct the competitor to choose another test kit from a number of test kits.
(4) Sections 23, 24, 25 and 26 and subsections (2) and (3) apply until subsection (5) is satisfied.
(5) This subsection is satisfied when the competitor and the drug control official:
(a) are reasonably satisfied that the competitor has chosen a test kit that has not been tampered with; and
(b) are satisfied that 1 of the bottles removed from the test kit container is a part 1 sample bottle and the other bottle is a part 2 sample bottle; and
(c) are satisfied that the sample identification numbers on the test kit container, on each of the bottles removed from the test kit container and on each of the lids of the bottles are the same; and
(d) are satisfied that the sample bottles and their lids are clean; and
(e) are reasonably satisfied that the sealing mechanism in each of the lids appears to be intact.
28 Sealing the blood sample
(1) This section applies after subsection 27 (5) is satisfied.
(2) The competitor may ask the drug control official or the competitor’s representative to complete the sample sealing process for the competitor.
(3) If the competitor asks the drug control official to complete the sample sealing process for the competitor, the drug control official must follow the steps mentioned in subsection (6).
(4) If the competitor asks the competitor’s representative to complete the sample sealing process for the competitor, the drug control official must instruct the competitor’s representative to follow the steps mentioned in subsection (6).
(5) If the competitor does not ask the drug control official or the competitor’s representative to complete the sample sealing process for the competitor, the drug control official must instruct the competitor to follow the steps mentioned in subsection (6).
(6) The steps are:
(a) to apply 1 of the adhesive labels in the test kit to the part 1 sample tube; and
(b) to apply the other adhesive label to the part 2 sample tube; and
(c) to put the part 1 sample tube in the part 1 sample bottle; and
(d) to seal the part 1 sample bottle by securing the lid of the bottle on the bottle; and
(e) to put the part 2 sample tube in the part 2 sample bottle; and
(f) to seal the part 2 sample bottle by securing the lid of the bottle on the bottle.
(7) After the sample tubes have been sealed in the sample bottles, the drug control official must put the sample bottles into the test kit container.
29 Defective test kits
(1) This section applies after the drug control official instructs the competitor to choose a test kit under this Division.
(2) The drug control official must:
(a) instruct the competitor to check that the items that make up the test kit are not defective; and
(b) check that the items are not defective.
(3) Subsection (4) applies if there are reasonable grounds for believing that:
(a) an item forming part of the test kit is defective; and
(b) if used to contain the competitor’s sample, the defective item could adversely affect the secure containment or identification of the competitor’s sample.
(4) The drug control official must instruct the competitor to choose another test kit in accordance with the relevant provisions of this Division.
Subdivision 2.2.3 Drug testing form
30 Completing the drug testing form
(1) This section applies after the blood sample has been sealed in accordance with section 28.
(2) The drug control official must complete the drug testing form.
(3) The drug control official must record the following information on the drug testing form:
(a) the names of:
(i) the competitor; and
(ii) the drug control official; and
(iii) the phlebotomist; and
(iv) any other person present during the blood collection procedure and the capacity in which the person was present;
(b) the competitor’s sport;
(c) the date and time when the sample was collected;
(d) the sample identification number;
(e) the approximate total amount of blood collected;
(f) information about the secure containment and identification of the sample;
(g) any other information relevant to the blood testing process.
(4) The phlebotomist must sign the drug testing form.
(5) The drug control official, the competitor, the competitor’s representative (if any) and the independent witness (if any) must check all of the information recorded on the drug testing form.
(6) If the drug control official, the competitor, the competitor’s representative (if any) or the independent witness (if any) is not satisfied that the information recorded on the drug testing form is correct, the drug control official must amend the form appropriately.
(7) Subsections (5) and (6) apply until the information recorded on the drug testing form is correct.
(8) When the information recorded on the drug testing form is correct, the drug control official, the competitor, the competitor’s representative (if any) and the independent witness (if any) must sign the form.
(9) The drug control official must give a copy of the signed form to the competitor.
31 Interference with blood collection and sealing procedures etc
(1) A person must not intentionally interfere with the operation of the procedures set out in this Division for ensuring that a sample is securely contained and identified in clean sample bottles.
