Commonwealth Numbered Regulations - Explanatory Statements

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AUSTRALIAN SPORTS DRUG AGENCY REGULATIONS (AMENDMENT) 1996 NO. 163

STATUTORY RULES 1996 No. 163

ISSUED BY THE AUTHORITY OF THE MINISTER FOR SPORT, TERRITORIES AND LOCAL GOVERNMENT

AUSTRALIAN SPORTS DRUG AGENCY ACT 1990

AUSTRALIAN SPORTS DRUG AGENCY REGULATIONS (AMENDMENT)

The Australian Sports Drug Agency Act 1990 (the Act) established the Australian Sports Drug Agency as an independent statutory authority. The Agency's primary objectives are to educate the sporting and general communities on matters related to drug use in sport and to carry out an independent drug, sampling and testing program on athletes at sporting events and out of competition.

Section 73 of the Act provides that the Governor-General 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 Act was amended by the Australian Sports Drug Agency Amendment Act 1996 (the amending Act). The purpose of the amendments is to ensure that the Australian Sports Drug Agency can continue to undertake its responsibilities effectively and to provide leadership in the international fight against the use of prohibited drugs in sport up to and beyond the Sydney 2000 Olympic Games. The aim of the Act is to:

*       simplify the legislation and make it easier to understand and to implement;

*       ensure the Agency is able to comply with requirements of international sporting federations;

*       require substantial, rather than strict, compliance in appropriate areas to reduce the risk of legal challenge on technical grounds;

*       protect the rights of the athletes;

*       recognise the rights of sporting organisations; and

*       refine the objects and functions of the Agency.

The purpose of the amendments to the Regulations is to reflect the changes made to the Act, in particular, in relation to:

(a) the procedures to be prescribed under section 17F for the selection and notification of competitors who may be requested to give a sample, the collection and testing of samples and the notifying of results;

(b) giving the Agency the flexibility needed to continue to ensure the integrity of samples while enabling the use of both the currently used Enyopak and the new Versapak sample collection equipment (such as the amendments of regulations 19 and 21); and

(c) the procedures to be followed to enable the Agency to comply with the requirements of international sporting federations (see new Division 2 of Part 4).

The regulations are expressed to commence on the same day as the amending Act is proclaimed to commence. The Act is to commence on 24 July 1996.

The Privacy Commissioner has been consulted on the amendments and has no objections.

Details of the amendments are in the Attachment.

ATTACHMENT

PROPOSED AMENDMENT OF THE AUSTRALIAN SPORTS DRUG AGENCY REGULATIONS

The following sets out the details of the amendments of the Regulations:

Regulation 3 - Regulation 3 (Intepretation)

This regulation amends the interpretation provision by omitting the definition of "security transit seal", amending the definitions of "representative" and "security transit container" and inserting new definitions of "Australian competitor", "carer", "foreign competitor" and "scheduled drug or doping method".

Regulation 4 - Regulation 3A (Sending a document by post)

This regulation omits regulation 3A which dealt with sending documents by post. This is now covered by section 67 of the Act.

Regulations 5, 6 and 7 - Part 3

Regulation 5 provides a new heading and Division 1 for Part 3, and by new regulation 7A sets out the purpose of Division 1, which is to provide for the manner in which the Agency may request a competitor to provide a sample. Regulations 6 and 7 make changes to the detail of the manner in which requests are made, and am consequential on the changes made by the amending Act.

Regulation 8 - new regulation 9A

New regulation 9A provides that substantial compliance with Division 1 is sufficient (as authorised by new subsection 12(3) of the Act).

Regulation 9 - Division 2

This regulation inserts new Division 2 (regulations 10, 10A, 10B and 10C), dealing with the provision of a sample, what the Agency must tell a competitor, when a competitor's representative may oversee the provision of the sample, and providing that substantial compliance with the Division is sufficient (as authorised by new subsection 13(2) of the Act). Regulation 9 also creates new Division 3 and, by new regulation 10D, sets out the purpose of the Division, which is how a sample is to be dealt with.

Regulations 10-24 - how sample is to be dealt with

These regulations amend regulations 11 to 29 (which deal with notification of selection to give a sample, the provision and scaling of the sample, and initial testing of the sample), and also insert new regulations 29A and 29B and set up a new Part 4. The amendments make changes consequential on the amendments of the Act, and also include new material to give the Agency more versatility in the kind of sample collection containers that it may use. In particular, amendments to regulation 19 (dealing with insufficient samples) and 21 (dealing with the identification of the samples) will enable the Agency to use a new sample collection system known as Versapak, as well as continuing to use the current Enyopak system. The main difference between the two systems lies in the way the containers are sealed. Regulation 29A is authorised by section 170 of the Act, and provides that, except to the extent limited by that section, substantial compliance with the Division is sufficient. Regulation 20B sets out the purpose of Division 1 of Part 4, which deals with the final testing of samples and the notification of the results of both the initial and final testing.

Regulations 25-32 - Notification of test results and final testing

These regulations form part of Division 1 of Part 4 and deal with the applicable procedures, for the purposes of section 17F of the Act, to be followed by the Agency, in relation to samples from Australian competitors, for the final testing of a sample and the notification of both initial and final test results. Regulations 25-27 omit regulations 30, 31 and 32, and substitute new regulations 30 and 32, which deal with the notification by the laboratory of the initial test result. Regulations 28, 29, 30 and 31 deal with testing the second sample, the resealing of the samples when the final testing is carried out by another laboratory, and with notification of test results. Regulation 32 ii authorised by section 170 of the Act, and provides that, except to the extent limited by that section, substantial compliance with Division 1 is sufficient.

Regulation 32 also inserts a new Division 2 (regulations 35A and 35B) into Part 4 which sets out applicable procedures, for the purposes of section 17F of the Act, to be followed by the Agency in complying with a request from an international sporting federation for the testing of foreign competitors. In contrast to the detailed procedures set out in the regulations for Australian competitors, testing of foreign competitors is carried out in accordance with the requirements of the particular international sporting federation.

Regulations 33-34 - Register

These regulations set out the particulars to be entered on the Register, for the purposes of sections 17R and 17S of the Act, if a competitor fails to provide a sample or the sample returns a positive test result.

Regulations 35-36 - Notices

These regulations omit regulations 39 and 39A which deal with the giving of notices to competitors. It is no longer seen as appropriate to prescribe the forms of the notices the Agency gives to competitors.

Regulation 37 - new Regulation 44

Regulation 37 inserts a new regulation 44 which prescribes courier services for the purposes of section 67A of the Act that may be used by the Agency.

Regulation 38 - Schedules

Regulation 38 repeals Schedules 1-5, which contain forms, and replaces them with Schedule 1, which contains remade and simplified forms.

Regulation 39 - Schedule 6

This regulation replaces the list of international anti-doping arrangements with an up to date list of international anti-doping arrangements to which Australia is a party.