Commonwealth Numbered Regulations - Explanatory Statements

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AUSTRALIAN SPORTS DRUG AGENCY AMENDMENT REGULATIONS 2000 (NO. 2) 2000 NO. 253

Statutory rules 2000 No. 253

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. 2)

Section 73 of the Australian Sports Drug Agency Act 1990 (the Act) provides that the Governor

General may make regulations for the purposes of the Act.

The Act establishes the Australian Sports Drug Agency (the Agency), the objects of which are:

*       to deter the use of drugs or doping methods in sport;

*       to facilitate the safety of participants in sporting competitions;

*       to encourage the development of programs to educate the sporting community about matters relating to the use of drugs in sport;

*       to advocate the international adoption of consistent and effective anti-doping programs;

*       to co-ordinate the development of a consistent and effective national response to matters relating to the use of drugs in sport.

Its functions are, among others:

*       such functions as are conferred by a drug testing scheme;

*       to provide drug testing services.

Section 11 (1) of the Act states that regulations issued under the Act may formulate drug testing schemes. These schemes are set out in the Orders issued by the Chief Executive of the Agency.

The Australian Sports Drug Agency Regulations 1999 (the Regulations) provide for a Drug Testing Scheme known as Scheme 4. This is a scheme which sets out the procedure for taking samples of urine from sports competitors and testing them for prohibited drugs and doping methods.

The purpose of the proposed amendments to the Regulations is to enable the Agency to issue Orders which set out another drug testing scheme to be known as Scheme B. The purpose of Scheme B is to specify the procedure for taking samples of blood from sports competitors and testing them for prohibited drugs and doping methods.

Section 11 (2) of the Act defines a drug testing scheme. Under such a scheme (11 (2) (c)) the Agency is authorised to request a competitor to provide a sample for the purpose of detecting whether or not the competitor has used a scheduled drug or doping method. Section 2 (1) of the Act defines a sample as (a) any hum 1 an biological fluid; (b) any human biological tissue; (c) any human breath. Since blood is a human biological fluid within the meaning of the Act, it follows that a drug testing scheme may authorise the agency to collect and test blood.

The schedule of prohibited drugs and doping methods consists of each list of prohibited drugs and doping methods kept by each sporting administration body mentioned in Schedule 1 of the Scheme A Orders. Such lists will also apply to Scheme B.

The regulations commence on the date of gazettal.

Attachment

Subject       Australian Sports Drug Agency Act 1990

       Australian Sports Drug Agency Amendment Regulations 2000 (No. 2).

Details of amendments to regulations

[Amendment number]:

[1]. Amends Reader's Guide to accommodate Scheme B (blood testing)

[2]. Amends Reader's Guide to accommodate Scheme B (blood testing)

[3]. (Regulation 3) Adds phlebotomist (a person qualified to take blood samples) to the list of Agency representatives.

[4]. (Regulation 3) Makes the definition of a Part A urine sample subject to the new Regulation

63A covering the combined blood and urine test for Erythropoietin.

[5]. (Regulation 3) Adds definition of a phlebotomist.

[6]. (Regulation 3) Adds Scheme and Scheme B Orders to the list of definitions.

[7]. (New Regulations 7A and 7B) Creates Scheme B drug testing scheme and authorises agency to make Scheme B Orders.

[8]. (New Regulation 9A) Defines who may be a phlebotomist.

[9]. (Subregulation 10 (4)) Covers conditions under which phlebotomists hold an identity card.

[10]. (Subregulation 12 (1)) Changes "sample of a competitor´ to "sample given by a competitor".

[11]. (Subregulation 12 (2)) Changes "sample of a competitor" to "sample given by a competitor".

[12]. (Subregulation 12 (2)) Changes "sample of the competitor" to "sample given by the competitor".

Amendments 10-12 are intended to make it clear that Regulations cover blood and urine samples (rather than, say, a piece of fingernail, which could equally be regarded as a "sample" of a competitor.)

[13]. (Subregulation 15 (4)) Adds provision reinforcing the Agency's authority to request a sample of blood and a sample of urine on the same day. (This is necessary when testing for Erythropoietin, which requires a sample of blood and a sample of urine.)

[14]. (Regulation 34) Changes heading to reflect content of regulation.

[15]. (New Regulations 34A and 3AB) Regulation 34A requires ASDA to remove a name from the register if it learns that the person was not a competitor when the sample was collected. This provision was originally in the Scheme A Orders, but since it will also apply to Scheme B (and any subsequent schemes) it has been moved to the Regulations. Regulation 34B is a new regulation which requires ASDA to rectify errors in the register.

[16]. (Subregulation 39 (1)) Replaces "chose" with "choose".

[17]. (Subregulation 42 (3)) Replaces "when" with "after".

[18]. (Subregulation 46 (3)) Amends the regulation to require the testing of the Part B sample to begin on the day specified in the notice provided to the competitor. The old wording required the sample to be tested on the same day. The change is necessitated by the fact that the procedure for testing urine for Erythropoietin take s three days to complete.

[19]. (Subregulation 52 (3)) Replaces "when" with "after".

[20]. (Subregulation 56 (3)) Amends the regulation to require the testing of the Part B sample to begin on the day specified in the notice provided to the competitor. The old wording required the sample to be tested on the same day. The change is necessitated by the fact that the procedure for testing urine for Erythropoietin takes three days to complete.

[21]. (New Regulation 63A) Provides specifically for testing for Erythropoietin (EPO - a scheduled drug). The aim of this provision is to expand the regulations to cover testing for EPO under Scheme B. To test for EPO both a blood sample and a urine sample are required. The regulation has the effect of allowing the existing regulations covering the taking of urine samples to apply to the taking of blood samples, thus ensuring that competitors' rights are maintained in the event of a determination of a positive test result for EPO.

Under the blood-urine test for Erythropoietin (EPO), the blood sample is tested first. If it shows the presence of EPO, then Part A of the urine sample is tested to confirm its presence. If the test of the Part A urine sample does not confirm the presence of EPO, the test is negative and no further action is taken. If the testing of the Part A urine sample confirms the presence of EPO, the Agency must take action to determine if the competitor's name should be entered on the relevant Register. The application of the relevant divisions (Divisions 2.5, Registers of notifiable events and 2.6, Competitors' rights) includes the blood sample and Part A of the urine sample. Part B of the urine sample may be used to confirm a positive test result for EPO.

[22]. (Regulation 86) Expands list of approved couriers for transporting samples and replaces ACNs with ABNs.