42What happens if result of test of Part A of sample is positive

42 What happens if result of test of Part A of sample is positive

(a) the competitor gives a sample in response to the Agency’s request for a sample; and

(b) the result of the testing arranged by the Agency of Part A of the competitor’s sample is positive.

(2) As soon as practicable after receiving information about the result of the test, the Agency must give the competitor a written notice (the information notice) stating that the result of the test is positive.

(3) If there is a Part B of the sample, the information notice must also state:

(a) that the competitor has the right to notify the Agency in writing, within 7 days after receiving the information notice, that the competitor:

(i) elects to have Part B of the sample tested; or

(ii) does not elect to have Part B of the sample tested; and

(b) that, if the competitor does not notify the Agency within 7 days after receiving the information notice, the competitor cannot make any further election in relation to Part B of the sample; and

(c) that, if the competitor elects to have Part B of the sample tested:

(i) the Agency will arrange for Part B of the sample to be tested on the testing day stated in a notice under paragraph 43 (3) (a); and

(ii) the competitor is entitled to be present or represented at the testing of Part B of the sample; and

(iii) the Agency will give the competitor notice of the result of the test as soon as practicable; and

(iv) if the result of the test is positive, the competitor may choose an option mentioned in subregulation (4); and

(d) that, if the competitor does not elect to have Part B of the sample tested:

(i) the competitor is still entitled to make a submission in relation to the testing of Part A of the sample; and

(ii) the competitor may waive his or her right to make a submission in relation to the testing of Part A of the sample; and

(iii) the Agency will make a decision under regulation 29 whether or not to make an entry on the relevant register; and

(e) the possible consequences, mentioned in subregulation (5), of a positive test result for the sample

(4) For subparagraph (3) (c) (iv), the options are that within 7 days after receiving the notice about the result of Part B of the sample, the competitor (or a person on the competitor’s behalf) may:

(a) give the Agency a submission setting out any information or evidence that may affect the validity of the results of the testing of Part A or Part B of the sample; or

(5) For paragraph (3) (e), the possible consequences are that:

(a) the Agency may have to enter information about the test result on the relevant register; and