Commonwealth Numbered Regulations

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AUSTRALIAN SPORTS DRUG AGENCY REGULATIONS 1999 1999 No. 159 - REG 41

Submission about failure to comply
(1)
If the competitor fails to comply with the request for a sample under regulation 17, the competitor (or a person on the competitor's behalf) may, within 7 days after receiving the notice mentioned in subregulation 40 (2) (the submission period ):

(a)
give a written submission to the Agency setting out any reasonable cause for the failure; or

(b)
by giving a written notice to the Agency, waive the competitor's right to make a submission.

(2)
If the competitor does not give the Agency a written submission or notice within the submission period, the competitor is taken to have waived the competitor's right to make a submission.

(3)
Subregulation (4) applies if the Agency considers that the competitor is likely to take part in:

(a)
international sporting competition; or

(b)
a sporting competition to select people to represent Australia in international sporting competition.

(4)
Before the end of the submission period, the Agency may, by written notice to the competitor, substitute for the period of 7 days mentioned in subregulation (1) a shorter period that it considers appropriate in the circumstances.

(5)
The submission period is taken to have ended:

(a)
if, by written notice before the end of the submission period, the competitor waives the competitor's right to make a submission — when the Agency receives the written notice;

(b)
if the competitor gives the Agency a submission before the end of the submission period — when the Agency receives the submission.

Note 1
For the meaning of fails to comply with a request , see s 12 of the Act.
Note 2
Section 67A of the Act deals with giving written notices.
Note 3
Regulation 83 states when a notice that is given to a competitor is presumed to have been received.



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