I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and under section 4 of the Acts Interpretation Act 1901, hereby make the following Regulations under the Australian Sports Drug Agency Act 1990.
Dated 13 February 1991.
BILL HAYDEN
Governor-General
By His Excellency’s Command,
ROS KELLY
Minister of State for the Arts, Sport, the Environment,
Tourism and Territories
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PART 1—PRELIMINARY
Citation
These Regulations may be cited as the Australian Sports Drug Agency Regulations.
Commencement
These Regulations commence on the date on which the Australian Sports Drug Agency Act 1990 commences.
Interpretation
In these Regulations, unless the contrary intention appears:
“A sample bottle” means a bottle, marked with a number which has the letter “A” as a prefix, that is intended to be contained in a security transit container that bears the same number and prefix;
“B sample bottle” means a bottle, marked with a number which has the letter “B” as a prefix, that is intended to be contained in a security transit container that bears the same number and prefix;
“carrier bag” means a bag provided by the Agency for the despatch of security transit containers containing samples to an accredited laboratory;
“carrier bag seal” means the numbered seal that is used to seal a carrier bag;
“chaperone” means:
(a) a drug control official; or
(b) a person appointed to be a chaperone under subregulation 5 (1);
“drug control area” means that part of a drug control facility referred to in paragraph 14 (1) (b);
“drug control facility” means the place established as a drug control facility under subregulation 14 (1) including any area referred to in subregulation 14 (2);
“drug control official” means a person appointed to be a drug control official under subregulation 4 (1);
“Drug Testing Form” means the Form referred to in subregulation 23 (4);
“Information Sheet” means the Information Sheet referred to in subregulation 11 (3);
“Laboratory Advice Form” means the Form referred to in subregulation 24 (3);
“Notification Form” means the the Form referred to in subregulation 11 (2);
“representative”, in relation to a competitor, means either or both of:
(a) a person chosen by a competitor to oversee any part of the process of the collection or testing of a sample; or
(b) an interpreter whom the competitor has asked to assist him or her during that process;
“sample collection container” means a clean container intended to be used for the collection of a sample;
“security transit container” means a numbered container, sealed with a security transit seal, that is one of 2 security transit containers referred to in subregulation 21 (2);
“security transit container number” means the number, including the prefix “A” or “B”, on a security transit container;
“security transit seal” means the numbered seal that is used by affixing it to a security transit container in such a way that the container is unable to be opened without breaking the seal;
“test” includes a series of tests;
“the Act” means the Australian Sports Drug Agency Act 1990;
“waiting area” means that part of a drug control facility referred to in paragraph 14 (1) (a).
PART 2—DRUG CONTROL OFFICIALS AND CHAPERONES
Drug control officials
(1) The Agency may appoint a person to be a drug control official for the purposes of these Regulations.
(2) The Agency must ensure that each drug control official is issued with an identity card that bears a recent photograph of the person appointed.
Chaperones
(1) The Agency may appoint a person to be a chaperone for the purposes of these Regulations.
(2) A drug control official is also a chaperone.
(3) The Agency is to ensure that each chaperone is issued with an identity card:
(a) in the case of the drug control official—that bears a recent photograph of the official; and
(b) in any other case—that bears the signature of a drug control official.
(4) If a person ceases to be a chaperone, he or she is to return his or her identity card to the Agency.
Production of identity cards
(1) If, in the course of his or her duties, a drug control official or chaperone is asked by a competitor to produce his or her identity card, the drug control official or chaperone must do so.
(2) A competitor is not required to comply with a request made by a drug control official or chaperone if, when requested by the competitor to do so, the drug control official or chaperone does not produce his or her identity card.
Conflict of interest—drug control officials and chaperones
(1) If a drug control official or chaperone has an interest in the collection or in the outcome of the testing of a sample of a competitor, the drug control official or chaperone must, as soon as practicable after the relevant facts have come to his or her knowledge, disclose the nature of the interest to the Agency.
(2) The Agency must consider the matter and, if it appears warranted in the circumstances, it may require another drug control official or chaperone to perform the duties of drug control official or chaperone in relation to the collection or testing of a sample of that competitor.
(3) For the purposes of this regulation, a person is to be taken to have an interest in the collection or testing of a sample if:
(a) the drug control official or chaperone has a direct or indirect pecuniary interest in the outcome of the testing of that sample; or
(b) the competitor from whom the sample is to be taken is involved in a particular sport and the drug control official or chaperone participates in, or is involved in any way in the administration of, that sport; or
(c) the competitor is associated with a particular sporting organisation and the drug control official or chaperone is a member of, or is involved in any way in the administration of, that organisation; or
(d) the sample is to be collected at, or in relation to, a particular sporting event or sporting venue and the drug control official or chaperone is involved in any way in the administration (other than in performing his or her duties or functions under these Regulations) of that event or venue; or
(e) the drug control official or chaperone is related to, or has some involvement in the affairs of, the competitor.
PART 3—SAMPLING
Notification of selected competitor
(1) If the Agency selects a competitor to provide a sample, the Agency is to ensure that the Agency or a chaperone tells the competitor of that fact.
(2) A request for a sample may be made:
(a) by telephone; or
(b) in writing, by prepaid registered letter sent to the last known address of the competitor; or
(c) in person in accordance with regulation 9.
(3) A request for a sample must specify:
(a) the drug control facility at which the competitor is to provide the sample; and
(b) the time when the competitor must come to that place for that purpose.
(4) If it would be unreasonable to require the competitor to come to the specified place at the specified time, the Agency may agree with the competitor to collect the sample at a different time or place.
(5) If a place specified under paragraph 8 (3) (a) is more than 50 kilometres from the place at which the request is received, or if it is otherwise reasonable to do so, the Agency must offer to pay the reasonable expenses of the competitor incurred in travelling from the place where the request was received to the specified place.
(6) The time specified under paragraph 8 (3) (b) must be sufficient to permit the competitor to travel to the place at which he or she is to provide a sample.