(2) A competitor who has given a sample must not intentionally open or break the seal of a sample bottle containing a sample tube that contains part of a blood sample collected from the competitor.
(3) If a competitor, or another person, contravenes subsection (1) or (2), the drug control official:
(a) must give the Agency a written notice reporting the matter as soon as practicable; and
(b) may instruct the competitor to give another blood sample.
32 Drug control official to report sample identification number discrepancy
(1) Subsection (2) applies if a drug control official becomes aware that the sample identification number on a sample tube or sample bottle does not correspond with the sample identification number on the test kit for the sample tube or sample bottle.
(2) The drug control official must give the Agency a written notice reporting the matter as soon as practicable.
Division 2.3 Preparation of samples
33 Application of Division
This Division applies if a blood sample has been collected in accordance with Division 2.2.
34 Preparation for sending samples to the laboratory
(1) The drug control official must:
(a) keep the sample under refrigeration under his or her control until the sample is secured in a transport bag; and
(b) in the presence of another Agency representative, record on the laboratory advice form for the transport bag:
(i) the number of the transport bag seal that is to be used to seal the transport bag; and
(ii) the sample identification number of each sample that is in the bag; and
(iii) the date the samples were collected; and
(iv) the names of the persons who have had custody of the samples; and
(c) in the presence of another Agency representative, sign the laboratory advice form for the transport bag; and
(d) place each test kit container, drug testing form and laboratory advice form to be sent to an accredited laboratory in the transport bag; and
(e) in the presence of another Agency representative, seal the transport bag using a transport bag seal; and
(f) put the transport bag into a box provided by a prescribed courier service.
(2) The drug control official must not send to a laboratory any information that may identify by name a competitor who has given a sample for testing under Scheme B.
35 Transporting samples
(1) As soon as practicable after a transport bag is sealed under paragraph 34 (1) (e), the drug control official who sealed the bag must:
(a) send the bag to an accredited laboratory by a prescribed courier service; and
(b) send to the Agency the drug testing form for each sample in the transport bag.
(2) If the transport bag is delivered to an accredited laboratory by a prescribed courier service in the normal course of business, the bag is taken to have arrived safely at the laboratory.
(3) While the seal on a transport bag remains intact, the samples in the bag are taken to be securely contained.
36 Overnight storage
(1) This section applies if a competitor’s blood sample is not to be sent to an accredited laboratory on the day on which it is collected.
(2) The sample must be stored securely, under refrigeration, by a drug control official until it is sent to the laboratory.
Division 2.4 Testing of samples by accredited laboratories
37 Unsealing transport bag
(1) This section applies if an accredited laboratory receives a transport bag containing a test kit container.
(2) As soon as practicable after the accredited laboratory receives the transport bag, an employee of the laboratory must:
(a) check that the seal on the bag is intact; and
(b) open the transport bag by breaking the seal on the bag; and
(c) remove all of the test kit containers from the bag; and
(d) for each test kit container:
(i) check that the seals on the sample bottles are intact; and
(ii) compare the sample identification number on the container with the sample identification number on the sample bottles in the container to check that the sample identification numbers are the same; and
(iii) compare the sample identification number on the container and the sample identification number on the sample bottles in the containers with the sample identification number for that container recorded on the laboratory advice form in the bag to check that the sample identification numbers are the same; and
(e) complete the receipt section of the laboratory advice form for the bag.
(3) The employee must record the following details on the laboratory advice form for each transport bag:
(a) the date and time when the laboratory received the transport bag;
(b) the name of the employee who opened the transport bag;
(c) whether the seal on the transport bag was intact immediately before the employee opened the bag;
(d) for each test kit container:
(i) whether the seal on each sample bottle in the container was intact;
(ii) whether the sample identification number on each sample bottle in the container is the same as the sample identification number marked on the container;
(iii) whether the sample identification number on the container is the same as the sample identification number for that container recorded on the laboratory advice form in the transport bag.
(3) As soon as practicable after completing the laboratory advice form, the employee must give the Agency a copy of the form.
