Commonwealth Numbered Regulations - Explanatory Statements

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AUSTRALIAN SPORTS DRUG AGENCY AMENDMENT REGULATIONS 2000 (NO. 1) 2000 NO. 87

STATUTORY RULES 2000 No. 87

Issued by the authority of the Minister for Sport and Tourism

Australian Sports Drug Agency Act 1990

Australian Sports Drug Agency Amendment Regulations 2000 (No. 1)

Section 73 of the Australian Sports Drug Agency Act 1990 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing matters required or permitted by the Act to be prescribed; or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

Part 3 of the Act deals with drug testing schemes. Subsection 11(1) of the Act (in Part 3) provides that one or more drug testing schemes may be formulated by regulation. Subsection 11(2) of the Act defines drug testing schemes. These are schemes applying to sporting competitors which set out schedules of drugs and doping methods. Additionally, they authorise the Australian Sports Drug Agency (the Agency) to request samples from competitors, and require the Agency to establish and maintain Registers of Notifiable Events and disseminate information from the Registers to relevant sporting organisations. Drug testing schemes must comply with the statement of competitors' rights set out in section 15. The Act ensures that there can be more than one drug testing scheme thus recognising the differences between sports in relation to competitors, drugs and doping methods. A drug testing scheme can specify how a request to provide a sample is to be made and what procedures are to be followed for dealing with a sample. A scheme may also deal with the disclosure of information to sporting administration bodies, the removal of a competitor's name from the Register of Notifiable Events, incidental matters, and empower the Agency to make drug testing orders.

The Australian Sports Drug Agency Regulations 1999 (the Regulations) set out some of the important details of a drug testing scheme called Scheme A in accordance with Part 3 of the Act. Scheme A applies to all competitors, within the meaning of the Act. The Regulations also deal with other matters relating to drug testing in accordance with other parts of the Act,

The purpose of the amending Regulations is to amend the Regulations in accordance with undertakings given to the Senate Standing Committee on Regulations and Ordinances following tabling of the Regulations in 1999.

The Regulations commenced on gazettal.

Details of the Regulations are set out below.

Regulation 1 provides that the name of the Regulations is the Australian Sports Drug Agency Amendment Regulations 2000 (No. 1).

Regulation 2 provides for the Regulations to commence on gazettal.

Regulation 3 provides that Schedule 1 amends the Australian Sports Drug Agency Regulations 1999.

Schedule 1 Amendments

Under Item 1, subregulation 6(3) of the current Regulations is amended by omitting the words "and any orders made under r 7." and in their place inserting the words ", Part 3 and any orders made under regulation 7." The aim of this amendment is to correct a drafting error by showing that Scheme A consists of the requirements of Part 3 of the Regulations and orders made under regulation 7.

Item 2 provides for an amendment of Regulation 18 of the current regulations by inserting subregulation 18(1A). Regulation 18 concerns the engagement of an interpreter by the Agency. Under subregulation 18(1), regulation 18 applies if the Agency asks a competitor for a sample under current Regulation 17. Subregulation 18(1A) provides that the Agency must make reasonable efforts to ensure that its request is understood.

Item 3 provides for a new Regulation 25A "Disposal of Part B of samples" to be inserted into the current Regulations. The aim of this regulation is to specify timeframes for the retention of Part B of samples by an accredited laboratory.

Under current Regulation 3, Part B of a sample given by a competitor has the meaning given by the Scheme A Orders, namely the Australian Sports Drug Agency Drug Testing (Scheme A) Orders 1999 (the Scheme A Orders), which were made by the Agency pursuant to current Regulation 7. The Scheme A Orders set out some of the finer details of Scheme A in accordance with Part 2 of the Regulations, such as procedures to be followed when a competitor gives a sample in response to a request for a sample under the Regulations.

Under section 3 of the Scheme A Orders, the terms Part A and Part B are defined as follows. Part A of a urine sample given by a competitor under Scheme A, means the part of the sample that is contained in a Part A sample bottle. Part B of a urine sample given by a competitor under Scheme A, means the part of the sample that is contained in a Part B sample bottle.

Under subregulation 25A(1), regulation 25A applies if the agency has asked an accredited laboratory to test a sample given by a competitor under the Regulations (subregulation 25A(1)(a)) and Part B of the sample has not been used for testing under the Regulations (subregulation 25A(1)(b)). Under subregulation 25A(2), if the result of testing of Part A of the sample is positive, the laboratory must keep Part B of the sample for at least 12 months. Under new subregulation 25A(3), if the result of testing of Part A of the sample is negative; the laboratory must keep Part B of the sample for at least 30 days.