Commonwealth Numbered Regulations - Explanatory Statements

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AUSTRALIAN SPORTS DRUG AGENCY REGULATIONS (AMENDMENT) 1994 NO. 284

STATUTORY RULES 1994 No. 284

ISSUED BY THE AUTHORITY OF THE MINISTER FOR THE ENVIRONMENT, SPORT AND TERRITORIES

AUSTRALIAN SPORTS DRUG AGENCY ACT 1990

AUSTRALIAN SPORTS DRUG AGENCY REGULATIONS (AMENDMENT)

Section 73 of the Australian Sports Drug Agency Act 1990 (the Act) provides that the GovernorGeneral may make regulations 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.

The Australian Sports Drug Agency Regulations (Amendment) amends the Regulations in force under the Australian Sports Drug Agency Act 1990 to enable the Agency to carry out its responsibilities more effectively and efficiently.

The details of the amendments are :

Regulation 2 - Regulation 27 (How may a sample be tested?)

The Agency is required to have all samples analysed by an accredited laboratory. If an A sample test records a positive result, an accredited laboratory is required to perform a confirmatory analysis on the B sample. Only fully accredited laboratories are able to perform confirmatory B sample analyses.

New sub regulation 27 (2) is intended to allow the Agency to use one or more accredited laboratories in the testing of a sample.

The amendment is necessary to allow the Agency to continue to use the accredited laboratory in Australia to conduct A sample analysis. The Australian laboratory has recently been downgraded from full accreditation status although the laboratory expects to regain full accreditation by late 1994. In the interim for reasons of administrative and cost efficiency, the Agency would like to use the Australian laboratory to undertake A sample analysis. In the event of the Australian accredited laboratory detecting a positive A sample result, the residue of the A sample will be resealed and, together with the relevant B sample, will be sent to a fully accredited laboratory for confirmatory analysis. The fully accredited laboratory will be used to confirm the first laboratory's sample analysis.

Regulation 3 - New Regulation 32A (Testing the second sample - what must an accredited laboratory do?)

New sub regulation 32A is intended to outline the procedures an accredited laboratory is to follow if analysis of the A sample reveals the possibility of a positive test result. The amendment allows an accredited laboratory to conduct confirmatory B sample analysis itself in accordance with regulation 33 if it is fully accredited, or to reseal the A sample and forward it together with the relevant B sample to a fully accredited laboratory for confirmatory analysis.

Regulation 4 - New Regulation 32B (Procedure when a sample is tested by more than one accredited laboratory)

The proposed amendment outlines the procedures an accredited laboratory must follow if it is to send a sample to another accredited laboratory for confirmatory analysis.

Regulation 5 - New Schedule 4A (Transfer Advice Form)

A new Schedule 4A has been created to document the resealing of the sample and transporting the sample by a secure chain of custody to a second accredited laboratory. It also specifies the substances which are to be tested for by the second laboratory.