(7) The Agency, a drug control official or a chaperone must not disclose the identity of a competitor selected to provide a sample until the competitor is asked to provide the sample.
Chaperone to request sample
(1) A chaperone may, in person and at any reasonable time, ask a competitor selected by the Agency to provide a sample.
(2) In spite of paragraph 8 (3) (b), a request for a sample made in person to a competitor may require the competitor to provide the sample as soon as practicable after the request is made.
(3) If:
(a) a competitor has been asked by telephone or in writing to provide a sample; and
(b) the competitor has not complied with that request;
a chaperone may make the same request of the competitor in person.
(4) If a competitor who has been asked by telephone or in writing to provide a sample is subsequently asked, in person, to provide a sample, the competitor is not required to comply with the telephoned or written request.
Confirmation of telephone request
If a competitor is asked by telephone to provide a sample for testing, the request is to be confirmed in writing as soon as practicable after it is made.
Procedure to be adopted by chaperone on contacting competitor
(1) If:
(a) a chaperone asks a competitor in person to provide a sample; or
(b) a competitor who has been asked by telephone or in writing to provide a sample comes to a drug control facility attended by a chaperone;
the chaperone is to:
(c) identify himself or herself as a chaperone; and
(d) advise the competitor that the Agency has selected the competitor to provide a sample for testing; and
(e) complete the Notification Form; and
(f) give the competitor a copy of the Information Sheet; and
(g) ask the competitor to sign the Notification Form to indicate that the Notification Form and Information Sheet have been received by the competitor; and
(h) give the competitor a copy of the completed Notification Form; and
(i) ask the competitor to agree to provide a sample; and
(j) tell the competitor about his or her entitlement to have a representative present during the collection and testing of the sample; and
(k) ask the competitor to accompany the chaperone to the drug control facility.
(2) A Notification Form is to be substantially in accordance with Schedule 1.
(3) An Information Sheet is to be substantially in accordance with Schedule 2.
(4) If a competitor:
(a) refuses to agree to provide a sample; or
(b) refuses to accompany a chaperone to a drug testing area; or
(c) refuses or fails to come to a place specified in accordance with subregulation 8 (3) or (4);
the chaperone concerned must inform the drug control official immediately.
(5) If the drug control official is informed under subregulation (4) of a failure to comply with a request, the drug control official must record the failure on the Drug Testing Form, sign it, and send it to the Agency as soon as practicable.
What may a competitor do before going to the drug control facility?
(1) Before accompanying a chaperone to a drug control facility, a competitor may:
(a) arrange for a representative to accompany the competitor to the drug control facility; or
(b) receive necessary medical attention; or
(c) with the approval of the chaperone:
(i) attend a victory ceremony; or
(ii) fulfil media commitments; or
(iii) compete in further events; or
(iv) complete a current training session; or
(v) perform a warmdown;
remaining visible to the chaperone at all times.
(2) A chaperone must not refuse a reasonable request by a competitor for approval under paragraph (1) (c).
(3) A refusal by a chaperone to accede to a request by a competitor for approval under paragraph (1) (c) does not invalidate any test conducted on a sample provided by that competitor.
What must the Agency tell the competitor?
(1) The Agency must tell a competitor who is requested to provide a sample about:
(a) the procedure for collecting and testing samples; and
(b) the competitor's entitlement to have a representative of his or her choice present to oversee the collection of the sample; and
(c) the possible consequences of a failure to comply with a request to provide a sample; and
(d) the possible consequences of returning a positive test result; and
(e) the competitor's right to make submissions under section 13 of the Act.
(2) The Agency must tell each competitor who provides a sample:
(a) the competitor may be present, or represented, at any subsequent testing of the sample if the initial testing of the sample reveals the possibility of a positive test result; and
(b) about the possible consequences of the sample returning a positive test result; and
(c) the persons or bodies who would be notified if a positive test result were to be returned.
(3) For the purposes of subregulations (1) and (2), when the chaperone gives a competitor an Information Sheet under paragraph 11 (1) (f), the Agency is to be regarded as having notified the competitor of the matters referred to in paragraphs (1) (a) to (e) (inclusive) and paragraphs (2) (a), (b) and (c).
Taking of samples—drug control facility
(1) The drug control official at a place where samples are to be collected is to establish and control a drug control facility consisting of:
(a) a waiting area; and
(b) a drug control area; and
(c) a place of sufficient size to allow a chaperone to observe directly a competitor providing a sample.
(2) In spite of subregulation (1), if the physical constraints of the place in which samples are to be collected do not permit an adequate drug control facility to be established as a single area, the drug control official may establish a waiting area, or a drug control area, that is in a different area from the place being used for the provision of samples.
(3) The Agency is to provide each drug control official at a drug control facility with sufficient sample collection containers, security transit containers and security transit container seals for the purposes of these Regulations.
(4) The Agency is to provide each drug control official at a drug control facility with a list of the numbers of each security transit container and security transit container seal issued to the drug control official at that facility.
Drinks
(1) A competitor may consume a drink to assist the competitor in passing a sample of urine.
(2) The fact that a competitor consumed a drink is not to be grounds for challenging the result of a test on a sample provided by that competitor.
Entitlement for representative to witness provision of sample
(1) A competitor who is asked to provide a sample is entitled to have a representative of his or her choice present to oversee the process of the collection of the sample.
(2) A competitor is not to choose as a representative a person who is not able to come to the place where the sample is to be collected at the time when the sample is to be collected.
At the drug control facility
(1) When a competitor arrives at the drug control facility, the chaperone must:
(a) give the drug control official the signed Notification Form; and
(b) introduce the competitor to the drug control official.
(2) The competitor is to wait in the waiting area with a chaperone and his or her representative (if any) until the competitor is ready to provide a sample.
(3) When the competitor is ready to provide a sample, he or she is to tell a chaperone.
(4) When a chaperone is told that a competitor is ready to provide a sample, the chaperone is to tell the drug control official as soon as possible.
