Part 3of the Act is about drug testing schemes. Subsection 11 (1) of the Act (which is 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.

Part 3 of the Act is about drug testing schemes. Subsection 11 (1) of the Act (which is 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. 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. There is scope in the Act for other drug testing schemes (which may apply to competitors in particular sports, for example) to be formulated in the future. The Regulations also deal with other matters relating to drug testing in accordance with other parts of the Act. Under the Regulations, the Agency may ask competitors to provide information about their whereabouts, to give bodily samples, and, if asked for a sample, a competitor must give the sample requested except in particular circumstances set out in the Regulations. The Regulations also provide that the Agency may arrange for competitors’ samples to be tested for the presence of a scheduled drug or doping method. 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 for the sample to be tested. That power will generally be used by the Agency when a competitor is competing overseas and the Agency needs to rely on a foreign sporting administration body to arrange any drug testing required in relation to the competitor. The Agency will generally enter details of a competitor’s failure to comply with a request for a sample or a positive test result on the Register of Notifiable Events for the relevant drug testing scheme that is maintained by the Agency. 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. 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. Regulation 7 provides that the Agency may make orders about any matter for which Scheme A may or must provide: see the Australian Sports Drug Agency Drug Testing (Scheme A) Orders 1999. Regulation 7B provides that the Agency may make orders about any matter for which Scheme B may or must provide: see the Australian Sports Drug Agency Drug Testing (Scheme B) Orders 2000. To fully understand the Regulations, it may be necessary to refer to the Act and the Orders. Notes have been included in the Regulations and will be included in the Orders to help you to work out how the Act, the Regulations and the Orders fit together. However, the notes have no legal force.