CTHRepealedLegislation
Australian Sports Drug Agency Regulations 1999
64Functions of ASDMAC
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64 Functions of ASDMAC
(1) The ASDMAC may investigate a positive test result for a sample given by a competitor to find out whether the result was caused by naturally occurring levels of the substance concerned.
> Note An analytical investigative body also has the power to investigate a positive test result for the same purpose (see subregulation 25 (1)).
(2) The ASDMAC may give a competitor approval, in accordance with the International Standard for Therapeutic Use Exemptions as amended and in force from time to time, to use a scheduled drug or doping method for therapeutic purposes.
(2A) If a competitor has an approval for the use of a drug for therapeutic purposes, the ASDMAC may investigate the sample analysis result for a sample given by the competitor to find out whether the competitor has complied with the conditions of the approval.
> Note An analytical investigative body also has the power to investigate the sample analysis result for the same purpose (see subregulation 25 (2)).
(3) The ASDMAC may disclose to a competitor:
(a) information arising out of the entry of the competitor’s name on the relevant register; or
(b) information about a test on a sample given by the competitor:
(i) carried out by a sporting administration body other than under section 17ZC of the Act; and
(ii) that has revealed the presence of a relevant scheduled drug or doping method.
(4) The ASDMAC may disclose to any relevant sporting administration body:
(a) information arising out of the entry of a competitor’s name on the relevant register; or
(b) information about a test on a competitor’s sample:
(i) carried out by a sporting administration body other than under section 17ZC of the Act; and
(ii) that has revealed the presence of a relevant scheduled drug or doping method.
(5) If the Agency asks the ASDMAC to review the procedures adopted by a sporting administration body for approving the use of scheduled drugs or doping methods for therapeutic purposes, the ASDMAC may do so.
(5A) If the Agency consults with the ASDMAC in relation to whether an approval for the use of a drug for therapeutic purposes counts, the ASDMAC may investigate the approval and give its opinion to the Agency.
(5B) The ASDMAC may participate in a review or an appeal that is related directly or indirectly to a decision made by the ASDMAC:
(a) to approve the use of a scheduled drug for therapeutic purposes; or
(b) to refuse to approve the use of a scheduled drug for therapeutic purposes.
(5C) The ASDMAC may give information to a sporting administration body that:
(a) is related to a drug testing program; and
(b) is related directly or indirectly to a decision made by the ASDMAC:
(i) to approve the use of a scheduled drug for therapeutic purposes; or
(ii) to refuse to approve the use of a scheduled drug for therapeutic purposes.
(5D) However, the ASDMAC must not give information under subregulation (5C) unless the ASDMAC has taken reasonable steps to satisfy itself that the information disclosed will not be used or disclosed for other purposes.
(6) The orders may confer additional functions on the ASDMAC.
> Note For other functions of the ASDMAC, see s 65C of the Act and r 32.