(5) When the drug control official is told that a competitor is ready to provide a sample, the drug control official must:
(a) ask the competitor, a chaperone and any representative accompanying the competitor to go into the drug control area; and
(b) ask the competitor to select a sample collection container from among a number of containers provided for the purpose.
Chaperone's duties at the collecting of the sample
(1) A chaperone must accompany the competitor to the place referred to in paragraph 14 (1) (c) to view the passing of the sample from the competitor into the sample collection container.
(2) The chaperone who witnesses the collection of the sample is to be of the same sex as the competitor.
(3) The chaperone must sign the Drug Testing Form stating that he or she directly saw the sample being provided.
Sample of urine to be required volume
(1) The drug control official may require the competitor to provide a sample sufficient to be analysed in accordance with these Regulations.
(2) If the sample is a urine sample, the volume of the sample is to be not less than the volume reasonably requested by the drug control official.
(3) If a competitor passes less than the required volume of urine, the competitor is to bring the amount collected to the drug control area to be poured into an A sample bottle and, if necessary, a B sample bottle and sealed in accordance with regulation 21.
(4) After the amount so far collected is sealed in accordance with subregulation 21 (10), the competitor is to return, with the chaperone, to the waiting area until he or she is ready to provide a further sample.
(5) If a competitor provides a further sample, the competitor, at the direction of the drug control official, is to combine the further sample with the amount sealed under subregulation (3) in a sample collection container.
(6) The process described in subregulations (4) and (5) is to be repeated until the required volume is collected.
Control of the sample collection container
A person other than the competitor, or a person authorised by the competitor, must not handle the sample collection container or its contents from the time the container is chosen by the competitor under paragraph 17 (5) (b) until the sample collected in it is placed in the A and B sample bottles.
Identification and attestation of sample
(1) When a competitor has provided a sample, it must be brought by the competitor to the drug control area.
(2) When a sample is brought by a competitor to the drug control area, the drug control official is to ask the competitor to select 2 security transit containers, one marked with the letter “A” and the other marked with the letter “B”, from containers provided by the Agency for the purpose.
(3) The drug control official and the competitor are each to ensure that the number on each security transit container corresponds with the number in respect of that container on the list provided by the Agency under subregulation 14 (4).
(4) The drug control official and the competitor are to ensure that each security transit container seal number on the security transit containers selected by a competitor corresponds with the number in respect of that seal on the list provided by the Agency under subregulation 14 (4).
(5) If the number on a security transit container, or on its seal, does not correspond with the relevant number on a list referred to in subregulation (3) or (4), the container must not be selected by the competitor.
(6) Under the direction of the drug control official, the competitor is to:
(a) break the seal on each security transit container selected under subregulation (2); and
(b) open each of those containers; and
(c) take out the bottle contained in each of those containers; and
(d) check that the number on each bottle corresponds with its security transit container number.
(7) If the number on a bottle contained in a security transit container does not correspond with the number on the security transit container, the container must be put aside and another set selected by the competitor.
(8) If:
(a) the number on a security transit container, or on its seal, does not correspond with the relevant number on a list referred to in subregulation (3) or (4); or
(b) the number on a bottle does not correspond with the number on its security transit container;
the drug control official must report the fact, in writing, to the Agency.
(9) At the direction of the drug control official, the competitor must pour the sample into the A and B sample bottles, leaving a little in the bottom of the sample collection container.
(10) When the competitor has poured the sample out in accordance with subregulation (9), the competitor must, at the direction of the drug control official, in turn:
(a) secure the caps on the A and B sample bottles; and
(b) check that the bottles do not leak; and
(c) return the bottles to their security transit containers; and
(d) close the security transit containers; and
(e) select 2 numbered security transit container seals from a number provided for the purpose; and
(f) place a seal into each security transit container clasp with the security transit container seal numbers facing up; and
(g) secure each seal to its container.
Acidity and specific gravity tests
(1) If the sample to be tested is a sample of urine, the drug control official may:
(a) test the amount remaining in the sample collection container to determine its relative acidity and specific gravity, using reagent strips provided by the Agency;
(b) record the results of the tests on the Drug Testing Form.
(2) If the relative acidity or specific gravity of the sample is outside the limits of the guidelines provided to the drug control official by the Agency, the drug control official may ask the competitor to provide an additional sample.
(3) If the drug control official asks a competitor to provide an additional sample, these Regulations apply in relation to that sample as if that sample was the sample originally provided by the competitor.
The Drug Testing Form
(1) After:
(a) the competitor has completed the procedure set out in subregulation 21 (10); and
(b) the drug control official has conducted any tests referred to in regulation 22;
the drug control official must complete the Drug Testing Form.
(2) The competitor is to provide the drug control official with sufficient information to enable the drug control official to complete the details relating to the competitor on the Drug Testing Form.
(3) In spite of subregulation (2), a competitor is not required to disclose medications used by the competitor before the test was taken.
(4) A Drug Testing Form is to be substantially in accordance with Schedule 3.
(5) The drug control official, the competitor and the competitor’s representative (if any) must:
(a) check all of the information on the Drug Testing Form; and
(b) if they are satisfied that all of the information contained on the Form is, to the best of their knowledge, correct and complete—sign it.
(6) The drug control official must give a copy of the completed Drug Testing Form to the competitor, who may then leave the drug control facility.
Transporting sample
(1) The drug control official is to prepare a carrier bag provided by the Agency for despatch of the samples to an accredited laboratory.
(2) When:
(a) all of the samples that are to be collected at a particular place on a particular day, or over a period of competition, are collected; or
(b) sufficient samples are collected to fill a carrier bag;
the drug control official is to complete and sign a Laboratory Advice Form for those samples.
(3) A Laboratory Advice Form is to be substantially in accordance with Schedule 4.
(4) The drug control official must record on the Laboratory Advice Form the number of the carrier bag seal with which the carrier bag is to be sealed.
