(1)

This regulation applies if:

(a)

the Agency asks a sporting administration body, under paragraph 17ZC (1) (a) of the Act, to arrange for a competitor who competes in a particular sport to be asked to give a sample to determine whether the competitor has been using a relevant scheduled drug or doping method; and

(b)

the sporting administration body asks the competitor to give the sample; and

(c)

the competitor gives the sample in response to the sporting administration body's request; and

(d)

the result of the relevant test of the sample is positive; and

(e)

the relevant submission period has ended; and

(f)

the Agency has considered any submission that the competitor has given to the Agency under paragraph 55 (2) (a) or 58 (1) (a); and

(g)

the Agency is satisfied that the sporting administration body's procedures for collecting and dealing with samples given for drug testing purposes have been substantially complied with; and

(h)

the Agency has considered any other relevant circumstances; and

(i)

the Agency has decided that the test result is valid and must be entered on the relevant register.

(2)

The Agency must enter on the relevant register:

(a)

the name of the competitor; and

(b)

details of the test result; and

(c)

any information about the competitor that the relevant orders require the Agency to enter in the circumstances.

(3)

The Agency may also enter that information on the relevant register in the circumstances (if any) stated in the relevant orders.

(4)

In this regulation:

"relevant circumstances" includes the following circumstances:

(a)

an investigation conducted by the ASDMAC under subregulation 64 (1), or an analytical investigative body under regulation 25, in relation to the sample, has revealed that the positive test result is not attributable to naturally occurring levels of the substance concerned;

(b)

the competitor had approval from the ASDMAC or a therapeutic approval body for the use of the drug concerned for therapeutic purposes;

(c)

any circumstances stated in the relevant orders for this subregulation.

"relevant submission period" means:

(a)

if only Part A of the competitor's sample has been tested under the relevant scheme — the submission period mentioned in subregulation 55 (2); and

(b)

if both Part A and Part B of the competitor's sample have been tested under the relevant scheme — the submission period mentioned in subregulation 58 (1).

"relevant test "means:

(a)

if only Part A of the competitor's sample has been tested under the relevant scheme — the testing of Part A of the sample; and

(b)

if both Part A and Part B of the competitor's sample have been tested under the relevant scheme and the testing of Part B of the sample confirms the result of the testing of Part A of the sample — the testing of Part A and Part B of the sample.

Note 1
For the meaning of positive test result , see s 14 of the Act.
Note 2
Under r 60, the Agency must give a competitor whose name and details have been entered on the relevant register written notice that the entry has been made.
Note 3
Under r  61, a competitor has a right to apply to the Administrative Appeals Tribunal for a review of a decision of the Agency to enter the competitor's name and details on the relevant register. For other competitors' rights in relation to entries on the register, see Div 2.6.