(1)

This regulation applies if:

(a)

the competitor gives a sample in response to the Agency's request for a sample; and

(b)

the result of the testing arranged by the Agency of Part A of the sample is positive; and

(c)

the Agency has arranged, under regulation 42, for Part B of the sample to be tested on a particular day.

(2)

As soon as practicable after arranging the testing, the Agency must give the competitor a written notice (the information notice ) stating:

(a)

that the result of the test is positive; and

(b)

that the competitor has a right to have Part B of the sample tested and that the Agency has arranged for Part B of the sample to be tested on the date stated in the notice for the testing (the testing day ); and

(c)

that Part B of the sample will be tested on the testing day at the time and place stated in the notice unless the competitor gives the Agency a written notice waiving that right ( waiver notice ) before the testing day; and

(d)

that if, before the testing day, the competitor gives the Agency a waiver notice, the competitor (or a person on the competitor's behalf) may, within 7 days after receiving the information notice:

(i)

give the Agency a submission setting out any information or evidence that may affect the validity of the results of the testing of Part A of the sample; or

(ii)

by giving the Agency a written notice, waive the competitor's right to make a submission; and

(e)

that if, before the testing day, the competitor does not give the Agency a waiver notice:

(i)

Part B of the sample will be tested on the testing day; and

(ii)

the competitor is entitled to be present or represented at the testing of Part B of the sample; and

(iii)

the Agency will give the competitor notice of the result of the test as soon as practicable; and

(iv)

if the result of the test is positive, the competitor may choose an option mentioned in subregulation (3); and

(f)

the possible consequences, mentioned in subregulation (4), of a positive test result for the sample.

(3)

For subparagraph (2) (e) (iv), the options are that within 7 days after receiving the notice about the result of Part B of the sample, the competitor (or a person on the competitor's behalf) may:

(a)

give the Agency a submission setting out any information or evidence that may affect the validity of the results of the testing of Part A or Part B of the sample; or

(b)

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

(4)

For paragraph (2) (f), the possible consequences are that:

(a)

the Agency may have to enter information about the test result on the relevant register; and

(b)

if the Agency enters information about the test result on the relevant register, the Agency must give written notice about the entry to:

(i)

each relevant national sporting organisation in relation to the competitor; and

(ii)

each relevant sporting organisation (if any) in relation to the competitor; and

(iii)

each relevant government agency in relation to the competitor; and

(c)

a person to whom section 67 of the Act applies may be required to produce in a court any document containing information to which that section applies, or to give to a court any information to which the section applies, for a criminal proceeding.

(5)

Before the information notice is presumed to have been received by the competitor, the Agency may give the competitor oral notice of the matters mentioned in the information notice.

Note 1
Section 67 of the Act deals with disclosure of confidential information. For example, under that section, a member of the Agency may be required to produce in a court a document containing information about a competitor for the purposes of a criminal proceeding.
Note 2     relevant national sporting organisation and relevant sporting organisation are defined in s 2 of the Act. Government agency is defined in r 3.
Note 3
Section 67A of the Act deals with giving written notices.
Note 4
Regulation 83 states when a notice that is given to a competitor is presumed to have been received.