(5) The drug control official must place in the carrier bag, for each sample referred to in subregulation (1):
(a) the sealed security transit containers that contain samples; and
(b) a copy of Part 1 of the Drug Testing Form for each competitor who has provided a sample that is included in the carrier bag; and
(c) the Laboratory Advice Form referred to in subregulation (2)
(6) In spite of subregulation (5), the drug control official must not send to the laboratory any information that may identify by name a competitor who has provided a sample for testing.
(7) The carrier bag containing the samples must be:
(a) sealed; and
(b) sent by the drug control official to an accredited laboratory, as soon as possible after it is sealed, by means that will ensure the safe arrival of its contents at the accredited laboratory.
Overnight storage
25.(1) If a sample is not to be sent to an accredited laboratory on the day on which it is collected, it is to be stored by the drug control official in a secure and, if possible, refrigerated place until it is sent to the laboratory.
(2) A sample is to be discarded if it has not reached an accredited laboratory 14 days after the day on which it was collected.
Effect of broken seals
(1) If an accredited laboratory receives a carrier bag or a security transit container:
(a) that has been opened; or
(b) the seal of which has been broken;
the laboratory is to notify the Agency as soon as possible of that fact.
(2) Except with the approval of the Agency, an accredited laboratory is not to carry out a test on a sample contained in a carrier bag or security transit container that has been opened or the seal of which has been broken before the accredited laboratory receives it.
PART 4—TESTING AND NOTIFICATION OF RESULTS
How may a sample be tested?
A sample is to be tested under these Regulations at an accredited laboratory using recognised testing methods, including, but not limited to, testing by any of the following methods:
(a) gas chromatography;
(b) mass spectrometry;
(c) high pressure liquid chromatography;
(d) thin layer chromatography.
For what may a sample be tested?
The Agency may ask an accredited laboratory to test a sample for the presence or absence of any scheduled drug or doping method.
Which sample is tested first?
(1) The accredited laboratory is to test the sample in the A sample bottle first for the presence or absence of a scheduled drug or doping method.
(2) The sample in the B sample bottle is only to be tested if the sample in the A sample bottle reveals the possibility of a positive test result.
Notification of results of initial tests—to Agency
(1) If the accredited laboratory does not find that a positive test result is possible in relation to a sample in an A sample bottle, it must tell the Agency, in writing, that the sample in the A sample bottle provided a negative test result.
(2) If the accredited laboratory finds that a positive test result is possible from tests carried out on the sample in the A sample bottle, the laboratory must advise the Agency, in writing:
(a) the number of the security transit container that contained the sample; and
(b) the name of the scheduled drug or doping method for which there is the possibility of a positive test result.
Notification of results of initial tests—to competitor
(1) As soon as possible after an accredited laboratory advises the Agency that a sample in an A sample bottle provided a negative test result, the Agency must notify the competitor who provided the sample, in writing, of that fact.
(2) As soon as possible after an accredited laboratory advises the Agency that it has found that a positive test result is possible in relation to a sample in an A sample bottle, the Agency must notify the competitor who provided the sample:
(a) by telephone ; or
(b) by prepaid registered letter posted to the competitor at the address provided by the competitor on the Drug Testing Form;
of that fact.
(3) As soon as possible after it notifies a competitor by telephone of the possibility of a positive test result, the Agency must send written confirmation of that notification to the competitor.
Testing the second sample—notification
(1) If the initial testing of the sample reveals the possibility of a positive test result, the competitor who provided the sample is entitled to be present, or represented, at any subsequent testing of the sample (including the unsealing of the sample).
(2) If the Agency notifies a competitor of the possibility of a positive test result in relation to a sample contained in an A sample bottle, the Agency must also tell the competitor:
(a) that a test is to be conducted on the sample contained in the B sample bottle selected by the competitor; and
(b) when and where the unsealing of the B sample bottle and the testing of its contents is to take place; and
(c) that the competitor, or his or her representative, (or both) may be present to watch the unsealing of the B sample bottle at the accredited laboratory and the tests conducted on the sample contained in that bottle; and
(d) the possible consequences of returning a positive test result; and
(e) who would be notified if a positive test result was returned.
(3) When the Agency specifies a time under paragraph (2) (b) , it must ensure that sufficient time is allowed between the notification of the competitor under subregulation (2) and the unsealing of the B sample bottle to permit the competitor:
(a) to be present in person; or
(b) to arrange for a representative to be present;
at the laboratory to watch the unsealing of the B sample bottle and the subsequent testing of the sample.
Testing the second sample
(1) At the time referred to in paragraph 32 (2) (b), the accredited laboratory is to test the sample contained in the relevant B sample bottle to find out whether the testing confirms the positive test result obtained from the A sample bottle.
(2) If the positive test result obtained from the A sample bottle is a positive test result to which paragraph (b) of the definition of “positive test result” in subsection 2 (1) of the Act applies, the test result is not to be regarded as confirmed unless the testing of the sample in each of the A and B sample bottles reveals that the permitted level in relation to the same drug or doping method is exceeded.
Notification of final test results—to Agency
(1) If the tests carried out on the sample in the B sample bottle by the accredited laboratory do not confirm the positive test result obtained from the sample in the A sample bottle, the accredited laboratory must tell the Agency, in writing, that the sample provided a negative test result.
(2) If the accredited laboratory finds that the positive test result obtained from the sample in the A sample bottle is confirmed by tests carried out on the sample in the B sample bottle, the laboratory must advise the Agency, in writing, of:
(a) the number of the security transit container that contained the sample; and
(b) the name of the scheduled drug or doping method for which there is a positive test result; and
(c) the amount of any scheduled drug present in the sample, or the fact that the permitted level in relation to a doping method is exceeded, as the case requires.
(3) If an accredited laboratory advises the Agency in accordance with subregulation (2) of a positive test result, the laboratory may include in its advice comments in relation to the information provided by the competitor on the Drug Testing Form.
Notification of results of second tests
(1) As soon as possible after an accredited laboratory advises the Agency under subregulation 34 (1) that a sample provided a negative test result, the Agency must notify the competitor who provided the sample, in writing, of that fact.