(4) The accredited laboratory must ensure that any samples it receives are stored securely under refrigeration.
(5) The accredited laboratory must ensure that an employee of the laboratory is responsible for:
(a) ensuring that the samples are stored securely under refrigeration; and
(b) recording the name of each laboratory employee who is given access to the samples.
38 Effect of broken seals
(1) This section applies if an accredited laboratory receives:
(a) a transport bag that has a broken seal; or
(b) a sample bottle that has a broken seal.
(2) The laboratory must tell the Agency as soon as possible and must give the Agency:
(a) for a transport bag that has a broken seal — the sample identification number of each sample bottle in the bag; or
(b) for a sample bottle that has a broken seal — the sample identification number of the bottle.
(3) The laboratory must not carry out a test on:
(a) a blood sample received in a transport bag that has a broken seal; or
(b) a part of a blood sample received in a sample bottle that has a broken seal.
(4) However, the laboratory may carry out a test on a blood sample mentioned in subsection (3) if the Agency gives the laboratory approval to do so.
(5) The Agency may give the laboratory that approval only if there are reasonable grounds for believing that the transport bag or sample bottle has not been tampered with.
39 Records to be kept by accredited laboratory
An accredited laboratory that receives a transport bag containing a sample must keep a record of:
(a) where the sample is stored; and
(b) the name of the person mentioned in subsection 37 (5).
40 Testing the blood sample
As soon as practicable after an accredited laboratory receives a transport bag containing a sample bottle, the accredited laboratory must, unless section 38 applies, test each sample for the presence of any relevant scheduled drug or doping method.
Note For the meaning of relevant scheduled drug or doping method, see regulation 3. For the schedule of drugs and doping methods, see section 44.
41 Accredited laboratory to notify Agency of results of testing sample
(1) If the result of testing by an accredited laboratory of a blood sample is negative, the accredited laboratory must give the Agency written notice as soon as practicable of:
(a) the result; and
(b) the sample identification number of the sample tube that contained the blood tested; and
(c) any other relevant information that the Agency requires the laboratory to provide.
(2) If the result of the testing is positive, the accredited laboratory must give the Agency written notice as soon as practicable of:
(a) the result; and
(b) the sample identification number of the sample tube that contained the blood tested; and
(c) the name of the relevant scheduled drug or doping method detected by the testing; and
(d) if the schedule of drugs and doping methods for Scheme B sets out a permitted level for the drug or doping method detected for the sport in relation to which the competitor was asked for a sample — whether the permitted level is exceeded.
Note 1 For the meaning of positive test result, see section 2 of the Act.
Note 2 For the schedule of drugs and doping methods for Scheme B, see section 44.
Division 2.5 Entries on Scheme B register
42 Details to be entered on Register
(1) This section applies for the following provisions of the Regulations:
(a) paragraph 27 (2) (c);
(b) paragraph 28 (2) (c);
(c) paragraph 29 (2) (c);
(d) paragraph 30 (2) (c).
(2) In addition to the competitor’s name, the Agency must enter the following details on the Scheme B register:
(a) the following statement, as relevant:
(i) the competitor has failed to comply with a request for a sample;
(ii) the competitor has returned a positive test result;
(iii) the competitor has failed to comply with a request that the competitor keep the Agency informed of where the competitor could be found;
(iv) the competitor missed a test, or failed to provide a sample, because of a failure by the competitor to comply with a request that the competitor keep the Agency informed of where the competitor could be found;
(v) the competitor has deliberately evaded receiving a request for a sample;
(vi) the competitor has tampered with a sports drug matter;
(b) for a matter other than returning a positive test result — a statement that the Agency has decided that the competitor did not have reasonable cause for the relevant matter in paragraph (a);
(c) the competitor’s date of birth and, if the competitor is under 18 on the day the request is made, a statement to that effect;
(d) the sport in relation to which the sample was requested;
(e) the date specified by the Agency for collection of the sample;
(f) if the Agency asked a sporting administration body, under paragraph 17ZC (1) (a) of the Act, to arrange for the competitor to be asked to give the sample — the name of the sporting administration body;
(g) the State, Territory or country in which the request was made;
(h) the reason why the sample was requested;
(i) the date on which the sample (if any) was given;
(j) the name of any sporting administration body to which the Agency has given, or intends to give, written notice about the entry under regulation 32;
(k) the details of any action taken by any sporting administration body in relation to the matter.
