CTHRepealedLegislation
Australian Sports Drug Agency Regulations 1999
42What happens if result of test of Part A of sample is positive
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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
(b) if the Agency enters information about the test result on the relevant register, the Agency must give written notice about the entry to:
(i) each relevant national sporting organisation in relation to the competitor; and
(ii) each relevant sporting organisation (if any) in relation to the competitor; and
(iii) each relevant government agency in relation to the competitor.
(6) Before the information notice is presumed to have been received by the competitor, the Agency may give the competitor oral notice of the matters mentioned in the information notice.
> Note 1 Relevant national sporting organisation and relevant sporting organisation are defined in section 2 of the Act. Government agency is defined in regulation 3.