(2) As soon as possible after an accredited laboratory advises the Agency that it has confirmed a positive test result after the testing of a sample in a B sample bottle, the Agency must notify the competitor who provided the sample:
(a) by telephone; or
(b) by prepaid registered letter posted to the competitor at the address provided by the competitor on the Drug Testing Form;
of that fact.
(3) As soon as possible after it notifies a competitor by telephone of the confirmation of a positive test result, the Agency must send written confirmation of that notification to the competitor.
PART 5—ENTRIES ON REGISTER
Particulars to be entered on Register—sample not provided
The following particulars must be entered on the Register in respect of a competitor who fails, without reasonable cause, to comply with a request of the Agency to provide a sample:
(a) the competitor’s name;
(b) whether the name of the competitor is entered on the Register for failing to comply with a request to provide a sample:
(i) when the request was made by the chaperone in person to the competitor; or
(ii) when the request was made by telephone or registered letter;
(c) whether the competitor refused to provide a sample or failed to come to a drug testing facility to provide a sample;
(d) the sport in which the person is a competitor;
(e) the date on which the competitor was required to provide a sample;
(f) the State or Territory in which the sampling was to have taken place.
Particulars to be entered on Register—positive test result
If an accredited laboratory advises the Agency that it has confirmed a positive test result after the testing of a sample in a B sample bottle, the Agency must:
(a) check that the procedures involved in the collection and testing of the sample were carried out in accordance with these Regulations; and
(b) if those procedures were carried out in accordance with these Regulations—enter the following particulars in the Register in respect of that competitor:
(i) the particulars referred to in paragraphs 36 (a) and (d);
(ii) that he or she has returned a positive test result;
(iii) the date on which the sample was provided by the competitor;
(iv) the name or class of the scheduled drug or doping method revealed by the testing;
(v) the State or Territory in which the sample was taken.
Who may be notified of a negative test result?
(1) If:
(a) a competitor consents, in writing, to the Agency telling a particular sporting organisation or the Australian Sports Commission that the competitor has returned a negative result; and
(b) the competitor returns a negative test result;
the Agency may tell that sporting organisation of that fact.
(2) A consent referred to in subregulation (1) may be in accordance with Part 3 of Schedule 3 and may be given:
(a) when the Drug Testing Form is completed; or
(b) at any subsequent time.
Notices under section 17 of the Act
(1) For the purposes of section 17 of the Act, if an accredited laboratory advises the Agency that it has confirmed a positive test result in relation to a competitor after the testing of a sample in a B sample bottle, notice:
(a) under paragraph 17 (1) (a) of the Act to the competitor—is to be substantially in accordance with Form 1 in Schedule 5; and
(b) under paragraph 17 (1) (b) of the Act to a sporting organisation of which the competitor is, in his or her capacity as a competitor, a member or is, in that capacity, associated in any way—is to be substantially in accordance with Form 2 in Schedule 5; and
(c) under paragraph 17 (1) (c) of the Act to the Australian Sports Commission in respect of the competitor—is to be substantially in accordance with Form 3 in Schedule 5.
(2) For the purposes of section 17 of the Act, if a competitor failed to comply with a request to provide a sample, notice:
(a) under paragraph 17 (1) (a) of the Act to the competitor—is to be substantially in accordance with Form 4 in Schedule 5; and
(b) under paragraph 17 (1) (b) of the Act to a sporting organisation of which the competitor is, in his or her capacity as a competitor, a member or is, in that capacity, associated in any way—is to be substantially in accordance with Form 5 in Schedule 5; and
(c) under paragraph 17 (1) (c) to the Australian Sports Commission in respect of the competitor—is to be substantially in accordance with Form 6 in Schedule 5.
(3) For the purposes of section 17 of the Act, notice under subsection 17 (3) of the Act:
(a) to a competitor—is to be substantially in accordance with Form 7 in Schedule 5; and
(b) to a sporting organisation or the Australian Sports Commission—is to be substantially in accordance with Form 8 in Schedule 5.
(4) A notice given under subsection 17 (1) or (3) of the Act is to be sent by prepaid registered post to the last known address of the recipient.
PART 6—MISCELLANEOUS
Remuneration and allowances
(1) A member of the Agency (other than the Chief Executive) is to be paid remuneration and travelling allowance in accordance with Part 2 of Remuneration Tribunal Determination No. 29 of 1990 as a part-time holder of a public office in respect of whom a fee has not otherwise been specified in that Determination, being an office included in Category 2 in the table in subclause 2.6 of that Determination.
(2) The Chief Executive is to be paid an annual salary and allowances equivalent to the salary and allowances payable to the holder of a Band 1, Level 2 office in the Senior Executive Service of the Australian Public Service.
Delegation by the Agency
(1) The Agency may, by resolution, delegate to the Chief Executive, a drug control official or an employee of the Agency all or any of its powers under these Regulations.
(2) The delegate is, in the exercise of a power so delegated, subject to any directions given by the Agency.
Delegation by a drug control official
(1) A drug control official may delegate to a chaperone all or any of his or her powers under these Regulations.
(2) The delegate is, in the exercise of a power so delegated, subject to any directions given by the drug control official.
______________
SCHEDULE 1 Subregulation 11 (2)
NOTIFICATION FORM
Australian Sports Drug Agency Act 1990
TO:(print competitor’s name)
You have been selected for a drug test. Please accompany the chaperone who handed you this Form to the drug control facility. The chaperone will give you an Information Sheet that contains important information about the sample collection and testing process.
WARNING:
If you do not comply with this notification, you may be seriously penalised.
TO BE COMPLETED BY CHAPERONE
Event/Occasion
Location
Notification Date
Notification Time
Name of authorising drug control official
Name of chaperone who notified competitor
STATEMENT TO BE SIGNED BY COMPETITOR
I have been notified of my selection for a drug test and have been given a copy of the Australian Sports Drug Agency Information Sheet.
..........................................
(Competitor’s signature)
NOTE: After completion, the original of this notification form is to be given to the competitor.