Note 1 For the meaning of positive test result, see section 2 of the Act.
Note 2 For the schedule of drugs and doping methods for Scheme B, see section 44.
Note 3 Section 12 of the Act provides that, for the purposes of Part 3 of the Act, a competitor fails to comply with a request by the Agency to provide a sample if:
Note: (a) the competitor fails to provide a sample as required by the scheme; or
Note: (b) the competitor fails to complete or sign any form required by the scheme to be completed or signed by the competitor; or
Note: (c) after providing the sample, the competitor:
Note: (i) fails to do anything in relation to the sample that is required by the scheme to be done by the competitor; or
Note: (ii) does something in relation to the sample that the scheme requires the competitor not to do.
(3) If the competitor has returned a positive test result, the Agency must also enter the following details on the Scheme B register:
(a) a statement to the effect that the Agency has decided, under paragraph 29 (1) (h) or 30 (1) (i) of the Regulations, that the positive test result:
(i) is valid; and
(ii) must be entered on the Scheme B register;
(b) the reason why the Agency decided to make the entry on the Scheme B register, that includes:
(i) the name and class (if any) of the relevant scheduled drug or doping method detected that caused the positive test result and any other drug or doping method detected by the test; and
(ii) if the schedule of drugs and doping methods for Scheme B sets out a permitted level for the drug or doping method detected for the sport in relation to which the competitor was asked for a sample — the fact that the permitted level is exceeded.
Note 1 For the meaning of positive test result, see section 2 of the Act.
Note 2 For the schedule of drugs and doping methods for Scheme B, see section 44.
Part 3 Miscellaneous
44 Schedule of drugs and doping methods
(1) For regulation 14, the schedule of drugs and doping methods for Scheme B consists of each list of prohibited drugs and doping methods, as in force from time to time, kept by each sporting administration body mentioned in Schedule 1 to the Scheme A Orders.
(2) The permitted level (if any) for each of those drugs and doping methods for a competitor who is instructed to give a blood sample in relation to a particular sport is the amount (if any) of the drug or doping method mentioned in the list of prohibited drugs and doping methods applicable to the sport as the acceptable level of the drug or doping method for the sport.
(3) In this section:
list of prohibited drugs and doping methods means a list of the drugs and doping methods that are prohibited absolutely, or prohibited in the amounts mentioned in the list, for competitors competing in a particular sport.
45 Specified sporting administration bodies
For regulations 32, 33 and 86A, each sporting administration body mentioned in Schedule 1 to the Scheme A Orders is a specified sporting administration body.
Notes to the Australian Sports Drug Agency Drug Testing (Scheme B) Orders 2000
Note 1
Note: The Australian Sports Drug Agency Drug Testing (Scheme B) Orders 2000 (in force under regulation 7B of the Australian Sports Drug Agency Regulations 1999) as shown in this compilation is amended as indicated in the Tables below.
Note: Table of Instruments
Title
Date of notificationin Gazette
Date ofcommencement
Application, saving ortransitional provisions
Australian Sports Drug Agency Drug Testing (Scheme B) Orders 2000
14 Sept 2000(see Gazette 2000, No. S499)
14 Sept 2000
Australian Sports Drug Agency Drug Testing (Scheme B) Amendments Orders 2002 (No. 1)
25 Sept 2002(see Gazette 2002, No. GN38)
25 Sept 2002
—
Australian Sports Drug Agency Drug Testing (Scheme B) Amendments Orders 2004 (No. 1)
28 July 2004(see Gazette 2004, No. S307)
30 July 2004
—
Australian Sports Drug Agency Drug Testing (Scheme B) Amendment Orders 2004 (No. 2)
Section 1 - Australian Sports Drug Agency Drug Testing (Scheme B) Orders 2000 - Australian Sports Drug Agency Drug Testing (Scheme B) Orders 2000 | Zoe