SCHEDULE 2 Subregulation 11 (3)
AUSTRALIAN SPORTS DRUG AGENCY
INFORMATION SHEET
Australian Sports Drug Agency Act 1990
This Information Sheet is for information only—to find out about your legal obligations and rights you should consult the Australian Sports Drug Agency Act 1990 and the Australian Sports Drug Agency Regulations.
This Information Sheet provides advice about sampling and testing procedures under the Australian Sports Drug Agency Act 1990. You will be asked to acknowledge receipt of this Information Sheet.
Entitlement to representative or interpreter
You are entitled to have a representative of your choice present at the drug control facility to oversee the process of the collection of the sample. You may also use an interpreter during the collection process. If testing of an initial sample reveals the possibility of a positive test result, you may have a representative or an interpreter present during the opening or any testing of the remainder of the sample.
Things you should not do before you reach the drug control facility
As you accompany the chaperone to the drug control facility:
(a) do not leave the chaperone for any reason;
(b) do not consume any unsealed drink or food;
(c) do not pass urine until you have reached the drug control facility.
Before you accompany the chaperone to the drug control facility, you may:
(a) contact a representative or interpreter to accompany you to the drug control
facility;
(b) receive any necessary medical attention;
(c) attend a victory ceremony;
(d) fulfil media commitments;
(e) compete in further events;
(f) complete a current training session;
(g) perform a warmdown;
as long as you remain in sight of your chaperone at all times.
Possible consequences of failing to comply with a request to provide a sample
You will be considered to have failed to comply with a request to provide a sample if you:
(a) refuse to comply with a request to provide a sample from the Agency or a chaperone; or
(b) do not accompany the chaperone to the drug control facility; or
(c) fail to come, at a prearranged time, to a specified place to provide a sample after receiving notification of the requirement to do so (if you were given reasonable notice in the circumstances); or
SCHEDULE 2—continued
(d) otherwise act in a manner which indicates an intention to avoid providing a sample.
If you fail to comply with a request to provide a sample for testing, the Agency will tell you in writing:
(a) that you failed to comply with the request; and
(b) that you may, within a period specified by the Agency, make a submission to the Agency that you had reasonable cause for failing to comply with the request; and
(c) that the Agency must, after the submission period has elapsed, decide whether you had reasonable cause for failing to comply with the request to provide a sample; and
(d) if the Agency decides that you did not have reasonable cause—the action which will be taken by the Agency.
If the Agency decides that you did not have reasonable cause for failing to comply with the request to provide a sample the Agency will:
(a) tell you of its decision and the reasons for that decision; and
(b) tell you that that the Agency's decision may be appealed to the Administrative Appeals Tribunal; and
(c) enter your name and other details on a Register of Defaulting Competitors; and
(d) tell you the details of your entry on the Register and also release those details, to any relevant sports organisation and, in some circumstances, to the Australian Sports Commission or the Minister for the Arts, Sport, the Environment, Tourism and Territories.
If the Administrative Appeals Tribunal upholds your appeal, the Agency will be required to remove your name from the Register of Defaulting Competitors and to tell all those it previously notified of the entry of your name on the Register of its removal.
Sanctions and penalties (including suspension from competition) may be imposed by a national sports organisation and the Australian Sports Commission (if applicable) if a competitor fails to provide a sample.
Procedures which will be followed during the sampling and testing process
At the drug control facility you will be in the charge of a drug control official appointed by the Agency. Sealed drinks as replacement fluids may be provided, but anything you eat or drink is eaten or drunk at your own risk. You must wait with a chaperone until you believe that you can provide a sample. When you have told the chaperone that you are ready to provide a sample, you will be asked to choose a sample collection container and pass a sample into the container. Note: a chaperone must directly view this process. If you cannot pass a sufficient quantity at the first attempt, your sample will be sealed until you can provide an amount which is satisfactory to the drug control official.
SCHEDULE 2—continued
While maintaining security over your sample you will then, under the direction of the drug control official, choose a set of collection bottles, check that the seals on the bottles’ containers conform with a list provided by the Agency, pour your sample into sample bottles marked “A ”and“B” and seal the packages containing the two bottles.
You will then be asked to provide details of any medications which you may have used in the past week and details as to where the Agency can contact you, and to check that all details, including seal numbers, have been recorded accurately on a Drug Testing Form. If you are satisfied that they have, you will be asked to sign the Drug Testing Form. The drug control official and your representative, if any, will also sign the Form.
You will also be asked if you wish to sign a form of consent on the Drug Testing Form to indicate that you agree to the Agency releasing negative test results to particular sporting bodies named by you.
The drug control official may test the remains of your sample for relative acidity and specific gravity. If these findings are not within guidelines established by the Agency, you may be required to provide a further sample at the direction of the drug control official.
All samples collected by the Agency are forwarded to a laboratory in Australia or, in some cases, overseas which is fully accredited by the International Olympic Committee for sports drug testing. The laboratory is not provided with your name, only a number to identify your sample.
Testing will be conducted initially on that part of your sample which you have sealed in the A sample bottle.
If the sample in the A sample bottle is tested as negative, the laboratory will tell the Agency the number of the sample and the Agency will tell you accordingly as soon as possible. In such a case, that will be the end of the sampling and testing process.
If the laboratory finds the possibility of a positive test result on the sample in the A sample bottle, the laboratory will tell the Agency the number of the sample. The Agency will tell you that a possible positive test result has been recorded and that a second series of tests will be conducted by the laboratory on the sample which you have sealed in the B sample bottle. You will also be told that you, or a representative, or both, are entitled to be present at the unsealing and testing of the sample in the B sample bottle at a time and place of the Agency's choosing. You will be given a reasonable time before then to arrange to attend, or to arrange for a representative to attend, to watch the unsealing of the B sample bottle and the subsequent testing process.
SCHEDULE 2—continued
The Agency will also let you know of the possible consequences of the sample returning a positive test result and who would be notified if a positive test result were to be found.
If the testing on the sample in the B sample bottle confirms the testing carried out on the sample in the A sample bottle a positive test result will be considered to have been returned and the laboratory will tell the Agency accordingly in writing as soon as possible.
If the testing on the sample in the B sample bottle does not confirm the testing carried out on the sample in the A sample bottle, then you will be told by the Agency as soon as possible. In this case, that would be the end of the sampling and testing process.
Possible Consequences of Returning a Positive Test Result
After checking to ensure that all of its procedures have been carried out in accordance with the Act and the Regulations, the Agency will, if told by the laboratory that a positive test result has been recorded on a sample in a B sample bottle, enter your name and other details on a Register of Defaulting Competitors and tell you details of your entry on the Register. It will also tell those details to any relevant sports organisation and, in some circumstances, to the Australian Sports Commission or to the Minister for the Arts, Sport, the Environment, Tourism and Territories.
Sanctions and penalties for the return of a positive test result on a sample provided for testing may be imposed by a national sports organisation and the Australian Sports Commission (if applicable).
______________
SCHEDULE 3 Subregulation 22 (3)
DRUG TESTING FORM
Australian Sports Drug Agency Act 1990
PART 1
SPORT (in relation to which the sample was collected)
COLLECTION DATE
The competitor selected sealed security transit containers numbered A............... and B...............
The security transit containers were resealed with security transit container seals A............... and B...............
SCHEDULE 3—continued
The competitor is male / female (Cross out whichever is inapplicable)
Approximate volume of sample millilitres
Using reagent strips:
(a) Urine pH reading
(b) Specific gravity reading
DETAILS OF MEDICATION USED
(Details of medication used by the competitor in the last week including over-the-counter medications, prescription drugs and any other substance taken by mouth, inhalation, injection or suppository.)
Name of medication
Dosage
Last taken
Comments
PART 2
STATEMENT BY DRUG CONTROL OFFICIAL (complete if applicable)
The competitor refused to give a sample. or /The competitor did not appear for a drug test.(Cross out if inapplicable)
I, (name of chaperone), saw directly the competitor provide a sample
............................................
(signature of chaperone)
DETAILS OF COMPETITOR
Competitor's name (please print)
Competitor's address and telephone number
Competitor's date of birth
The competitor selected a sample collection container and a set of two sealed security transit containers marked “A” and “B”, each containing a bottle. The competitor provided the required amount of the sample, poured his or her sample into the bottles, returned the bottles to the security transit containers and resealed the security transit containers. The security transit container numbers and security transit container seal
SCHEDULE 3—continued
numbers on the resealed security transit containers shown above correctly identify the competitor's sample.
NOTE:The completion of this Part of the Drug Testing Form is voluntary.
If I, (Print name of competitor)return a negative test result, I consent to the Agency informing (name of sporting organisation or body).of that fact.
..............................................
(signature of competitor)
_____________
SCHEDULE 4 Subregulation 24 (3)
LABORATORY ADVICE FORM
Australian Sports Drug Agency Act 1990
Total Number of Samples to be tested
SAMPLE NO.
A SEAL
B SEAL
3
SAMPLE NO.
A SEAL
B SEAL
3
SCHEDULE 4—continued
The Samples are to be tested for:
( ) FULL SCREEN (stimulants, narcotics, steroids and diuretics)
( ) OUT OF COMPETITION SCREEN (steroids, diuretics)
( ) STIMULANTS AND NARCOTICS
( ) BETA BLOCKERS
(please tick)
Security transit container sample numbers
Security transit container seals—total No.
Security transit container seals Nos.
Please list any security transit container seals or carrier bag seals broken when received
The number of the seal used to seal the carrier bag was
............................................
(Drug control official's signature)
(Date)
___________________
SCHEDULE 5 Regulation 39
NOTICES FOR THE PURPOSES OF SECTION 17 OF THE ACT
FORM 1 Paragraph 39 (1) (a)
Australian Sports Drug Agency Act 1990
NOTICE TO COMPETITOR—POSITIVE TEST RESULT CONFIRMED
(Date)
(Name and address of competitor)
A positive test result was returned for the sample which you provided on (date) for drug testing has been confirmed for the presence of the substance.....................,or the use of the doping method................., a substance (or doping method) which is shown as prohibited (or restricted) on the International Olympic Committee List of Doping Classes and Methods maintained by the Australian Sports Drug Agency under paragraph 9 (1) (a) of the Australian Sports Drug Agency Act 1990.
The Agency has checked that the procedures involved in the collection and testing of the sample were carried out in accordance with the Australian Sports Drug Agency Act
SCHEDULE 5—continued
1990 and the Australian Sports Drug Agency Regulations. The following details have been entered on the Register of Defaulting Competitors maintained by the Agency:
(insert details of Register entry)
I have written to the chief executive of the (name of the sporting organisation(s) of which the person, in his or her capacity as a competitor to the extent of the agency's knowledge, is a member or associated in any way) and to the Executive Director of the Australian Sports Commission (if applicable) setting out details of your entry on the Register.
....................................
Chief Executive
Australian Sports Drug Agency
_______________
FORM 2 Paragraph 39 (1) (b)
Australian Sports Drug Agency Act 1990
NOTICE TO SPORTING ORGANISATION RELATING TO A COMPETITOR'S POSITIVE TEST RESULT
(Date)
(Name and address of sporting organisation of which a competitor, who has returned a positive test result, is a member or associated in any way)
I have today advised (name of competitor) that he (or she) has returned a positive test result on a sample provided for drug testing.
I attach a copy of the advice to the competitor setting out particulars of the action taken by the Agency to place the name and relevant details of the competitor on the Register of Defaulting Competitors maintained by the Agency.
....................................
Chief Executive
Australian Sports Drug Agency
_____________
SCHEDULE 5—continued
FORM 3 Paragraph 39 (1) (c)
Australian Sports Drug Agency Act 1990
NOTICE TO AUSTRALIAN SPORTS COMMISSION RELATING TO A COMPETITOR'S POSITIVE TEST RESULT
(Date)
Executive Director
Australian Sports Commission
I have today advised (name of competitor) that he (or she) has returned a positive test result on a sample provided for drug testing.
I attach a copy of the advice to the competitor setting out particulars of the action taken by the Agency to place the name and relevant details of the competitor on the Register of Defaulting Competitors maintained by the Agency.
I have also given (name of sporting organisation(s) which have been informed) details of the entry on the Register in relation to the competitor.
....................................
Chief Executive
Australian Sports Drug Agency
_____________
FORM 4 Paragraph 39 (2)(a)
Australian Sports Drug Agency Act 1990
NOTICE TO COMPETITOR—FAILURE TO COMPLY WITH REQUEST TO PROVIDE A SAMPLE
(Date)
(Name and
address of competitor)
You have failed to comply with a request on (date) to provide a sample for drug testing.
SCHEDULE 5—continued
(If a submission has been made by or on behalf of the competitor before the end of the submission period provided for in the Act) The Agency has considered your submission to the effect that you had a reasonable cause for failing to comply with that request.
The Agency has decided under paragraph 13 (1) (b) of the Australian Sports Drug Agency Act 1990 that you did not have reasonable cause for failing to comply with the request to provide a sample for drug testing. The Agency's reasons for that decision are as follows (details of reasons for the Agency's decision).
If you are dissatisfied with the Agency's decision, you may apply, in accordance with section 13 (6) of the Act and subject to the Administrative Appeals Tribunal Act 1975, to the Administrative Appeals Tribunal for review of the Agency's decision.
The following details have been entered onto the Register of Defaulting Competitors maintained by the Agency:
(insert details of Register entry)
I have written to the chief executive of the (name of the sporting organisation(s) of which the person, in his or her capacity as a competitor to the extent of the agency's knowledge, is a member or associated in any way) and to the Executive Director of the
Australian Sports Commission (if applicable) setting out details of your entry on the Register.
If the Administrative Appeals Tribunal sets aside the decision of the Agency, the Agency will, as soon as practicable, remove from the Register the entry that relates to that failure to comply. If the entry is removed from the Register or an order is made under section 41 of the Administrative Appeals Tribunal Act 1975 staying or otherwise affecting the operation of the decision, the Agency will, as soon as practicable, tell you in writing of that fact. The Agency will also tell each person to whom, and each organisation to which, notice of the contents of the entry was given.
....................................
Chief Executive
Australian Sports Drug Agency
_______________
SCHEDULE 5—continued
FORM 5 Paragraph 39 (2) (b)
Australian Sports Drug Agency Act 1990
NOTICE TO SPORTING ORGANISATION RELATING TO A COMPETITOR WHO FAILED TO COMPLY WITH A REQUEST TO PROVIDE A SAMPLE
(Date)
(Name and address of sporting organisation of which the competitor who has failed to comply with a request to provide a sample for drug testing is a member or associated in any way)
I have today advised (name of competitor) that the Agency has decided that he (or she) has failed to comply with a request to provide a sample for drug testing.
I attach a copy of the advice to the competitor setting out particulars of the action taken by the Agency to place the name and relevant details of the competitor on the Register of Defaulting Competitors maintained by the Agency.
....................................
Chief Executive
Australian Sports Drug Agency
________________
FORM 6 Paragraph 39 (2) (c)
Australian Sports Drug Agency Act 1990
NOTICE TO AUSTRALIAN SPORTS COMMISSION RELATING TO A COMPETITOR WHO FAILED TO COMPLY WITH A REQUEST
TO PROVIDE A SAMPLE
(Date)
Executive Director
Australian Sports Commission
I have today advised (name of competitor) that the Agency has decided that he (or she) has failed to comply with a request to provide a sample for drug testing.
I attach a copy of the advice to the competitor setting out particulars of the action taken by the Agency to place the name and relevant details of the competitor on the Register of Defaulting Competitors maintained by the Agency.
SCHEDULE 5—continued
I have also given (name of sporting organisation(s) which have been informed) details of the entry on the Register in relation to the competitor.
....................................
Chief Executive
Australian Sports Drug Agency
________________
FORM 7 Paragraph 30 (3) (a)
Australian Sports Drug Agency Act 1990
NOTICE TO COMPETITOR FOLLOWING DECISION BY ADMINISTRATIVE APPEALS TRIBUNAL
(Date)
(Name and
address of competitor)
On (date) you were informed by the Agency that the Agency had decided under paragraph 13 (1) (b) of the Australian Sports Drug Agency Act 1990 that you did not have a reasonable cause for failing to comply with a request on (date) provide a sample for drug testing.
You were also informed that details relating to that failure had been entered on the Register of Defaulting Competitors maintained by the Agency.
The Administrative Appeals Tribunal has set aside the decision of the Agency that you did not have reasonable cause for failing to comply with the request to provide a sample.
(or)
An order has been made under section 41 of the Administrative Appeals Tribunal Act 1975 staying or otherwise affecting the operation or implementation of the decision of the Agency.)
The Agency has, accordingly, removed from the Register the entry that relates to that failure to comply.
I have provided written notification of this fact to each person to whom, and each organisation to which, notice of the contents of the entry was given.
SCHEDULE 5—continued
....................................
Chief Executive
Australian Sports Drug Agency
________________
FORM 8 Paragraph 39 (3) (b)
Australian Sports Drug Agency Act 1990
NOTICE RELATING TO REMOVAL OF NAME FROM REGISTER
(Date)
(Name and address of sporting organisation(s) previously advised by the Agency under subsection 17(1) of the Act of entry of the competitors details onto the register or if applicable,
(or)
Executive Director
Australian Sports Commission)
I have today told (name of competitor) that the Agency has removed from the Register of Defaulting Competitors his (or her) name and relevant details.
A copy of the advice sent to (name of competitor) is attached for your information.
....................................
Chief Executive
Australian Sports Drug Agency
_____________
_____________________________________________NOTE
Notified in the Commonwealth of Australia Gazette on 18 February 1991.